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06/01/2004 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING June 1, 2004 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS ~a A. Recognition of Fire Chief Bob Kriha, Firefighter Dan Kriha, and Eagan resident Gerilyn Kusnierek for providing life saving first aid on April 7, 2004. f3 B. Presentation by Health East and the Eagan Police Department on Public Access Defibrillator Program. ps IV. 2003 COMPREHENSIVE ANNUAL FINANCIAL REPORT V. n CONSENT AGENDA ( A. APPROVE MINUTES a1,I B. - PERSONNEL ITEMS C. CHECK REGISTERS Q 3 D. APPROVE Proposal for Sale of City Property at the Northwest Corner of Highway 3 and Diffley Road. a E. ADOPT Findings of Fact for Denial for a Variance - Wright Homes, Inc. F. APPROVE Final Subdivision and Final Planned Development - Nicols Ridge - U.S. Homes G. APPROVE Agreement between Health Partners and the City of Eagan and authorize the Mayor and City Clerk to sign the appropriate agreements ,Q39 H. APPROVE the revised ECC Fitness Membership Fees to include classes effective September 1, 2004 (/~t f p 1. RECEIVE Feasibility Report and schedule Public Hearing for Project 905 (Long Acres / Lebanon Hills Regional Park - Drainage Outlet) J. APPROVE 5 Year CIP (2005-2009), Part III (Public Works Infrastructure) K. APPROVE Winter Trail Maintenance Program for 2004-05 L. APPROVE Final Assessment for Project 790R (Central Parkway - Parcel 10-79950-020-01) 1 M. APPROVE Revised Bid Opening date for Contract 04-04 (Lexington Avenue - TH 55 to Lone Oak Road) .rsO N. APPROVE Construction Agreement with Dakota County for Contract 04-04 (Lexington Avenue - TH 55 to Lone Oak Road) p sI O. ACKNOWLEDGE completion and authorize City Maintenance of Project 01-T (Eagan Preserve) /dSJ- P. APPROVE 2004 Park and Recreation Department CIP 3Q. APPROVE Joint Powers Agreement - Dakota County Drug Task Force R. APPROVE Revision to the May 4, 2004 Listening Session minutes 65-s. DIRECT Findings of Fact, Conclusions and Resolution of Denial - Laukka-Beck Comprehensive Guide Plan Amendment T. DIRECT Findings of Fact, Conclusions and Resolution of Denial - Lone Oak Development LLC Comprehensive Guide Plan Amendment 67 U. APPROVE Retail Sales of Fireworks License Applications V. REVISE Public Hearing Date for Project 759R, (Cedar Grove Parkway - Street Rehabilitation Improvements) U ! W. ADOPT Resolution to Adopt Management Plan for Anderson Property VI. PUBLIC HEARINGS A. DRAINAGE AND UTILITY EASEMENT VACATION - 4648 Fairway Hills Drive t j B. PROJECT 669 - Duckwood Ring Road Official Map VII. / OLD BUSINESS ~9A. REZONING - CEDARSTONE DEVELOPMENT - A Rezoning of approximately five acres from A, Agriculture to R-2 Residential Double located at 1055 Wescott Road in the SW '/4 of Section 14. ~gQ B. REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - METROPOLITAN OFFICE CONDOS LLC - A Rezoning from LB, Limited Business to PD, Planned Development, a Preliminary Subdivision (Northwood Office Condos) to create six lots and a Preliminary Planned Development to allow multiple office condos on property located between Pilot Knob Road and Interstate 35E in the SW '/4 of Section 10. REZONING - ROBERT F. MCDONALD - A Rezoning of approximately five acres from A, Agriculture to R-1, r Single Family Residential located at 1085 Wescott Road in the SW '/4 of Section 14. D. EASEMENT ACQUISITION AND ASSESSMENT AGREEMENT between the Cities of Eagan and Cedar Vale Business Center /31 E. FINDINGS OF FACT FOR DENIAL FOR A CONDITIONAL USE PERMIT - Cedarvale Business Center F. CONDITIONAL USE PERMIT - REALTY DESIGNS INC. for a pylon sign located at 3902-3938 Cedar Grove 131 Parkway (Cedarvale Business Center) and a variance of 10 ft to the sign setback requirement and related stipulations and/or findings. / G. NO PARKING SIGNS - Receive petition and consider installation of "No Parking" signs on Wescott Woodlands VIIl. NEW BUSINESS INTERIM USE PERMIT - RESOURCE ENVIRONMENTAL SERVICES - An Interim Use Permit to allow continuation of a compost site on Outlots G & H Gopher Eagan Industrial Park 2nd and Lot 1, Block 1, Gopher Eagan Industrial Park 3id, located at 805 Yankee Doodle Road n the SW '/4 of Section 12. B. INTERIM USE PERMIT - CEDAR GROVE PROPERTIES, LLC - An Interim Use Permit to allow the pl,)5 continuation of an existing school for Independent School District 191, located at 3920-3988 Sibley Memorial Highway (Cedarvale Shopping Center) in the NE '/4 of Section 19. I ff~ C. PLANNED DEVELOPMENT AMENDMENT - MANLEY LAND DEVELOPMENT - A Planned Development O Amendment to modify the final exterior design and signage on Lot 2, Block 1, Centennial Ridge 2"d Addition, located at 1625 Lena Court in the NW '/4 of Section 28. OD. PLANNED DEVELOPMENT AMENDMENT - SPEEDWAY SUPERAMERICA, LLC - A Planned Development w Amendment to allow outdoor display on Lot 1, Block 1, Oak Cliff 6`h Addition, located at 2250 Cliff Road in the U NW '/4 of Section 31. PE. PLANNED DEVELOPMENT AMENDMENT - PELLICCI, INC. - A Planned Development Amendment to allow outdoor storage on Lot 1, Block 1, Thomas Lake Center, located at 1565 Cliff Road in the SW '/4 of Section 28. aa0F. PLANNED DEVELOPMENT AMENDMENT - MSP COMMERCIAL - A Planned Development Amendment to o~ change the design of an existing building monument sign on Lot 1, Block 1, Gatewoods Addition, located at 1185 Town Centre Drive in the NE '/4 of Section 15. )3D G. PLANNED DEVELOPMENT AMENDMENT - DIEDRICH BUILDERS, INC. - A Planned Development Amendment to modify the final planned development plans for Lots 5, 9 and 17, Block 2, Eagan Heights Townhomes 3`d Addition, located on Liberty Lane in the SW '/4 of Section 19. H. PLANNED DEVELOPMENT AMENDMENT - MSB Tires, LLC A Planned Development Amendment to allow a vehicle maintenance and repair service (Tires Plus, Xpress Lube) on Lot 1, Block 1, Oak Cliff 9`h Addition, located at 2270 Cliff Road. IX. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA XI. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURNMENT * The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. XII. OTHER BUSINESS XIII. VISITORS TO BE HEARD (for those persons not on the agenda) XIV. CLOSED SESSION XV. 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. J MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 30, 2004 SUBJECT: AGENDA INFORMATION FOR MAY 28, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 1, 2004 City Council agenda, the following items are in order for consideration. i Agenda Memo June 1, 2004 RECOGNITIONS & PRESENTATIONS • On May 11, 2004, the Police Department held its annual Awards Ceremony to recognize police staff and citizens who have shown exemplary support of public safety. One event recognized were rescue efforts by Fire Chief Bob Kriha, his son, Dan Kriha and Eagan Citizen Gerilyn Kusnierek in saving the life of Robert Haggan. This item is on tonight's agenda to recognize the efforts of those individuals and the subsequent donation by Robert Haggan to the Eagan Fire Department for their purchase of defibrillator equipment. Agenda Information Memo June 1, 2004, Eagan City Council Meeting B. Presentation on Public Access Defibrilation ACTION TO BE CONSIDERED: Hear Presentation by staff from Police Department and Health East on proposed Public Access Defibrillation Program for the City of Eagan and adopt resolution in support of program. FACTS: • Health East Transportation has received a grant from the Medtronic Foundation to promote the use of public access defibrillators in their service area. • Health East has chosen the City of Eagan to be the 15` community for this effort in Dakota County. • The grant will not be used to purchase defibrillators, but to encourage their placement in locations most likely to benefit from their presence. Examples include public buildings, recreational facilities, schools, churches, large office or warehouse building and senior centers. • The City of Eagan's formal commitment to the PAD program will be a small amount of staff time, primarily from the Police Department to participate on a work group to promote the PAD placement throughout the community. • Chief of Police Therkelsen and Health East PAD coordinator John Dillon will present an overview of the program to the City Council and also present a resolution of support for city council consideration. Attachment(s): On page 14 a resolution supporting the Public Access Defibrillation Program in the City of Eagan. i CITY OF EAGAN PROCLAMATION PUBLIC ACCESS DEFIBRILLATION PROGRAM NNE 2004 WHEREAS, the City of Eagan recognizes that Sudden Cardiac Arrest is responsible for the death of over 250,000 people annually in the United States and according to the Center for Disease Control, this estimate may be as high as 450,000 people; and WHEREAS, with simple to use Automated External Defibrillators (AED) many deaths can be prevented; and WHEREAS, the creation of a Public Access Defibrillation (PAD) program will increase the awareness of Sudden Cardiac Arrest and help to increase survival rates by placing Automated External Defibrillation in public areas; and WHEREAS, the Public Access Defibrillation program will be sponsored by the City of Eagan Police Department, HealthEast Transportation and the American Heart Association; and WHEREAS, a Public Access Defibrillation (PAD) Committee will include representatives from the sponsoring organizations and key members from within the community; and WHEREAS, the Public Access Defibrillation Committee will identify several key priorities including coordinating and hosting a community PAD program; and WHEREAS, the PAD Committee will meet on a regular basis to identify strategies to increase awareness within the community of the life saving value and ease of the Automated External Defibrillators; and WHEREAS, the Public Access Defibrillation committee will coordinate presentations on creating a Public Assess Defibrillation programs and training programs that include CPR; and WHEREAS, creating worthy projects to save lives within our community by placing Automated External Defibrillators in public places, businesses and churches NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim its support for the Public Access Defibrillation Program in the City of Eagan. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: Agenda Memo June 1, 2004 Eagan City Council Meeting IV. 2003 COMPREHENSIVE ANNUAL FINANCIAL REPORT ACTION TO BE CONSIDERED: To receive and accept the 2003 Comprehensive Annual Financial Report (CAFR). FACTS: • The CAFR for the year ended December 31, 2003 has been completed and the audit by Kern, DeWenter, Viere, Ltd. (KDV) has been performed. • No significant findings were made during the audit. • The 2003 CAFR reflects the new reporting rules established by GASB 34. • A brief PowerPoint presentation reviewing the charts and tables included in KDV's "Memorandum on Financial Analysis Information, Accounting Policies and Procedures and Internal Control" will be made by Matt Mayer of KDV. • Mr. Mayer, Director of Administrative Services VanOverbeke, and Chief Financial Officer Pepper will be available to answer questions. ISSUES: None. ATTACHMENTS: • A summary of the key features of the new reporting model (GASB 34) is attached on page- . • 2003 CAFR (without page number) • KDV's "Memorandum on Financial Analysis Information, Accounting Policies and Procedures and Internal Control" (without page number) i C4AC S 5 34- Key features of the new model. Even though the new gov- ernmental financial reporting model has deep roots in tradi- tional public-sector accounting and financial reporting, it offers many new features. The most important of these new features are: • Government-wide financial reporting. For the first time, users of state and local government financial reports have access to government-wide financial statements that pro- p vide a clear picture of the government as a single, unified I" entity. These new government-wide financial statements complement rather than replace traditional fund-based fi- nancial statements. • Additional long-term focus for governmental activities. Tra- ditional reporting for tax-supported (governmental) activi- ties has focused on near-term inflows, outflows, and balances of spendable financial resources. The new finan- cial reporting model retains this short-term focus in the governmental fund financial statements while providing a long-term perspective on these same activities in the gov- ernment-wide financial statements. Narrative overview and analysis. The new governmental fi- nancial reporting model provides financial report users Z~ ✓ 3 with a simple narrative introduction, overview, and analy- sis of the basic financial statements in the form of manage- ment's discussion and analysis (MD&A). • Information on major funds. It is widely agreed that fund information is most useful when presented for individual funds rather than for aggregations of funds (e.g., all spe- cial revenue funds). Accordingly, the new governmental fi- nancial reporting model presents individual fund data for each of a government's major funds. • Expanded budgetary reporting. In the past, budgetary com- parisons were based solely on the final amended budget. Under the new governmental financial reporting model, in- formation on the original budget also is presented. In addi- tion, the new model eliminates aggregated budget presentations (e.g., totals for all budgeted special revenue funds) in favor of comparisons for the general fund and each individual major special revenue fund. 6 Agenda Information Memo June 1, 2004 Eagan City Council Meeting CONSENTAGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the May 28, 2004 regular City Council meeting and the May 11, 2004 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the May 18, 2004 regular City Council meeting are enclosed on pages IE through 15. • Minutes of the May 11, 2004 special City Council meeting are enclosed on pages/4- through . i MINUTES OF A REGULAR MEETING OF THE 11 EAGAN CITY COUNCIL Eagan, Minnesota May 18, 2004 A Listening Session was held prior to the regular City Council meeting in the Eagan Room of the Municipal Center. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, May 18, 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, Assistant to City Administrator Dianne Miller, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges noted that a request had been made by the applicants for item N under the Consent Agenda and item A under Old Business to be continued to the June 1, 2004 meeting. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda, continuing item N under the Consent Agenda and item A under Old Business until the June 1, 2004 City Council meeting. Aye: 5 Nay:0 CONSENT AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Consent Agenda. Aye:5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the April 15, 2004 and April 19, 2004 Special City Council meeting, the May 4, 2004 regular City Council meeting and the May 4, 2004 Listening Session minutes as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Ray Kingsley and Anna Volk as Community Service Officers in the Police Department, contingent upon successful completion of physical, psychological and drug testing requirements. 2. It was recommended to approve the hiring of Joy McLean as a Clerical Technician III in Community Development. 3. It was recommended to approve the hiring of Leon Weiland for the position of Construction Inspector. 4. It was recommended to approve the hiring of Jennifer Lockie as a Police Dispatcher. 5. It was recommended to approve the hiring of Steven Jezusko, Alex Kabakov and Laura Schannach as part-time Building Attendant/Concession Workers at the Community Center. 6. It was recommended to approve the hiring of Jackie Carlson, Jennifer Culbertson, Lindsey Dulin, Laura Eide, Maggie Elliott, Nicole Farlee, Jennifer Gerde, Katie GerIoff, Kristin Giles, Michelle Hanninen, Kalin Laurent, Travis Laurent, Katherine Maruish, Dana Mueller, Darissa Schindle, Jennifer Sparks, Amber Stevenson, and Stephanie Westerlund as seasonal part-time Recreation Leaders. 7. It was recommended to approve the hiring of Cherie Anderson, Erick Bertelsen, Steven Bringgold, Kelly Colbert, Katy Donnedelinger, Lauren Donovan, Angelea Dooley, Laura Farlee, Luke Garrison, Allison Girres, Paul Hanninen, Nicholas Landauer, Kathryn Mustonen, Natalie Norenberg, Emily Pollock, Alicia Schindle, Kelli Schlittler, Kevin Stevenson, Aaron Strey, Angelle Theriot, Aleecia Svien, Megan Williams and Kelli Wood as seasonal part-time Recreation Assistants. 8. It was recommended to approve the hiring of Christie Mason and Erin Stevenson as seasonal part- time Recreation Site Coordinators. 2?" Eagan City Council Meeting Minutes t)1?AFr May 18, 2004 Page 2 9. It was recommended to approve the hiring of Alyssa Kane as a seasonal part-time Recreation Leader/Site Coordinator. 10. It was recommended to approve the hiring of Meghan Chappuis as a seasonal part-time Recreation Program Assistant. 11. It was recommended to approve the transfer of Officer Joe Marshall from the patrol division to the detective unit to assume the responsibilities as a School Resource Officer. 12. It was recommended to approve the hiring of Morli McNally as a temporary Election Supervisor for the 2004 primary/general elections. 13. It was recommended to approve the change in status of the Skating School Director position from part-time (3/4) to full-time exempt. C. Check Registers. It was recommended to ratify the check registers dated May 6, 2004, and May 14, 2004 as presented. D. Enterprise Funds. It was recommended to approve designation of all Enterprise Funds as "major" funds in the Comprehensive Annual Financial Report. E. Project 759R. It was recommended to receive the Final Assessment Roll for Project 759R (Cedar Grove Parkway - Street Improvements) and schedule a public hearing to be held on June 15, 2004. F. Right of Way Vacation. It was recommended to receive the petition to vacate public right-of-way and schedule a public hearing to be held on July 6, 2004. G. Contract 04-05. It was recommended to authorize the preparation of Detail Plans and Specs by WSB & Associates for Contract 04-05 (Wells #20 & 21 - Development and pumping Equipment). H. Contract 03-05. It was recommended to approve the final payment for contract 03-05 (Pond JP-47 - Water Quality Improvements) I. Contract 04-08. It was recommended to approve the plans and specifications for Contract 04-08 (2004 City-Wide Sanitary Sewer Lining) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, June 10, 2004. J. Change Order 91, Contract 04-02. It was recommended to approve Change Order #1, Contract 04-02 (Lakeside Estates/Wilderness Park 2nd & 3`d / Lake Park Shores / Diffley Frontage Roads - Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. K. Change Order #1, Contract 04-03. It was recommended to approve Change Order #1, Contract 04-03 (Coachman Road / Terminal Drive / Borchert Lane - Street & Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. L. Contract 04-04. It was recommended to approve the plans and specifications for Contract 04-04 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 10, 2004. M. Contract 04-07. It was recommended to approve the plans and specifications for Contract 04-07 (Lexington Ridge Court - Street Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, June 10, 2004. N. Findings of Fact. Continued to June 1, 2004. Findings of Fact, Conclusions and Resolution of Denial for a Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for property located at 3902 - 3938 Cedar Grove Parkway. 0. Reiect Sale of Property - NW Corner of Highway 3 and Diffley Road. Continued to June 1, 2004. P. Change Order. It was recommended to approve Change Order #18, which is a total deduct amount of $1,206.00 for the Eagan Community Center building. Q. Final Payment. It was recommended to approve final payment for contracts completed for the Community Center and band shell project. R. Dakota County Entitlement CDBG Programs. It was recommended to continue consideration of the City election to defer its individual Community Development Block Grant entitlement status to Dakota County and participate in the Dakota County Entitlement CDBG Program and the Dakota County Consortium HOME Program for federal fiscal years 2005-2007. PUBLIC HEARINGS VARIANCES - MARCELLA WOODS - WRIGHT HOMES, INC. City Administrator Hedges introduced this item. City Planner Ridley gave a staff report. I Eagan City Council Meeting Minutes` C T May 18, 2004 / Page 3 Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. The applicant discussed the requested variances. He stated that the buyers of Lot 5 would like to add a roof on a deck on Lot 5 and is requesting a variance for that lot as well. City Planner Ridley noted that the published and mailed notice sent to surrounding property owners did not include a variance for Lot 5. Councilmembers discussed the requested variances for undeveloped lots and agreed that the proposed houses are too big for the lots based on the 20 percent building coverage standard. Councilmember Maguire moved, Councilmember Fields seconded a motion to direct Findings of Fact for denial of Variances to exceed the 20 percent lot coverage for Lots 2, 3, 4, 6, 7, 8, 12, 13, and 14, Block 1, Marcella Woods Addition, located on Grace Drive in the SW '/4 of Section 34 Aye: 5 Nay: 0 VARIANCE - 4387 BENT TREE LANE - TODD & SUSAN JOHNSON City Administrator Hedges introduced this item regarding a request for a variance to exceed 20 percent lot coverage by 1.26 percent for an addition to the principal structure at 4387 Bent Tree Lane. City Planner Ridley gave a staff report. Todd Johnson, applicant, discussed the proposed variance request. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to exceed 20 percent lot coverage by 1.26 percent for an addition to the principal structure at 4387 Bent Tree Lane, subject to the following conditions: Aye: 5 Nay: 0 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 finish materials and color of the addition shall match the existing principle structure. 3. The addition shall be located a indicated on the site plan dated April 22, 2004. 4. Lot coverage shall not exceed 21.26 percent. VARIANCE - 4745 PENKWE CIRCLE - KEITH & LORI ZIERDEN City Administrator Hedges introduced this item regarding a request for a three foot Variance to the front yard setback to allow an addition to an existing house, located at 4757 Penkwe Circle. City Planner Ridley gave a staff report. Lori Zierden, applicant, explained the need for the proposed variance. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a three foot Variance to the front yard setback to allow an addition to an existing house, located at 4757 Penkwe Circle, subject to the following conditions: Aye: 5 Nay:0 ! D Eagan City Council Meeting Minutes D A r r May 18, 2004 Page 4 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The variance shall only apply to the addition as indicated on the site plan dated April 23, 2004. 3. Building materials shall match the existing materials. VARIANCE - 981 TRILLIUM COURT - CHRIS NEUMANN City Administrator Hedges introduced this item regarding a Variance to exceed 20 percent lot coverage by just under 1 percent for an addition to the principal structure at 981 Trillium Court. City Planner Ridley gave a staff report. Chris Neumann, applicant, stated that his neighbors had no objection to the proposed variance. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to exceed 20 percent lot coverage by just under 1 percent for an addition to the principal structure at 981 Trillium Court; subject to the following conditions. Aye: 5 Nay: 0 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 finish materials and color of the addition shall match the existing principle structure. 3. The addition shall be located as indicated on the site plan dated April 26, 2004. 4. Lot coverage shall not exceed 21 percent. OLD BUSINESS REZONING - CEDARSTONE DEVELOPMENT City Administrator Hedges stated the applicant has requested that this item be continued until the June 1, 2004 City Council meeting. Action was taken with the adoption of the agenda to continue this item. CONDITIONAL USE PERMIT - WAL-MART City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow payroll check cashing at the check out registers at Wal-Mart located at 1360 Town Centre Drive which was continued from the May 4, 2004 City Council meeting. He went on to provide overview of a meeting that was held with members of the Wal-mart and Sam's Club corporate office. Esthetics of the building and overall access to the site were discussed. Wal-mart representatives indicated they would like to meet again to discuss future plans for the Wal-mart site. Councilmember Carlson stated she preferred that no action be taken regarding further uses on the property until other issues regarding Wal-mart and Sam's Club have been addressed. Councilmember Fields suggested an interim use for the property might be more appropriate. The applicant stated she was favorable to the continuance. Councilmember Fields moved, Councilmember Carlson seconded a motion to continue consideration of a Conditional Use Permit to allow a payroll check cashing at the check out registers at Wal-Mart to the June 15, 2004 City Council meeting. Aye: 5 Nay: 0 ~f i Eagan City Council Meeting Minutes May 18, 2004 Page 5 PLANNED DEVELOPMENT AMENDMENT TO ALLOW A DRIVE-THRU - WALGREENS City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a drive-thru for the pharmacy at Walgreen's located at 2010 Cliff Road which was continued from the May 4, 2004 City Council meeting. City Planner Ridley gave a staff report. Clark Wicklund, representing Walgreens, addressed stacking and traffic count projections and circulation solutions for the proposed drive thru. Public Works Director Colbert discussed a modified design of the proposed median. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a drive-thru for the pharmacy at Walgreen's located at 2010 Cliff Road subject to the May 12, 2004 plans and subject to the following conditions: Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement must be executed and recorded. 2. A trash enclosure shall be constructed with similar materials as the principal building. 3. A detailed awning plan shall be submitted for the Planned Development Amendment Agreement. 4. Landscaping shall replace the painted bump out on the east side of the building. 5. The existing landscaping materials removed for the drive-thru shall be transplanted on site. 6. A revised site plan shall be submitted showing stacking for the drive-thru. 7. The narrowing of the service drive shall be transitioned beginning at the intersection with Rahncliff Road. NEW BUSINESS TRAILS END ROAD "NO PARKING' SIGN PETITION City Administrator Hedges introduced this item regarding a petition for "No Parking" signs on Trails End Road. Public Works Colbert gave a staff report. Jerome Grundmayer, President of the Eagan Oaks Townhomes Association discussed the request for the no parking restriction. Two residents spoke in opposition to the proposed no parking restriction. Chief of Police Therkelsen stated there has been very insignificant concerns regarding public safety in the Trails End Road area. Councilmember Maguire moved, Councilmember Fields seconded a motion to deny the authorization of the installation of "No Parking" signs on Trails End Road west of Elrene Road to Eagan Oaks Court on the north side and to Ivy Lane on the south side. Aye: 5 Nay: 0 REZONING, PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT METROPOLITAN OFFICE CONDOS, LLC. City Administrator Hedges introduced this item regarding a Rezoning of four acres from LB, Limited Business to PD Planned Development, a preliminary planned development to create 22 town offices, common area and one dental office, and a Preliminary Subdivision of 6.9 acres to create 7 lots for property located east of Pilot Knob Road at Marice Drive between Sherman Court and I-35E. City Planner Ridley gave a staff report. Mayor Geagan stated that issues raised by the Advisory Planning Commission have not been addressed and he would prefer the item be continued until further information is submitted. laz Eagan City Council Meeting Minutes ~/QA May 18, 2004 / Page 6 Clark Wicklund, representing the applicant, stated that he was prepared to present updated information. Councilmembers agreed that the updated information should to be reviewed by City staff prior to presentation to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a Rezoning of four acres from LB, Limited Business to PD Planned Development and a Preliminary Subdivision for property located East of Pilot Knob Road at Marice Drive between Sherman Court and I-35E to the June 1, 2004 City Council meeting. Aye: 5 Nay: 0 REZONING, PRELIMINARY SUBDIVISION - EVERGREEN ENCLAVE EPIC DEVELOPMENT City Administrator Hedges introduced this item regarding a rezoning of 7.7 acres from A, Agriculture to R-1, Single Family Residential, a preliminary Subdivision of 7.7 acres to create 12 lots at property located at 4195 Lexington Way South; and a variance to the front setback on Diffley Road of 0 feet for the existing home and 18 foot front setback from the private road on Lot 12, Block 1, Evergreen Enclave; a Variance to allow Lots 2 through 6, Lots 9 and 10 without public street frontage; and a Variance to allow construction of drives without curb and gutter for Evergreen Enclave Addition. City Planner Ridley gave a staff report. Public Works Director Colbert discussed the need for the installation of two sanitary sewer lift stations, the proposed rain gardens, the dead end watermain, increased runoff due to a steep ravine and the design of the proposed streets within the development. Rich Ragatz, Epic Development, discussed the proposal and stated the Code variances were necessary to maximize tree preservation. Floyd Rodmayer, read a letter that had been submitted to Council requesting a sound barrier fence. Terry Davis, Chair of the Advisory Parks and Recreation Commission, was present and offered to address any issues the Council might have in regard to the Parks and Recreation Commission action. Councilmembers discussed the proposed development and agreed there were issues that need further review by the Advisory Parks and Recreation and the Advisory Planning Commissions. The Council directed a joint Advisory Planning Commission and Advisory Parks and Recreation Commission meeting for June 10, 2004 for purposes of reviewing the proposed rain gardens (and maintenance of same) and street drainage. The Council also directed Mr:?? to prepare information that will provide a comparison of impacts between the proposed plan and one that meets all City standards. Councilmembers discussed the fence and determined that such a barrier is not necessary. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration a Rezoning of 7.7 acres from A, Agriculture to R-1, Single Family residential for property located at 4195 Lexington Way South to the June 15, 2004 City Council meeting. Aye: 5 Nay: 0 INTERIM USE PERMIT- SOWLES PROPERTY City Administrator Hedges introduced this item regarding an interim Use Permit to allow outdoor storage on Part of Government Lot 2, located at 3045 Highway 13 in the NW '/o of Section 9. This item had been previously discussed at a Council work session. City Planner Ridley gave a staff report. Mr. Sowles discussed the revisions to the proposed outdoor storage and stated that area residents did not object to the plan. Councilmember Carlson stated that she was opposed to storage of the crane on the property. Murphy McCain, adjacent property owner stated they have no objection to the proposed outdoor storage on the property. 113 Eagan City Council Meeting Minutes May 18, 2004 l Page 7 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve an interim Use Permit to allow outdoor storage of equipment, materials, and current/late model cars, and a 97 foot tower crane, associated with a site plan and item list, dated March 2, 2004 on Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway, subject to the following conditions. Aye: 4 Nay: 1 Carlson opposed. 1. The Interim Use Permit shall be recorded at Dakota County Recorder's Office within 60 days of its approval by the City Council. 2. The permit shall terminate upon the earlier of May 18, 2007. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with al interested parties being given an opportunity to be heard. 4. All parking and storage areas shall be properly maintained and surfaced to prevent deterioration as outlined in the memo dated March 7, 2004. 5. The outdoor storage items shall be limited to what is provided for with the site plan. 6. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code. 7. Subject to site plan dated March 2, 2004. 8. Upon recording the Interim Use Permit all other Conditional Use Permits for the property shall terminate. 9. Storage must be related to a tenant of the building. 10. Applicant must submit a landscaping plan, which includes tress along the northwest side of the property, prior to recording the Interim Use Permit. COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT - LOAN OAK DEVELOPMENT, LLC COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT - LAUKKA-BECK EAGAN PARTNERSHIP City Administrator Hedges introduced two proposed Comprehensive Guide Plan Amendments and Planned Development Amendments, of approximately 83 acres from Special Area/Office Service to Special Area/Medium Density Residential, located on Lots 1 and 2, Block 1, Silicon Graphics First Addition and Outlot D, Cray Second Addition, located in the East half of Section 1; and approximately 26.9 acres from Special Area/Office Service to Special Area/Medium Density Residential, located on Outlot N, Lone Oak in the NE '/4 of Section 1 one being for 80 acres in northeast Eagan (Special Area 1) and the second for 27 acres located in the same area. City Planner Ridley gave a brief planning report stating that the proposed developments require a Comprehensive Guide Plan Amendment and a Planned Development Amendment. Peter Coyle, Larkin and Hoffman, and others, representing the applicants made a detailed presentation on their proposal for residential uses within the subject property area- The zoning and Comprehensive Guide Plan history for the site was discussed as well as existing conditions and use. Gary Tushie, Tushie Montgomery Architects, made a presentation regarding the proposed residential development of the property. He stated the primary design goal is to connect the residents to the natural environment. Roy Ferman representing the Metropolitan Airports Commission, provided information regarding the impact to the proposed residential uses of the parallel runways located at the Minnesota St. Paul Airport that are within 41/2 miles of the subject property. Heidi Hicock, Lone Oak Road, and Greg Miller of Interstate Partners spoke in favor of proposed development. l Eagan City Council Meeting Minutes May 18, 2004 Page 8 Peter Coyle, on behalf of the applicant is withdrawing the Comprehensive Guide Plan amendment request, but is requesting the Planned Development Amendment and concept approval of their proposed development. Discussion was held between Councilmembers, staff and the applicants regarding the proposed mix use of the property, airport noise, and issues relating to the Inver Grove Heights border. A joint meeting with Inver Grove Heights was discussed and it was agreed that legal issues regarding the property have to be addressed. Mayor Geagan and Councilmembers suggested a 90 day extension for the review of the Planned Development Amendment. Peter Coyle, on behalf of the applicant stated they would agree to an extension. No action was taken on the item. ADMINISTRATIVE AGENDA It was noted that a Closed Session would be held to provide direction on collective bargaining as it relates to the Police Sergeants and Public Works and Park Maintenance employees. At 11:35 p.m. the Mayor declared a meeting of the Economic Development Authority. OTHER BUSINESS RESOLUTION TO APPROVE AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH GRAND OAKS LLC FOR THE REDEVELOPMENT OF PROPERTY FOR THE GRAND OAKS FIVE OFFICE PARK AND TO CONSIDER THE SALE OF CITY OWNED PROPERTY FOR THAT PURPOSE Councilmember Fields moved, Councilmember Carlson seconded a motion to adopt a Resolution To Approve Amended and Restated Development Agreement with Grand Oaks LLC for the Redevelopment of Property For The Grand Oaks Five Office Park and to Consider the Sale of City Owned Property for that Purpose. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 11:45 p.m. Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES SPECIAL CITY COUNCIL MEETING Tuesday, May 11, 2004 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL 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 Communications Garrison, Superintendent of Parks Olson, Parks & Recreation Research and Special Projects Wielde, Parks & Recreation Office Supervisor Mesko, Chief Building Official Schoeppner, Community Development Director Hohenstein, Director of Administrative Services VanOverbeke, and City Engineer Matthys. 1. ROLL CALL & AGENDA ADOPTION The Mayor called the meeting to order. City Administrator Hedges had no additions to the agenda. Councilmember Fields moved; Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 (Councilmember Carlson not yet present) II. VISITORS TO BE HEARD There were no visitors to be heard. III. CONSIDERATION OF CITY LOGO City Administrator Hedges introduced the item noting that the City Council, working through the Communications Committee, had expressed concern over at least five different fonts in which the Eagan name appears, the at least six ways the tree appears, and a lack of standard usage through different departments. Per the direction of the Communications Committee, alternative logos are being presented to the City Council for their consideration. Communications Director Garrison and Sexton Art Director Kim Weeks provided a brief presentation on potential logos and a proposed logo usage policy. Councilmember Carlson arrived at 5:40 p.m. The City Council discussed the two logo options. The City Council received input from APrC members in the audience. The City Council directed that Communications Director Garrison continue working with Ms. Weeks to bring back three options for the Council's consideration. The three options should include a 2, 3, and 4 color design to be brought back to the City Council, with costs associated with 14 Special City Council Minutes May 11, 2004 Page 2 of 5 each of the designs. The Council also requested that five additional fonts be brought back to the City Council for their consideration. In addition to the direction provided, Councilmember Tilley moved; Councilmember Fields seconded a motion to adopt the logo usage policies and direct the City Attorney to register and protect the City's logo mark. Aye: 5 Nay 0 IV. PRESENTATION -PARKS CIP City Administrator Hedges introduced the item noting that the Advisory Parks & Recreation Commission (APrC) has held several meetings during the past few months to develop a 2004 CIP Action Plan and a list of potential development projects for future years. Superintendent of Parks Olson presented the Parks & Recreation CIP, including descriptions of the proposed 2004 projects. Olson also suggested that an update be completed on the Park Systems Plan which was last updated in 1995. Olson noted that the Park Systems Plan serves as guide and is important in grant requests. The City Council discussed the CIP as proposed, including the $20,000 allocation to "small project opportunities." Director of Administrative Services VanOverbeke noted that the allocation serves as a contingency within the CIP. The City Council also discussed the sun shelter that was proposed for Wescott Square. In particular, the Council discussed whether the Wescott Square owners should participate in the costs of the sun shelter. The City Council discussed the relationship between community parks, neighborhood associations and homeowners associations. Members of the APrC in the audience offered their input on the proposed sun shelter at Wescott Square. The City Council directed that Youth Development Coordinator Callahan meet with the owners of Wescott Square to inquire whether: 1) there is a need for a sun shelter; and, 2) if the owners would participate in the cost to build the sun shelter. The Council directed that after meeting with the owners, a response be brought back to the City Council. Councilmember Tilley moved; Councilmember Fields seconded a motion to approve the 2004 estimated expense for the Park Site Fund, excluding the Wescott Square sun shelter until further discussions with the Wescott owners are complete. Aye: 5 Nay 0 Superintendent of Parks Olson provided a presentation to the Council on the proposed future Parks & Recreation CIP projects and turned the presentation over to APrC Chair Terry Davis. The City Council welcomed members of the APrC and Chair Davis. Chair Davis suggested that the Council wait to identify future projects until the Parks Master Plan update is complete, if that is the desire of the City Council. Members of the APrC and the City Council discussed potential funding sources for the future projects. Councilmember Carlson inquired as to why repair and replacement for City parks comes from development funds. City Administrator Hedges noted that the City Council may wish to consider an ongoing renewal and replacement fund (tax levy). The Council referenced the APrC's alternative funding study as a source for data. I / Y Special City Council Minutes May 11, 2004 Page 3 of 5 The City Council directed that the next step is to update the Park Systems Plan and determine funding mechanisms (general levies) for Parks & Recreation CIP projects. Councilmember Carlson also requested more information about the APrC's long-term intent in regard to the Park Systems Plan and funding mechanisms. V. DISCUSSION REGARDING PERMIT FEES FOR FIREWORK SALES City Administrator Hedges introduced the item noting that the City Council had previously authorized the preparation of an ordinance to authorize the City to issue permits for the sale of fireworks under State law and to charge a fee for such permits. Hedges added that at the time the Council adopted the ordinance on May 4, the permit fees were set at $100 for existing retail outlets and $350 for transient businesses. The City Council, at the May 4 meeting, requested that the issue of the fees return to a workshop for further discussion. Community Development Director Hohenstein and Chief Building Official Schoeppner provided a brief presentation on the item being considered. The City Council discussed whether the $100 and $350 fees were appropriate. Mayor Geagan questioned how many transient sales we could expect, and noted that the costs for a preliminary investigation by the City's Police Department would likely not be covered by a $350 permit fee. Councilmember Fields inquired about the number of operations to be allowed in one parking lot or any particular area. Director of Community Development Hohenstein noted that spacing requirements and performance standards would be brought back to the City Council when the land use piece of the discussion is before the Council. There was City Council consensus for the fees to remain as approved, which would be $100 for existing retail outlets and $350 for transient businesses. VI. WINTER TRAIL MAINTENANCE City Administrator Hedges introduced the item, noting that since 1998, the City has been providing winter maintenance on a portion of our transportation trail system. Hedges added that when the program was originally adopted, the related policy stated that the City Council consider requests for changes/additions to the program once a year. Public Works Director Colbert provided a presentation on the historical costs of the winter trail maintenance program as well as a summary of three requests being made for the upcoming winter trail maintenance program. The City Council discussed the three requests being made. There was City Council consensus to approve the request to plow the south side of Duckwood Drive from the intersection of Pilot Knob Road to Town Centre Drive. There was also consensus to approve plowing a continuation of the existing trail that will be installed on the east side of Lexington Avenue from Lone Oak Road to Kenneth Street. There was City Council consensus to deny the request to plow the east side of Sandstone Drive between Shale Lane and the Rahn Park east/west trail. Public Works Director Colbert noted that these items would be scheduled for the June 1, 2004 Council meeting for formal consideration. < U Special City Council Minutes May 11, 2004 Page 4of5 VII. COMMUNITY TRAIL SYSTEM REVIEW City Administrator Hedges introduced the item noting that the direction being sought is for the Council to reaffirm or revise the comprehensive community trail system, and draft specific segments (if any) to be included in the Five-Year CIP. City Engineer Matthys provided a presentation on the remaining trail segments within the City. Matthys noted that it would be appropriate for the Council to determine if there are any segments that should be permanently removed from the comprehensive trail system plan as not being practical or economical for future consideration. The Council was also asked to identify which segments should be included in the Five-Year Capital Improvements Plan. Matthys also noted that the Council may wish to establish criteria/guidelines to identify when any specific segment should be programmed into a CIP in the future (i.e. roadway improvements, petition, development, etc.). Lastly, City Engineer Matthys asked that the Council determine the extent and method of public notification that should be provided for trail construction programming. The City Council discussed the community trail system and there was consensus that criteria must be established to determine when a specific trail segment should be programmed into a CIP in the future. The Council noted that in establishing the criteria, it would be helpful to know street speeds/driving habits, accident reports, pedestrian traffic, traffic volumes and proximity to schools/facilities. The City Council directed that staff come back to the City Council when a criteria for the community trail system has been developed. VIII. PRESENTATION - PUBLIC WORKS CIP City Administrator Hedges introduced the item noting that each year the City adopts a CIP for the community that becomes the planning guide for initiating and programming various capital improvements. Hedges added that the Public Works Department has completed the preparation of a draft CIP for Part III (Public Works Infrastructure) for 2005-2009. The City Council discussed the CIP including street projects, financial analyses, and collector and arterial roadways. Public Works Director Colbert and City Engineer Matthys noted that they met with Dakota County, and through that meeting found that both the County and the City's CIP's are in line with one another. The City Council had no changes or suggestions on the proposed CIP. IX. OTHER BUSINESS City Administrator Hedges inquired with the City Council as to how they wish to handle the consideration of the Fire Relief Pension. The City Council directed consideration to the City Council's Personnel Committee. i Special City Council Minutes May 11, 2004 Page 5 of 5 X. ADJOURNMENT The City Council workshop adjourned at 9:13 p.m. Agenda Information Memo June 1, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Seasonal Water Resources Assistants— ACTION TO BE CONSIDERED: To approve the hiring of Tara Lefler and Ryan Perkl as a seasonal water resources assistants. Item 2. Skating School Instructor- ACTION TO BE CONSIDERED: To approve the hiring of Rachel Sablack as a skating school instructor. Item 3. Part-time Guest Service Representative/Community Center ACTION TO BE CONSIDERED: To approve the hiring of Kimberly Drebenstedt as a part-time guest service representative at the Community Center. Item 4. Collective Bargaining Agreement/Police Sergeants' Unit ACTION TO BE CONSIDERED: To approve the 2004-2005 collective bargaining agreement with the Police Sergeants bargaining unit (Law Enforcement Labor Services, Inc.). FACTS: ■ The City of Eagan and the Sergeants' collective bargaining unit have been bargaining in good faith since October, 2003. ■ The Sergeants' unit has voted to approve the Council's last offer to them for the 2004- 2005 collective bargaining agreement with the unit. ■ It would be appropriate at this time for the Council to officially approve the agreement. Item 5. Collective Bargaining Agreement/Public Works/Parks Maintenance Unit ACTION TO BE CONSIDERED: To approve the 2004-2006 collective bargaining agreement with the Public Works/Parks Maintenance bargaining unit (Teamsters Local 320). FACTS: ■ The City of Eagan and the Public Works/Parks Maintenance' collective bargaining unit have been bargaining in good faith since October, 2003. ■ The maintenance unit has voted to approve the Council's last offer to them for the 2004- 2006 collective bargaining agreement with the unit. ■ It would be appropriate at this time for the Council to officially approve the agreement. ~l Agenda Information Memo June 1, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 20, 2004 and May 27, 2004 as presented. ATTACHMENTS: • Check registers dated May 20, 2004 and May 27, 2004 are enclosed without page number. 1 Agenda Information Memo June 1, 2004 Eagan City Council Meeting CONSENT D. APPROVE PROPOSAL FOR THE SALE OF CITY PROPERTY AT THE NORTHWEST CORNER OF HIGHWAY 3 AND DIFFLEY ROAD ACTION TO BE CONSIDERED: To approve the proposal for the sale of City Property at the northwest corner of Highway 3 and Diffley Road to Excel Development in the amount of $475,000. FACTS: • The City Council previously authorized the distribution of requests for proposal to sell the City owned property at Diffley Road and Hwy 3. Availability of the RFPs was noticed in the official newspaper and copies of the request were distributed by mail and posted on the City website. • In response, one proposal was received. The respondent proposes to purchase the property for a multi-tenant neighborhood center that would conform with the use covenants on the site for $475,000. It appears that the proposal meets the general technical requirements of the RFP, but absent other proposals, staff continues to investigate whether the proposed price represents a fair market price of the property. • Under state law, government entities are obligated to sell property at a fair market price. While the City has not performed a formal appraisal, the City had previously authorized an estimate of value by a commercial broker. That estimate was based on assumptions about the buildable area of the site. Staff is pursuing an updated estimate of value based on the actual developable area of the site. • If the updated value estimate is completed in time for Tuesday's meeting, staff will be recommending specific action in this regard. If not, staff will request a continuance to permit the updated estimate to be completed. ATTACHMENTS: • Proposal and plan schematics on pages 03 APR ~ ~ 2004 Excel Development LLC 9119 Alger Court BCell. 612- - Inver Grove Heights, MN 55077 ax: 651-405-0910 Mr. John Hohenstein Community Development Director Eagan City Hall 3830 Pilnot Knob Road Eagan, MN 55122 April 19, 2004 Dear Mr. Hohenstein; Excel Development LLC is pleased to offer a bid of $ 475,000.00 for the 2.7-acre parcel of property on Highway No. 30 (Diffley Rd.) and State Trunk Highway 3. Excel Development has been involved in a variety of projects in the out skirts of the twin cities, such as Red Wing, and Chisago City, MN. We are currently working in the Eagan community; completing an office complex on Lot 1, Blk 1, Honey Tree 1st Addition. Our goal is to create a friendly neighborhood community facility, which will allow for small businesses to operate. Therefore, bringing services and goods that are needed and desired to the area. With this in mind, we propose to create Neighborhood Business District. The building would be designed in a "L" shape. It would be created to lend itself to a variety uses. This plan allows for flexibility of the unit space. The front of the building will be designed to create interest and help each unit create it's own identity. The exterior of the building will be finished using brick and stucco finishes. Please review the concept site plans. If you have any questions or would like to discuss this proposal please feel free to contact me at 612-227-7457. Since ly rzy~5zo a ~PrVd-ent t e) 1 O III J ° !II z LLJ r J O CL III Z E Q II W W x W GC =I O I W - I I ; ~ M 1 Q - Z V i ? 0 = o J ~ W I - ~ Q z m 1~ ( I I m Q io; = pG 2W $ ~ W LL. / N O J W Y~ Z LL C Ly cn 0 i - I I w - - d.~ ~~~asE im offs ~ o J Q ~ N Z o~ W r' J CL J Q W V > f 6 X - = W m M AL 48 o i - r 1 Q W I fl7 1 I! x I I..._ z Q z Cie ~Jr I 8 W I\ ~ 1U 9 C1.7f9- GOD i ~ ~~f' N ~ i~ Z ! ~ .t L ,4 J t 34 ii ppgg i^ C 0~,e r c c9c~ 3 Agenda Information Memo June 1, 2004 Eagan City Council Meeting E. FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - WRIGHT HOMES ACTION TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial for variances to lot coverage for Lots 2,3,4,6,7,8,12,13,14 Block 1, Marcella Woods. FACTS: ➢ At its regular meeting of May 18, 2004, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the lot coverate Variances requested by Wright Homes. to be considered at the May 18, 2004 regular Council meeting. ATTACHMENTS: (1) d Findings of Fact, Conclusions & Resolution of Denial, page ~a through. 1 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Wright Homes, Inc. FINDINGS OF FACT, for a Variance to Exceed 20% Lot Coverage CONCLUSIONS AND on Lots 2 through 8, inclusive and 12, 13 and RESOLUTION 14, Marcella Woods This matter came before the Eagan City Council at a public hearing on May 18, 2004. The Council received and considered the May 3, 2004, Planning Report; input from City staff, and testimony from the Applicant, together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input which were presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT I. Marcella Woods Partnership, a Minnesota partnership (the "Applicant") is the owner of Lots 1 through 15, Marcella Woods (the "Property"). 2. The Property is designated as LD, Low Density within the City's Comprehensive Guide Land Use Plan and is zoned R-1, Single-Family Residential. 3. Section 11.60, subd. 5(E) of the City Code restricts the amount of building coverage on any lot within the R-1 district to a maximum of twenty percent (20%). 4. In 2003, the Property was subdivided and platted into the fifteen single-family residential lots, with each lot meeting the City's subdivision requirements found in Chapter 13 of the City Code. p2 Sy Applicant is requesting a variance to the 20% lot coverage requirement for Lots 2, 3 and 4, 5, 7, 8, 12, 13 and 14, Marcella Woods (the "Project") as set forth in its letter of April 16, 2004, together with Exhibits attached thereto. 5. Section 11.50, subd. 3 governs the issuance of variances 6. Section 11.50, subd. 3(A) of the City Code states that the basis of the granting of variances is those situations where practical difficulties or a particular hardship would result from carrying out the strict letter of the City Code. 7. Section 11.50, subd. 3(B)(3) of the City Code requires the City Council to consider the following factors in reviewing a request for a variance: 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 of which the owners of the property have no control; B. The literal interpretation of the provisions of the Code could deprive the applicant property use commonly enjoyed by other properties in the same district; C. Special conditions or circumstances do not result from the action of the applicant; D. The granting of a variance request will not confer on the applicant any special privilege that is denied by the ordinance to owners of other lands, structures or buildings in the same district; E. The variance request is the minimum variance which would alleviate the hardship; and F. The variance would not be materially detrimental to the purposes of the City Code. 8. The Applicant's letter of April 16, 2004 states that this change (the granting of the variance) will help the integrity and appearance of our development. 9. The property generally remains vacant with construction progressing on individual lots. C:?.. ? i CONCLUSIONS 1. Applicant subdivided the Property in 2003, consistent with subdivision standards for R-1 zoned property. 2.' The layout of the subdivision and the size of the lots were the result of the acts of the Applicant. 3. The Applicant could replat existing vacant lots into fewer lots, thereby eliminating the need for a variance. 4. Applicant's letter of April 16 does not set forth any practical difficulty or particular hardship, but rather that the change will help the integrity and appearance of the development. 5. The granting of a variance would be a convenience to the Applicant and not as the result of practical difficulties or hardship. 6. The property retains a viable use and can comply with existing City Code requirements without the granting of a variance. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for Variances to exceed the 20% lot coverage on lots within Marcella Woods subdivision is hereby denied. Dated at Eagan, Minnesota this day of 72004. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk 30 Agenda Information Memo June 1, 2003, Eagan City Council Meeting F. FINAL SUBDVISION AND FINAL PLANNED DEVELOPMENT - NICOLS RIDGE (PHASE 1) - US HOMES ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (Nicols Ridge) for phase I and Final Planned Development to create 88 lots, 56 attached townhomes, and 32 row houses (8 buildings 4 each) for property in the SW'/4 of Section 19 south of Cedarvale Mall. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The City Council approved a Preliminary Planned Development and Preliminary Subdivision to create 230 units at the May 21, 2002 meeting. • The site is located within the Cedar Grove TIF Redevelopment District. • The City has entered into a TIF assistance agreement with US Homes. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (2): Preliminary Subdivision page 3c2 Final Subdivision page .3.3 1 i • w Ac Y' ~ Y~iiK'h llCil a1 eW.+N Iii; . e G~~d~ we •ren: mec ~ i`t _ alw►uni .~cri®•c aw°: lNPJ~dDZ?dfd Yl?d0 I Kt7d f.LIS .!X►A'1A77fHd I . 7N/7 7479// ,.<.'ti .a.,.m I y a<ni.. f9QlY S7o~IN ~ ,>,<I 6 ' _ _ E i L 6y~zkR i I - ge V v ~ ~ ~ ~ e~eie3~52C21~Bi~dl g 1 Q ~ a °@ Bgloa Y.. s ti ylZ p~ ~ Ah°t~Qz~~~$~6t ~ C ` G a dc~p "vYY YcRcY ~ f' \ I ~I 1 r / t•--~ s 1 I ♦ C ~ 1 W I I ( c 1 ♦ \ I • I ~ I \ I rv- A r` \ ~ r' ~-!-_.:ca is a ~ 1 a a .,t;_ 3~y R u { v Cam., lit; f5=t$ Eez t= C~o ED, S oE9 $°.eB6s. AM: u o v 'o w u I W I I \ 4q~ I R\ Ol1C L'IJOdi I n w ~ cra aia aca .ra~ • 8 °,or~~;typ,~+a , n ~~a! 00.0 !fill lC+fiR ! _a %NLI } rein Zsct.sa acb rs `w'+ 9T r wag m my i.mfriss ialo,.~ I t h+~rw8 X49 ~O i0m r `t W I a g w a 4D ~ n g~ y~ Q I~ t a + ro~ r a a 04 u I w~a ~ ~ d ~ ~"ty, r ;:8 ash CC 11 c, y~ q 4 I U ~ oay ~g tb'4 ii V•`64,y, r~,8 rA ? O ig a^3 UJ 110 T s a;,g~9iiaa 1 I I 10 I I I X44 ~I ~ 3 Agenda Memo June 1, 2004 Eagan City Council Meeting CONSENT AGENDA G: APPROVE AGREEMENT BETWEEN HEALTHPARTNERS AND THE CITY OF EAGAN AND AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE APPROPRIATE AGREEMENTS. ACTION TO BE CONSIDERED: Approve Letter of Understanding between the City of Eagan and HealthPartners and authorize the Mayor and City Clerk to sign the appropriate documents to initiate the Health Partners Frequent Fitness Program at the Eagan Community Center effective July 1, 2004. FACTS: • HealthPartners has developed a program called the Frequent Fitness Program which reimburses participating clubs $20 toward the membership cost for each HealthPartners member. • Community Center staff has been investigating a potential partnership with Health Partners and/or Medica for several months. • Because of its long-term exclusive arrangement with LifeTime Fitness, Medica was not able to consider a partnership with the Eagan Community Center. • HealthPartners has expressed an interest in getting this program up and running at the Eagan Community Center effective July 1, 2004. • Partnering with Health Partners will provide an excellent benefit to existing and new fitness members and will not negatively affect cash flow. • Membership retention and growth has been a documented result of similar wellness partnerships in other facilities. • Since this benefit is available to any Health Partners member, or its designated affiliates, growth in membership is expected. • This partnership will also result in expanded promotion of the community center by HealthPartners as they unveil their new locations offering this program. ATTACHMENTS: • Letter of Understanding 3V LETTER OF UNDERSTANDING May 19, 2004 City of Eagan Scott Aebischer 3830 Pilot Knob Sr. Vice President Eagan, MN 55122 HealthPartners 8100 34 h Avenue South Bloomington, MN 55425 This Letter of Understanding describes the business relationship between the City of Eagan and HealthPartners, hereinafter referred to as "parties," as the two parties work together in offering fitness club services to HealthPartners' members and employees. Through this letter of understanding, both parties agree to the following: 1. To promote the health of its employees and fully insured members, HealthPartners agrees to offer a $20 per month incentive for any fully-insured adult member or HealthPartners employee when eight workout sessions have been completed at the Eagan Community Center beginning July 1 st, 2004. To be eligible for this incentive, in the case of a member, the member must be insured by HealthPartners or its affiliates Group Health Plan, Inc. or Midwest Assurance Company as of the first day of the month for which the incentive applies. In the case of an employee, the employee must be employed by either HealthPartners or one of its affiliated entities as of the first day of the month for which the incentive applies. A maximum discount of $40 per month per family will be applied. In the event a self-insured group requests to offer this program, both parties agree to establish in advance the administrative processes related to this group. 2. In addition, the City of Eagan may provide additional discounts to qualified HealthPartners members and employees as it may determine appropriate from time to time. At this time those discounts include waiver of the initial joiners fees, and reductions in class fees, trainer fees, and merchandise purchases. 3. On or before the first day of each month, HealthPartners will provide the City of Eagan a list of ineligible employer groups for registration/initial verification of program participants. This information will be treated confidentially by the City of Eagan to the extent permitted by law and access to it will be limited to those with a need to use it in the function of their job. At no time will this information be used for any purpose other than eligibility verification unless so required by law. At no time will this information be used for any purpose other than eligibility verification. 1 3S 4. On or before the 5 h day of each month, the City of Eagan will provide HealthPartners with a list of participating members and employees showing the individual's name and the number of times the participant used the facility in the previous month. 5. On or before the last day of the month in which the monthly report is received from the City of Eagan, HealthPartners will verify eligibility of each participant for the incentive and provide a report to the City of Eagan of those individuals eligible for the incentive. The City of Eagan will apply the discount in the monthly fees to the eligible person's next monthly dues. If an eligible person terminates coverage or membership at the Eagan Community Center, and has not received the full benefit of each incentive earned by them, the City of Eagan will not reimburse the eligible individual for any unused incentive. 6. HealthPartners will reimburse the City of Eagan for the membership fee incentive after HealthPartners verifies eligibility of its members and employees. In instances where HealthPartners is unable to provide payment to the City of Eagan prior to the date required by the City of Eagan's accounting and statement processes, the City of Eagan will discount dues as scheduled in order to avoid interruption in the reimbursement process. The City of Eagan will maintain the two-month lag in reimbursement (for example, workouts in June will be reimbursed as scheduled in August). 7. On or before July 1, 2004, or such earlier or later time as the parties may agree, the parties will agree upon the format for all reports and any payment mechanisms. 8. HealthPartners will reasonably promote its relationship with the Eagan Community Center to HealthPartners' health plan members and employees through its member and employee communication resources (e.g. health assessment tool). The Eagan Community Center will reasonably promote its HealthPartners relationship in the Community Center's regional promotion campaigns. By July 1, 2004, or such time as the parties may agree, the parties will formalize their promotional plans and determine the appropriate use of trademarks and trade names of the parties. The promotions undertaken prior to formalizing promotional plans will be subject to the other party's approval which will not be unreasonably withheld or delayed. 9. On an ongoing basis the parties will reasonably work with each other on joint regional promotion / advertising / marketing efforts. 2 36 10. The parties agree to routinely review our relationship to maintain a competitive partnership for the community. 11. We each acknowledge the other party's exclusive ownership of their trade names, trademarks, services marks and logos, whether presently existing or later established. 12. HealthPartners and the City of Eagan may use the trademarks of the other party in press releases and similar notices (collectively "Publicity") regarding the parties' business relationship arising out of this letter of understanding; provided that any such Publicity may not be released without the prior review and approval of the other party, which will not be unreasonably withheld or delayed. 13. HealthPartners may use the trade name of the Eagan Community Center in brochures, publications, and marketing and promotional materials and communications to its members, and on the HealthPartners website (collectively "Marketing Materials") regarding the co-sponsored fitness club program arising out of this letter of understanding. 14. HealthPartners will have a non-exclusive, non-transferable, royalty-free license to use the Eagan Community Center trademarks in Marketing Materials, and on the HealthPartners website to promote the co-sponsored fitness club program arising out of this letter of understanding. HealthPartners will ensure that all registered trademarks of the Eagan Community Center used in the Marketing Materials and on the HealthPartners website contain the U.S. trademark registration symbol (i.e., on the right shoulder of the trademark. 15.. HealthPartners will not remove, alter, cover, obfuscate or modify the foregoing trademark attribution or the U.S. trademark symbol specified above from the Marketing Materials or website without the prior written consent of City of Eagan 16. The City of Eagan will have a non-exclusive, non-transferable, royalty-free license to use HealthPartners' trademark HEALTHPARTNERS® in Marketing Materials, and on the City of Eagan website to promote the co-sponsored fitness club program arising out of this letter of understanding. The City of Eagan will ensure that the trademark HEALTHPARTNERS® used in the Marketing Materials and on the City of Eagan website contains the U.S. trademark registration symbol (i.e., on the right shoulder of the trademark. 17. All copies of the Marketing Materials made by City of Eagan that bear the HEALTHPARTNERS® trademark will contain the following trademark 3 t.3 attribution: "HealthPartners® is the registered trademark of HealthPartners, Inc. The foregoing attribution will also appear on the City of Eagan website whenever it contains the HEALTHPARTNERS® trademark. City of Eagan will not remove, alter, cover, obfuscate or modify the foregoing trademark attribution or the U.S. trademark symbol specified above from the Marketing Materials or website without the prior written consent of HealthPartners. 18. Each parry will submit all Marketing Materials related to the co-sponsored Frequent Fitness program to the other party for approval before using such materials and will use no Marketing Materials that have not received prior approval from the other parry- 19. If there is any dispute under this letter of understanding, the parties will meet and attempt to resolve the dispute in advance of bringing any legal action. 20. This letter of understanding is effective as of June 1, 2004. This agreement will remain in effect until terminated by either party. Unless agreed to by both parties, any termination will be effective as of December 31 of the year in which notice of termination is provided. Written notice of termination must be given at least 120 days in advance of the effective date of termination (i.e., in advance of a December 31). 21. Upon the termination of this letter of understanding, each party will immediately cease the use and distribution of the trademarks of the other party. These terms are agreed to and accepted by: City of Eagan HealthPartners, Inc. By: By: Its: City Clerk Its: Senior Vice President Date: Date: City of Eagan By: Its: Date: 4 3~r Agenda Memo June 1, 2004 Eagan City Council Meeting CONSENT AGENDA H: APPROVE THE REVISED ECC FITNESS MEMBERSHIP FEES TO INCLUDE CLASSES EFFECTIVE SEPTEMBER 1, 2004. ACTION TO BE CONSIDERED: Approve the revised Eagan Community Center fitness membership fees to include classes effective September 1, 2004 through January 1, 2006. FACTS: • Group fitness classes are not currently included in the Eagan Community Center (ECC) fitness membership. • In an attempt to increase participation in fitness classes several options were considered and implemented including punch cards, which would allow members and non- members to attend classes at their leisure. Another option explored was members adding fitness classes onto their membership for $20/month, giving them unlimited access to classes. Neither option has generated the results sought. • Facilities that include classes in membership fees record 20-30% participation in fitness classes. ECC currently has 1.5% of the membership participating in classes. • Staff research of other community centers indicates a movement to include group fitness classes in membership fees and increase fees for the added benefit. • Group fitness classes are vital to a successful fitness club; those that offer them have higher membership satisfaction and retention. • This option would not preclude a member or non-member from purchasing a punch card for classes or signing up for an individual fitness class . • Many members have indicated the desire to have classes included in the membership fee. Some memberships have been lost because classes are not included. • The increase of $2.00 per membership per month would generate more revenue, and increase participation in fitness classes. • By adding group fitness classes as an amenity, other community centers have found an increase of total membership of up to 25% in less than a year. • Staff suggests that this increase in membership fee be sustained until January 1, 2006 at which time the City Council can review and recommend any proposed changes. • The proposed fee would be effective on July 1, 2004 for new members, and September 1, 2004 for current members. • Membership Fee: ls` member Each additional member Current monthly rate $29.00 $24.00 Proposed fee including classes $31.00 $26.00 ATTACHMENTS: None Agenda Information Memo June 1, 2004 CONSENT 1. PROJECT 905, LONG ACRES/LEBANON HILLS REGIONAL PARK STORM SEWER EWPROVENNNTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 905 (Long Acres/Lebanon Hills Regional Park - Storm Sewer Improvements) and schedule a public hearing to be held on July 6, 2004. FACTS: • The City of Eagan's Comprehensive Storm Water Management Plan identifies a concept of providing for the managed conveyance of storm water flows from southeast Eagan into and through as well as for the Lebanon Hills Regional Park itself (LHRP). A portion of this conveyance from the Gun Club Pond (LP-23) under Highway 3 into LHRP's Marsh Lake (LP-24) is programmed in the approved Capital Improvement Plan for 2004. • LHRP consists of approximately 1,400 acres but does not have a managed surface water drainage system in place. Dakota County is in the process of completing a comprehensive drainage plan to manage the rate and volume of water that enters and flows through the park. • On February 10, 2004, at a Council workshop, the City Council directed a proposal to expand the CIP project to a future Council meeting for consideration of authorizing a Feasibility Report. The expansion includes an outlet from Marsh Lake through LHRP to McDonough Lake, continuing to the existing downstream storm sewer system. • On February 17, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of constructing new storm sewer to provide the managed conveyance of storm water flows from southeast Eagan (Gun Club pond) into and through LHRP by way of Marsh Lake and McDonough Lake to the public system at Pond LP-51 and the Holland Lake lift station. • A draft feasibility report has been completed consisting of the proposed drainage improvements and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • On April 22, an open house meeting was held to present preliminary concepts to interested stakeholders and to discuss potential concerns before preparing this draft report. Staff documented comments, additional needs and/or constraints and incorporated them in to this report. • Another informational neighborhood meeting will be held June 24 with the adjacent property owners and other interested stakeholders prior to the Public Hearing to review and discuss the proposed improvements represented in the feasibility report as well as any comments that may come out of the County's review process through their Parks and Physical Development Committees (June 3 & 15 respectively). ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 90 Agenda Information Memo June 1, 2004 CONSENT J. I YEAR CAPITAL IMPROVEMENT PLAN (2005-2009) ACTION TO BE CONSIDERED: Approve the 5-year Capital Improvement Plan for 2005-2009 and authorize the initiation of the public improvement process for the 2005 programmed improvements. FACTS: • At the Council Workshop held on May 11, the Public Works Department presented a draft of their proposed 5-year Capital Improvement Plan (CIP) for 2004-2009. As a result of a detailed review and discussion, the Council and staff agreed on some minor revisions to the submitted draft. The revised CIP is now being presented to the Council for their consideration of favorable action. • With the approval of this 5-year CIP, it would be beneficial to also authorize the initiation of the public improvement process for those projects programmed for 2005 to allow the appropriate studies, notices and hearings to be completed in 2004 allowing for the bids to be solicited in the early part of 2005. ATTACHMENTS: • Memo from the Director of Public Works, page oZ • 5-year CIP (2005-2009), enclosed without page number. i v MEMO city of eagan TO: MAYOR & CITY COUNCIL % THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MAY 26, 2004 SUBJECT: 5-YEAR CIP (2005-2009) The Public Works Department prepared and presented a draft 5-Year CIP (2005-2009), for Part III (Public Works Infrastructure) to the City Council for their consideration at a workshop meeting held on May 11, 2004. As a result of that workshop review, the following is a summary of the few minor changes made to that earlier Draft. These changes have been incorporated into the Final CIP now being presented to the Council for their consideration for formal adoption: STREETS/HIGHWAYS/TRAILS E. Intersection Improvements/Signals • Lone Oak & Pilot Knob Rd.( 2005.2) - This intersection improvement was added as a "ripple" effect from the Pilot Knob Rd. widening programmed for 2005. Left turn lanes will be added to Lone Oak Rd. as a safety improvement. UTILITIES A. Water Trunk Distribution • Duckwood Dr. Extension (Point #103 Pilot Knob to Federal Dr.) (2005.3) - This improvement was postponed from 2004 to 2005 for efficiency and economical coordination with the Lakeview Trail/Lemieux Prop. Improvement (2005.2) B. Sanitary Sewer Trunk Conveyance • Mike Collins Dr. upsize (Yankee Doodle Rd. to Lone Oak Rd) (Future..2). - This improvement is identified in the Comprehensive Sewer Plan and may be necessary to provide the required "Peak Flow Factor" of safety for District N build out sewer capacity at some time in the future. Flow volume metering will be performed in 2004 to verify the need. T CIP, page 2 May 26, 2004 FINANCIAL ANALYSIS Because these are relatively minor revisions, there is no significant ramification to the Financial analyses, projections and/or proforma as originally prepared. There were no other revisions to the draft CEP as directed by the Council. These revisions have been incorporated into the Final CIP (Part III) notebook being redistributed to the City Council for consideration of formal adoption on June 1. If any Council member has any question regarding this document, please let me know and I will be prepared to address them. Respectfully submitted, Thomas A. Colbert, P.E. Attachment: Revised 5-Year CIP (2005-2009) C: Russ Matthys, City Engineer Tom Struve, Superintendent of Streets/Equipment Wayne Schwanz, Superintendent of Utilities G:TAGCIP'05-09/Rev memo 1-13 it Agenda Information Memo June 1, 2004 CONSENT K. WINTER TRAIL MAINTENANCE PROGRAM (2004-2005) ACTION TO BE CONSIDERED: Approve the Winter Trail Maintenance Program for 2004- 2005. FACTS: • In 1998, the City implemented a comprehensive Winter Trail Maintenance Program providing for the snow removal of approximately 50% of the City's transportation trail system (adjacent to collector/arterial streets). • Part of that program included a policy that included, among other things, a schedule for Council review and possible revisions to the most current adopted plan. In 2003, the Council amended its Policy to require that 0 future requests be reviewed by the Council at the first work session in April before formal consideration at a regular Council meeting. • At the May 11 Council workshop, the Council received and considered 3 changes resulting from: a School Request/Petitions (SR/P), a Business Request (BR) and an option presented by staff for Additional Consideration (AC). As a result of that discussion, the following action was taken: • SR/P #1 (East side of Sandstone from Shale to Rahn School) was NOT endorsed for further consideration. • BR #I (South side of Duckwood Dr. from Pilot Knob to Town Center Dr.) was endorsed for favorable consideration. • AC #1 (East side of Lexington Ave from Lone Oak to Kenneth St.) was endorsed for favorable consideration. ATTACHMENTS: • Location map for SR/P # 1, BR # 1 & AC # 1, enclosed on pages YSthrough • Minutes of the May 11 Council workshop, pages Y/5 through • Letter sent to ISD #191 regarding the School Request/Petition, page Winter Trail & Sidewalk Maintenance Route Considerations for 2004-2005 Towentew ~ \ JJ /i c\ Tone Canoe Dr. \l~~ BR #1 sear Bel Rd. VNerotl RoeE ~ ~rJ1~J ~ O / Ownxmtl Dr. \ wertnww Frk ne. R KWd j 1 SR/P #1/' P Cm R0. 1(7(? ~f l In a `nias" ~ln Plowed in 2003-2004 0 1250 2500 5750 6000 Feet `~llll~ Business Request- BR #1 N School Request / Petition - SR/P #1 Dale: 5127104 Prepared by City of Eagan Street Dept., CM File: L:l..\cm\sheets\trads\olowrtes18x11_route_ Additional Consideration - AC #1 considerations_04_05.mxd u Special City Council Minutes May 11, 2004 Page 3 of 5 The City Council directed that the next step is to update the Park Systems Plan and determine funding mechanisms (general levies) for Parks Recreation CIP projects. Councilmember Carlson also requested more information about the APrC's long-term intent in regard to the Park Systems Plan and funding mechanisms. V. DISCUSSION REGARDING PERMIT FEES FOR FIREWORK SALES City Administrator Hedges introduced the item noting that the City Council had previously authorized the preparation of an ordinance to authorize the City to issue permits for the sale of fireworks under State law and to charge a fee for such permits. Hedges added that at the time the Council adopted the ordinance on May 4, the permit fees were set at $100 for existing retail outlets and $350 for transient businesses. The City Council, at the May 4 meeting, requested that the issue of the fees return to a workshop for further discussion. Community Development Director Hohenstein and Chief Building Official Schoeppner provided a brief presentation on the item being considered. The City Council discussed whether the $100 and $350 fees were appropriate. Mayor Geagan questioned how many transient sales we could expect, and noted that the costs for a preliminary investigation by the City's Police Department would likely not be covered by a $350 permit fee. Councilmember Fields inquired about the number of operations to be allowed in one parking lot or any particular area. Director of Community Development Hohenstein noted that spacing requirements and performance standards would be brought back to the City Council when the land use piece of the discussion is before the Council. There was City Council consensus for the fees to remain as approved, which would be $100 for existing retail outlets and $350 for transient businesses. VI. WINTER TRAIL MAINTENANCE City Administrator Hedges introduced the item, noting that since 1998, the City has been providing winter maintenance on a portion of our transportation trail system. Hedges added that when the program was originally adopted, the related policy stated that the City Council consider requests for changes/additions to the program once a year. Public Works Director Colbert provided a presentation on the historical costs of the winter trail maintenance program as well as a summary of three requests being made for the upcoming winter trail maintenance program. The City Council discussed the three requests being made. There was City Council consensus to approve the request to plow the south side of Duckwood Drive from the intersection of Pilot Knob Road to Town Centre Drive. There was also consensus to approve plowing a continuation of the existing trail that will be installed on the east side of Lexington Avenue from Lone Oak Road to Kenneth Street. There was City Council consensus to deny the request to plow the east side of Sandstone Drive between Shale Lane and the Rahn Park east/west trail. Public Works Director Colbert noted that these items would be scheduled for the June 1, 2004 Council meeting for formal consideration. W A city of aagan PAT GEAGAN May 20, 2004 Mayor PEGGY CARLSON Doug Steele, Principal Rahn Elementary CYNDEE FIELDS 4424 Sandstone Drive MIKE MAGUIRE Eagan MN 55122 MEG TILLEY Dear Mr. Steele: Council Members Re: Sidewalk Plowing At the special City Council workshop on May 11, 2004, the City Council considered your request THOMAS HEDGES to add to our winter maintenance routes approximately 175 feet of trail south and east of Shale City Administrator Lane and Sandstone Drive. The Council noted your concerns but felt very anxious about expanding our current maintenance program in a way that could result in additional similar requests from other schools. You noted in your letter that your equipment may not "fit" the trail perfectly and you mentioned Municipal Center: concerns about private property. We have many informal agreements/arrangements with multiple schools throughout the community where schools use a variety of equipment to plow City trails 3830 Pilot Knob Road immediately adjacent to school property to meet their very specific needs. We cannot clean those Eagan, MN 55122-1897 particular trails and sidewalks nearly as efficiently as you can and with the level of quality that you may desire. To date, there have been no problems related to the "private property" concerns that Phone: 651.675.5000 you mention. Fax: 651.675.5012 Additionally, we have no interconnecting maintained trail ways in that area. If the City were to TDD: 651.454.8535 plow that trail way, we would have to bear the additional cost of mobilization of contractor equipment to the site. Maintenance Facility; The Council action is anticipated to be denial of your request. The winter trail maintenance , changes/denials will be formally addressed at the June 1St, 2004 City Council meeting as part of 3501 Coachman Point the regular agenda. Eagan, MN 55122 Please let me know if you need any additional information Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 Tom Struve Superintendent-Streets, Equipment, & Central Services www.cityofeagan.com 3501 Coachman Pt. 55122 Office: 651-675-5300 G:\streets04\rahn elementary 141 THE LONE OAK TREE The symbol of strength and growth in our community it Agenda Memo June 1, 2004 CONSENT L. PROJECT 7908. CENTRAL PARKWAY STREET & UTUX17Y IMPROVEMENTS PARCEL 10-79950-020-01 FINAL ASSESSMENT AGREEMENT ACTION TO BE CONSIDERED: To approve the Final Assessment Agreement with Unisys Corporation (Parcel 10-79950-020-01) for Project 790R (Central Parkway - Street & Utility Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 790R provided for the street and utility improvements for Central Parkway from Pilot Knob Road to Yankee Doodle Road, and Northwood Parkway approximately 400 feet east of Pilot Knob Road. • This project, constructed under Contracts 01-04 and 02-09, has been completed, all costs tabulated, and the final assessment roll prepared. • A final assessment public hearing for this project was held on March 16. • Two of the assessable properties (Perron Family & Duke Realty) have signed waivers to the public hearing process and any related rights to object. Northwest Airlines and Unisys Corporation (Parcel 10-79950-020-01) are being assessed for their related Trunk Area Storm Sewer based on their previously unassessed parcel areas and 2002 rates in effect at the time of the original public hearing when the project was approved. • Unisys Corporation has agreed to the Trunk Area Storm Sewer assessment for their property related to this project subject to a recordable agreement that stipulates when portions of this assessment obligation will be collected. The execution and approval of this agreement will remove their written objection to this assessment submitted at the time of the Final Assessment Hearing on March 16. Agenda Information Memo June 1, 2004 CONSENT M. CONTRACT 04-04, LEXINGTON AVENUE (TH 55 TO LONE OAK ROAD) STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve a revised bid opening date for Contract 04- 04 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street and Utility improvements) to be held at 10:30 a.m. on Thursday, July 29, 2004. FACTS: • Contract 04-04 provides for the reconfiguration of the TH 55/Lexington Ave/Blue Gentian Road intersection and the reconstruction of Lexington Avenue to Lone Oak Road. The improvements include full access to TH 55 from Blue Gentian Road, two dedicated left-turn lanes to TH 55 from Lexington Avenue and traffic signal modifications as outlined and discussed in the feasibility report for Project 859. Street resurfacing and off-street bituminous trails are to be provided on Lexington Avenue as indicated in the feasibility report for Project 877. • On May 18, 2004, the City Council approved the plans and specifications for Contract 04-04 and authorized the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 10, 2004. • City staff has been successful in securing Cooperative Agreement funding through MnDOT for the portion of the contract for the reconfiguration of the TH 55/Lexington Ave/Blue Gentian Road intersection. MnDOT has encumbered the funding for the City of Eagan, but requires a longer than standard plan review period. MnDOT requires that the plan review process be completed prior to the advertisement of bids for the contract. L Agenda Information Memo June 1, 2004 CONSENT N. CONTRACT 04-04, LEXINGTON AVENUE (TH 55 TO LONE OAK ROAD) CONSTRUCTION AGREEMENT ACTION TO BE CONSIDERED: Approve a Construction Agreement for Contract 04- 04 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street Improvements) with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 04-04 provides for the reconfiguration of the TH 55/Lexington Ave/Blue Gentian Road intersection and the reconstruction of Lexington Avenue to Lone Oak Road. The improvements include full access to TH 55 from Blue Gentian Road, two dedicated left-turn lanes to TH 55 from Lexington Avenue and traffic signal modifications as outlined and discussed in the feasibility report for Project 859. Pavement reconstruction and off-street bituminous trails are to be provided on Lexington Avenue as indicated in the feasibility report for Project 877. • The Dakota County Transportation Department had scheduled this portion of Lexington Avenue (County State Aid Highway 43) for reconstruction and resurfacing. The improvement has been programmed for 2004 in the 5-Year Capital Improvement Programs (2004 - 2008) for the City of Eagan and Dakota County. • The proposed TH 55/Lexington Ave/Blue Gentian Road intersection improvements are in conformance with the Alternative Urban Areawide Review (AUAR) completed for the Grand Oak Business Park in 1998 and currently being updated. These improvements will impact the County Highway as an additional lane for northbound Lexington Avenue, allowing two dedicated left-turn lanes to TH 55. • County staff has agreed to combine the reconstruction and resurfacing of Lexington Avenue (Project 877) with the intersection reconfiguration of TH 55/Lexington Ave/Blue Gentian Rd (Project 859) under one contract with the City acting as the lead agency upon the City Council's approval. Dakota County has designed Project 877. • An agreement between the City of Eagan and the Dakota County Transportation Department has been prepared providing for the cost of the construction of the proposed improvements. As set forth in the agreement, the City's financial share of these improvements is 45% of the construction, engineering, and inspection costs, except for the traffic signal, which is 25% (Estimated Total Construction Cost = $1,315,000.00). The City's portion of the Construction Cost is estimated to be $563, 575.00. Nearly all of this expense is eligible for Municipal State Aid reimbursement. • City staff have reviewed this agreement and found it to be similar to other construction agreements and in order for favorable Council action. so Agenda Memo June 1, 2004 CONSENT 0. PROJECT 01-T. EAGAN PRESERVE ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 01-T (Eagan Preserve - Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Eagan Preserve (a.k.a. Argosy) was constructed west of Central Parkway and north of Yankee Doodle Road in Central Eagan. This development required the construction of public storm sewer, storm pond construction, sanitary sewer, and water main performed privately by the developer under the conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. Agenda Memo June 1, 2004 Eagan City Council Meeting Consent Agenda P. APPROVE 2004 PARKS AND RECREATION DEPARTMENT CIP ACTION TO BE CONSIDERED: Approve the Parks and Recreation Department's 2004 CIP. FACTS: • The 2004 CIP was prepared in consultation with the Advisory Parks and Recreation Commission (APrC). • The APrC presented the 2004 CIP to the City Council at a work shop on May 11 • The City Council recommended approval of the 2004 CIP with the exception of one project being held for fin ther review. • Funding for the CIP comes from the Park Site Fund which is money paid by developers in lieu of a land dedication at the time of platting. • CIP PROJECTS Description / Developments Estimated Cost 1. Park System Plan Update $90,000 2. Cedar Pond Playground $35,000 3. South Oaks Playground $35,000 4. Quarry Rink Paving $50,000 5. Tennis Court Renovation $50,000 6. Central Park Electrical $50,000 7. Central Park Trail Lights $55,000 8. Holz Farmstead Upgrades $95,000 9. Central Park Gazebo ( 03 carryover) $50,000 10. Small Project Opportunities $20,000 Acquisitions 11. Capon N/10 (Grant Match) $720,000 12. Anderson Parcel ( Grant Match) $180,000 DEFERRED Pending Further Review Wescott Sun Shelter ATTACHMENTS: • None SC;L Agenda Review Memo June 1, 2004 Consent Agenda: Q. 2004 Joint Powers Agreement for the Dakota County Drug Task Force ACTION TO BE CONSIDERED: To approve a Joint Powers Agreement that would allow the City of Eagan to continue its participation in the Dakota County Drug Task Force. FACTS: • The City of Eagan has participated in a Drug Task Force since 1987 by providing a fulltime investigator. • The task force is currently made up of the following consortium of governmental jurisdictions: Apple Valley, Burnsville, Dakota County Sheriffs Office, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, Savage, South Saint Paul and West Saint Paul. • The aforementioned governmental agencies have entered into a Joint Powers Agreement to support and maintain the Dakota County Drug Task Force. • Back on October 21, 2003 this 2004 JPA was approved and signed by mayor Geagan. • The JPA signed in October of 2003 covered the time period of January 1 through June 30, 2004. At that time the available state grant funding was only authorized through the end of the state fiscal year and it was unknown if grant funding would be continued through the calendar year 2004. • The state grant funding has been approved and this JPA covers the time period from July 1 through December 31, 2004. • No other changes, expect for the time period dates, have been made to the JPA. ATTACHMENTS: • The original copy of the Joint Powers Agreement on pages to_. ,3 DAKOTA COUNTY DRUG TASK FORCE 2004 JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes §471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the Dakota County Drug Task Force. 2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3. Members. The members of this Agreement shall consist of the following units of government: City of Apple Valley City of Mendota Heights City of Burnsville City of Rosemount City of Eagan City of Savage City of Farmington City of South St. Paul City of Hastings City of West St. Paul City of Inver Grove Heights Dakota County City of Lakeville 4. State and Local Assistance for Narcotics Control Program. The City of Burnsville, acting on behalf of the Dakota County Drug Task Force and its members, shall apply for funding under the State and Local Assistance for Narcotics Control Program ("grant funds"). The Burnsville City Manager shall be the "authorized official" as defined in the general policies and procedures for the program. 5. Administrative Board. 5.1 The governing board of the Task Force shall be constituted as follows: The police chief or sheriff of each party shall appoint one board member to serve at the chiefs or sheriff's pleasure. The Dakota County Attorney shall appoint one board member to serve at the County Attorney's pleasure. Board members appointed by the police chiefs and DAKOTA COUNTY DRUG TASK FORCE 1 2004 JOINT POWERS AGREEMENT sheriff must be full-time supervisory peace officers of the jurisdiction or office that appoints the Board member. 5.2 Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 5.3 In January of each year, the Board shall elect from its members a chair, a vice- chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Board provided that at least ten (10) days prior notice of the meeting has been furnished to each Board member. The Board shall operate by a majority vote of all members present. A quorum of two-thirds (2/3rds) of the members shall be required for all meetings. 6. Powers and Duties of the Board. 6.1 The Board will formulate a program to carry out its purpose. 6.2 The Board will coordinate intelligence between the members and the Task Force. 6.3 The Board shall appoint and supervise the Agent-in-Charge of the Task Force. The Board may appoint and supervise Assistant Agent(s)-in-Charge of the Task Force; this appointment will be with the concurrence of the agent's member agency. 6.4 The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.5 The Board may make contracts, incur expenses and snake expenditures necessary and incidental to the effectuation of its purpose and consistent with its power. 6.6 The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. 6.7 The Task Force's books, reports and records shall be open to inspection by its members at all reasonable times. DAKOTA COUNTY DRUG TASK FORCE 2 2004 JOINT POWERS AGREEMENT ~v II 6.8 The Board may recommend changes in this Agreement to its members. 6.9 The members may not incur obligations or enter into contracts that extend beyond the term of this Agreement. 6.10 The Board will purchase liability insurance, which shall be payable from Task Force funds, and the Dakota County Drug Task Force may not take any actions under this Agreement until such liability insurance is in effect. 6.11 The Board may receive real or personal property by grant, devise or bequest for the use of the Task Force. 7. Finance. 7.1 The members intend to fund the cost of operation of the Task Force from July 1, 2004 through December 31, 2004 totaling $157,238 as follows: (1) $125,790 representing grant funds, and (2) $31,448 representing matching funds from member cities and County. Matching funds shall fund the continued cost of maintaining the replacement officers for the full-tune officer assigned by some members to the Task Force. Additional matching funds shall come from forfeiture funds, and $10,000 from the Dakota County Sheriff's contingent fund for drug and alcohol investigations. All funds will be spent in federally authorized program areas. 7.2 The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Burnsville to act as depository for the Task Force's funds. In no event shall there be a disbursement of Task Force funds from the City of Burnsville depository without the signature of the Task Force Secretary/Treasurer or Agent-in-Charge, or the Chairman in the absence of the Secretary/Treasurer or Agent-in-Charge. 7.3 The Board shall receive a monthly financial report of all expenditures and receipts, and current fund balances from the Secretary/Treasurer. 7.4 The members shall contribute their grant funds and required matching funds to operate the Task Force. The required matching funds will be used to pay the 2004 salary and benefits of the full-time officer hired to replace the officer assigned to the Task Force by some members. 7.5 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. DAKOTA COUNTY DRUG TASK FORCE 3 2004 JOINT POWERS AGREEMENT IS-8 7.6 The Board may not incur debts. 7.7 The Task Force's obligation to reimburse members for any expense, furnish equipment and the like is contingent upon the Task Force receiving at least $125,790 in grant funds between July 1 and December 31, 2004. If grant funds less than that amount are received, the Board may reduce the level of expense reimbursement and cut back on equipment and other purchases otherwise required by this Agreement. 8. Agent. 8.1 Each member shall assign one experienced, licensed peace officer to serve on the Task Force as follows: City of Apple Valley One (1) Full Time Equivalent (FTE) City of Burnsville One (1) FTE City of Eagan One (1) FTE City of Farmington One Seventeen-Hundredth (.17) FTE City of Hastings One Half (50) FTE City of Inver Grove Heights One (1) FTE City of Lakeville One (1) FTE City of Mendota Heights One Quarter (.25) FTE City of Rosemount One Twenty-Hundredth (.20) FTE City of Savage One Quarter (.25) FTE City of South St. Paul One Half (.50) FTE City of West St. Paul One (1) FTE Dakota County Four (4) FTE 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be paid by that member, not the Task Force. 8.3 Agents will be responsible for drug investigation, including intelligence management, case development and case charging. Agents will also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. 8.4 Agents will be supervised by the Agent-in-Charge or, in his/her absence, by the Team Leader assigned by the Agent-in-Charge to act in his/her behalf 8.5 The member appointing the Agent shall furnish the Agent a weapon, cellular phone, and a vehicle and pay any lease payments, insurance, maintenance and operating DAKOTA COUNTY DRUG TASK FORCE 4 2004 JOINT POWERS AGREEMENT v 9 it costs of the vehicle. Further, the member appointing the Agent shall pay all expenses associated with tuition, travel, lodging and meals. 8.6 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent staffing assigned to the Task Force as shown in 8.1. 9. Agent-in-Charge and Team Leader(s). 9.1 From the full-time Agents assigned by members, an Agent-in-Charge shall be appointed by the Board and serve at its pleasure. The Agent-in-Charge must be a full- time, licensed supervisory peace officer of a member. The Agent-in-Charge shall remain an employee of the member city or County. 9.2 The Agent-in-Charge shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel subject to direction received from the Board. The Agent-in-Charge is responsible for staffing, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management and intelligence management. The Agent-in- Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent- in-Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent-in-Charge will be responsible for all buy fund monies and petty cash funds, and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. The difference between the rate of pay the Agent-in-Charge would nonnally have received from the member agency and the rate of pay for the member's first-line supervisor will be paid by the Task Force. 9.3 The Agent-in-Charge may exclude Agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the Agent to the Task Force. 9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the Board, with the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Team Leader(s) must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member agency only during that time that the Agent-in-Charge is absent. The difference between the rate of pay, if any, the Team Leader(s) would normally have received from the member agency and the rate of pay for the member's first-line supervisor, however, will be paid by the Task Force to the member agency. The Team Leader(s) shall remain an employee of the member city or County at all times. DAKOTA COUNTY DRUG TASK FORCE 5 2004 JOINT POWERS AGREEMENT L VX 9.5 The duties, responsibilities and authority of the Team Leader(s), while the Agent- in-Charge is absent, shall be the same as the Agent-in-Charge as described in paragraph 9.2 herein. If there is more than one Team Leader, the Agent-in-Charge will assign one Team Leader to act as Agent-in-Charge while the Agent-in-Charge is absent. 10. Forfeiture, Seizures and Fines. Items that are seized by the Task Force shall be used to support Task Force efforts. The use and disbursement of these items must be approved by the Board. In the case of Federal forfeiture actions, established Federal Rules shall be followed. The Board may vote to divide all remaining forfeited items among Task Force members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. Fine and restitution monies ordered paid to the Task Force by Court Order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Indemnification. Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force to the extent not covered by insurance. This Agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 12. Duration. 12.1 This Agreement shall take full effect on July 1, 2004. All members need not sign the same copy. The signed Agreement shall be filed with the City of Burnsville, who shall notify all members in writing of its effective date. With the exception of paragraph 4 of this Agreement, implementation is also contingent upon receipt of grant funds. Prior to the effective date of this Agreement, any signatory may rescind its approval. 12.2 This Agreement shall terminate on December 31, 2004, unless extended by further written agreement of the parties. The State of Mini-iesota, Department of Public Safety has stipulated that all grant money received for the period of July 1 to December 31, 2004 shall be in an amount equal to 50% of the grant award in fiscal year 2003. Grant provisions beyond December 31, 2004 are currently under review by the State. 12.3 This Agreement may be terminated at any time by the written agreement of a majority of the members. 12.4 Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. DAKOTA COUNTY DRUG TASK FORCE 6 2004 JOINT POWERS AGREEMENT ~9 ~I IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute §471.59. Approved by the City Council CITY OF APPLE VALLEY Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF BURNSVILLE Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF EAGAN Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF FARMINGTON Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF HASTINGS DAKOTA COUNTY DRUG TASK FORCE 7 2004 JOINT POWERS AGREEMENT Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF INVER GROVE HEIGHTS Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF LAKEVILLE Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF MENDOTA HEIGHTS Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF ROSEMOUNT Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF SAVAGE DAKOTA COUNTY DRUG TASK FORCE 8 2004 JOINT POWERS AGREEMENT ~j it Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF SOUTH ST. PAUL Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF WEST ST. PAUL Date _ By Date of Signature Attest Date of Signature Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. By Date of Signature Dakota County Attorney's Office Approved as to Form (Asst County Atty): Dakota County Judicial Center 1560 Highway 55 . By Hastings, MN 55033 Date of Signature 651-438-4438 Approved as to Execution (Asst County Atty): By Date of Signature DAKOTA COUNTY DRUG TASK FORCE 9 2004 JOINT POWERS AGREEMENT Agenda Memo June 1, 2004 CONSENT AGENDA: R. Revision to Listening Session Minutes - May 4, 2004 ACTION TO BE CONSIDERED: Approve a revision to the Listening Session Minutes of May 4, 2004. FACTS: • The minutes are being revised to show that Councilmember Carlson was absent from the meeting and the vote on the acknowledgment of the month of June as Gay, Lesbian, Bisexual, Transgender Pride Celebration Month was 4-0. ATTACHMENT: A copy of the revised minutes is attached is attached as page. 013 CITY OF EAGAN LISTENING SESSION EAGAN ROOM - MUNICIPAL CENTER MAY 4, 2004 6:00 P.M. A Listening Session was held prior to the regular City Council meeting at 6:30 in the Eagan Room of the Municipal Center. Councilmember Carlson was not present. There were no visitors who wished to be heard. Councilmember Fields moved, Mayor Geagan seconded a motion to acknowledge June as Gay, Lesbian, Bisesxual, Transgender Pride Celebration Month. Aye: 4 Nay: 0 Respectfully submitted: Mira McGarvey Administrative Secretary / Deputy Clerk Agenda Information Memo June 1, 2004 Eagan City Council Meeting S. DIRECT FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - LAUKKA-BECK COMPREHENSIVE GUIDE PLAN AMENDMENT ACTION TO BE CONSIDERED: To direct the City Attorney to prepare Findings of Fact, Conclusions & Resolution of Denial, to be considered on June 15, 2004, for a Comprehensive Guide Plan Amendment to change the Guide Plan designation of approximately 27 acres from Special Area- Office/Service to Special Area 1-Medium Density located in the NE'/4 of Section 1. FACTS: ➢ At the regular City Council meeting of May 18, 2004, the applicant orally withdrew the Comprehensive Guide Plan Amendment application. ➢ However, the applicant has not made this request in writing. The City Attorney has requested the applicant provide a written request or written confirmation of the request made at the Council meeting. ➢ With the uncertainty of court decisions regarding Agency Action deadlines, if the written request is not received by June 15, 2004, the City Attorney believes the City Council should be in a position to take action to deny the Comprehensive Guide Plan Amendment application to preserve the Council's authority to make an ultimate decision regarding the proposal at a point in the future. ATTACHMENTS: None Agenda Information Memo June 1, 2004 Eagan City Council Meeting T. DIRECT FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - LOAN OAK DEVELOPMENT, LLC COMPREHENSIVE GUIDE PLAN AMENDMENT ACTION TO BE CONSIDERED: To direct the City Attorney to prepare Findings of Fact, Conclusions & Resolution of Denial, to be considered on June 15, 2004, for a Comprehensive Guide Plan Amendment to change the Guide Plan designation of approximately 80 acres from Special Area- Office/Service to Special Area 1-Medium Density located in the SE 1/4 of Section 1. FACTS: ➢ At the regular City Council meeting of May 18, 2004, the applicant orally withdrew the Comprehensive Guide Plan Amendment application. ➢ However, the applicant has not made this request in writing. The City Attorney has requested the applicant provide a written request or written confirmation of the request made at the Council meeting. ➢ With the uncertainty of court decisions regarding Agency Action deadlines, if the written request is not received by June 15, 2004, the City Attorney believes the City Council should be in a position to take action to deny the Comprehensive Guide Plan Amendment application to preserve the Council's authority to make an ultimate decision regarding the proposal at a point in the future. ATTACHMENTS: None r~ Agenda Information Memo June 1, 2004 Eagan City Council Meeting CONSENT AGENDA U. APPROVE CONSUMER FIREWORKS SALES APPLICATIONS ACTION TO BE CONSIDERED: 1. To approve the following license applications for fireworks sales pending successful review of applications and background checks. FACTS: The Building Inspections Division is in receipt of applications for the sale of exempt fireworks from the following locations: Cub Foods 1940 Cliff Lake Road Indoor sales Cub Foods 1940 Cliff Lake Road Outdoor sales Sam's Club 3035 Denmark Avenue Indoor sales All American Recreation 3820 Sibley Memorial Highway Indoor sales Byerly's 1299 Promenade Place Outdoor sales Wal-Mart 1360 Town Centre Drive Outdoor sales Collectors Paradise 2781 Pilot Knob Road Outdoor sales Grace Slavic Baptist Church 1985 Diffley Road Outdoor sales Valley Lounge 3385 Sibley Memorial Highway Outdoor sales CJ Agenda Memo May 18, 2004 V. PROJECT 759R, CEDAR GROVE PARKWAY FINAL ASSESSMENT PUBLIC HEARING ACTION TO BE CONSIDERED: Approve a revised public hearing date for Project 759R (Cedar Grove Parkway - Street Improvements) to be held on July 6, 2004. FACTS: • Project 759R provided for the resurfacing of Cedar Grove Parkway (formerly Beau D'Rue), including the installation of a center median and reconfiguration with one lane of traffic in each direction. The construction of an off-street trail was also included, all as outlined and discussed in the feasibility report. • On May 18, 2004, the final assessment roll was presented to the Council and the Council scheduled a public hearing to be held on June 15 to formally present the final costs to be levied against the benefited properties. • The postal service did not deliver the public hearing notices to the listed address of the legal newspaper so that the notices could be published in accordance with Minnesota Statutes 429. In order to comply with the official notice requirements the hearing date should be rescheduled. • Staff will notify all affected property owners informing them of the revised public hearing date. ~J Agenda Memo June 1, 2004 Eagan City Council Meeting Consent Agenda W. ADOPT RESOLUTION TO ADOPT MANAGEMENT PLAN FOR ANDERSON PARCEL ACTION TO BE CONSIDERED: Adopt the management plan for the Anderson Parcel, and authorize Mayor's signature. FACTS: • The Anderson Property/ Patrick Eagan Park Segment Management Plan fulfills a requirement of the Metro Greenways Grant Program. • The requirements for the Metro Greenways Grant are slightly different from the requirements of the Natural and Scenic Area Grant. The Natural and Scenic Area Grant does not require a Management Plan. • The Management Plan contains an inventory of natural resources, management tools used to encourage native species growth on-site, and discussion of use as a passive park segment. • On May 28, 2004, Dakota County signed the Management Plan. The Management Plan is currently at the Minnesota DNR awaiting signature. • Each agency, the City of Eagan, the Minnesota DNR, and Dakota County, all fiscal contributors to the project, will have an original signed copy. ATTACHMENTS: • Draft resolution is attached, pg • An unnumbered copy of the management plan has been enclosed. ~9 RESOLUTION CITY OF EAGAN Management Plan for Patrick Eagan Park Addition (Anderson Parcel) WHEREAS, the Metro Greenways Grant Program requires a Management Plan to be in place at the time of acquisition of Patrick Eagan Park Addition, currently known as the Anderson Parcel; and WHEREAS, the City of Eagan has worked closely with the Minnesota Department of Natural Resources and Dakota County to develop a Management Plan that is agreeable to all parties; and NOW, THEREFORE, BE IT RESOLVED that the City of Eagan accepts the Management Plan for the Anderson, including the Plan's elements to encourage passive use, growth of native species, and management of the site; and BE IT FURTHER RESOLVED that the Mayor of the City of Eagan is hereby authorized to serve as signatory on the Management Plan, upon approval of the City Council and on behalf of the City of Eagan. ADOPTED this Pt day of June, 2004. CITY OF EAGAN CITY COUNCIL BY: It's Mayor BY: It's Clerk 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 City Council meeting thereof assembled this 1St day of June, 2004. Maria Petersen, City Clerk ~1O Agenda Information Memo June 1, 2004 PUBLIC HEARING A. LOT 7. BLOCK 1 FAIRWAY HILLS EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of a portion of public drainage and utility easement on Lot 7, Block 1, Fairway Hills and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On April 22, 2004, City staff received a letter from Michael and Debra Hager, 4648 Fairway Hills Drive, requesting the vacation of a portion of the existing drainage and utility easement on Lot 7, Block 1, Fairway Hills, southeast of the intersection of Pilot Knob Road and Cliff Road. • The drainage and utility easement was originally dedicated as part of the Fairway Hills plat at a width of 30'. The non-standard width addresses the topography at the rear of this parcel. • The purpose of the request is to vacate a portion of the easement to allow the construction of a swimming pool on the property. The construction of the pool would include a retaining wall to address the existing topography and revised drainage pattern. • Notices have been published in the legal newspaper and sent to all potentially affected and/or interested parties for comment and informing them of this public hearing. No objections have been received to date. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Legal Description and graphic, page. • Location Map, page ell ~ o FAgVVV 1Y- HILLS R. - S01' 12'a "w 85.0V x1 NORTH 10 ( 15 ? I I ~ \ V) M N X03 I o I Ln co 0 0! cn I co M co ! o j o cn w I 70 I Ui / ! i X I n W I r' zZ ! o t: PROPOSED P~p OL 10 I AND DEC/` X26 o 0 24' r ~ • F l• ~ - - - En - o w 0 ~i M _ b Ln D 041 DRAINAGE AND UTILITY EASEMENT VACATION DESCRIPTION Vacation of that part of the existing drainage and utility easement over, under and across part of Lot 7, Block 1, FAIRWAY HILLS, according to the recorded plat thereof, Dakota County, Minnesota described as follows: That part of Lot 7, Block 1, FAIRWAY HILLS described as the West 15.00 feet of the East 35.00 feet lying south of the North 13.00 feet thereof and lying north of the South 24.00 feet thereof. /9 Y 4 Y 0 Q U IY LL Li m ~ g5~ o z \~~E O DR Ry1a" z O~ R UU J DIFFLEY ROAD DIFFLEY ROAD 0 CD O Z Y O CLIFF ROAD CLIFF ROAD a PARKVIEW GOLF COURSE 0 W Proposed Vacation Y U Part of a drainage and utility easement located in the NW %4 of Section 34, Lot 7, Block 1, Fairway Hills Addition i Apple Valley r7A r r nv GAVacations14648FA1 RWAYHILLS Lot 7, Blk. 1, Fairway Hills - 4648 Fairway Hills Dr. Proposed Easement Vacation 4/22/04 Location Map City of Eagan I Agenda Information Memo June 1, 2004 PUBLIC HEARING B. PROJECT 669. "RING ROAD" - DUCKWOOD DRIVE OFFICIAL MAP ACTION FOR COUNCIL CONSIDERATION: Approve City of Eagan Right of Way Map No. 669-2 for Project 669 (Duckwood Drive - Ring-Road Concept) and file the official map with the County Recorder. FACTS: • In 1991, the City Council amended the Transportation Plan Element of the Comprehensive Guide Plan to identify the future ring-road concept, including the connection of Pilot Knob Road with Federal Drive by extending Duckwood Drive across interstate 35-E. • Recent development inquiries in the area of this future street alignment have created the need to formalize this segment of Duckwood Drive. • According to Minnesota Statute 462.359, the City is entitled to designate and reserve land needed for future roadway improvements by the creation of an "Official Map". A formal survey of the segments has been completed and is enclosed as an attachment. • On May 4, 2004, the Official Map for Project 669 was presented to the City Council and a Public Hearing was scheduled for June 1 to formally present the official map and consider the merits of filing the official map with the County Recorder. • All notices have been published in the legal newspaper and sent to all affected property owners, namely impacted and adjacent property owners, informing them of this public hearing. • If the Council desires to follow the Council approved Comprehensive Guide Plan in its current state, it would be appropriate to preserve this corridor by the recording of this official map. If the Council chooses not to preserve this corridor, it should amend its Comprehensive Guide Plan and remove this segment from the ring-road design concept. ATTACHMENTS: • Location Map, page • Draft City of Eagan Right of Way Map No. 669-2, page. • Proposed Overpass Layout, page 71 "1 ) ( ) I Lea ~ ~ ~ /y roAl I ~ `~''-N ~ \ ~w'"4•w' Yty,Ry/ ~ ~ \ \ ~/LPL , s. - a~ M BV ~u J~ jS I \ p~ raovos niw il~gACK 0 p'F . 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Rd. 26) LONE OAK ROAD a D EE o~. Oti Q c i p~ U.S..S. 1 en ! ,o U.S.P.S. ~ wool Ld 0 o PRlC~ O A V NOR7HVvOOD ® z ~ -6 V ` t~l~~ o ♦ 10 PKWY J U ~z m d Q Y F& ir lL F s § ¢ CL z YA EE DOODLE ROAD (Co. Rd. 28) YANKEE DOODLED & (381bpe '01 o J v~ O z0 0 , ® 3'2 • Q z 0 LL ame too X < W W w = Dl D O 00 ago DUCKWOOD DR. M 6 Biiio ca. Base e iiii WESCOTF RD. i Agenda Information Memo June 1, 2004, Eagan City Council Meeting VII. OLD BUSINESS A. REZONING - CEDARSTONE DEVELOPMENT ACTIONS TO BE CONSIDERED: To continue consideration of this item to June 15, 2004. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • This item was continued from the May 18, 2004 City Council meeting to the June 1, 2004 meeting as requested by the applicant. • No development is proposed at this time; however, the conceptual site plan shows a twin home development that is consistent with low density Guide Plan designation of 0-4 units/acre. • The property surrounding the subject site contains single family detached uses. • The property to the west is currently requesting rezoning to R-1, Single family residential. • The Advisory Planning Commission held a public hearing on April 27, 2004 and is recommending denial. ISSUES: • The APC had concerns about the compatibility and consistency of the twin homes with the surrounding single family uses. • There was significant opposition from the surrounding neighbors. 60 DAY AGENCY ACTION DEADLINE • July 17, 2004 - City extended 60 day deadline ATTACHMENTS (1): Letter requesting continuance on page-Z7--- 12,7 Alliant Engineering, Inc. May 27, 2004 Mr. Mike Ridley Eagan City Planner 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Cedarstone Development Dear Mr. Ridley, On behalf of the Cedarstone Development Co, Alliant Engineering, Inc. is requesting that the City of Eagan table our application until the June 15, 2004 City Council Agenda. Please contact Alliant Engineering should you have any questions or comments regarding our request. Thank you. Sincerely, Alliant Engineering, Inc. Clark Wicklund, PE Vice President Cc: Pat Plautz/Cedarstone Cletis Levisay/Master 233 Park Avenue South, Suite 200, Minneapolis Minnesota 55415-1108 Phone 612.758.3080, Fax 612.758.3099 it Agenda Information Memo June 1, 2004 Eagan City Council Meeting B. REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - METROPOLITAN OFFICE CONDOS LLC ACTIONS TO BE CONSIDERED: To approve (or direct findings of fact for denial) a Rezoning of four acres from LB, Limited Business to PD Planned Development for property located East of Pilot Knob Road at Marice Drive between Sherman Court and I-35E. To approve (or direct findings of fact for denial) a Preliminary Planned Development to create 22 town offices, common area, and one dental office on property located East of Pilot Knob Road at Marice Drive between Sherman Court and 1-35E; subject to the conditions in the APC minutes. To approve (or direct findings of fact for denial) a Preliminary Subdivision (Northwood Office Condos) of 6.9 acres to create 7 lots at property located at East of Pilot Knob Road at Marice Drive between Sherman Court and I-35E; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL • Majority * New information is in bold FACTS: • At the May 18, 2004 City Council meeting the Council continued this item to the June 1 meeting in order to have time review the revised plans. • The subject site is currently vacant, wooded and contains a wetland. • The proposal is for 22 office condo units and one freestanding dental building, as part of a Planned Development a cohesive design is expected throughout the development. • Access is proposed with three access points onto Sherman Court and Marice Drive. • Tree mitigation is necessary. • Discussion occurred regarding the lack of design cohesiveness that is a typical expectation of the City for Planned Developments. • Revised plans indicated one pylon sign, monument signs and small monuments signs for the Office Condo's. Two monument signs and building signage for the dental office. A memo is attached regarding these plans. The building materials are compatible and complimentary of each other. • A public hearing was held at the April 27, 2004 Advisory Planning Commission meeting where they recommended approval. 170 • The original request is for two pylon signs, two entrance monuments and four small monuments for the office condos. The APC suggested one pylon sign for the entire Planned Development. ISSUES: • Typically, signage within a Planned Development is uniform and materials match those used on the building(s). The proposed building signage is not uniform with the office condos and is not consistent with City Code requirements. 120 Agency Action Deadline • July 16, 2004 a waiver to the Rezoning and Preliminary PD has been signed ATTACHMENTS (4): p 'O s Advisory Planning Commission Minutes pages Staff report on pages M through Sign/architecture Plans on pages/ / I through Planning Memo on pages hrough_U? /J / ii City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 15 The Advisory Planning Commission took a five-minute recess and reconvened at 8:30 p.m. H. REZONING. PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - METROPOLITAN OFFICE CONDOS LLC A Rezoning of 4 acres from LB, Limited Business to PD, Planned Development, a Preliminary Subdivision of 6.29 acres (Northwood Office Condos) to create six lots and a Preliminary Planned Development to allow multiple office condos on property located between Pilot Knob Road and Interstate 35-E in the SW 1/4 of Section 10. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated April 22, 2004. She noted the background and history. Chair Heyl opened the public hearing. Clark Wicklund, Alliant Engineering discussed the trash enclosures. He stated the enclosure was proposed to be detached for the office condos because of the multiple ownership, and the enclosure for the dental site is attached, but was omitted from the plans. Gywen Secora, resident of the Commons on Marice Drive stated concern for the trees that house the birds, and the existing sidewalks. David Thompson, resident of the Commons on Marice Drive also stated concern for the population of the birds, trees, along with the traffic on Sherman Court. Chair Heyl explained the tree mitigation particulars for this property. Mr. Wicklund explained that tree preservation may be difficult in the area that the parking lot is proposed. He stated no impact to the sidewalk in question. He stated the traffic on Sherman Court and Marice Drive should be minimal. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated tree preservation is important because of the residential homes. She stated importance of the consideration of the neighbors. She stated she would be in favor of approval, including four monument signs and one pylon sign if all conditions are met. Jennifer Eisenhuth, Orthodontist that would possibly establish her business on this property stated the signage is very important for her business. Chair Heyl explained that signage that included a phone number, viewable from the freeway would not be effective due to high traveling speeds. Mr. Eisenhuth explained that the signage on the on-ramp is more important than the signage that would be visible from the freeway. U City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 16 Member Leeder stated the business operations are compatible with the area. He agreed that the buildings and signage should be compatible throughout the site. Member Bendt moved, Member Hansen seconded a motion to recommend approval of a Rezoning of four acres from LB, Limited Business to PD, Planned Development for property located East of Pilot Knob Road at Marice Drive between Sherman Court and I-35E. All voted in favor. Motion carried 4-0. Member Leeder moved, Member Bendt seconded a motion to recommend approval of a Preliminary Planned Development to create 22 town offices, common area, and one dental office on property located East of Pilot Knob Road at Marice Drive between Sherman Court and 1-35E subject to the following conditions as amended: 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. This Planned Development is for town offices and a dental building. Residential occupation/uses shall be prohibited. 3. The applicant shall enter into a Final Planned Development Agreement with the City and shall be recorded at Dakota County Recorder's Office. The following exhibits are necessary for the agreement. a. Final Site Plan b. Final Building Elevations Plan c. Final Tree Preservation Plan d. Final Landscape Plan e. Final Lighting Plan f. Final Signage Plan - freestanding and building mounted 4. All mechanical equipment shall be screened from public rights-of-way and properties with different land use designation. 5. If complaints are registered to City offices about a parking problem within this development the proof of parking shall be implemented and additional landscaping installed where necessary. 6. All trash enclosures shall be and constructed with similar materials as the principal building. 7. Prior to final application, the applicant shall provide the City Council with: a. A detailed landscaping and tree preservation plan; b. An exterior building fagade depiction showing compatibility with both the dental office and office condos, and ?3 City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 17 G. A detailed sign plan depicting size and location of the one pylon sign and two (2) entrance monument signs as well as the individual business signage. All voted in favor. Motion carried 4-0. Member Leeder moved, Member Bendt seconded a motion to recommend approval a Preliminary Subdivision (Northwood Office Condos) of 6.9 acres to create 7 lots at property located at East of Pilot Knob Road at Marice Drive between Sherman Court and 1-35E subject to the following conditions as amended: 1. The property shall be platted. 2. Maintenance of all retaining walls within the development shall be the responsibility of the development's association. 3. The developer shall construct an outlet structure and pipe system from the wetland in accordance with City engineering standards. 4. The developer shall be responsible for lowering the water main to ensure that there is 7%Z feet of ground cover between the final development grades and the top of the existing water main within the site. 5. This development shall dedicate drainage and utility easements over the existing sanitary sewer lines of a width equal to two times their depth, or 40 feet, whichever is less. 6. The developer shall be responsible for the pre-payment of the street assessment for the frontage of the proposed development adjacent to the future construction portion of Sherman Court (approximately 165 feet). 7. If any development construction or grading activity is to occur within 1-35E right-of-way, the developer shall be responsible for obtaining the necessary MN Department of Transportation permits. 8. The developer shall petition, and Council action shall occur, on the vacation of Marice Drive right-of-way within the site prior to final subdivision approval. 9. The development shall satisfy any parks and trails dedications due by a cash dedication. 10. The applicant shall be required to fulfill tree preservation mitigation through the installation of fifty-four (54) Category B trees to be installed on site. 11. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 12. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure U / City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 18 compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 13. This development shall meet the City's water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 0.22 acre-feet covering an area of about 0.15 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 10 feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. 14. To the extent practicable, a 30-foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland should be maintained before, during, and after construction. 15. A Property Owner's We.,,^,e9WReF~& Association shall be established for the maintenance of common area and provide copies of the organizational documents for review and approval to the City Attorney. 16. Lot 5 shall be incorporated into Lot 1 for common area. All voted in favor. Motion carried 4-0. U a PLANNING REPORT CITY OF EAGAN REPORT DATE: April 22, 2004 CASE: 10-PS-04-03-04, 10-PD-01-03-04, 10-RZ-04-03-04 APPLICANT: Korey Bannermam HEARING DATE: April 27, 2004 PROPERTY OWNER: Lawrence Wenzel APPLICATION DATE: March 17, 2004 REQUEST: Rezoning, Preliminary Subdivision PREPARED BY: Sheila Cartney Preliminary Planned Development LOCATION: East of Pilot Knob Road at Marice Drive between Sherman Court and I-35E COMPREHENSIVE PLAN: SA, Special Area ZONING: LB, Limited Business SUMMARY OF REQUEST The applicant requested approval of a Rezoning of 4 acres from LB, Limited Business to PD, Planned Development and a Preliminary Subdivision of 6.29 acres (Northwood Office Condos) to create 7 lots, and a Preliminary Planned Development to create 22 town offices, common area, and one dental office on property located East of Pilot Knob Road at Marice Drive between Sherman Court and 1-35E. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11. 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. 01 Planning Report Northwood Office Condo's April 27, 2004 Page 2 Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other a Planning Report - Northwood Office Condo's April 27, 2004 Page 3 information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." 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 The proposed development overlays three parcels, all of which are platted and located adjacent to Interstate Highway 35E. The subject site is located within Special Area 4. Prior to receiving the Special Area 4 designation with the Comprehensive Guide Plan Update in 2001, the site was part of the Central Area, a similar small area land use plan that was adopted in 1994. The City recently adopted amendments to the Special Area 4 land use plan, which identifies the land use for this site as O/S, Office Service. The northerly parcel is a remnant that was acquired from MnDOT by the City in 2000 in conjunction with the development proposal for an expansion of the Glen Ponds apartment complex in 2000. This parcel is currently owned by Glen Ponds III, LLC, which acquired the land from the City in exchange for right-of-way dedication for Northwood Parkway. At the time the Planned Development for the expansion of the Glen Ponds Apartment complex was approved in 2000, this parcel was also zoned PD, and designated for uses and development standards consistent with the LB, Limited Business zoning district. The two southerly parcels remained zoned GB, General Business. ~'g Planning Report - Northwood Office Condo's April 27, 2004 Page 4 The two southerly parcels have been zoned GB, General Business, as far back as the mid-1970s. The adjacent property to the west had also been zoned GB until it was redeveloped as Limited Business uses (Commons on Marice) in 1997. With a Zoning map update in September 2003, the parcels were rezoned to LB, Limited Business. Until recently, the southern two parcels subject land was owned by MnDOT. It is currently owned by Glen Ponds III, LLC, the owner/developer of the Glen Pond Apartments north of the future Northwood Parkway. Northwood Parkway has been constructed at its intersection with Pilot Knob Road, and exists as right-of-way extending to the east, but has not been constructed to the I-35E right-of-way. A future bridge overpass is planned in this location over I-35E, but funding has not been available and the project remains unscheduled to date. It is anticipated that Northwood Parkway will be constructed to its full extent in conjunction with the installation of this overpass. In 2003, a residential development proposal for the subject site was submitted and withdrawn. EXISTING CONDITIONS The site is vacant and wooded, and contains a wetland in the cast central portion of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Future Northwood Parkway; PD, Planned Development HD, High Density Glen Pond Apartments South Hotel, bank, daycare PD, Planned Development O/S, Office Service East Interstate 35E West Senior assisted living LB, Limited Business O/S, Office Service a artment/restaurant/office EVALUATION OF REQUEST 1. Preliminary Planned Development Proposal - The applicant proposes to develop the site with six two level walkout "Town office" units, and one dental office. The offices will be housed in units that have a similar appearance as attached town homes. The units are in a 5-plex and 6-plex formation. 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. Planning Report - Northwood Office Condo's April 27, 2004 Page 5 Access to the townoffices is proposed via Sherman Court on the south side of the development. Access to the dental office is proposed via Sherman Court near the cul-de-sac and possibly using the service drive to the Extendastay. Compatibility with Surrounding Area - This site is located within an area of mixed use with both low intensity commercial uses, and medium to high density residential uses. The proposed office land use appears compatible with the adjacent uses. Northwood Parkway will create a physical barrier between uses in the future. Consequently, the land uses north of Northwood Parkway are designated residential, consistent with already established apartments, twin homes and single family. Land uses south of Northwood Parkway are designated commercial, consistent with the light commercial uses that exist there - office, daycare, restaurant, and assisted living. Planned Development Zoning - The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. Typically, specific minimum and maximum zoning standards do not apply. However, the LB (Limited Business) zoning district standards are used as a basis for comparison with this proposal. Bulk Standards - Since the property is currently zoned LB (Limited Business) and Planned Development, this proposal is reviewed under the LB zoning district minimum and maximum standards. Although the rezoning request is for Planned Development zoning. Setbacks - As the table below indicates the proposal meets all of the LB standard setback requirements. Setback requirements are not established in a Planned Development zoning. Setback Building Parking Ordinance Proposed Ordinance Proposed Front yard: I 35E 50 feet 50 feet 20 feet 20 feet Front yard: Sherman Ct 30 feet 45 + feet 20 feet 20 feet Side yard: north property line 10 feet 50 feet 5 feet 20 feet Side yard: south property line 10 feet 90 feet 5 feet 20 feet Building Coverage - A maximum of 20 percent of the lot is allowed to be covered with buildings. The site plan indicates the total building coverage is about eleven percent. Green Area - A minimum of 30 percent of the site is required to be green area. The proposal will maintain 66 percent green area for the entire site. Building Height - Building height is limited to 30 feet in height. The Elevation Plans indicate the building height will be 30 feet in height for the townoffices and 34 feet in height for the dental office. Landscaping - The landscape plan submitted appears adequate for the site. The existing trees 9;~ Planning Report - Northwood Office Condo's April 27, 2004 Page 6 seem to provide a natural buffer around the site. If the proof of parking is implemented then additional screening would be required to buffer the parking. Parking - The site plan indicates 202 stalls are proposed for this development and 41 stalls shown as proof of parking. The zoning ordinance requires one stall for every 150 square feet of gross net leasble floor area. Thus, this development would require 224 stalls. The majority of the proof of parking stalls are on the town office side of the development. There are about 33 proof of parking stalls proposed for the town offices. The proposed stalls meet the 10 feet by 19 feet requirement. The city does not have a policy in place as to when proof of parking should be implemented. Staff suggests that when complaints are registered to our offices about a parking problem within this development that proof of parking be implemented and additional landscaping installed where necessary. Trash Enclosure - The trash enclosure is proposed to be detached from the principle structures for the office condos. The Zoning Ordinance requires that trash enclosures within commercial zoning districts be attached to the principal building. It appears the proposed trash enclosure occupies a parking space. The applicant did not indicate why the trash enclosure is not attached to the building. The trash enclosure should be attached to one of the buildings. The plans do not indicate the trash enclosure building materials. The materials are required to match the principle building. The site plan for the dental site does not show a trash enclosure, if there is a trash enclosure outside it should be attached to the building and match the existing buildings materials. Lighting - The office condo site is proposed to have 16 freestanding lights. The lights around the perimeter will have external rear glare shields. The lights will be 24 feet in height. The lighting plan does not indicate any light fixtures attached to the buildings. The buildings should have some type of entrance light whether that be building mounted light at each entrance or throughout the development. A revised lighting plan is required with Final Planned Development approval. The dental site is proposing seven freestanding lights, 20 feet in height. The lights around the perimeter are to have external rear glare shields. The plan does not indicate any building mounted lights. The entrances should have more lighting. A revised lighting plan is required with Final Planned Development approval. Si a e Typically, signage within a Planned Development is uniform and materials match those used on the building(s). The subject site is being developed with office uses that are consistent with the Limited Business Zoning District. Office Condos - Six ground signs are proposed for the office condo portion. One pylon sign, one monument sign and four small monument/directional signs. The monument sign is located near the main entrance and is six feet in height with a sign height of five feet three inches. The Code allows a sign height up to four feet. The proposed monument sign is more of an identification sign, Birchwood Office Park of Eagan will be on the face. The sign has cultured stone columns Planning Report - Northwood Office Condo's April 27, 2004 Page 7 to match the building and the face is recessed with sandblasted letters that are to be painted the sign is a limestone sign. This sign appears compatible with the proposed office condos. The four freestanding monument/directional signs will be located in front of each building. These signs are about five feet tall and 6.75 square feet. The sign has six tenant spaces on each sign. These signs will be the same design as the monument sign at the entrance. The Code allows signs over the entrance to a place of business or used to identify the parking area of a place of business, not to exceed three square feet. The monument/directional signs are to provide information as to what tenants are in each building. Although not specifically address in the Sign Ordinance it seems appropriate for some type of directional signage for this office park. The pylon sign is 27 feet tall and 107 square feet meeting code requirements. The sign is not within 300 feet of any other pylon sign. The sign will be an aluminum cabinet with poles that will be painted green. The sign identifies the office park. The sign seems to be compatible with the other signs on the site. Dental Site - The dental site is proposing two ground signs, a monument and a pylon. The double faced monument sign is located near the entrance and is five feet from the property line; freestanding signs are required to be 10 feet from the property line. The monument sign is six feet eight inches tall and 10 feet wide. The sign has one large space for the orthodontist and four tenant spaces. The proposed sign is a cabinet style that will be internally lit. The base of the sign is brick. The proposed sign does not appear to be compatible with the finished materials of the principal building. The building materials are EFIS and stone veneer. The sign should tie in architectural features of the building. The pylon sign is proposed to be located on the southeast side of the site. The sign is an aluminum cabinet with two poles and a white panaflex face. The cabinet will be backlit with high output fluorescent lighting. The sign will be painted blue. The pylon sign gives the impression of being a billboard by advertising with the phone number and being a bold color. The sign is 27 feet tall and 124.5 square feet. The pylon sign appears to be located within 90 feet of the pylon sign to the south. The City code states that "no pylon sign should be located within 300 feet of any other pylon sign, measure on the same side of the street." The pylon sign and monument sign are inconsistent in color and materials, signage in a Planned Development should be complementary of each other and have some type of uniformity. Building signage is proposed for the east and west side of the building for one tenant name on each side. A specification for building signage was not submitted and should be part of the Final Planned Development Agreement. As a Planned Development, it is expected to have a cohesive design throughout the site with architecture, signage, lighting etc. There is no consistency with the signage proposed for this site. The applicant should submit revised signage plans that reflect a uniform theme that incorporates the proposed exterior building materials throughout the site. Architecture/Building Design - According to the elevation plans for the dental building the finished materials will be EFIS and stone veneer. Colors were not identified. The office condos are proposing asphalt shingles, cement trim, culture stone around the bottom, and hard surfaced siding. Considering this is a Planned Development proposal the exterior materials should be 9~ Planning Report - Northwood Office Condo's April 27, 2004 Page 8 similar and complimentary to each other. Staff suggests the hard surface siding be used for both proposals. The stone veneer and culture stone should be compatible. Detailed plans are required with the Final Planned Development the plans should include a color scheme. Mechanical Equipment - The site plan does not indicate the location of mechanical equipment. All such equipment shall be screened from public rights-of-way and properties with a different land use designation. Homeowner's Association - A homeowner's Association should be established for the maintenance of common area. Lot one should be conveyed to the Homeowner's Association. II. Preliminary Subdivision Lots - The applicant proposes to subdivide 6.29 acres into seven lots, five of which are for town offices, one for a dental office. Lot 1, Block 1, is proposed to be the remainder of the site and is to be maintained by the Association. No buildings are proposed for Lot 1, Block 1. Lot 5 should be combined with Lot 1 (common area). Noise Abatement - A noise abatement plan is required when a plat abuts a freeway, major arterial or other area that generates high volumes of noise. Abatement shall be accomplished by the use of berms, vegetation, walls or combination of the three. Since the site abuts I-35E, a plan should be prepared; however, the landscape plan does not appear to address noise abatement. Grading - The preliminary grading plan is acceptable. The existing site generally slopes toward the existing wetland in the east-central portion of the site with elevations ranging from approximately 898 to 876. Several retaining walls throughout the site are proposed to accommodate the development. Maintenance of these retaining walls should be the responsibility of the development's association. The proposed development grades are compatible with the planned future grades of Northwood Parkway. Storm Drainages The preliminary storm drainage plan is acceptable with modifications. A majority of the storm water runoff from the development is proposed to drain via public storm sewer to the existing wetland in the center of the site. This wetland will then flow to an existing storm sewer system within Sherman Court, which drains to Pond CP-5 (as identified in the City Storm Water Management Plan - 1990) north of Marice Drive. The developer should construct an outlet structure and pipe from the wetland in accordance with City engineering standards. Utilities - The preliminary utility plan is acceptable with modifications. Sanitary sewer and water main of sufficient size and capacity are available within Sherman Court and the vacated right-of- way of Marice Drive for connection by the development. The grade elevation over the existing water main may be lowered with the development. The developer should be responsible for lowering the water main to ensure that there is 7 '/2 feet of ground cover between the final a Planning Report - Northwood Office Condo's April 27, 2004 Page 9 development grades and the top of the water main, to reduce the possibility of the freezing of the main. Streets/ Access/ Circulation - Street access is proposed throughout the development with three access points onto Sherman Court and Marice Drive to the west. Sherman Court will intersect with the future construction of Northwood Parkway. Northwood Parkway, along the north edge of the site, is identified for future street and bridge construction in the City's current Capital Improvement Program (2004-2008). In conjunction with this construction, Sherman Court, a local street along the west edge of the site from Marice Drive to Northwood Parkway, will also be constructed. The public right-of-way providing for the construction of Northwood Parkway and Sherman Court has been dedicated or acquired. In anticipation of this construction, the developer should be responsible for the pre-payment of the street assessment for the frontage of the proposed development adjacent to this portion of Sherman Court (approximately 165 feet). The estimated street assessment is $24,750. No assessments are proposed on Northwood Parkway, a planned major collector roadway. Easements/ Permits/ Right-of-Way - Relatively deep sanitary sewer lines currently run through the site. This development should dedicate drainage and utility easement over these existing lines of a width equal to two times their depth, or 40 feet, whichever is less. The proposed development is adjacent to I-35E right-of-way. If any development construction or grading activity is to occur within I-35E right-of-way, the developer should be responsible for obtaining the necessary permits to allow for the activity. The developer's survey of the property indicates that a portion of Marice Drive right-of-way from High Site Drive to Sherman Court within the site was not vacated by previous Council action as intended with the Effress 2nd Addition development in 2001. The developer should petition, and Council action should occur, on the vacation of this right-of-way prior to final subdivision approval. Wetlands/Water Quality - This 6.3-acre development would be located in the C-watershed, in the northeast sector of the City. The developer proposes to meet the City's water quality requirements entirely by directing stormwater runoff to a treatment pond to be constructed next to a wetland on the parcel. Requirements for the volume of water quality treatment ponds are based on the imperviousness of proposed developments (i.e., the proportion of land covered by buildings, parking lots, driveways, and walks). With a proposed impervious cover of 64 percent, this development would need a pond with a minimum volume of 0.56 acre-feet to treat stormwater runoff. A wetland delineation report indicates there is a 2.9-acre wetland on this parcel. The wetland is under jurisdiction of the Minnesota Wetland Conservation Act (WCA), which regulates draining and filling of all natural wetlands and excavation of certain types of natural wetlands. The developer proposes no impacts to the wetland. ?Y Planning Report - Northwood Office Condo's April 27, 2004 Page 10 Tree Preservation - A tree inventory submitted with this application indicates that there are one hundred sixty-three (163) significant trees in the inventory. Most of the significant vegetation (with the exception of the oak trees) on site appears to be regrowth having occurred on a past disturbed site. The development as proposed will result in the removal of one-hundred four (104) significant trees (63.8 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-unit commercial) is set at 47.5% of the total significant trees. With a proposed removal greater than the allowable amount, there is a required tree mitigation for this proposal. The required tree mitigation calculates to fifty-four (54) Category B trees. The applicant has submitted a tree preservation plan that indicates the fulfillment of the required tree mitigation through the installation of fifty-nine trees, (53 Category B trees, and 6 Category A trees, for an equivalent amount of 65 Category B trees). Parks and Recreation - The development is subject to cash park and trail dedication. This item was a consent item for the Advisory Park and Recreation Commission they recommended approval. SUMMARY/CONCLUSION The request is to Rezone four acres of the subject property from Limited Business to Planned Development, and a Preliminary Subdivision of 6.29 acres to create 7 lots, and a Preliminary Planned Development to create 22 town offices, common area and one dental site to the south. The offices will be part of an office park with individual ownership for each space. The site is currently vacant, wooded, and contains a wetland. The trash enclosure for the office condos is proposed to be detached and the dental site did not show an enclosure. Revised plans showing enclosures attached to the principal buildings should be submitted. The site lighting is acceptable, but should provide some type of entrance lighting. The dental site proposes a monument sign and a pylon sign. The pylon sign is within 300 feet of another pylon sign. The pylon and monument signs are inconsistent in color and building materials. The office condos are proposing six ground signs. One monument at the entrance with no tenant names and four small monuments in front of each building identifying the tenants and a pylon sign. The proposed signage for the dental site and office condo site are not compatible with each other, as part of a Planned Development a cohesive design is expected. The building materials proposed for the two developments are inconsistent. Detailed plans are required with the Final Planned Development. The proposal was reviewed against Limited Business standards because it is partially zoned LB. The majority of the standards are met with the exception of the height of the dental building, 34 feet rather than 30 feet. The site meets the parking requirements with 41 stalls as proof of 9s Planning Report - Northwood Office Condo's April 27, 2004 Page 11 parking. Staff suggests that when/if complaints are registered to City offices about a parking problem within this development that proof of parking be implemented and additional landscaping installed where necessary. Street access is proposed throughout the development with three access points onto Sherman Court and Marice Drive to the west. Sherman Court will intersect with the future construction of Northwood Parkway. In anticipation of this construction, the developer should be responsible for the pre-payment of the street assessment for the frontage of the proposed development to this portion of Sherman Court (approximately 165 feet). There are 163 significant trees onsite. The developer proposes to remove 104 significant trees 63.8 percent the ordinance allows a removal of up to 47.5 percent, tree mitigation is necessary. A cash park and trail dedication is required with this development. ACTION TO BE CONSIDERED To recommend approval of Rezoning of four acres from LB, Limited Business to PD, Planned Development for property located East of Pilot Knob Road at Marice Drive between Sherman Court and I-35E. To approve a Preliminary Planned Development to create 22 town offices, common area, and one dental office on property located East of Pilot Knob Road at Marice Drive between Sherman Court and I-35E. 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. This Planned Development is for town offices and a dental building. Residential occupation/uses shall be prohibited. 3. The applicant shall enter into a Final Planned Development Agreement with the City and shall be recorded at Dakota County Recorder's Office. The following exhibits are necessary for the agreement. a. Final Site Plan b. Final Building Elevations Plan c. Final Tree Preservation Plan d. Final Landscape Plan e. Final Lighting Plan f. Final Signage Plan - freestanding and building mounted 4. All mechanical equipment shall be screened from public rights-of-way and properties with different land use designation. 5. If complaints are registered to City offices about a parking problem within this development the proof of parking shall be implemented and additional landscaping installed where necessary. 6. All trash enclosures shall be attached to the principal building and constructed with similar materials as the principal building. Planning Report - Northwood Office Condo's April 27, 2004 Page 12 To approve a Preliminary Subdivision (Northwood Office Condos) of 6.9 acres to create 7 lots at property located at East of Pilot Knob Road at Marice Drive between Sherman Court and I- 35E. If approved, the following conditions should apply. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: A1, Bl, 4, Cl, 2, 4, Dl,and E1 1. The property shall be platted. 2. Maintenance of all retaining walls within the development shall be the responsibility of the development's association. 3. The developer shall construct an outlet structure and pipe system from the wetland in accordance with City engineering standards. 4. The developer shall be responsible for lowering the water main to ensure that there is 7'/z feet of ground cover between the final development grades and the top of the existing water main within the site. 5. This development shall dedicate drainage and utility easements over the existing sanitary sewer lines of a width equal to two times their depth, or 40 feet, whichever is less. 6. The developer shall be responsible for the pre-payment of the street assessment for the frontage of the proposed development adjacent to the future construction portion of Sherman Court (approximately 165 feet). 7. If any development construction or grading activity is to occur within I-35E right-of-way, the developer shall be responsible for obtaining the necessary MN Department of Transportation permits. 8. The developer shall petition, and Council action shall occur, on the vacation of Marice Drive right-of-way within the site prior to final subdivision approval. 9. The development shall satisfy any parks and trails dedications due by a cash dedication. 10. The applicant shall be required to fulfill tree preservation mitigation through the installation of fifty-four (54) Category B trees to be installed on site. 11. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 12. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 13. This development shall meet the City's water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 0.22 acre-feet covering an area of about 0.15 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 10 feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. 14. To the extent practicable, a 30-foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland should be maintained before, during, and after construction. Planning Report - Northwood Office Condo's April 27, 2004 Page 13 15. A Homeowner's Association shall be established for the maintenance of common area and provide copies of the organizational documents for review and approval to the City Attorney. 16. Lot 5 shall be incorporated into Lot 1 for common area. 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. 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 LTSNS STANDARD.CON FINANCIAL OBLIGATION- Preliminary Subdivision-Northwood Office Condo There are pay-off balances of special assessments totaling $-0-on the parcels proposed for subdivision. The pay-off balance will be allocated to the lots created by the subdivision. 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 subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk C.I. $.02325/Sq. Ft. 117,090 Sq. Ft. $2,722 Total $2,722 101 Eagan Boundary Location Map Street Centerline Parcel Area i Building Footprint as 7 Ma-11 r It 'C3 4 -J -1 ~ o a Sub ect Site ILI 0 L o fall [Ell- 0 Q 11' cm L Rj f3 q Q / °Oe 9 1000 0 1000 2000 Feet Development/Developer: Northwood Office Condo Application: Prelim subdivision, Rezoning ~,Iase No.: 10-PS-04-03-04 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of January 2004. Cit of en THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E v 9nn The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S community Development Departmsnt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Northwoods Office Condo Land Use Map Case No. 10-PS-04-03-0 Zoning Map R-3 R-2 R-4 PD P R-4 Current Zoning: o PD PD, Planned Development A.V~ LB, Limited Business D `g r LB LB RD PD PD 6e. 0 600 1200 F..t ~ P r , n Comprehensive Guide Plan MD Land Use Map SA SA SA 0 Current Land Use Designation: sa ~r ~P ?g SA SA Special Area sa SA SA SA coo 0 coo 1200 F..t 1 4PI- par el base p information pro erby Dakota County Land Survey Department Juna 2003. N Zo . information maintained byCity and Staff. City of Eagan , : 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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N SCALE: 1/4"=l'-O" DATE: 4.19.04 ALLIANT TVqAW SIGN ENGINEERING I N C O a p 0 { A i l D BIRCHWOOD OFFICE PARK E G al Re■//+^~T~~ryTN ~/~■~~1e V i` 1 Minneapolis, • om -8 L30 Engineers S Surveyyors onds capa Archlfact. LIMESTONE SIGN RECESSED AREA (NOTE: SANDBLASTED LETTERS ARE TO BE PAINTED) PRECAST CAP BIRCHWOOD d- OFFICE PARK CULTURED STONE OFEAGAN COLUMNS TO MATCH 04 BUILDING in 1.6' 5.4' 11 1.6' 4TJ I I I I I I V I I F~___~~ CONCRETE FOOTING i I L SCALE: 3/8"=l'-O" DATE: 4.19.04 REXEITYED p 1 7004 ALLIANT ENGINEERING MONUNUITU SIGN ■//yyT~~ryT ~e INCORPORATED BIRCHWOOD OFFICE PARK E&CIaL~~V~/~■F 1 Engineer . 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The proposed development complies with the current Comprehensive Plan. Zoning classification (existing and proposed) The subject property is currently zoned LB- Limited Business. The development plan proposes to rezone to PD-Planned Development in order to allow for the construction of multiple office condos within a larger parent parcel. What you want to do; timing/phasing The project proposes to commence with clearing and grubbing of the subject area upon City Council approval of the Preliminary plat and Development Agreement. A September start date would allow for construction of footing and foundation systems for the units proposed adjacent to the existing wetland and in the northwest corner of the project site. Construction of the remaining units would be market driven, though would most likely be completed within 1-2 years due to anticipated demands. Existing land uses on subject property The majority of the subject area is primarily undeveloped and heavily wooded. A large wetland area occupies the central portion of the project site and amounts to approximately 1.0 acres. Existing utilities currently traverse through the site and are within an associated easement. No building currently exist on-site. Surrounding land uses and zoning within 660 feet Review of the Comprehensive Land Use plan indicates that the subject area is surrounded entirely by SA- Special Area land use. Review of the Zoning Map indicates the subject area is surrounded by Limited Business to the west, Planned Development to the north and south and State right-of-way to the east. What impact does the rezoning have on surrounding property and land uses? The proposed development plan will impact the adjacent properties in a manner typical of any property being converted from an undeveloped to developed state. City services currently serving the adjacent properties will not be adversely affected due to the projects limited scope, similar zoning and similar density. What impact does the rezoning have on the subject property? Rezoning of the subject property to PD will allow for the construction of multiple office condos atop individual lots all located within a single parent parcel. A secondary lot, identified as Lot 1/ Block 2 on the preliminary plat, will have a dental office and associated parking in compliance with the requested zoning. What impact does the rezoning have on City services, such as sewer, water, stormwater run-off and roads? Sanitary Sewer The proposed development will be served by an existing 8 inch diameter lateral sewer line which runs through the northern portion of the project site. It is not anticipated that the project as proposed will exceed the available capacity of the existing system and will be verified with City Staff prior to final design of the sewer system. Water The proposed development will be served by an existing 8 inch diameter watermain which parallels the sanitary sewer. It is not anticipated that the project as proposed will exceed the available capacity of the existing watermain and will be verified with City Staff prior to final design. Stormwater The current development plan proposes to route storm water captured in common drive areas to a regional retention facility located to the west of the existing wetland area. The pond will outlet into the wetland area, though not exceed criteria specified in the Wetland Conservation Act. Both the wetland area and the pond will ultimately outlet via an existing 24 inch diameter storm pipe located near the central portion of the west property line. All lower building elevations have been provided with three feet of fre-board beyond the 100 year rainfall event in accordance with City requirements. if U Does the requested land use proposed by the rezoning result in a better use of the land? Explain. The requested land use proposed by the rezoning is compatible with the surrounding properties and in compliance with the Comprehensive Land Use Plan. The approval process required for the requested zoning will allow adjacent property owners and residents of the community to input into the design of the project. The project will allow smaller business owners with an opportunity to office in the City of Eagan and own their building space. 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"W xx 42¢ 4 w ~ _ 0 C ~ Yy r i0 mn^zfnc`'G,?Ny~a uw wF¢$nz ~.aa3-ouoana~uou°~~'u4zco..~ i ,,rw,r 7 ~ ~ ,.~1 E I--I d!'~ d Ulu- m 3 Lt zl,_ v m ~ a ~j ¢w 0020 ¢V QNp w2 - }2QN~y.-~U, ..p2=2a2Z¢9-22:. _ i L❑srca ~❑t~5t-~^a~W Z~y ~C26_ XXW !Q 20 yw u❑Z~ Z2~20~ aw :Z _F 4 9 .2 .y ar-"'❑CZ --zz W¢a.=m2 -ci Q Z 2 * Q ~ w~Y 2^3 _ ',p v Y~:d ''-y9 c~a auvizmv+a ~,,,m ¢f_c„' ,:,c,YOO+MCI ¢~~.,:2 z~ f'LLz iv is r-aa3~ccaaas-u~nv~:-'A IN- t ti d _ 07.! El LS X71 F--L !o a 5 a a~s~ ■ E-Z ivai~ MEMO City of Eagan TO: Mike Ridley, City Planner FROM: Sheila Cartney, Planner 9/ DATE: May 28, 2004 SUBJECT: Metro Office Condos In response to the Advisory Planning Commission and City Council the applicant has submitted revised sign plans and elevations including building materials. A brief overview of what has been submitted is the intention of this memo. Building materials Neutral colors are carried throughout the site. Office condos • The building materials include: EFIS, Timberline asphalt roof shingles, rock face concrete, cultured stone. Dental Site • The building materials include: Asphalt shingles, EIFS, and stone veneer. The building materials appear to be similar and complimentary of each other. Monument Signns The entrance monument sign for the office condos and the dental site are identical. The signs are a limestone clad panel, precast concrete cap, and cultured stone. The Office condos will have the office park name only on the entrance monument. The Dental site will have the Orthodontist name and other tenant names. Office Condos • The office condos have proposed a similar sign for the individual identification signs for each building, but the sign face is a copper panel rather than limestone. Freeway Signage Office Condos • A 27 foot high pylon sign is proposed for the office condo site (with a sign face just under 100 square feet). The sign is very similar to the dental second monument; however red letters will not be used. The pylon sign will have black letters with a white background; staff suggests a similar design should be applied to the dental monument and similar letter type for consistency. i Dental Site • A second monument sign is proposed for the dental site. The monument is proposed to replace the previous request for a pylon sign along the freeway. The sign will be an aluminum cabinet that will be painted dark tan to match the building colors. The letters will have translucent red vinyl applied to the second surface for red illumination at night. The base of the sign appears to be brick or stone. Building Office Condos • Building wall signage is not proposed for the office condos. Dental Site • Building signage is proposed on the east and west elevation. The east elevation is proposed to have a phone number and Orthodontist name. • Wall signage is limited to 20 percent of the wall area. • The signage is proposed to be red lighted channel letters. • The west elevation signage for a future tenant, was not identified and should be as part of the Final Planned Development. • The location of the building signage is not consistent with, the City Code requirements; signage above the outside wall is not permitted. Summary Overall the building materials and freestanding signage appear compatible and complimentary of each other; however, the building signage on the dental building does not appear compatible or complimentary. Typically, signage within a Planned Development is uniform and materials match those used on the building(s). The proposed building signage is not uniform with the office condos and is not consistent with City Code requirements. Agenda Information Memo June 1, 2004, Eagan City Council Meeting C. REZONING - ROBERT MCDONALD ACTIONS TO BE CONSIDERED: To continue consideration of this item to June 15, 2004. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • At the May 4, 2004 City Council meeting the applicant requested to continue this item until the June 1, 2004 meeting. • No development is proposed at this time. • The property is surrounded with single family detached uses. • The property to the east is currently requesting a rezoning from Agriculture to R-2, Residential Double. • The Advisory Planning Commission held a public hearing on April 27, 2004 and is recommending approval. 60 DAY AGENCY ACTION DEADLINE • July 14, 2004, City extended the deadline based on the continuance request ATTACHMENTS (1): Letter requesting continuance on page. 42 a Page 1 of 1 Sheila Cartney From: Bob McDonald [bob@mcdonaldconstruction.com] Sent: Friday, May 28, 2004 9:40 AM To: Sheila Cartney Subject: CITY COUNCIL MEETING JUNE 1,2004 MAY 28,2004 SHELIA CARTNEY 3830 PILOT KNOB ROAD EAGAN, MINN RE: REZONING DEAR SHELIA CARTNEY: I WOULD LIKE TO CONTINUE MY REZONING APPLICATION CURRENTLY SCHEDULED FOR THE CITY COUNCIL MEETING ON JUNE 1,2004 TO THE NEXT MEETING ON JUNE 15,2004. SINCERELY, ROBERT F. MCDONALD 05/28/2004 Agenda Information Memo June 1, 2004 Eagan City Council Meeting D. EASEMENT ACQUISITION AND ASSESSMENT AGREEMENT - CEDARVALE BUSINESS CENTER ACTION TO BE CONSIDERED: To approve an Easement Acquisition & Assessment Agreement between the City of Eagan and the Cedarvale Business Center for property located at 3902 - 3938 Cedar Grove Parkway. REQUIRED VOTE FOR APPROVAL: ➢ Majority of Quorum FACTS: ➢ The applicant's representative and City staff have been negotiating the easement acquisition and assessment agreement regarding the trail construction and parking lot modification associated with phase two of the Cedar Grove Parkway improvements. ➢ City staff believes an equitable agreement has been reached. The City Attorney believes the agreement will be executed prior to the June 1, 2004 City Council meeting. ISSUES: None ATTACHMENTS: None ➢ Executed agreement will be distributed on Tuesday, June 1, 2004. 1-30 i Agenda Information Memo June 1, 2004 Eagan City Council Meeting E. FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - CEDARVALE BUSINESS CENTER ACTION TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial for a Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for property located at 3902 - 3938 Cedar Grove Parkway. FACTS: ➢ At its regular meeting of March 1, 2004, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Conditional Use Permit and setback Variance requested by Realty Designs, Inc. to be considered at the March 16, 2004 regular Council meeting. ➢ The item has been continued numerous times at the applicant's request in order to allow the applicant to meet with City staff to see if a solution that meets everyone's needs could be worked out. Negotiations have been on-going. ➢ The CUP and Variance request was heard by the Advisory Planning Commission on November 25, 2003. ISSUES: ➢ The Cedarvale Business Center currently has an alternate CUP application pending (June 22, 2004 APC) for a pylon sign w/out a setback Variance. A decision on the current CUP and setback Variance will be necessary before the pending application can be heard by the City Council. ATTACHMENTS: (1) Findings of Fact, Conclusions & Resolution of Denial, page /1,30,_ through 16. 121 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Realty Designs, Inc. FINDINGS OF FACT, for a Conditional Use Permit and Variance to CONCLUSIONS AND Erect a Pylon Sign at the Cedarvale Business RESOLUTION Center This matter came before the Eagan City Council at its meetings of December 1 and 18, 2003, January 6, 2004 and March 1, 2004. The Council received and considered the November 14, 2003, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on November 25, 2003; together with all existing files, records and prior proceedings and material as presented to the Council. Representatives of the landowner appeared at the public hearing held by the Advisory Planning Commission or at the meetings of the City Council. Based upon all the files, records and input which were presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The application by Realty Designs, Inc. (the "Applicant") for a Conditional Use Permit to erect a pylon sign at 3902 - 3938 Cedar Grove Parkway (the "Property") and a Variance of ten feet to the minimum required ten-foot setback for a pylon sign (the "Project") is properly brought before the Eagan City Council. 2. The property is legally described as being a part of Lot 1, Block 1, Stryker Addition, and over, across and upon Lot 1, abutting Cedar Grove Parkway, is a ten foot drainage and utility easement dedicated to the public on the plat of Stryker Addition (the "Easement"). 3. The Property is owned by Cedarvale Business Center and is designated SA, Special Area within the City's Comprehensive Guide Plan Land Use and is zoned CSC, Community Shopping Center. 4. The Property is developed with a mixed use, there are commercial uses on the ground level and apartments above. There exists a parking lot in front of the building along Cedar Grove Parkway, that is owned by Cedarvale Business Center, while'an additional parking area to the rear of the building is owned by Cedarvale Highlands Apartments. 5. There currently exists a monument sign in front of the building, that is located in the public right of way for Cedar Grove Parkway. The monument sign is approximately in the middle of the lot between the east and west property lines for the Property. 6. A portion of the parking lot located along Cedar Grove Parkway extends into the dedicated Easements. 7. The Applicant's project includes the removal of the existing monument sign and the placement of a pylon sign near the same location. 8. Applicant's proposed sign would be located within the Easement. 9. The Applicant intends to provide a sign panel for each of the tenants located within the business center. 10. Section 11.70, subd. 28(3)(a) defines a business sign as any sign upon which there is any name or designation that has as its purpose business identification. 11. Section 11.0, subd. 28(c)(3) provides: "no business sign shall be located nearer than ten feet from any property or dividing line. 12. Applicant's proposed sign does not satisfy the minimum ten foot setback and therefore, a variance has been requested. /3--3 13. Section 11.40, subd. 8 prohibits the location of any structure in or on any public lands or right of way without approval by the City Council. 14. Section 11.30 of the City Code defines a public right of way as: "the entire area dedicated to public use or contained in an easement or other conveyance or grant to the state, county or city..." 15. Section 11.50 of the City Code provides the evaluation criteria for the issuance of a conditional use permit, and includes that such permit shall issue only if the council finds that the use at the location will be harmonious with the objectives of the comprehensive plan and code provisions. 16. Section 11.50, subd. 3, of the. City Code sets forth the requirements for the Council to consider in the review of an application for a variance. 17. The Advisory Planning Commission recommended approval of the conditional use permit and variance, subject to conditions as found in the Minutes of November 25, 2003. 18. The Advisory Planning Commission's recommendation stated that the drainage and utility easement must be vacated prior to the issuance of the conditional use permit and if such vacation is denied, the sign shall be located outside of the drainage and utility easement area. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. Under Section 11.50, subd. 3, the Council shall consider the following factors in its review of an application for a variance: a. Exceptional or extraordinary circumstances apply to the Property which do not apply generally to other properties in the same vicinity and result from lot size or shape, topography or other circumstances of which the owners of the Property have no control. i b. The literal interpretations of the provisions of this Code would deprive the Applicant proper use, commonly enjoyed by other properties in the same district. C. Special conditions or circumstances do not result from actions of the Applicant. d. The 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. 3. The Applicant's narrative submitted in connection with the variance application states that they are asking to place the sign at the curb line because: "this location is the best for visibility and requires the least amount of modification of the trees on the property, and we already have power to this location to the existing sign." 4. Section 11.50, subd. 3 of the City Code states that the purpose for variances is to relax a strict application of the Code where practical difficulties or particular hardships result in carrying out the letter of the regulations. 5. The Applicant has failed to establish a hardship that would result from the placement of the sign in accordance with City ordinances. 6. Locating the sign on the Applicant's Property in conformance with City ordinances would not result in the removal of any significant vegetation, nor impact existing trees on the Property. 7. Enforcement of the City's regulations would not deprive the applicant of the enjoyment of any right held by other properties in the same district; however, the granting of a variance would confer the Applicant with a special privilege of having a structure in a City easement, a privilege not enjoyed by other owners of property in the same district. 8. The Property retains a viable use in its existing condition with a sign that meets City standards. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's requests for a Conditional Use Permit and Variance is hereby denied. Dated at Eagan, Minnesota this day of , 2004. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk Agenda Information Memo June 1, 2004, Eagan City Council Meeting F. CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS INC. ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for a pylon sign, located at 3902-3938 Cedar Grove Parkway; subject to the conditions in the APC minutes. To approve (OR direct findings of fact for denial) a Variance of ten feet to the sign setback requirement, for property located at 3902-3938 Cedar Grove Parkway; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL ➢ Majority of Quorum FACTS: ➢ Applicant proposes a 20 foot tall, 96 SF pylon sign, 12 SF for the name of the center and 84 SF of individual panels for tenant identification, to replace an existing ground sign. ➢ This item was considered at the City Council's meeting of December 1, 2003. The Council imposed the City's 60 day extension to allow staff to gather information relative to the impact to the parking lot and existing trees by the future addition of a trail along the south side of Cedar Grove Parkway at this location. ➢ The APC added a condition limiting the number of tenant panels to six (6) and the applicant proposed eight (8) panels to the Council on December 1. The number of tenant panels suggested does not affect the proposed sign size (96 SF). ➢ The existing identification sign is located off-site, in the public right-of-way. ➢ The applicant proposes a zero lot line setback from Cedar Grove Parkway. Proposed location requires a Variance and a vacation of a public easement. ➢ Proposed sign meets sign code; size, height, not within 300 feet of another pylon sign. ➢ This item was heard as a public hearing before the Advisory Planning Commission on November 26, 2003, the APC recommended approval with an added condition (number 8). ISSUES: ➢ Engineering staff have reviewed the trail plans and have determined that virtually all of the trees shown in the photos are located in the City's r-o-w and will be lost with the construction of the trail and/or retaining wall. ➢ Staff has raised concerns with the proposed sign design relative to safety for the traveling public and it's compatibility with the surrounding area. ➢ Staff has suggested that in light of the applicant's need for a variance and easement vacation, application of the CGD sign standards should be considered by the APC and City Council. 60 DAY STATUS: ➢ June 20, 2004 (reflects 60-day City extension and multiple applicant extensions) /37 ATTACHMENTS (2): Advisory Planning Commission Minutes age(s) /3~-/ Y Planning Staff Report pages/ hjthrough /3~ City of Eagan Advisory Planning Commission Meeting Minutes November 25, 2003 Page 3 B. CONDITIONAL USE PERMIT & 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 % of Section 19. City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated November 14, 2003. He noted the background and history. Richard Fitzgerald, Property Manager explained that a new sign is needed. He stated the tenant's names could be larger, however all tenant names need to be listed. He explained the proposed location and explained that the sign is needed because of the slope and trees in front of the building. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl asked how long the sign has been in the current location. Mr. Fitzgerald stated he is not sure how long the sign has been there, but he believes it is the original sign. He explained that the new sign would not be in the right-of-way and flower beds would be added to the landscaping around the new sign and in place of the existing sign. Chair Heyl stated the proposed sign location is merited. She questioned why the tenant names are currently covered by the "for lease" sign. She also questioned the ability to read the proposed sign from the roadway. Member Hansen stated a lack of necessity for all tenant names to be on the sign. He stated concern that the traffic would possibly stop to read all the names. Member Gladhill agreed that a new sign is needed, however he stated the sign design is not appropriate or consistent with the area. Member Leeder agreed with Member Gladhill and suggested that the number of tenant names on the sign be limited. Member Steininger stated he is not concerned with the consistency of the sign with the Cedar Grove area. He stated he is not convinced there is a hardship to warrant a Variance. Member Bendt stated he does not feel that the property owner should be penalized for a decision that was made with development in the 1970's. Chair Heyl stated a variance is justified at the proposed location. Member Steininger stated he would vote against the application because of the Variance. 13 9' City of Eagan Advisory Planning Commission Meeting Minutes November 25, 2003 Page 4 Member Steininger moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit for a pylon sign and a Variance to the setback, located at 3902-3938 Cedar Grove Parkway in the NE % of Section 19 subject to the conditions listed in the Staff Report. Member Gladhill stated this proposal would not be approved if it were a new development. He also stated that the proposed should not be approved under Community Shopping Center standards. Chair Heyl suggested an additional condition, limiting the number of tenant names on the sign, changing the sign design. Member Gladhill and Member Steininger recommended that the applicant resubmit the proposal when their concerns are addressed and City Staff has had a chance to review it again. Member Bendt stated the City has a responsibility to support the businesses in Eagan. He explained that the City collects taxes from the businesses; therefore they should allow them to have signs to draw business. Member Leeder agreed with Member Bendt. Member Steininger amended his motion to include an additional condition number 8. Member Bendt agreed with the amended motion. Member Steininger moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit for a pylon sign and a Variance to the setback, located at 3902-3938 Cedar Grove Parkway in the NE % of Section 19 subject to the following conditions as amended: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 90 days of approval. 2. A sign permit shall be obtained from the City prior to installation of the pylon sign. 3. The applicant must petition the City to vacate the drainage and utility easement 4. The drainage and utility easement vacation must be approved prior to issuance of the CUP, and if such vacation is denied, the sign shall be located outside of the drainage and utility easement area. 5. The existing free-standing sign shall be removed prior to installation of the pylon sign. 6. The pylon sign shall be located as shown on the site plan received by the City on October 15, 2003. 7 i City of Eagan Advisory Planning Commission Meeting Minutes November 25, 2003 Page 5 7. A curbed landscaped island shall be provided around the pylon sign within the parking lot. A landscape plan shall be submitted with the sign permit application for staff review and approval and shall be implemented with the installation of the sign. 8. A maximum of six tenants shall be listed on sign. A vote was taken. Aye: Chair Heyl, Steininger, Bendt, and Leeder. Nay: Gladhill and Hansen Motion carried 4-2. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 14, 2003 CASE: 19-CU-16-10-03 19-VA-18-10-03 APPLICANT: Realty Designs, Inc. HEARING DATE: November 25, 2003 PROPERTY OWNER: Cedarvale Business Ctr. APPLICATION DATE: October 15, 2003 REQUEST: Conditional Use Permit & Variance PREPARED BY: Planning staff LOCATION: 3902-3938 Cedar Grove Parkway COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST Realty Designs, Inc. is requesting approval of a Conditional Use Permit to erect a pylon sign, and a Variance of ten feet to the minimum required ten-foot setback for a pylon sign, at the Cedarvale Business Center located at 3902-3938 Cedar Grove Parkway in the NE'/4 of Section 19. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11. 50, Subdivisions 4C and 4D provide the following. Subdivision 4C, Evaluation Criteria, states that the Advisory Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permit 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. I Planning Report - Cedarvale Business Center November 25, 2003 Page 'L C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Advisory Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance: City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. 6 Planning Report - Cedar-vale Business Center November 25, 2003 Page 3 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUNDMISTORY This mixed-use development was approved by the Eagan Town Board in 1973. The buildings consist of commercial uses on the ground level, and apartments above. The commercial and residential portions of the buildings are in separate ownership. The parking lot in front of the building along Cedar Grove Parkway is owned by Cedarvale Business Center, while the parking area to the rear is owned by Cedarvale Highlands Apartments. In 1998, the City initiated the Cedarvale Area Redevelopment Study to evaluate the area's potential to create a viable mixed use area that would utilize the area's innate advantages (highway visibility and accessibility) while maintaining compatible land use relationships with surrounding uses. Following the Study in October 2001, the City formally created the Cedar Grove Redevelopment Tax Increment Financing (TIF) District which was certified by Dakota County in December of 2002. The City approved a public improvement project in 2001 to realign the Silver Bell Road intersection with Beau d'Rue Drive (now Cedar Grove Parkway) and Hwy. 13 and the construction was completed in the summer of 2003. Also in 2003, the City established the CGD, Cedar Grove District, zoning district and rezoned many of the properties in the area to CGD. The Cedarvale Business Center is not part of the Cedar Grove Redevelopment District, nor was it rezoned to CGD. EXISTING CONDITIONS The site is developed with a mixed use, commercial below and residential above, development. There is currently a ground sign located off-site, in the public right-of-way, in the center of the site adjacent to Cedar Grove Parkway and parallel to the street. The site slopes down from the parking lot to the street, with a grade difference of several feet. The property line is slightly curved, while the curb line of the parking lot is not. The ends of the parking lot provide approximately ten feet of setback from the curb to the property line, while there is zero setback at the center of the parking lot. Because of the existing lesser parking setbacks along Cedar Grove Parkway, the drainage and utility easements that run parallel to the property line extend into the parking lot. Planning Report - Cedarvale Business Center November 25, 2003 Page L4 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subj ect property: Existing Use Zoning Land Use Designation North Commercial (offices & CGD, Cedar Grove SA, Special Area Cedarvale mall) District South Residential Apartments R-4, Apartments HD, High Density East Liquor Store CGD, Cedar Grove SA, Special Area District West Residential townhomes PD, Planned SA, Special Area and condominiums Development) Tanned EVALUATION OF REQUEST Compatibility with Surrounding Area - The Cedarvale Business Center is not part of the Cedar Grove TIF district, nor was it rezoned to CGD. The property retains the CSC, Community Shopping Center zoning. However, it is an integral part of the Cedar Grove area and while the property is not subject to the CGD zoning standards, continuity with development/redevelopment of other nearby properties that are within the CGD and T1F district is desired. Sign Code Requirements - The Sign Code defines pylon sign as "a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the zoning chapter and are subject to all conditions, regulations and fees required for conditional uses." Performance Standards - The performance standards for pylon signs in the City's Sign Code are as follows: • No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. • No pylon signs shall project more than 27 feet above the lot level, roadway level, or a specified point between the two levels as determined by the council. The level used shall be based upon visibility factors from the adjacent roadway(s). • No pylon sign shall exceed 125 square feet in area per side. Within the CGD district, freestanding signs are not to exceed 12 feet in height, and the sign must be located within a landscaped area or landscaped island. The sign must have a base constructed of the same materials and colors as the principal building, with a minimum height of three feet and a total sign are not to exceed 45 square feet per side. Proposed Sign - The applicant is proposing to remove the existing monument sign and place a pylon sign near the same location, but perpendicular to the street and property line. The existing monument sign is nonconforming and is located within the public right-of-way. The pylon sign / Y'5- Planning Report - Cedarvale Business Center November 25, 2003 Page-5 would be located within the applicant's property, but would not satisfy the minimum 10-foot setback, therefore a setback Variance is also requested. The pylon sign would result in a net reduction of one parking stall. There are no other pylon signs within 300 feet on the same side of the street. The proposed pylon sign would also be located within the existing public drainage and utility easement. The applicant will need to complete a petition to vacate the easement so that a public hearing on the easement vacation can be scheduled, and the vacation would need to be approved prior to construction of the sign. Evaluation of Proposal - Staff has considerable concerns with this request. The proposed sign meets the Sign Ordinance performance standards in terms of size and height; however, the proposed location requires a setback variance and vacation of a public easement. Conditional Use Permit Evaluation Criteria The proposal does not appear to meet letters A and C of the Conditional Use Permit Evaluation Criteria which are reiterated below: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. The proposed sign provides a fourteen 9" panels for each of the tenants. Staff's concern is that this limited amount of space will not be easily discernible for motorists traveling along Cedar Grove Parkway. The strong likelihood is that motorists will be forced to slow down or even stop in the street in order to make their way through the laundry list of tenants to find the business they are seeking. 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. Staff does not believe the proposed sign will be compatible with the intended character of the general vicinity. Although the subject site is not zoned CGD, it is suggested here that the proposed sign should be consistent with the CGD design standards due to the proximity of the Cedarvale Business Center with the City's redevelopment area. As evaluated against the CGD freestanding sign provisions, the proposed sign has a seven foot high base, a total height of 20 feet, and an area of 96 square feet per side. The materials are proposed to match the building - the applicant's narrative, and the sign plans show, that "the sign will be painted brown to match the building, the brick will also match and the top of the sign is designed to look like the signs that we have over the businesses." With the exception of matching the principal building materials, the proposed sign is not consistent with the parameters in the CGD district for free-standing signage in terms of the base height, the total height and the sign area. i Planning Report - Cedarvale Business Center November 25, 2003 Page (o Also, the proposed sign providing multiple tenant identifying panels will appear "cluttered" in addition to not being easily readable to passing drivers, as mentioned previously. Staff suggested that the applicant consider a sign design maximizing only the shopping center name. Under this scenario, the sign would be more readable and the tenants and landlord can identify the building as a destination rather than having customers try to distinguish one of many tenant names on one sign. Staff has discussed this concern and possible solution with the applicant and the applicant disagrees. Landscaping - The applicant's narrative indicates that two existing trees will be removed on either side of the proposed sign. The applicant notes that the trees are dying. The bed where the existing monument sign is located will be landscaped with flowers, and low-lying shrubs would be added bordering the parking lot. A curbed landscaped island should be installed around the base of the sign to protect both the sign and vehicles in the parking lot. Applicant's Narrative - The applicant submitted several photos with narratives attached explaining the placement of the sign and the variance request. The proposed location "is the best for visibility and requires the least amount of modification of the trees on the property Recently, the City's improved the street in front of the property and in so doing, a directional sign for the license bureau was removed. "The license bureau relies upon signage to direct people to their location" and the applicant states that a number of other tenants have also inquired about signage for their businesses. Additionally, the applicant believes that "this sign and its location will go very well with the look that the city is looking for redevelopment of the Cedar Grove area." SUMMARY/CONCLUSION Realty Designs, Inc. is requesting approval of a Conditional Use Permit to erect a pylon sign, and a Variance of ten feet to the minimum required ten-foot setback for a pylon sign, at the Cedarvale Business Center located at 3902-3938 Cedar Grove Parkway. The proposed sign satisfies Sign Code standards for height, size, and distance from other pylon signs. However, a setback Variance is requested, and the proposed location places the sign within an easement, which will need to be vacated before the sign can be constructed. Staff has raised concerns relative to the Conditional Use Permit Evaluation Criteria, the proposed sign design deviation from the CGD design standards, and safety issues associated with the "readability" of the proposed sign and the number and size of tenant identification panels provided. The proposed pylon sign exceeds the size and height limitations established for free-standing signs in the CGD district. While the property is not subject to the CGD zoning standards, continuity with development/redevelopment of other nearby properties that are within the CGD and TIF district is desired. Planning Report - Cedarvale Business Center November 25, 2003 Page 7 The suitability of the proposed sign and it's consistency with the Conditional Use Permit Evaluation Criteria is a policy decision for the Advisory Planning Commission and the City Council. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit, with a Variance of ten feet to the minimum required ten-foot setback, to erect a pylon sign at the Cedarvale Business Center located at 3902-3938 Cedar Grove Parkway in the NE'/4 of Section 19. If approved, the following conditions shall apply: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 90 days of approval. 2. A sign permit shall be obtained from the City prior to installation of the pylon sign. 3. The applicant must petition the City to vacate the drainage and utility easement. 4. The drainage and utility easement vacation must be approved prior to issuance of the CUP, and if such vacation is denied, the sign shall be located outside of the drainage and utility easement area. 5. The existing free-standing sign shall be removed prior to installation of the pylon sign. 6. The pylon sign shall be located as shown on the site plan received by the City on October 15, 2003. 7. A curbed, landscaped island shall be provided around the pylon sign within the parking lot. A landscape plan shall be submitted with the sign permit application for staff review and approval and shall be implemented with the installation of the sign. i CONDITIONAL USE PERMIT REQUEST Cedarvale Business Center 3902 -3938 Cedar Grove Parkway We are applying for a conditional use permit for the installation of a pylon sign. We would like to replace the monument sign on our property with a lighted pylon sign. We are proposing to install the sign in the center of the parking lot in the east to west direction and along the curb line toward the north of the parking lot. This will only take one of our parking spaces. We are asking to put the sign at the curb line because this location is the best for visibility and requires the least amount of modification of the trees on the property, and we already have power to this location to the existing sign. This does however put the sign very close to the property line and inside a drainage and utility easement. The City of Eagan has told me that they do not have any utilities within this easement; I hope that a search will show that there are no private utilities in this easement either. I do not believe that the location will interfere with any future location of easement; since the easement is covered by our parking lot. The current use of the property is a community shopping center with apartments above, and the surrounding property is mostly commercial and apartments. The area around us is slated for redevelopment and I believe there will be a similar mixture of property usages there as well. Our complex holds a number of businesses including a license bureau. Recently the city of Eagan has undertaken the redevelopment of this area. At some point during this process the sign that the license bureau had on what is now Cedar Grove Parkway (formerly Beau D' Rue Drive) for many years was removed at the request of the city. The license bureau relies upon signage to direct people to their location. A number of our other tenants have also inquired about a signage for businesses as well. We would like to install the sign in the spring of 2004. We will first remove the existing sign and the two trees that are dying, one on either side of the existing sign. We will then install the new pylon sign and later in the spring add a flower bed in the rock bed where the existing monument sign is, and add low lying shrubs bordering the parking lot. The sign will be painted brown to match the building, the brick will also match and the top of the sign is designed to look like the signs that we have over the businesses. I feel this sign and its location will go very well with the look that the city is looking for with the redevelopment of the Cedar Grove area. VARIANCE REQUEST Cedarvale Business Center 3902 -3938 Cedar Grove Parkway We are applying for a variance for the installation of a pylon sign. We would like to replace the monument sign on our property with a lighted pylon sign. Our complex holds a number of businesses including a license bureau. Recently the city of Eagan has undertaken the redevelopment of this area. At some point during this process the sign that the license bureau had on what is now Cedar Grove Parkway (formerly Beau D' Rue Drive) for many years was removed at the request of the city. The license bureau relies upon signage to direct people to their location. A number of our other tenants have also inquired about a signage for businesses as well. We are proposing to install the sign in the center of the parking lot in the east to west direction and along the curb line toward the north of the parking lot. This will only take one of our parking spaces. We are asking to put the sign at the curb line because this location is the best for visibility and requires the least amount of modification of the trees on the property, and we already have power to this location to the existing sign. This does however put the sign very close to the property line and inside a drainage and utility easement. The City of Eagan has told me that they do not have any utilities within this easement; I hope that a search will show that there are no private utilities in this easement either. I do not believe that the location will interfere with any future location of easement; since the easement is covered by our parking lot. The current use of the property is a community shopping center with apartments above, and the surrounding property is mostly commercial and apartments. The area around us is slated for redevelopment and I believe there will be a similar mixture of property usages there as well. We would like to install the sign in the spring of 2004. We will first remove the existing sign and the two trees that are dying, one on either side of the existing sign. We will then install the new pylon sign and later in the spring add a flower bed in the rock bed where the existing monument sign is, and add low lying shrubs bordering the parking lot. ~D i FINANCIAL OBLIGATION-I9-CU-16-10-03, Part of Lot 1, Blockl, Stryker Addition, 3902-3938 Cedar Grove Parkway There are pay-off balances of special assessments totaling $117 on the parcel proposed for the conditional use. At this time, there are pending assessments in the amount of $20,412 on the property for which the conditional use permit is requested. This pending assessment is related to Project 759R the reconstruction of Cedar Grove Parkway. The City staff recommends that approval of the conditional use permit be conditioned on the acceptance of the assessment of for Project 759R Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or conditional use. IMPROVEMENT USE RATE QUANTITY AMOUNT None Total Eagan Boundary Location Map : street Centerline O Parcel Area Building Footprint d 4 . ~ ~J Subject Site m _7' s ,y o N m 95 J `a © ~ `Y1~~ ~s• 1 .~y~ r ~ .1 a~' • , v •r _ a EEI ~ • 9 "yam ~ `e:.~ ~ ~ 7 a ~ as..'1+~ X34 ~ ~ ~ •'J r7 I. L~A r 1000 0 1000 2000 Feet Development/Developer. Cedarvale Business Center Application: Conditional Use Permit and Variance Case No.: 19-CU-16-10-03 and 19-VA-18-10-03 S p Prepared using ERSI AreView 3.1. Parcel base nep data provided N jdbhl by Dakota County Office of GIs and is cunent as of June 2003. 011111111110, W E Cit of as till THIS MAP IS INTENDED FOR REFERENCE USE ONLY V The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Dwdepmant Department not responsible for errors or omissions. 10,_c CEDARVALE BUSINESS CENTER CA INET tPiA1NTF0 Spbwg io MATCH V bWLC f CrDAfZVALF 8Lr5r\l 5 ce`m EQ IS L o i N GRIFEN -co Mpmr-H Q h e 0ST1,06 6(04s O1~! O O O N 01=El; BRICK Yu NAAir H ~~ci..pltJG. ~U~~ UI~CJ ~U~' -r a eJC~ o o.' ° of I o of O I D CJ I o o I o ~ I ~ G < O co _ °c:sl I W U. O II Pof 21 \\//ide ~lole r IV YV a......c~ m,~,~la„ ( N0111GOV 133MAH s L x3ols ' L jai ) aan-u.nLP.ra rci:s mv'a•ma waav Pa:a ".aa .(a,amC P-- ?I:,I.LAIaJ SSaNIS[I$ HzdnxVaaZ) a p.w~ •Q aoFeM :joj RenJns uoljEool pue Anpunog :dg pazvadaza s $ a g apt; a 9 ; b - 3 Jill 'S 3~ V Ilk of<~]3 4 b WWI 319bi F . 340'42' SOE.« 213.00 q`j`1~ 91'y~ I •y x W~ i ] e o ]7[ x In ~i ~ 11 j ,h ti J \ 3 M4 4 4 AV 1 i, H I ~ L - t 1 t e a~ J $ a «I Fyn 5 ` 'Y IP ~ 35 i r $ 1' e I W g .'a - w W E 3.0g£~£s < x A m/ 1 1 a••-. nx.a '~;yk~3 / N - N \ 41 s W o nl , 43 1 ' _o i 'J I 10502 ~M.0o.tz.££'N-K j - +.y +..o.a aat Sr°.n 1 -as- /a bra. ~ayL'•ry ^.+qra ~ a e1. ~ ~ 1.~ 1 tr -r b 'H Uz. ij- C I~ Picture of the entrance on the west end of the parking 10t. This picture shows how the sign if located in the island on the far west of the parking lot would not be seen by vehicles approaching from the west. This also shows the two trees that are dying and that would be removed to accommodate the new sign. It is easy to see how the central location of the sign would have more visible from this direction. If the sign were located on the island at the east end of the lot that it would not be seen by traffic approaching from this direction until it was to late to make a turn into the driveway. J/ 1s ar it - - i r = Wei r~'L' ~ 2n- Picture of west entrance and island. This picture shows the island on the western end of the parking lot; one of the location that would allow us to install the sign without encroaching on the drainage and utility easement. This location will not work because traffic coming from the west would not be able to see the sign except for maybe a brief second as they passed it or in their rear view mirror after they have passed it. This picture also shows the approximate location of the License Bureau's sign that they were forces to remove, the sign was located between the stop sign and the light pole on the left-hand side of the picture. 15"6 ~.a ~ ..k•y "tea--~ Y This l P turel~so ss ws the Picture ofthe center oftbe ar leaves, it ows the elodyercati°n lot. hard to of the mOn►unent sign see but g free that As amber there are s (the dYing trees are we want to re You can see that we many branches are the tw that place With a Pylon directions, and from this Picture and be retno g along eve no leaves e and have the yeuow sign, The dr we are and th With and Within ainage and utility e asking that the es' °thersI the visib h the existing sign these branches orange this easeru~ tY rnent. I ' located at this when w covered by our Aar have checked a ve beengn_ king ot.do not fore any fv th the C t the at catio y of-Sag, ljvh'chputshe best j~r m bothew si titre u the sign inside the tilities being and they do not have ~ in this area any utilities since it's currently A- ng a o~~aa~ray3y?~h~~sy3~, Acc T } 4~`~eya 1 x 11. . ~:"rys''R` F 'r;g~ '`A~*i` 'g`ir`t" x&s~ iu„"''7~` t c',,, s~''i~. :+fy s-~' ~ .~~w. aG. `"yx~.+-J AJ-a~-•rs••t.2~.~~ "cc. c ~'°s ~.•sk'; s'~t .i lwi Y;• J act y s x~•RS~,'~'.i.. C"c. a ...F+~FF'~j 9++, sf' ,uv n~'. Y, "'.-c...s...`-:.". ~'+~+.i•4'...~..w~.q~' P... ~'ywrl':"~Y1 {..5.'~ Y K i ' i 2a...~.+x1...K-. - Lu~ 4r~.. Picture of existing monument sign. This picture of the existing sign shows how much a new sign is needed. The current sign is not very pleasing to the eye; but the location is good. We are proposing that we locate the new pylon sign directly behind the existing sign, and are asking to place the sign near the curb line. This locates the sign inside ache ose utility and drainage easement but it keep the sign inside our parking loot, we only and it'one traffic parking as and if it is kept close to the curb we can minimize the impact on our asking flow well as maximize the visibility of the sign. In addition to the removal of the existing sign and installation of the new one we will be adding some .weR landscaping to the site. I feel the using the existing e would enhance then ok of the flenterras well as keep adding some well spaced shrubs along the curl the sign line of the sign open. l ~r ask 4r _ - II 'f. it aw~ Picture of the east entrance to the parking lot. This picture shows the entrance at the east end of the parking lot. As you can see from this picture a driver coming from the west would be past the second driveway before they could see the full sign if it were to be located in the island at this end of the parking lot. You can also see the proposed location of the Pylon sign, the dying trees and the existing monument sign. This picture also shows that the new location of the sign needs to be near the curb line of the parking lot. With the removal of the two trees the sight line is very good and only one branch of the large shade trees will need to be trimmed to allow for even better visibility. If the sign has to be pushed back ten feet from the edge of the parking lot to accommodate the set back requirements and to stay outside of the drainage and utility easement then the visibility would not be good from either direction. 1~ Picture of the east end of the parking lot. This picture is taken from the corner opposite our building at the intersection of Cedar Grove Parkway and Rahn Road, you can see the island on the east end of the parking lot, the existing sign, the dying trees and the proposed location of the new sign. As you can see locating the sign in the island at this end of the parking lot creates a couple of problems with visibility. The first problem it that the bottom portion of the sign will be hidden by the tree on the near side of the driveway. The second problem is that the large trees along Cedar Grove Parkway hide the sign from the view of any vehicles approaching from the west. If however the sign is placed in the center of the parking lot and at the edge of the parking lot the visibility is very good. You can also see that if the sign were located in the island on the other end of the parking lot the sign would not be seen until it was to late to make the turn in. 60 Agenda Information Memo June 1, 2004 OLD BUSINESS G. WESCOTT WOODLANDS "NO PARKING" PETITION ACTION TO BE CONSIDERED: 1) Approve the request to install "No Parking" signs on the cul-de-sac at the south end of Wescott Woodlands and order the installation of the signs; OR 2) Deny the request. FACTS: • On April 24, 2004, City staff received a petition from Carol Hesse, 3536 Wescott Woodlands, and 6 other signers, (including residents representing 5 properties) requesting the installation of "No Parking" signs on Wescott Woodlands, at the south cul-de-sac. • The reason for the request is to discourage the following activities: dumping of trash in the public right-of-way, obstruction of mail boxes by parked vehicles, illegal business transactions and conflicts between pedestrians and vehicular traffic. • 4 of the 4 property owners nearest to the cul-de-sac with access to Wescott Woodlands have signed the petition requesting the signs, as indicated on the attached exhibit. The postal carrier has also signed the petition. • The cul-de-sac bulb is surrounded by the Carriage Hills Golf Course to the west, single-family residential property to the east and a combined trailway/private driveway to the south. • Letters have been sent to all potentially affected and/or interested parties, namely adjacent property owners, notifying them of the Council's consideration of this request. • This request has been reviewed by Engineering and Police and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page • Petition Request, pages and 161 Q Yankee Doodle Rd. 3450 co Carriage Hills ca Golf Course o 0 0 U d) Wild Rose Ct. 0 3536 3544 Carriage Hills 3544 Golf Course 3590 Petition Signers ~s - - - Proposed No-Parking y~f Area G:RussMatthys\BruceA\W_WOODLANDS_NO_PARK Wescott Woodlands No Parking Petition April 29, 2004 City of Eagan 1 FOR CITY USE ONL DATE RECEIVED Y DATE PRESENTED ~ _ city of eagan TO COUNCIL APPROVED ❑ DENIED ❑ PETITION NO PARKING SIGNS I/We, the undersigned hereby petition the City Council of the City of Eagan to install No Parking Sign on C &,I d e SL c. Ox wesQ- r, -r LL)., a c A.N No-5 /We, request this installation for the following reasons: s c Qa c~ 1. . 2. 3. 4. I/We, request that the City Council take this petition request under consideration at its earliest opportunity. NAME (Please print and Initial) ADDRESS 1. it O X353 G LC- es c o r y- L& as / Q d 2. , l 1 e n/ r1 1• ~ 1 eSS TT 353 6 ~ea c o 7 r ed o~ ~a d„~ 3. -351j-1 35-5/4 -C&~I- &)aoL6LP- -s: Zt~ IK4 7.i~ 8. act t ~ ~ fJi f L 1 ~ X11 10r . b--j 4 f, April 22, 2004 On April 21, 2004 we were asked by our Postal delivery man to contact the City of Eagan or whomever, to have something done about the number of vehicles parked in the cul de sac on Wescott Woodlands. He was unable on that particular day (apparently not the first time) to get to our four mailboxes to deliver the mail and, in fact, had to do another part of his mail route and come back to attempt to deliver our mail. We, the neighbors, have on occasion be unable to retrieve our mail while driving buy due to the fact that vehicles are parked too close on either side of the mailboxes. The cul de sac is being used as a "rest stop", parking area and picnic area for an inordinate amount of vehicles during the day time. Vehicles have been documented parked there for up to 2 '/z hours at a time with "regulars" (school buses in particular and worker/construction crews) parked there daily for varying times. There is also the continuing problem of disposing of the trash many of these people throw out on to the cul de sac which is left to the neighbors to dispose of off the street and from our yards. Within the past two weeks there has been activity mid-morning (11:30 a.m.) involving a prostitute and a john. There was an incident last September in which the police were called to break up a sexual liaison at 3:50 p.m. which took place while people were walking buy, children were riding bikes and golfers coming and going from the golf course - all within easy view. It is not uncommon to see "parked" vehicles during the late evening hours?? It is also somewhat a traffic issue. As the golf season begins once again and there being more and more children and families walking and on bikes it makes it more difficult to have to "weave" around parked vehicles to get to and from our homes and the golf course not wanting to hit anyone. /6 Agenda Information Memo June 1, 2004, Eagan City Council Meeting VIII. NEW BUSINESS A. INTERIM USE PERMIT - RESOURCE ENVIRONMENTAL SERVICES ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) an Interim Use Permit to allow continuation of a compost site on Outlots G and H Gopher Eagan Industrial Park 2"d Addition located at 805 Yankee Doodle Road.; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The IUP expired in June 2000. The renewal is only for Outlot G, H, and no longer includes Outlot I. • An irrigation system has been installed to control dust. • The request was for a five year permit, the APC is in favor of a five year term, the staff report reflects a three year term to be consistent with past NPs. • The Advisory Planning Commission held a public hearing on May 25, 2004, and is recommending approval; subject to the conditions in the APC minutes. 60 DAY AGENCY ACTION DEADLINE • July 4, 2004, a waiver has not been signed ATTACHMENTS (2): Advisory Planning Commission Minutes pa es through Planning Staff Report on page4/,Vthrougl}~ City of Eagan Advisory Planning Commission Meeting Minutes May 25, 2004 Page 7 B. INTERIM USE PERMIT- RESOURCE ENVIRONMENTAL SERVICES An Interim Use Permit to allow continuation of a compost site on Outlots G & H Gopher Eagan Industrial Park 2nd and L 1, Block 1, Gopher Eagan Industrial Park 3rd, located at 805 Yankee Doodle Road in the SW'/4 of Section 12. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated May 18, 2004. She noted the background and history. John Tapper, Gopher Resources discussed changes to the compost site. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Mr. Tapper stated preference of a five year permit. Member Bendt stated the compost is a necessary service to the community Member Leeder agreed with Member Bendt and stated the changes are positive. Member Leeder moved, Member Bendt seconded a motion to recommend approval of an Interim Use Permit to continue operating a yard waste and compost facility on Outlot G and H, Gopher Eagan Industrial Park 2nd Addition, located Northeast of Yankee Doodle and Elrene Roads in the SW '/4 of Section 12an Interim Use Permit to allow continuation of a compost site on Outlots G & H Gopher Eagan Industrial Park 2nd and L 1, Block 1, Gopher Eagan Industrial Park 3rd, located at 805 Yankee Doodle Road in the SW '/4 of Section 12 subject to the following conditions as amended: 1. The permit shall expire June 1, 2009. 2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. All voted in favor. Motion carried 7-0 /V/6 PLANNING REPORT CITY OF EAGAN REPORT DATE: CASE: 12-IN-02-04-04 APPLICANT: John Tapper HEARING DATE: May 25, 2004 PROPERTY OWNER: Same APPLICATION DATE: May 5, 2004 REQUEST: Interim Use Permit PREPARED BY: Sheila Cartney LOCATION: 805 Yankee Doodle Road COMPREHENSIVE PLAN: IND, Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of an Interim Use Permit to continue to operate a yard waste compost facility located north of Yankee Doodle Road at Elrene Road in the SW 1/4 of Section 12. The existing facility is located on Outlots G, and H, Gopher Egan Industrial Park 2°d Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if: 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and Planning Report - Gopher IUP May 25, 2004 Page 2 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. 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: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY i Planning Report - Gopher RT May 25, 2004 Page 3 In June 1992, the Eagan City Council approved an Interim Use Permit to allow a County compost and yard waste facility on Outlot I, Gopher Eagan Industrial Park 2°d Addition. A five year term was established for the interim use permit and it expired June of 1997. In May of 1997, the City approved expansion of the facility onto Outlot H and issued an Interim Use Permit for both Outlots H and I for a period of three years, to expire June of 2000. In April 1999, the City approved an Interim Use Permit to expand the facility to include Outlot G. Both interim uses expired in June 2000. EXISTING CONDITIONS The existing facility takes access from Yankee Doodle Road opposite Elrene Road. The topography is such that the compost area is below the grade of Yankee Doodle Road. Natural vegetation and trees buffer the compost area to the north and west. However, the site is open to the south. After renewing the Interim Use Permit in 1997, landscaping was installed along Yankee Doodle Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Gopher Resources/ I-1, Limited IND, Industrial/Park City ark Industrial/Park South Townhomes/West R-3, Residential MD, Medium Publishing Townhome/PD, Density/Industrial Planned Development East Gopher Smelting & PD, Planned IND, Industrial Refining Develo ment West City Park Park Park EVALUATION OF REQUEST Compatibility with Surrounding Area - The site is located within an industrial district. The property to the north is underdeveloped and was acquired by the City for Thresher Fields. The City also owns Outlot I and had a lease agreement with the property owner to operate on the City lot. This proposal does not include Outlot 1. Operations - The composting operation potentially can produce odors and noise which may become a nuisance. Operations are conducted to minimize the off-site impact of these potential nuisances. Odors are controlled through proper maintenance of the compost materials to prevent the establishment of odor producing bacteria. Noise is produced by the intermittent use of equipment to prepare and maintain the compost materials and has not been a problem in the past ~6q . Planning Report - Gopher IUP May 25, 2004 Page 4 and Staff is not aware of any complaints since the last IUP was approved. Dakota County conducts regular inspections of the facility pursuant to the County's solid waste facility license. Site Plan - The existing composting area is located on Outlots G and H. The area to be used for compost is below the grade of Yankee Doodle Road, and is set back approximately 50 feet from the property line. The compost area will be surfaced with four to six inches of crushed rock. An irrigation system is proposed to be installed for dust control. Other than omitting Outlot I and installing an irrigation system the proposal is the same as in the past. Landscaping - The site was landscaped along Yankee Doodle Road after renewal of the Interim Use Permit in 1997. The area between the containers and Yankee Doodle Road are wooded and therefore, no additional landscaping is necessary. Access/Street Design - Access to the site will be taken through an existing access road to the present compost site. The access road directly aligns with Elrene Road at Yankee Doodle Road. Access and unauthorized dumping are regulated by a gate, which is locked when the facility is closed. The 1992 permit required the access to be paved to the gatehouse. Although the access road is not paved completely to the gatehouse, the pavement extends 200 feet into the property and appears to be sufficient to serve this interim use. SUMMARY/CONCLUSION The request is to continue to operate a yard waste and compost facility. Outlot I will no longer be included with the compost operation and an irrigation system is proposed to be installed, other than that the operation will continue as approved in the past. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to continue operating a yard waste and compost facility on Outlot G and H, Gopher Eagan Industrial Park 2nd Addition, located Northeast of Yankee Doodle and Elrene Roads in the SW '/4 of Section 12. If approved the following conditions shall apply: 1. The permit shall expire June 1, 2007. 2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. HPUR M C 0 R P 0 R A T! 0 N RESOURCE ENVIRONMENTAL SERVICES: Is a newly formed entity of Gopher Resource Corporation. Our goal is to bring back to Eagan the community focused compost site of years past. Our business will handle yard waste and process wood waste at 805 Yankee Doodle Road, in Eagan, Minnesota. We accept leaves, grass clippings, brush, logs, and stumps and most anything that. grows naturally in your yard. In'addition to accepting yard waste, we also provide natural resources such as mulches and decorative rock. Resource Environmental Services is dedicated to Community and Customer Service. Our mission is to provide the community with an environmentally conscious recycling resource. As part of our commitment to the community and the longevity of our company, we have implemented uniform consistent pricing and site improvements in. the form of an esthetically pleasing entrance with a new redwood sign,Jron gates, a security system and a paver patio in front of the office. Future enhancements include: tasteful plantings at the entrance as well as plantings down in the site, and a sprinkler system to reduce dirt and dust. We are licensed/-permitted by the MPCA and Dakota'County. RES employs five people. The hours of operation. ..are: Monday - Friday 7:00 am to 6:30 pm Saturday 9:00 am to 4:00 pm Sunday 11:00 am to 4:00 pm Resource Environmental is requesting a five year extension to its existing Interim Use Permit. aqRc; SniirH HWY. 149 • EAGAN, MINNESOTA 55121 • 651.454.3310. FAX 651.454.7926 . 800.354.7451 Eagan Boundary Location Map i Street Centerline Parcel Area e Building Footprint d _ ~ a R. ® m 1-1 DR - I Q ® G ~ i`~~ P e { 0 1 It DR, I _ ; ~ 'a f 6+ ~o g t Subject Site I ~ v ~ ~ o E~ o s~ en, ' -I v O ® g 13 ~ s a ~ ~o sdo W ~ 10 ~O MAO) 1000 0 1000 2000 Feet Development/Developer: Gopher Resource Application: Interim Use Permit Case No.: 12-IN-02-04-04 - . ' Q2~~b p P repared using ERSI ArcView 3.1. Parcel base map data provided N y Dakota County Office of GIS and is current as of January 2004. MAP IS INTENDED FOR REFERENCE USE ONLY W H city of eagan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are CommuNty Devdopmant Departnnnt not responsible for errors or omissions. S - Current Zoning and Comprehensive Guide Plan Gopher Resource Land Use Map Case No. 12-IN-02-04-04 Zoning Map P 1 a AG PD f s 0 Current Zoning: P PD PD PD Planned Development Bj ® ED %C%< PF PD G00 o GDO 7300 hat aaaiiiiiiiii Comprehensive Guide Plan P Land Use Map A P IND x =4 0 11 Current Land Use Designation: IND zs t'~ IND po Industrial ~O ® QP IND IND Goo a Goo 1300 Foal 2 P N bece m.p informetion provide-y Dakota County Land Swey Department June 2003. N J Zoning information maintained byCity Ste(! City of Eagan 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 4 P E~ X ~a Kn y ogg~a ~ ( a- c ' h a a r mo alrci 3pZpb LI O E L) wo r< zwavJla a c .k x w z L) z xr(1 z 2ZC w U 3v ~v m F->CUW " 4~... IL1 O v fill ,fyl r ~'t'• .r , ' k~rir'I'I'Y' '1i1 u'I~I it li, 7 7 _'SJ(f z t I I ii. ii li'r it Knir u-Ti-t J- \ I} I J t 4 1 ~D+ I r I i, J1 tr,7„I,~ t t' 4 ti.... 1 , I I 1, , I I (_I I I 1 1 1 1 l \S 1 Ir' 'I'I I'®® 1 1~1L'~ I Ir, l t - 1 [ ; c l t % < ,t I{ ' (1'1'1'1 I II 11 j'ILI ~~I ''L 1 t; S ( 0 O j j~ l 4 I i r" 11 11 Lij- ~At l ;1•, yLJ~I'11"II Lr~',W r, t r r r E 1 Y. t'I~~~Ie[I 111 ( \ p ~ 11 1 M yyyyy1p.... ~I-- 1 t °°°1111 ~aQO ~j / "Lt~t Q W JQF- , s r ; M a • QQJ ~ , ~ f ~ f ~ LJ I pp FFrill 11 Q DAN ' m~ ~ F Tom.} 1 , - o O F °t i !r ' 60rf t} 4 } Agenda Information Memo June 1, 2004, Eagan City Council Meeting B. INTERIM USE PERMIT - CEDAR GROVE PROPERTIES, LLC ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) an Interim Use Permit to allow for 6,000 square feet of the existing Cedarvale Shopping Center to continue to be used as a special needs program for School District 191, located at 3920-3988 Sibley Memorial Highway (Cedarvale Mall); subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • In 1998, an IUP was approved for a 10,400 square foot classroom, which expires on July 31, 2008. In 1999, an IUP was approved for a 6,000 square foot expansion to the existing school which expired on June 1, 2004. • The current IUP request will result in the entire 16,400 square feet leased by ISD 191 to expire on July 31, 2008. • There are no visual impacts on the exterior of the building or site. • The Advisory Planning Commission held a public hearing on May 25, 2004, and is recommending approval; subject to the conditions in the APC minutes. 60 DAY AGENCY ACTION DEADLINE • June 20, 2004, a waiver has not been signed ATTACHMENTS (2): Advisory Planning Commission Minutes page(s) Planning Staff Report on pages / 73~through/y City of Eagan Advisory Planning Commission Meeting Minutes May 25, 2004 Page 8 C. INTERIM USE PERMIT - CEDAR GROVE PROPERTIES, LLC An Interim Use Permit to allow the continuation of an existing school for Independent School District 191, located at 3920-3988 Sibley Memorial Highway (Cedarvale Shopping Center) in the NE'/, of Section 19. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated May 18, 2004. She noted the background and history. Chair Heyl stated she will be abstaining from this item. Planner Cartney stated the square footage is 6,000 feet and the two uses will expire at the same time. Gerald Akerman stated they are only looking to continue the present usage. Vice Chair Bendt opened the public hearing. There being no public comment, Vice Chair Bendt closed the public hearing and turned the discussion back to the Commission. Member Gladhill moved, Member Hansen seconded a motion to recommend approval of an Interim Use Permit to allow for 6,000 square feet of the existing Cedarvale Shopping Center to continue to be used as a special needs Hansen program for School District 191 located at 3920-3988 Sibley Memorial Highway; subject to the following conditions. 1. The permit shall terminate upon the earlier of redevelopment or July 31, 2008. 2. The Interim Use Permit shall be recorded within 60 days of approval by City Council. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. School operations shall be limited to 8:00am - 3:00pm. 5. All students shall be bussed to and from the site. 6. No school recreational activities shall be allowed on-site outside of the Cedarvale building. All voted in favor. Motion carried 6-0-1. Chair Heyl abstained from voting on this item. /~6 City of Eagan Advisory Planning Commission Meeting Minutes May 25, 2004 Page 9 D. Conditional Use Permit - Cedarvale Business Center A Conditional Use Permit for a pylon sign located at 3902-3938 Cedar Grove Parkway in the NE '/4 of Section 19. This item was continued until the June Advisory Planning Commission meeting. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 12, 2004 CASE: 19-IN-03-04-04 APPLICANT: Cedar Grove Properties, LLC HEARING DATE: May 25, 2004 PROPERTY OWNER: Same APPLICATION DATE: April 21, 2004 REQUEST: Interim Use Permit PREPARED BY: Sheila Cartney LOCATION: 3920-3988 Sibley Memorial Highway COMPREHENSIVE PLAN: Special Area ZONING: CGD, Cedar Grove District SUMMARY OF REQUEST The applicant is requesting approval of an Interim Use Permit to continue the use of a special needs school for children in grades K-6 and to expand the existing program to children in grades 7-12, at the Cedarvale Mall in the NE'/4 of Section 19. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if: 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. Planning Report - Cedarvale School May 25, 2004 Page 2 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: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The Cedarvale shopping Center was the City's first community shopping center. Cedarvale provided a significant retail component in the pre-interstate era of Eagan. Access was provided via Cedar Avenue, Highway 13, and local streets. Construction of Cedar Avenue freeway and Planning Report - Cedarvale School May 25, 2004 Page 3 the re-alignment of Highway 13 in this area resulted in a somewhat convoluted access to the center: combined with changes in retail shopping needs and the addition of more and newer retail alternatives adjacent to the new interstate freeway, Cedarvale's vitality as a community shopping center began to wane. Since the mid to late 1980's, Cedarvale has been functioning as more of a destination/service center while Town Centre, Cliff Lake, and the Promenade area are primarily serving the City's community shopping retail needs. In 1998 an IUP was approved to allow a 10,000 square foot class room within Cedarvale Mall, which expires on June 1, 2008. In 1999 an lUP was approved to all a 6,000 square foot expansion to the existing 10,000 square foot classroom, which expires June 1, 2003. EXISTING CONDITIONS The Cedarvale Mall is located within the Cedar Grove Redevelopment are and part of a Tax Increment Financing (TIF) District. There is no pending redevelopment of the Cedarvale Mall; however the City's vision for the area includes the ultimate removal of the structure. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Retail/restaurant CGD, Cedar Grove SA, Special Area District South Nicols Ridge PD, Planned SA, Special Area Development Development East Office CGD, Cedar Grove SA, Special Area District West Day Care CGD, Cedar Grove SA, Special Area District EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed use has been in operation for six years at this location by a previous Interim Use Permit. Schools private or public are Conditional Uses in the Cedar Grove District, because of the uncertainty of redevelopment possibilities an Interim Use Permit is more appropriate. Site Plan - The proposed use will have no visual impact on the exterior of the existing building or the site in general. i Planning Report - Cedarvale School May 25, 2004 Page 4 Term - The lease for the school is valid until July 31, 2008, therefore the request is for a four year term. The Council may want to evaluate redevelopment possibilities before determining a term for the Interim Use permit. SUMMARY/CONCLUSION The proposed use has been permitted by an Interim Use permit for this property for the past six years. The use is permitted by a Conditional Use Permit in the Cedar Grove District, but because of uncertainty of redevelopment possibilities an Interim Use Permit is more appropriate. The request is for a four year term. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow for 13,800 square feet of the existing Cedarvale Shopping Center to continue to be used as a special needs program for School District 191 located at 3920-3988 Sibley Memorial Highway; subject to the following conditions. 1. The permit shall terminate upon the earlier of redevelopment or July 31, 2008. 2. The Interim Use Permit shall be recorded within 60 days of approval by City Council. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. School operations shall be limited to 8:00am - 3:00pm. 5. All students shall be bussed to and from the site. 6. No school recreational activities shall be allowed on-site outside of the Cedarvale building. /~j r- RE ESTATE SERB April 21, 2004 Mr. Mike Ridley City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: INTERIM USE PERMIT CEDAR GROVE PROPERTIES Dear Pursuant to our conversation I have enclosed four copies of the layout showing the 6000 square feet that Vale Education (District 191) is renewing. I have also enclosed the mailing labels for property owners within 350' of the Cedarvale Mall and a check for $750 for the application and escrow fee. Vale Education (Tenant) who is a tenant at the Cedarvale Mall desires to extend their existing lease. The Tenant does not intend on doing any construction in conjunction with this renewal and the space will remain as is. If you have any questions, please feel free to contact me at 612.904.7847. Thank you. Sincerely, Lorri Olson Property Manager 615 First Avenue NE • Suite 500 • Minneapolis • MN 55413 Phone (612)338-2828 9 Fax (612)338-5288 www.gsr-re.com /g~ Eagan Boundary j Street Centerline Location Map ~ parcel Area Building Footprint \ I ►y o o a ~ L11 J J Subject Site ` r a a w~ 1® C 7® f~ e o B 4 e e m ,P e' ~ ~ • o a ® ~ oo rf 9a O Gy fb 0 Elm 8 ~4 & Q 529 d 1000 0 1000 2000 Feet Development/Developer: Cedar Grove Properties LLC Application: Interim Use Permit e No.: 19-IN-03-04-04 (7 1 Map Prepare d using ERSI ArcView 7.1. Parcel base map data provided N f s` by Dakota County Office of GIS and is current as of January 2004. THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E city ot= e~gan 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 Cedar Grove Properties Case No. 19-IN-03-04-04 Land Use Map Zoning Map CGD CGD D Location G Current Zoning: S~PS~SH• COD GD Cedar Grove District CGD D PD R-4 coo o coo txoo F..t Comprehensive Guide Plan Land Use Map SA SA SA Ho• ~3 .6 .0%. Location s Current Land Use Designation: L S P SA -000 SA Special Area OP SA HD SA D 1 L 800 0 600 1200 F..t Q sl base map information providediy Dakota County Land Survey Depart-t June 2003. N Zoning information maintained byClty Staft City of Eagan 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 CEDAR.''-LE SHOPPING CErI: rER ®EAGAN MAIN LEVEL LOWER LEVEL "L-104:: L-103 GRAND SLAM U.S swill L-101 SPORTS & & FITNESS- ' ENTERTAINMENT I105 ` : L-102 Storagc L-106 C.pSl~7 L-107 U.S Swill & FITNESS ❑ 227 Storage 201 ❑ ❑ AREA SQUARE FEET 226 201 18,770 202 ❑ 225 5 202 1,260 203 224 203 1,260 204 1,260 204 ❑ 223 205 880 206 1,580 205 .222 207 1,600 208 2,090 206 ❑ 209 2,520 210 1,260 207 220 221 211 300 212 24,545 213..__-~-- ❑ 219 214 2,600 208 218 215 1,298 216 1,298 ❑ 217 217 1,260 209 218 1,260 216. 219 1,260 1,682 210 11 921144n5 215 ' 210 600 2,520 222 223 2,260 1 Storage 224 ,260 228 225 1,260 226 1,150 ❑ 227 15,600 f 228 250 229 229 192 ❑ L-101 12,400 L-102 1,400 ❑ L-103 1,442 ❑ U L-104 2,185 L-105 2,358 L-106 1,203 L-107 2,065 212 Total Sq. Ft 128,948 Cedarvale . . . Eagan's First And Most Established Retail Center, Serving The Fastest Growing Area in the 71vin Cities. 77 ) 2004 Agenda Information Memo June 1, 2004 Eagan City Council C. PLANNED DEVELOPMENT AMENDMENT - MANLEY LAND DEVELOPMENT EXTERIOR DESIGN AND SIGNAGE ACTION TO BE CONSIDERED: To approve a Planned Development Amendment to allow design, size and location changes to the building signage, the addition of a vestibule and arched canopy roof to the building facade, a reduction in height of the center unit space, elimination of seven cabled canopies, and the addition of a decorative metal rail above the windows on three building elevations on one of the commercial buildings on property located at 1625 Lena Court, legally described as Lot 2, Block 1, Centennial Ridge 2"d Addition, in the NW '/a of Section 28, subject to conditions listed in the APC meeting minutes. REQUIRED VOTE FOR APPROVAL: ➢ Majority of Quorum FACTS: ➢ The approved Planned Development included specific design conditions for exterior building materials and signage, and these conditions were to be consistently applied to both buildings in the retail center. ➢ Design changes were made to the building without City approval and a pending sign permit application proposes signage not approved in the Planned Development. ➢ The applicant is applying for several changes to the building design by the addition of a vestibule and canopy, reduction in height of the center unit space, replacing the canopies with decorative rails, eliminating metal sign bands and signage from the north and south elevations, and relocating the placement of signage from below the canopies to above the decorative rails. ➢ On May 25, 2004, the Advisory Planning Commission held a public hearing on this item and recommended approval of the PD Amendment with conditions as stated in the draft minutes. r ISSUES: ➢ April 1, 2004 - The sign company informed staff that an exterior building redesign was already approved and constructed. An immediate inspection was done and staff noted that no building permit had been pulled for the work and the modifications had been started but not completed. The PD Amendment process was explained to the sign company. ➢ April 5, 2004 - The required PD Amendment process was explained to the architect. ➢ April 7, 2004 - A building permit is issued for interior-remodel work only. ➢ April 21, 2004 - Despite staff s efforts, it was noted in the field that work on the exterior redesign had proceeded without the benefit of a PD Amendment or a building permit. Building Inspections issued a Stop Work Order for the site to prevent further nonconforming construction. ➢ April 21, 2004 - The owner submits a PD Amendment application and the architect submits a supporting narrative that erroneously states, in part, "It was unclear to us that this modification prompted a need for a planned development amendment." In reality, the architect had been informed of the necessary process on April 5, 2004. ➢ The Advisory Planning Commission added a condition that requires a second matching arch feature be added to the building to provide consistency. 60 DAY AGENCY ACTION DEADLINE ➢ June 20, 2004 ATTACHMENTS: (2) May 25, 2004 draft APC meeting minutes, page dog- 89 Planning Staff Report, page/ 9 o to Z.061 Id City of Eagan Advisory Planning Commission Meeting Minutes May 25, 2004 Page 10 E. PLANNED DEVELOPMENT AMENDMENT - MANLEY LAND DEVELOPMENT A Planned Development Amendment to modify the final exterior design and signage on Lot 2, Block 1, Centennial Ridge 2nd Addition, located at 1625 Lena Court in the NW 1/4 of Section 28. City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated May 7, 2004. He noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Z Chair Heyl asked if another arch could be added to the front of the building to create symmetry. Dr. Michelle Rademacher explained that another arch could be added, however it would be at her cost. Member Gladhill stated concern that the development was designed to have architectural consistency between each building. Chair Heyl stated it would look better with the second archway on the building for consistency. Member Chavez asked if the other building under construction could be brought to conformity with the existing building. City Planner Ridley explained that the Advisory Planning Commission is not in the position to address the other building at this time. Dr. Michelle Rademacher stated because she has closed on the financing of the building, she has no retaliation towards the builder or the architect. Member Matthess suggested incorporating the approved cabled canopies to the building to achieve some consistency. Todd Mohagen, Mohagen Hansen Architectural Group stated the cabled canopies could be added to the existing bays. Member Bendt stated his appreciation of the different characteristics of the archway. Member Gladhill stated his agreement with Member Bendt, however the time for the different design was at the time of application. Chair Heyl stated preference that the cabled canopies be added on the building or a matching archway be added to provide consistency. 14?e City of Eagan Advisory Planning Commission Meeting Minutes May 25, 2004 Page 11 Member Leeder stated his preference was that a matching archway be added to the subject building. Member Matthess stated agreement with Member Leeder. Member Leeder moved, Member Gladhill seconded a motion to recommend approval of a Planned Development Amendment to allow design, size and location changes to the building signage, the addition of a vestibule and arched canopy roof to the building facade, a reduction in height of the center unit space, elimination of seven cabled canopies, and the addition of a decorative metal rail above the windows on three building elevations for building 2 on property located at 1625 Lena Court, legally described as Lot 2, Block 1, Centennial Ridge 2nd Addition, in the NW '/4 of Section 28. The proposed amendment only affects building 2 subject to the following conditions as amended: 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 a sign or building permit. 2. A sign permit must be obtained prior to installation of any sign. 3. A building permit must be obtained prior to completion of the vestibule and canopy. 4. The Planned Development Amendment approval is for building 2 only. Any proposed changes to building 1 would require further Planned Development Amendment approval from the City Council. 5. A matching archway shall be added to the subject building. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 18, 2004 CASE: 28-PA-14-04-04 APPLICANT: Manley Land Development HEARING DATE: May 25, 2004 PROPERTY OWNER: Same APPLICATION DATE: April 21, 2004 REQUEST: Planned Development Amendment PREPARED BY: Mary Granley LOCATION: 1625 Lena Court COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Kurt Manley of Manley Land Development is requesting approval of a Planned Development Amendment to allow design, size and location changes to the building signage, the addition of a vestibule and arched canopy roof to the building fagade, a reduction in height of the center unit space, elimination of seven cabled canopies, and the addition of a decorative metal rail above the windows on three building elevations on one of the commercial buildings located at 1625 Lena Court, legally described as Lot 2, Block 1, Centennial Ridge 2nd Addition, in the NW %4 of Section 28. AUTHORITY FOR REVIEW Chapter 11.70, Subd. 28. states in part that that building signage on multi-tenant buildings shall be evenly distributed between all tenants, all business signs mounted on a building shall be similar in design, and no signs or combination of signs mounted upon a building shall cover in excess of 20 percent of the gross area of a side. Chapter 11.50, Subd. 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. i Planning Report - Manley Land Development May 25, 2004 Page 2 BACKGROUND/HISTORY In October 2002, the City Council approved a Preliminary Subdivision establishing the residential portion of this development, and creating a 3.1 acre outlot for commercial development. In April 2003, a Preliminary Subdivision to create two lots and a Final Planned Development for a retail center was approved subject to several conditions, including exterior building materials and signage. The condition of the Planned Development concerning exterior building materials states that the materials are to be "brick veneer and glass, with rockface block at the base of the building and recessed areas of stucco in a color to match the brick. The brick veneer shall be a tan or light brown color, with the rockface block being a dark brown of reddish brown color. The rear elevation shall be treated with the same brick, block and stucco materials as are used on the front elevations." The condition of the Planned Development concerning signage states that "building signage shall be limited to the designated sign band area below the canopy. One freestanding sign is proposed for each lot. All signage shall comply with the City's Sign Code standards." The Planned Development Agreement contains an exhibit indicating both buildings will be the same in style, design, materials and signage. The agreement called for 30 square foot metal signage panels above the glass entryway for each of the five unit spaces on Building 2, with a uniform entryway for each unit, and a cabled canopy above each signage panel on the west elevation. A signage panel and canopy is also indicated above the windows on the north and south elevations. The three interior tenant spaces are depicted with a higher elevation than the two end units. The canopies above the three interior units were to project approximately 5 feet from the exterior wall surface, and the canopies above the end units and on the north and south elevations were to project approximately 3 feet from the exterior wall surface. In late March, a sign permit application was received from the sign contractor for installation of a 45-1/2 square foot tri-color satin aluminum tenant name and logo installed directly on the brick above an arched roof covering a vestibule. The sign company was informed by the City this sign design did not comply with the approved Planned Development, and it was recommended they contact the architect and future tenant regarding this discrepancy. On April 1, 2004 the sign company contacted the City and stated they were informed by the architect that the exterior building redesign was already approved and constructed. The sign company informed staff that the exterior redesign of the building was approved as part of the interior remodel plans submitted to the City for building permit approval. Staff explained that an exterior building change could not be approved with submittal of a building permit in a Planned Development, and that a Planned Development Amendment would need to be applied for and Planning Report - Manley Land Development May 25, 2004 Page 3 approved by the City Council for an exterior design change. An immediate site inspection was conducted by staff to determine what had been done to the building, and it was noted that the center unit was lower in elevation than depicted in the Planned Development n'wtwa u ua Agreement, and the fourth tenant space had a partially constructed vestibule, but no arched i tY r ` roof was present at the time. CAP ` r Staff located the building permit application a J` for the interior remodel and it was discovered the permit had not yet been issued. The building plans were reviewed and it was noted by staff that an exterior building drawing had been submitted with the interior remodel plans, but no changes from the original Planned Development exterior design were indicated by way of "clouding" the exterior elements that were changing, as is typical in an architectural drawing. Because of no clouding, any design change would not have been apparent to staff. The architect was informed on April 5, 2004 that the process to obtain a design change to the exterior of the building involved a Planned Development Amendment approval by City Council. The architect was informed that the interior remodel building permit could not be released without new plans or a letter requesting that page A3.0 (exterior elevation) be removed from consideration for the interior remodel. The architect agreed to submit a letter stating such. A hold was placed on issuing the building permit pending receipt of the letter omitting the exterior remodel page. On April 7, 2004 the contractor came in to pick up the building permit. A letter had not yet been received from the architect. A call was placed to the architect again explaining the permit would not be released until submittal of the letter omitting the exterior remodel page. A letter was faxed to the City removing the exterior remodel page from the interior remodel building permit plans, and the building permit was released to the contractor. Despite staff's efforts, on April 21, 2004 staff noted the arched canopy was partially constructed over the vestibule area. A stop work order was promptly issued by the Building Inspections Department to prevent f further nonconforming construction without the required approvals of the City Council. On April 30, 2004 a written request from Manley Land Development was received ' ' - requesting approval to complete construction on the arched canopy prior to Council approval "in order to make the building water f /X~ I Planning Report - Manley Land Development May 25, 2004 Page 4 tight". Approval was given with the written understanding that they risked removal of the front entry if the Council denied the Planned Development Amendment application. EXISTING CONDITIONS The retail center is located at the southeast corner of Diffley Road and Johnny Cake Ridge Road. There is one entrance drive into the site off Johnny Cake Ridge Road. The site consists of two partially constructed retail buildings. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Oakbrooke Subdivision, zoned PD, Planned Development, designated LD, Low Density Residential, under the comprehensive guide plan. South - Centennial Ridge, zoned PD, Planned Development, designated MD, Medium Density Residential, under the comprehensive guide plan. East - Wexford 2na Addition, zoned R-1, Single Family Residential, designated LD, Low Density, under the comprehensive guide plan. West - CVS Pharmacy (currently under construction), zoned NB, Neighborhood Business, designated RC, Retail Commercial, under the comprehensive guide plan. EVALUATION OF REQUEST Description of Proposal - Manley Land Development is requesting Planned Development Amendment approval for building 2 to allow design, size and location changes to the building signage on three elevations, the addition of a vestibule and arched roof to the building fagade, a reduction in height of the center unit space, the elimination of seven cabled canopies on three elevations, and the addition of a decorative metal rail above the windows on three building elevations. The proposed amendment only affects building 2. Design, size and location changes to the building signage • The applicant is proposing to omit the metal sign bands on the front (west) elevation. (Although the proposed building elevation plan submitted indicates two metal sign panels, the sign permit application is for no panel and the main tenant sign would be attached directly to the building.) • The applicant is proposing to relocate the signage area from approximately 9 feet below the top of the cornice, to a height approximately 4 feet below the top of the cornice. 193 Planning Report - Manley Land Development May 25, 2004 Page 5 • The applicant is proposing signage WNI placement above the proposed arched - canopy for the main tenant in the ar 13" e)re X el It c e 3' fine- d1 ` ` ` r c11 ` is `r' , fourth unit space, and above the proposed decorative metal rail for the Naisetin nw~sm, 13" ~ second tenant on the second unit PMSY 6186 at 2^" PMS# 4W 1A 0% UM space. H. • It is also proposed that the approved w- f? j signage on the south and north ==y - elevations be omitted from the I --qr- VCV Planned Development Agreement. l -3 ~rrrnrr nrirri~[ +6t5 4na tna Addition of a vestibule and arched roof to the building facade • The applicant is proposing the addition of a 12 foot wide vestibule, consisting of 2 brick columns topped with windows supporting a soffit and wrought iron grill. • The applicant is proposing the vestibule would be topped with a 19 foot wide arched canopy roof. • The vestibule and canopy would project approximately 6-1/2 feet from the building. Reduction in height of the center unit space • The Planned Development approved a building design of 5 tenant spaces, with the center 3 spaces building facade height measuring approximately 20 feet from the base of the building to the top of the cornice, and the 2 end spaces building facade height measuring approximately 18 feet. • The building has been constructed with the 2 end and 1 center units measuring approximately 18 feet, and the 2°d and 4th units measuring approximately 20 feet in height. Elimination of seven cabled canopies on three elevations • The Planned Development approved 5 cabled canopies on the west elevation, and 1 canopy each on the south and north elevations. The canopies were to be located directly above the metal sign panels, and were to project approximately 5 feet from the building wall on the 3 center units, and approximately 3 feet from the building wall on the 2 end units, and the south and north elevations. • The applicant is proposing all approved canopies be omitted from the Planned Development. Addition of a decorative metal rail above the windows on three building elevations • The applicant is proposing decorative metal rails approximately 6 inches high and 17 feet wide projecting approximately 12-18 inches from the building and secured by a series of decorative metal supports above each of the 5 window sets on the west elevation, and above each window set on the south and north elevations. Staff does not believe the vestibule and change in building height will detract from (and may augment) the building's appearance. However, the deviation from the approved sign plan and the 8 Planning Report - Manley Land Development May 25, 2004 Page 6 removal of the cabled canopies does not appear to improve the building's appearance. City policymakers shall determine the suitability of the proposed changes in relationship to the approved plans. Sign Area - City Code allows that building signage shall not cover more than 20 percent of the gross area of a side. SUMMARY/CONCLUSION Kurt Manley of Manley Land Development is requesting approval of a Planned Development Amendment for building 2 to allow design, size and location changes to the building signage, the addition of a vestibule and arched canopy roof to the building facade, a reduction in height of the center unit space, elimination of seven cabled canopies, and the addition of a decorative metal rail above the windows on three building elevations on property located at 1625 Lena Court. The proposed amendment only affects building 2. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow design, size and location changes to the building signage, the addition of a vestibule and arched canopy roof to the building facade, a reduction in height of the center unit space, elimination of seven cabled canopies, and the addition of a decorative metal rail above the windows on three building elevations for building 2 on property located at 1625 Lena Court, legally described as Lot 2, Block 1, Centennial Ridge 2"d Addition, in the NW 1/4 of Section 28. The proposed amendment only affects building 2. 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 must be completed prior to issuance of a sign or building permit. 2. A sign permit must be obtained prior to installation of any sign. 3. A building permit must be obtained prior to completion of the vestibule and canopy. 4. The Planned Development Amendment approval is for building 2 only. Any proposed changes to building 1 would require further Planned Development Amendment approval from the City Council. Mohagen Hansen Architectural - ^ Group April.21, 2004 City of Eagan Planning Department 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Amendment to Centennial Ridge 2nd Addition - Retail/Commercial Development Mohagen/Hansen Project No. 03065.OMAN Regarding the proposed development by Manley Land Development at the southeast comer of Johnny Cake Ridge and Diffley Roads, the following information is intended to serve as the narrative = for the Amendment to the Preliminary Subdivision Submittal previously approved and is for your y use in evaluating the project. . , k Manley Land Development is constructing aretail/commercial development on the 3-acre site, which was previously approved by the city. The 3-acre parcel was divided into two lots to accommodate two separate one-story buildings. Building #1 on the south is proposed for retail use while Building #2 on the east was purchased by a dentist to house her practice as well as a future tenant. Construction is proceeding on the shells of both buildings. Final project completion should be accomplished by the ` end of 2004. The new owner of building #2 required some minor modifications to the exterior design including avestibule/ entry. These changes are shown on sheet A3.0 of the submitted plans and represent the full extent of modifications to the exterior from the original submittal. = i Drawings for this change were submitted with the plans for the dental clinic. The developer in the mean time, because of construction time constraints installed the roof trusses of this element for the ° new owner. It was unclear to us that this modification prompted a need for a planned development amendment. Upon notification of that requirement, we went to the city to get the required forms and were given a submittal date of April 21, 2004. In the mean time, the contractor added the supporting elements to the roof trusses to create a sound structure for site safety.. Sincerely, Mohagen/Hansen Architectural Group ell) , ►s 0 Stephen Paetzel Architecture Planning 21 1415 E. Wayzata Blvd Suite 200 Wayzata, MN 55391 Telephone 952.473.1985 Fax 952.473.1340 www.mohagenhansen.com NARRATIVE M~NLEY Land Development, Inc. 21 13 Cliff Drive VAPR,3 Eagan, MN 55122 Phone 651.454.4933 2004 Fax 651.454.9371 www.manleybrothers.com ey 4.30.2004 Mike Ridley City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 651.675.5000 Dear Mike; This letter is regarding the front entry at 1625 Lena Court. On 12.5.2003 Manley Land Development was hired by Dr. Michelle Rademacher to build the building at 1625 Lena Court. It has become our understanding that a P.D. amendment is required for the front entry change we were instructed to build. We were informed by the Architect and Dr. Michele Rademacher on approximately 4.14.2004 that P.D. amendment was required, and a stop work order was issued by City of Eagan Chief Building Official. During further discussion with City of Eagan officials, we have been instructed to stop construction on front entry until P.D. amendment comes before Council. It is our position that given we are 90% complete with construction we should finish the construction in order to make the building water tight. In addition, we understand that we risk removal of front entry (if Council denies amendment). In conclusion, Manley Land Development requests permission to complete construction on front entry and we agree to abide Councils decision. Sincerely, Kurt Manley REQUEST TO COMPLETE WORK Eagan Boundary /Street Centerline J Location Map I Parcel Area Building Footprint L:=L er a / ~Y a Z. 0 W,we e % i Co ME] Subject Site z ~ @¢ ~i y ronu / L 4 P r L® j/ Ale w LJJLL 8 89 ° d o 0 DEBEH 80 ES =0 9=3 a ca . - a 9 ' ' ® W W y Mlvr rvK// eQ / 1000 0 1DD0 2000 Feet Development/Developer. Manley Land Development Application: PD Amendment Case No.: 28-PA-14-04-04 N t p Prepared using ERSI ArcView 3.1. Pamet base map data provided 410. `/900 by Dakota County Office of GIS and is current as of January 2004. 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JOHNNY CAKE RIDGE ROAD i~ € g lit x° = nl \ ~ • ° r+` I I . r a' 6 ~ I \f9 0 ~ y I I k O i I "*1 I I ~ y 0 k I I mC I I 4 Q 1 - rs (m p I • i t °t I x I I t gal i A' 14 zi 171, a2+ t i a a~~ c o I I I ss '~P I ale =s A 9 s gi I'l if I All Jim I Aid O ~~y r1i D v air AU is Ix ~ ~ Agenda Information Memo June 1, 2004, Eagan City Council Meeting D. PLANNED DEVELOPMENT AMENDMENT - SPEEDWAY SUPERAMERICA, LLC ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) a Planned Development Amendment to allow outdoor display at the Super America store, located at 2250 Cliff Road; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The request is to continue outdoor display of the propane exchange, firewood, salt, windshield washer fluid, and soda. • Consistent with City Code requirements for outdoor display, the applicant indicated the display area will not exceed 60 square feet in total, four feet in height and will not extend more than five feet in front of the building; per code requirements. • The Advisory Planning Commission held a public hearing on May 25, 2004 and is recommending approval, subject to the conditions in the minutes. 60 DAY AGENCY ACTION DEADLINE • June 19, 2004 ATTACHMENTS (2): Advisory Planning Commission Minutes age(s) .2041 Planning Staff Report pagesQ_0 hrough /f 062 City of Eagan Advisory Planning Commission Meeting Minutes May 25, 2004 Page 12 F. PLANNED DEVELOPMENT AMENDMENT- SPEEDWAY SUPERAMERICA, LLC A Planned Development Amendment to allow outdoor display on Lot 1, Block 1, Oak Cliff 6th Addition, located at 2250 Cliff Road in the NW'/. of Section 31. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated May 18, 2004. She noted the background and history. Chair Hey[ opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Member Hansen asked for clarification on the size of the display area. Member Gladhill asked that the items be kept neat and within the guidelines. Member Bendt moved, Member Hansen seconded a motion to recommend approval of a Planned Development Amendment to allow outdoor display of items near the entrance of the convenience store located at 2250 Cliff Road subject to the following conditions as amended: 1. The Planned Development Amendment Agreement must be executed and recorded. 2. The display area is limited to 60 square feet. 3. The display area shall not extend more than five feet from the principal building and shall not exceed four feet in height. 4. The location of the display area is limited to the area designated on the site plan. 5. No items for display or storage are allowed at the gas pumps. 6. The items for display are limited to firewood, windshield washer fluid, salt, propane, and soda. All voted in favor. Motion carried 7-0. a~~ l PLANNING REPORT CITY OF EAGAN REPORT DATE: May 7, 2004 CASE: 31-PA-10-04-04 APPLICANT: Thomas Alexander HEARING DATE: May 25, 2004 PROPERTY OWNER: Super America APPLICATION DATE: April 20, 2004 REQUEST: Planned Development Amendment PREPARED BY: Sheila Cartney LOCATION: 2250 Cliff Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow outdoor display for property located at 2250 Cliff Road, in the NW '/4 of Section 31. AUTHORITY FOR REVIEW Chapter 11, Section 11. Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The subject site is part of the Winkler/Jackson Planned Development that was approved in July of 1982. The original PD overlays 92 acres of land south of Cliff Road and west of TH 77 and included a mixture of commercial and residential uses. In 1991, the subject site was developed with a Super America service station. aos Planning Report - Super America May 25, 2004 Page 2 EXISTING CONDITIONS The site is developed with a convenience gas station. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Cinnamon Ridge PD, Planned HD, High density a artments/townhomes Development residential 12+ u/a East Service station PD, Planned RC, Retail Development Commercial South Alliance building PD, Planned RC, Retail Development Commercial West Vacant PD, Planned RC, Retail Development Commercial EVALUATION OF REQUEST Proposal - The applicant would like to continue to display items for sale outside in front of the store. The items for sale are season items such as: Propane exchange cage, firewood, windshield wiper fluid, salt and soda. Two areas are being requested. The first area has a total square footage of 44 square feet. The second area is for the propone exchange and is 12 square feet. The storage areas allow for a four foot walkway. Code Requirement - The zoning ordinance allows outdoor display in the following zoning districts: NB, Neighborhood Business, GB, General Business, and CSC, Community Shopping Center. The subject property is zoned Planned Development, the use is consistent with the listed zoning districts, but requires a Planned Development Amendment. The Ordinance also lists standards for outdoor display: a. The display area shall not exceed 60 square feet. The site plan indicated the proposed storage area is within 60 square feet (52 square feet). b. The display area shall be located immediately adjacent to the principal structure and only on the side of the building which contains a main entrance. According to the site plan the display area is adjacent to the principal structure and on the side of the building which contains an entrance. c. The display area shall not extend more than five feet out from the building and shall not exceed four feet in height. The Site Plan does not indicate how far the storage extends Planning Report - Super America May 25, 2004 Page 3 from the building or the height of the storage. The storage is expected to meet this requirement. d. The display area shall not take up required parking spaces or landscaping areas of the principal use. The proposed display area does not take up any parking or landscaped areas. e. The display items shall consist solely of products sold or distributed within the principal structure by the occupant thereof. The items for display are typically associated with service stations. Firewood and propane are required to be stored outdoors. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to allow outdoor display of propane exchange, firewood, salt, windshield washer fluid, and soda. The site plan indicates these items will be stored near the entrance of the store. As proposed the display area is consistent with the City Code requirements for outdoor display. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow outdoor display of items near the entrance of the convenience store located at 2250 Cliff Road. If approved the following conditions shall apply: 1. The Planned Development Amendment Agreement must be executed and recorded. 2. The display area is limited to 60 square feet. 3. The display area shall not extend more than five feet from the principal building and shall not exceed four feet in height. 4. The location of the display area is limited to the area designated on the site plan. 5. No items for display or storage are allowed at the gas pumps. 6. The items for display are limited to firewood, windshield washer fluid, salt, propane, and soda. aO 19 Planned Development Amendment for SuperAmerica #4464 Located at 2250 Cliff Road, Eagan, Mn 55122 Allow for Displays on the outside of the store. Displays Would be used year round. Containing seasonal items Such as Propane exchange cage, soda, windshield washer Fluid, salt and firewood. Two areas being requested. The first area is located is shown as Area 1, the total square footage being requested Is 44 square feet. This would have displays that would include soda and water in the summer months and washer Fluid and salt in the winter months. This area is also Handicap accessible, with the displays it would allow for 4 Feet of walkway. The second area being requested is shown as Area 2. This would display the Propane Exchange Cage, square Footage being requested is 12 square feet. Allowing the displays would have no negative effect on Surrounding properties and land. It would have no negative affect on the city or enviroment. Julie Wasley District Manager Speedway SuperAmerica LLC Q 4 P E C EHED APR 2 0 2004 Eagan Boundary Location Map tf Street Centerline [-71 Parcel Area Building Footprint ~ ~ ® I X41 ® 3 D ~ p ~ ~ ~ (4 c YYY rt ® 8 Q tia ° €1® ® ® g Y ~~LII1Jr s mom Subject Site r ie ~ 3 ® Q 13 ma !a Cg ® , T~~F-3 E3 E2 t G S ~ e ° ® / Est o S cq 1000 0 1000 2000 Feet Development/Developer. Speedway Super America Application: PD Amendment ase No.: 31-PA-10-04-04 p Prepared using ERSI WcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of January 2004. Y 4~ W+E Cif of en art 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 Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Speedway Super America Land Use Map Case No. 31-PA-10-04-04 = ~ P 2 z Zoning Map a ~ P 4 L; SC Current Zoning: PD S PD Planned Development cs PD PO CSC T PD 9 ' ~R y` u LLLJJL..... 800 0 000 1200 F.et Comprehensive Guide Plan HD Land Use Map D C I QP Current Land Use Designation: RC RC RC R IP- RC Retail Commercial ors ois L m L 9 G .D r 600 0 800 1200 F.et ~~W map information providedby Dakota County Land 3t y Departmert Joie 2007. N Zoning information mainUined byCity StaTL City of Eagan 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 ^ o 131 6@ 4iTs1cy{ p3 t-. ~gqy is h3 794 y~ < w< in I.- c Z Ea G iei iea n~ ~ ~ 6 to nW P1 i5 ~ ~n o ~o Sc a u ~ 8 ~ e 0a ~ ~ ~ ~ ~ 9 ~ ~ J O ( , Y w4 OO O OOOOOO O OO O OOO OOOO®®® W ~ ~ ~ ~ a % N W 4 i b PT cc LL 2 k'~Jm E`a N U W I t ~ ~ --.u•~os i'1 iFr¢.E v ~ xzU:tl .R•K-' I -41 II 'l+ k - - - - ak ' I n I I ~I ' ~ ~ ` ~ 0 lq1 I r~ ( K , i 1 . ~I iI ~ - .w ysf ?f l~ llit is J R it'll' CL ~ ~~{l{~ I 5- l HIS i ' I 1 • 'U Agenda Information Memo June 1, 2004, Eagan City Council Meeting E. PLANNED DEVELOPMENT AMENDMENT - PELLLICCI, INC (HARDWARE STORE THOMAS LAKE CENTER) ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) a Planned Development Amendment to allow outdoor display at the hardware store in Thomas Lake Center, located at 1565 Cliff Road; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The request is to continue to display items for sale at the main entrance (south side) of the store, east side and to the rear (north) of the store. • Originally the items proposed for the main entrance are lawnmowers, wheel barrows, and rental equipment. The east side of the building display items includes salt, soil and mulch. A 1,000 gallon propane fill tank is proposed for the rear of the building. • Since the APC meeting staff has discussed the proposed outdoor display with the applicant, the applicant indicated the location of the display will be the same, but the main entrance will be limited to 32 square feet same items, and the east will be limited to 28 square feet and only salt displayed. They are looking into a 500 gallon tank rather than 1,000. The 1,000 gallon tank would occupy 88 square feet. • The Advisory Planning Commission held a public hearing on May 25, 2004 and is recommending approval, subject to the conditions in the minutes. ISSUES: • The City Code allows 60 square foot display area, four feet in height and that will not extend more than five feet in front of the building and to be located at the main entrance • The APC recommended approval based on the conditions that the outdoor display will meet code requirements. 60 DAY AGENCY ACTION DEADLINE • June 19, 2004 ATTACHMENTS (3): a Advisory Planning Commission Minutes page(sI.X3~ Planning Staff Report page&-5ThrouglQP3 Farmington Pellicci Store photos on pag throughm a~a City of Eagan Advisory Planning Commission Meeting Minutes May 25, 2004 Page 13 G. PLANNED DEVELOPMENT AMENDMENT - PELLICCI, INC. A Planned Development Amendment to allow outdoor storage on Lot 1, Block 1, Thomas lake Center, located at 1565 Cliff Road in the SW'/. of Section 28. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated May 17, 2004. She noted the background and history. Applicant Herald Pellicci and Terry Aydt explained that there are two entrances being used at the hardware store. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl mentioned other hardware stores that have outside storage. She suggested that they provide a map of the storage. Member Gladhill agreed that the allowance should be consistent with similar businesses, therefore the allowable space should be 60 square feet and limited to the front of the building. He stated there is a difference between outside storage and display of goods for sale. He stated the propane tank will be visually obtrusive to the surrounding businesses. He stated objection to the propane tank without brick wall screening. Member Bendt stated Lifetime Fitness objected to the propane tank. He stated the City Code should be referenced and followed. Member Leeder suggested the display of goods for sale be allowed as provided by the City Code. Chair Heyl stated they should be treated as others have been. She suggested a condition that indicates a clearer storage location map be required. Member Bendt moved, Member Leeder seconded a motion to recommend approval of a Planned Development Amendment for to allow outdoor display of lawnmowers, soil, salt, mulch and a propane filling tank at 1565 Cliff Road subject to the following conditions as amended: 1. The Planned Development Amendment Agreement must be executed and recorded. 2. The display area is limited to 60 square feet in the aggregate. 3. The display area shall not extend more than five feet from the principal building and shall not exceed four feet in height. 4. The location of the display area and items to be displayed is on the south side, in front of the building. 5. The items for display are limited to lawnmowers, equipment, salt, soils and mulch. 01-3 City of Eagan Advisory Planning Commission Meeting Minutes May 25, 2004 Page 14 6. The location of the propane filling station shall be in accordance with the Liquefied Petroleum Gas Code. Member Gladhill voted Nay. All others voted in favor. Motion carried 6-1. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 18, 2004 CASE: 28-PA-11-04-04 APPLICANT: Pellicci Ace Hardware HEARING DATE: May 25, 2004 PROPERTY OWNER: Brian Slawik APPLICATION DATE: April 20, 2004 REQUEST: Planned Development Amendment PREPARED BY: Sheila Cartney LOCATION: 1565 Cliff Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow outdoor display, outdoor storage and a propane filling tank at Pellicci Ace Hardware in Thomas Lake Center, located at 1565 Cliff Road in the SW '/a of Section 28. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The original planned development proposal for the 600 acre Blackhawk Park Planned Development was submitted to the City in 1972 as"Eagan 500." The Blackhawk Park Planned Development Agreement was executed in June 1977 for a 15 year term. Thomas Lake Center was platted and the strip center on Lot 1 constructed in 1987. The Texaco (currently Holiday) on Lot 5 was constructed in 1989. Other free standing businesses and the additional parking for Life Time Fitness were constructed in 1995 and 1996. Planning Report - Pellicci Hardware May 25, 2004 Page 2 A request for outdoor display was approved earlier this year for the Holiday Station store located at 1579 Cliff Road within Thomas Lake Center. EXISTING CONDITIONS The site is located in Thomas Lake Center. The center contains a strip retail center, Bonfire Restaurant, Car Care Muffler and Brake, and Xpress Lube. The hardware store currently has items for display in front of the main entrance which are removed during non business hours. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Lifetime Fitness PD, Planned RC, Retail Development Commercial East Single family R-1, Single family LD, Low Density residence residential residential South Single family PD, Planned LD, Low Density residence Development Residential West Retail PD, Planned RC, Retail Development Commercial EVALUATION OF REQUEST Pro osal - The applicant would like to continue to display items for sale outside in front of the store, store items on the east side of the building and put a propane fill station on the north side of the building. The items for sale/storage include: Lawnmowers, wheel barrows, rental equipment, salt, soil and mulch. The code requires outdoor storage be screened and in an enclosure, since the items stored on the east side will also be for sale it is appropriate for these items to not be screened; however, the propone tank should be screened. The Fire Marshal indicated they would prefer a chain link or some type of screening that allows the tank to be visible. Outdoor display does not require screening. Code Requirement - The zoning ordinance allows outdoor display in the following zoning districts: NB, Neighborhood Business, GB, General Business, and CSC, Community Shopping Center. The subject property is zoned Planned Development, the use is consistent with the listed zoning districts, but requires a Planned Development Amendment. The Ordinance also lists standards for outdoor display: a. The display area shall not exceed 60 square feet. The site plan does not indicate the display area's size. The applicant should address this issue. Staff suggests that area should not exceed 60 square feet to be consistent with other outdoor display areas within the City of Eagan and within Thomas Lake Center. Planning Report - Pellicci Hardware May 25, 2004 Page 3 b. The display area shall be located immediately adjacent to the principal structure and only on the side of the building which contains a main entrance. According to the site plan the display area is adjacent to the principal structure and on the side of the building which contains the main entrance; however, storage/display is also requested on the east side of the building and on the north side of the building. The outdoor display areas as proposed do not meet this code requirement and are not consistent with other approved outdoor displays within Thomas Lake Center. c. The display area shall not extend more than five feet out from the building and shall not exceed four feet in height. The Site Plan does not indicate how far the storage extends from the building or the height of the storage. It appears the height of the propone fill station is about six feet exceeding the allowed height. The storage is expected to meet this requirement. d. The display area shall not take up required parking spaces or landscaping areas of the principal use. The proposed display area does not take up any parking but is proposed to be in a landscaped area; however, the storage on the east side of the building may block the walk way and is near a second exit. Fire Code requires the storage near the exit be 40 inches from the door/stairway. e. The display items shall consist solely of products sold or distributed within the principal structure by the occupant thereof. The items for display are typically associated with hardware stores. Propane is required to be stored outdoors. Planned Development - The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. A Planned Development is expected to have a cohesive design throughout the site with architecture, signage, lighting etc. As a Planned Development, it is expected to have a cohesive design throughout the site with architecture, signage, lighting etc. The intent of the planned development is to: 1. Provide 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 efcient 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. The intent of the Planned Development does not appear to fully achieved by the proposed amendment. The proposed outdoor display and storage does not appear to preserve or enhance the desirable site characteristics such as having all sides of the building with the same brick finish material. Staff is concerned that the East side storage blocks the view of the finish material and the sidewalk. Some of the open space is proposed to be occupied by the propane filling station on the north side of the lot. The proposed outdoor display is on three sides of the building and crowds the east side of the strip center. The storage on the east side will be visible n? l7 Planning Report - Pellicci Hardware May 25, 2004 Page 4 from the entrance along Thomas Lake Center Road. The proposed amendment is not cohesive with the other outdoor display area within Thomas Lake Center, the proposed amendment is for more than one area and exceeds the parameters of the City Code. The Holiday Station store was recently approved for outdoor display in front of the store. The display area complies with the outdoor display requirements of the City Code. To be consistent with the Holiday Station store, the outdoor display/storage area should comply with code requirements and be confined into one area as permitted by code. Liquefied Petroleum Gas Code - According to the Fire Marshal the propane filling station must be 25 feet from any building. The site plan is not to scale and this matter should be addressed by the applicant. Propane tanks are required to be at minimum 50 feet from any outdoor place of assembly, including playgrounds. There is a daycare to the west of the hardware store that has playground equipment in the back and may be affected by this location. The applicant shall address this matter. Propane tanks are required to be a minimum of 10 feet from public streets, highways, thoroughfares, and sidewalks; it appears the tank is too close to the main drive aisle and parking area. The distance from the street to the propane tank is unclear on the Site Plan. If an enclosure is required the enclosure shall be at least six feet high industrial-type fence, chain link fence or equivalent protection. There shall be at least two means of emergency access from the enclosure. Protective bollards are also required near the parking stalls and drive aisles. The applicant must address these issues in order to approve this amendment. SUMMARY/CONCLUSION The request is for outdoor display/storage of lawnmowers near the main entrance, mulch, soil and salt on the east side of the building and a propane filling station on the north side of the lot. A request for outdoor display was recently approved for the Holiday Station store in Thomas Lake Center, which was consistent with requirements of the outdoor display ordinance. The zoning ordinance limits outdoor display areas to 60 square feet, the Site Plan does not indicate the size of the display area, the applicant should address this issues. The Zoning Ordinance requires the display area to be located near the front entrance; two of the proposed display areas do not meet this requirement. The height is limited to four feet and the display area shall not extend more than five feet from the building the applicant shall address these issues. It is up to City officials to determine the acceptability of the proposed outdoor display and the cohesiveness with other outdoor display areas within this Planned Development. The applicant should address the Fire Marshal's concerns. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment for to allow outdoor display of lawnmowers, soil, salt, mulch and a propane filling tank at 1565 Cliff Road. If approved the following conditions shall apply: 1. The Planned Development Amendment Agreement must be executed and recorded. 0 le Planning Report - Pelhcci Hardware May 25, 2004 Page 5 2. The display area is limited to 60 square feet. 3. The display area shall not extend more than five feet from the principal building and shall not exceed four feet in height. 4. The location of the display area and items to be displayed are limited to the area designated on the site plan. 5. The items for display are limited to lawnmowers, equipment, salt, soils and mulch. 6. The location of the propane filling station shall be in accordance with the Liquefied Petroleum Gas Code. ar Written narrative addressing the following questions: What impact does the planned development amendment have on surrounding property - a Ta-fid uses. 1. We do not believe there will be any impact on the surrounding properties. There would possible be a subjective impact if somebody felt that cosmetically they did not like how it looked. However, we are very sensitive to how business is percieved and will make sure it is well kept and maintained. What impact does the planned development amendment have on the subject property? 2. We do not believe there will be any impact on the subject property. There would possible be a subjective impact if somebody felt that cosmetically they did not like how it looked. However, we are very sensitive to how business is percieved and will make sure it is well kept and maintained. What impact does the planned development amendment have on City services such as sewer, water, storm water run-off and roads? 1. We do not believe there will be any impact on City Services. Does the requested land use proposed by the amendment result in a better use of the land? Explain. 1. We believe that the property is better served by allowing the proposed changes. With the proposed changes Thomas Lake Center will be a more vibrant economic center for the Community. 2. The outside storage would allow us to carry more items to meet the Communities needs and demands. We are willing to comply with any ordinances pertaining outside storage. If we need to fence an area off then we will. 3. The Propane Fill Station would allow us to serve another need of the community. We have a Propane Fill station in our other two Ace Hardware Stores and believe it compliments a Retail Hardware store. RECE11'mD APR 2 0 L004 aO r Eagan boundary Location Map Street Centerline Parcel Area Building Footprint 51 too o teem g ® 6 Jeff g ® , B A B fill" T/I d A t Subject Site COP mm~ ® •4 :It .1 1 V Rim rol M1 m JUS 11 T ~JJ fl ca i ® ~ 4 P ~ a , t® E33 9 ® d i • a `0 -^°Y ® ~ ~ • ~ v ~ ~ • ® 8 r ~ ® tT Oam ~ ~ ~Er~ B ~r~r l)s 9 u9i two g~~ ® 6 4 ca w ® m oD~41®mom ii a `A.~w..r ~ ~ 1000 0 1000 2000 Feel Development/Developer. Pellicci Hardware Application: PD Amendment ^ Case No.: 28-PA-11-0404 Map Prepared using ERSI ArcYiew 3.1. Parcel base map data provided N by Oskota Courdy Office of GIS and Is current as of January 2004. TN15 MAP IS INTENDED FOR REFERENCE USE ONLY W E Cll y CF C'C1CJLlr1 The 1 of Eagan and Dakota County do not guarantee the accuracy of this information and are $ Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Pellicci Hardware Land Use Map Case No. 28-PA-11-04-04 Zoning Map 11JJ L_L~_Y PD PD Current Zoning: R-1 PD PD Planned Development PF ® ~7®® PD 200 0 200 1200 Net Comprehensive Guide Plan L1J~ Land Use Map MD MD LD RC L LD Current Land Use Designation: RC QP RC M Retail Commercial tl~ LL P P L Teen 600 0 &Do 1200 ..et N be l p Information providedby Dakota County Landit-ey Depart-it Jura 2007. N Zoning Information maintained byCity Staff City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department of Eagan (-~Md Dakota County do not guarantee the accuracy of this information. S ~ ~ ► ~ '\\j144 • •1-.. •I ~ 4,6 HIHON Y r I - ~ 1 S IK I J K I AS. .i. L OPP s: :y I S ;I r 3 ~ t C%j C%j »M ~-.C xis ~ s'*.~tY ~i k>f ~ t Y f i ~ Y 3 ~ 1 f~;s t, +N a - r ~ . x* Eli _ f.-n y t r }1 M a MR Ct t ,-~,'1 Y('C~t 'r` Yid - ~ t G In t v4}i'=1 r k r f t 3~ q- t~y p , f .y w~!!t y,~f Jti d - ~2 r df ~ff "r rt s r, ` * r~ lam- sZ -ilq~ L r a NaL r J`~"' C y 3Y j " 1 p.. f ~ s t °3 t s 9,,rnt~ IIy , 4t Jam- S 1 r%3 a a ~ u r ♦1. "J r tt l x I rj Agenda Information Memo June 1, 2004 Eagan City Council F. PLANNED DEVELOPMENT AMENDMENT - MSP COMMERCIAL ACTION TO BE CONSIDERED: To continue consideration of this item to June 15, 2004. REQUIRED VOTE FOR APPROVAL: ➢ Majority of Quorum FACTS: ➢ The Planned Development approved for this site allows for placement of two identical monument signs at the two entrances into Town Centre Plaza. One monument has been constructed. ➢ An application for an amendment to the PD to change the face of the second (not built) sign on O'Leary Lane to add tenant names was denied in June 2003. ➢ The applicant is proposing to eliminate the second monument, and redesign the existing monument to allow for 10 tenant names. The location of the monument would not change and the proposed materials would match the Town Centre Plaza building. The sign would not exceed City Code dimensional requirements. ➢ The applicant's request is to provide destination information to visitors without the difficulty of entering the building to verify the location. ➢ On May 25, 2004, the Advisory Planning Commission held a public hearing on this item and recommended approval of the PD Amendment with a vote of 5-2. ISSUES: ➢ The dissenting voters did not believe ten, 3 % inch tall tenant names would be visible or helpful to the traveling public and there was concern that the new sign design entirely removes the name of the building (Town Centre Plaza) from the site. a~ Planning Report - Manley Land Development June 1, 2004 Page 2 60 DAY AGENCY ACTION DEADLINE ➢ June 19, 2004 ATTACHMENTS: (1) Letter requesting continuance on page i • . o vvw D o May 26, 2004 NZ y N 1 D mc? Mary Granley C City of Eagan m 3830 Pilot Knob Road OD 3: OD -m Eagan, MN 55122-1897 ZA T Z N UM' RE: City Council Meeting, June 1, 2004 J0N Z D Dear Ms. Granley: M N I have been informed that our issue (Monument signage at 1185 Town .p N Centre Boulevard) has been placed on the agenda for City Council ° ° O meeting on June 1. Unfortunately, I will be out of town, and consequently unable to attend on that date. Is it possible that we could be moved to the agenda for the meeting on June 15, 2004? 1 apologize for the inconvenience. If you have any questions, please feel free to contact me at (651) 287- 8894, or bhelwiq@mspcommercial.net. Thank you. Sincerely, Bridget Helwig Vice President, Property Management 94fAy 2 ~ 200¢ By y a~9 ~st r Agenda Information Memo June 1, 2004, Eagan City Council Meeting G. PLANNED DEVELOPMENT AMENDMENT - DIEDRICH BUILDERS ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Planned Development Amendment to increase the berm along Diffley Road by two feet for Eagan Townhomes 3rd Addition; subject to the conditions in the Advisory Planning Commission minutes. To approve (OR direct findings of fact for denial) a Planned Development Amendment to increase the porch size for Lots 5,9, 10 and 17 and to add a two foot cantilever on the units on Lots 5,8,9, and 10. For twnhomes on Lots 5,8,9,10 and 17 Block 2, Eagan Heights 3rd Additions; subject to the conditions listed in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The site is currently under construction. • The approved decks are 8'x10' or 8'x14' and the porches are 10'x14' • Two options were proposed for Lot 17 a 0 foot setback for the deck or a wrap around deck that will encroach across the property line. • The Advisory Planning Commission held a public hearing on May 25, 2004, and is recommending approval for each lot except the setback deviations for Lot 17, subject to the conditions in the APC minutes. 60 DAY AGENCY ACTION DEADLINE • June 20, 2004 a waiver has not been signed ATTACHMENTS (2): Advisory Planning Commission Minutes page(s)c! 3 / Planning Staff Report pageQRthrough,; i~ ago City of Eagan Advisory Planning Commission Meeting Minutes May 25, 2004 Page 17 1. PLANNED DEVELOPMENT AMENDMENT - DIEDRICH BUILDERS, INC. A Planned Development Amendment to modify the final planned development plans for Lots 5, 9 and 17, Block 2, Eagan Heights Townhomes 3rd Addition, located on Liberty Lane in the SW '/4 of Section 19. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated May 19, 2004. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Member Gladhill moved, Member Bendt seconded a motion to recommend approval of a Planned Development Amendment to increase the berm along Diffley Road, by two feet for Eagan Townhomes 3rd Addition subject to the following conditions: 1. The Planned Development Amendment Agreement must be executed and recorded. All voted in favor. Motion carried 7-0. Member Gladhill moved, Member Leeder seconded a motion to recommend approval of a Planned Development Amendment to increase the porch size for Lots 5, 9, 10, and 17, and to add a two foot cantilever on the units Lots 5, 8 ,9, and 10. For townhomes located on Lots 5, 8, 9, 10 and 17 Block 2, Eagan Heights 3rd Addition subject to the following conditions: 1. The Planned Development Amendment Agreement must be executed and recorded. 2. The changes only apply to Lots 5, 8, 9, 10, and 17 Block 2, Eagan Heights 3rd Addition. 3. The changes are as specified on the submitted Site Plans. All voted in favor. Motion carried 7-0. a~~ PLANNING REPORT CITY OF EAGAN REPORT DATE: May 19, 2004 CASE: 19-PA-12-04-04 APPLICANT: Bill Diedrich HEARING DATE: May 25, 2004 PROPERTY OWNER: Same APPLICATION DATE: April 21, 2004 REQUEST: Planned Development Amendment PREPARED BY: Sheila Cartney LOCATION: West of Highway 77 north of Diffley Road COMPREHENSIVE PLAN: MD, Medium Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to increase the berm along Diffley Road by two feet and to increase the porch size for Lots 5, 9, 10, and 17, and to add a two foot cantilever on the units on Lots 5, 8, 9, and 10. For townhomes located in the Eagan Heights 3ra Addition. Located north of Diffley west of Cedar Avenue in the SW '/a of Section 19. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY There have been several Planned Developments associated with this site. One Planned Development designated this site for a water park and another for apartments. In 1995 the site was approved for a 200 unit townhome development. Most recently, Mr. Diedrich received City approval in 2002 to allow the development of 36 town homes on the 6.2 acre site. a3a Planning Report - Diedrich Builders May 25, 2004 Page 2 EXISTING CONDITIONS The site is currently under construction. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Vacant PD, Planned MD, Medium Density Development East TH 77 ROW ROW South School Dist. 191 PF, Public Facility P, Quasi Public West Super America GB, General Business RC, Retail Commercial EVALUATION OF REQUEST Proposal - When the Planned Development was approved, the Site Plan indicated the decks on the rear of the units would be 8 feet by 14 feet or 8 feet by 10 feet and the porches would 14 feet by 10 feet. The applicant is requesting to increase the deck and porch sizes on certain units. The table below indicates the proposed changes: Lot Porch Deck 5 Increase to 16 feet wide 10 feet deep No change 9 Increase to 23 feet wide 8 feet deep No change 17 Increase to 20 feet wide 12 feet deep Add side deck 5 feet wide 22' deep* * Two options were proposed for this lot, option 2 located the deck over the property line and is not permitted, option one is represented in the table. Additionally these units on Lots 5, 8, 9, and 10 will have a two foot cantilever to the rear. The applicant is also requesting to increase the height of the berm along Diffley Road; the applicant did not indicate the reason for the increase in height. The applicant is trying to provide custom built townhomes for the buyers and in doing so, some of the designs are changing not only on the exterior but internally as well. The proposed changes to the decks and porches maintain the same setbacks as proposed except for lot 17. Lot 17 is proposing a side deck which will not be consistent with other decks in this development and will have a 0 lot line setback. The appropriateness of this Amendment is to be determined by City Officials. 03-? Planning Report - Diedrich Builders May 25, 2004 Page 3 SUMMARY/CONCLUSION The request is for a Planned Development Amendment to allow deck and porch sizes to increase for Lots 5, 9, 10 and 17. The proposed changes will maintain approved setbacks except for Lot 17, which will have a 0 foot side yard setback. The applicant would like to provide custom homes to the buyers which may require some changes. The request is also to increase the berm along Diffley Road by two feet. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to increase the berm along Diffley Road by two feet for Eagan Townhomes 3rd Addition. If approved the following conditions shall apply: 1. The Planned Development Amendment Agreement must be executed and recorded. To recommend approval of a Planned Development Amendment to increase the porch size for Lots 5, 9, 10, and 17, and to add a two foot cantilever on the units Lots 5, 8 ,9, and 10. For townhomes located on Lots 5, 8, 9, 10 and 17 Block 2, Eagan Heights 3rd Addition. If approved the following conditions apply: 1. The Planned Development Amendment Agreement must be executed and recorded. 2. The changes only apply to Lots 5, 8, 9, 10, and 17 Block 2, Eagan Heights 3rd Addition. 3. The changes are as specified on the submitted Site Plans. 03~ R ~qd~'3 T t~ l36R~n /44oAl& 1F' 46-Y el~oAd) -/~/C1t~4 Sr ,~DD[~~oH,9-L ~ " E-.'~` T~h/ s~ irv Er o•,I G R ~4-~ Ord ~ P~✓ 2) L a 7` S- 15~4z c.,"e /1fai~~ c' Pz"4v lYlo~iF>c~ P~ J0 - 2.2. yz 7 -6-5-o -02 Cf ~G&3 RaQc~~3rr~ /8~c. ADD ou7'0 _OWNfRS /3c-:D4bd✓yl b) 14C-R&5756 P'nAC + 'D7~ 7-0 l6 "c,~[Dcr C): 12-1-0067 1) E'oK 7-0 y iN/nI G Ro d s~ s D E cv /Its ~sr etf~~N~- Re Q7 tl c'3 rE~ q) I N G RW4Sc D--°-Prq OF 6AS b) .4 DD 9x.~3 roLrris/~ smar o.vrd vfa,,,d fczooR,Oq .COT T?.ock 2 /ie0 0 s6- Pz~✓ rn vDlFiaD P l -D. /b - 2Z-/A -7 - / 70 -a Ge 9r✓ GAS ~{cgdt~ ~ Qp) !n1C.XeA.sa9- Size-OP ,v4RCI~ 2ak,y b)AD.D S [D F D /z ' w r D,~ a R 7 "r,JiDor G~ I JVC.QE`'c? Rmor/i✓T p DES REC171 Er; 4094 a Eagan Boundary Location Map Street Centerline O Parcel Area Building Footprint ® a. ® ® ry` °s > *66 d Subject Site Q UZI 1 ® T , L" _ i~ ® 0® ,J g a e - _ _ 03 m ~L c a B ' s f 6 S ~ ~ ® ® ~ P ba y ® a ® E`er o a f9 1000 0 1DDD 2000 Feet Development/Developer. Diedrich Builders Application: PD Amendment e No.: 19-PA-12-04-04 Prepared using ERSt Arcview 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of January 2004. City of eagan A THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Diedrich Builders Land Use Map Case No. 19-PA-12-04-04 Zoning Map PD i Current Zoning: GS ® G P PD 0=0 E= Planned Development N YI t r 0 PF PD d t a 3 x a coo o coo t:oo Nat PF Pr Comprehensive Guide Plan Land Use Map IND = Single Famil MD RC FQF Current Land Use Designation: 7 RC MD C Medium Density Residential 4-12u/a MC d r QP GC F m i i L r h D I I Qp coo o cue 120e c..i CI P el b e m nforrnation providedry Dakota County Land Sway Departmert June 2001. N Zoning information maintained byrity StaK City of Eagan i THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E Community Development Deparfinenf The City of Eagan and Dakota County do not guarantee the accuracy of this information. S ROBE DIEDRICH BLDRS. CONSULTING PLANNERS and LAND~ SURVEYORS PROJECT NO. 12121.00 PCOMPRNY NGINEERING BOOK ,INC. PAGE 1000 EAST 146th STREET, BURNSVILLE. MINNESOTA 55337 PH 432-3000 CERTIFICATE OF SURVEY Legal Description: LOT 15, 16, AND 17, BLOCK 2 EAGAN HEIGHTS TOWNHOMES 3RD ADDITION, DAKOTA COUNTY, MINNESOTA. 899_5 DENOTES EXISTING ELEVATION ~9ao. DENOTES PROPOSED ELEVATION INDICATES DIRECTION OF SURFACE DRAINAGE 901 17 = FINISHED GARAGE FLOOR ELEVATION 894-.17 = BASEMENT FLOOR ELEVATION 17 7- .17 = TOP OF FOUNDATION ELEVATION SCALE : 1" = 30' ADDRCSSc$: LOT 15 - 2196 LIGEM lAUE LaT AREA = 1644.7 r,,.Fr. LoT 16 - 2198 DgEeN L4rJE 40' AREA = 23.Z 3.9sy.Fr. L07 I7 - ZZOO LIBER7y LANE d°r AREA A644.7Sq Fr. E"-,D P[,4T L/~/E i'e`rr B acs i (+r_6 ~3J~ ST. \ Iz.e I u 073) S89'53'52"W° I 4O 62.97 95.5 893.0) 1 1 11ue.89d8r r9$A(893.7 Hv9_895.A6 1 K 1 <a6 m 13.14 r_7 l ~m18.62 0o 41.83 ow IS F 15 m ` 3000 LIJ 1°-ao 0 L/) W 00 3~ d l I 1, ^ 8.00 a Z -1 O,. 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PLANNED DEVELOPMENT AMENDMENT - MSB TIRES (TIRES PLUS) ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Planned Development Amendment to allow a vehicle maintenance repair service (Tires Plus, Oil Lube) on Lot 1, Block 1, Oak Cliff 9th Addition; subject to the conditions listed in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The site is currently vacant. • In 2000, a Planned Development Amendment was approved to allow a retail strip center. • The proposal was reviewed under Neighborhood Business zoning standards and complies with all the requirements except for the green space requirement and pylon sign spacing. • Staff has worked with the applicant on the location of the building. It has been agreed that the building will remain as proposed, but window will be added to the west side of the building to give an architectural relief and to appear as a side rather than a rear • The Advisory Planning Commission held a public hearing on May 25, 2004, and is recommending approval subject to the conditions in the APC minutes. ISSUES: • The pylon sign does not meet the 300 foot spacing requirements, the APC recommended the pylon sign be consistent with the Super America and Penn Cycle sign in size and height, which ever is smaller. • A 10 square foot directional signage was approved for the Oil Lube. • The APC recommended no window signage be permitted. 60 DAY AGENCY ACTION DEADLINE • June 20, 2004 a waiver has not been signed ATTACHMENTS (3): Advisory Planning Commission Minutes page(s) L13 Planning Staff Report pageg2yArough2$;~ Revised building elevations on pageQA0 City of Eagan Advisory Planning Commission Meeting Minutes May 25, 2004 Page 18 J. PLANNED DEVELOPMENT AMENDMENT - MSB TIRES, LLC A Planned Development Amendment to allow a vehicle maintenance and repair service on Lot 1, Block 1, Oak Cliff Ninth Addition, located at 2270 Cliff Road in the NW'/4 of Section 31. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated May 18, 2004. She noted the background and history. Jim Diamond MSB Tires discussed the building materials and the design of the building. He stated the building is smaller with more greenspace than previously proposed. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Member Leeder stated preference that the pylon sign be similar in height to those in the surrounding area. Member Gladhill asked that no windows or garage door signage be allowed. Member Leeder moved, Member Hansen seconded a motion to recommend approval of a Planned Development Amendment to allow a Tires Plus and oil lube business for property locate at 2270 Cliff Road, Lot 1, Block 1, Oak Cliff 9th Addition subject to the following conditions as amended: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: a. Final Site Plan b. Final Landscape Plan c. Final Building Elevations Plan d. Final Signage Plan e. Final Lighting Plan 3. The proposed Tires Plus and Lube shall match the adjacent Super America and Penn Cycle stores both in color and materials. 4. Signage is limited to the Final Signage plan, additional signage will warrant a PD Amendment. 5. All rooftop mechanical equipment shall be screened from view of all public rights-of-way and adjacent properties. 6. A revised Site Plan shall be submitted reflecting a minimum of 39 22% green space. 7. The pylon sign shall not have sign area or sign height that exceeds the smaller of the existing pylon signs for Super America or Penn Cycle. City of Eagan Advisory Planning Commission Meeting Minutes May 25, 2004 Page 19 8. The applicant shall provide evidence, in a form acceptable to the City Attorney, of private drive easement serving this property. 9. The developer shall be responsible for a cash park and cash trails dedication at the time of building permit. 10. Window signage (except open/closed and hours of operation) shall be prohibited. 11. A ten square foot directional sign for the oil change facility shall be allowed as proposed by the applicant. I Member Bendt voted Nay solely because of the condition prohibiting' window signage. All others voted in favor. Motion carried 6-1. PLANNING REPORT CITY OF EAGAN \ REPORT DATE: May 18, 2004 CASE: 31-PA-13-04-04 APPLICANT: Scott McPhee HEARING DATE: May 25, 2004 PROPERTY OWNER: Brad Schafer APPLICATION DATE: April 21, 2004 REQUEST: Planned Development Amendment PREPARED BY: Sheila Cartney LOCATION: 2270 Cliff Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a Tires Plus store and an Oil Change Lube service for property located at 2270 Cliff Road, Lot 1, Block 1, Oak Cliff 9' Addition. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The subject site is part of the Winkler/Jackson Planned Development that was approved in July of 1982. The original PD overlays 92 acres of land south of Cliff Road and west of TH 77 and included a mixture of commercial and residential uses. In 1991, the adjacent Super America was developed while Penn Cycle, which also borders the site, was developed in 1995. Planning Report - Tires Plus May 25, 2004 Page 2 In 2000, the City approved a Planned Development Amendment for the subject site to allow a retail strip center. EXISTING CONDITIONS The subject site is presently a vacant, platted lot. The property was rough graded as part of a previous area development. Oak Cliff Lane which borders the property on the south is a private street which was constructed to provide internal access within the commercial development as part of the Oak Cliff 7th Addition. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Cinnamon Ridge PD, Planned HD, High density a artments/townhomes Development residential 12+ u/a East Service station PD, Planned RC, Retail Development Commercial South Alliance PD, Planned RC, Retail building/Restaurant Development Commercial West Penn Cycle PD, Planned RC, Retail Development Commercial EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject site is bounded on the south, east and west by commercial uses. While the proposed Tires Plus/oil change use represent change from the allowed retail strip center, it is considered to be of similar, if not a lower, intensity and based on design, may be compatible with uses in the area. Bulk Standards - Since the original development used NB, Neighborhood Business as its guide, this proposal is reviewed under the NB, Neighborhood Business district minimum and maximum standards. Although the rezoning request is for Planned Development zoning. Setbacks - As the table below indicates the proposal meets all of the NB standard setback requirements. Setback requirements are not established in a Planned Development zoning. Setback Building Parkin Ordinance Proposed Ordinance Proposed Front yard: Cliff Road 50 feet 63 feet 20 feet 20 feet CQ ~s" Planning Report - Tires Plus May 25, 2004 Page 3 Front yard: Private Streets 20 feet 26 feet 20 feet 20 feet East Property Line 10 feet 86 feet 5 feet 24 feet Building Coverage - A maximum of 20 percent of the lot is allowed to be covered with buildings. The site plan indicates the total building coverage is about 16 percent. Green Area - A minimum of 30 percent of the site is required to be green area. The proposal will maintain 22 percent green area for the entire site. Policy makers should determine if this deviation is acceptable. Building Height - Building height is limited to 30 feet in height. The Elevation Plans indicate the building height will be about 18 feet. Site Plan - As proposed, the building is situated in a north/south position with the bay doors to the east, and the oil lube to the west. The main entrance is angled toward the northeast. The parking is on the east side and the stacking for the oil lube is on the west side facing the entrance to Penn Cycle and toward the banquet facility entrance to the south. The entrance of Tires Plus is facing the rear of Super America to the east which includes the stacking area for the carwash. Staff suggests rather than having Penn Cycle face the back of the proposed Tires Plus, and Tires Plus facing the rear of Super America; that the Tires Plus proposed building be relocated to the east side of the lot with parking on the west side. This would allow for two backs (Tires Plus and Super America) to face each other and three entrances (Penn Cycle, Tires Plus, Banquet) to face each other. The stacking of the car wash and proposed oil lube would then abut each other. Landscaping - The Landscape Plan appears acceptable. A revised landscape plan should be submitted for the PD Agreement that does not indicate plantings on the trail to Cliff Road. Building Materials - According to the submitted building elevations, the proposed Tires Plus is to be Brick Veneer accented with rock face block and EFIS entrances. Specific building colors have not been specified. The City Code does not establish specific building material requirements for structures within Planned Development zoning districts. As a Planned Development however, the City has the ability to impose specific building material requirements. Considering the Penn Cycle and Super America (which border the subject site) exhibit identical finished colors and materials, it is recommended that the proposed Tires Plus/oil lube match such buildings in both color and materials. Mechanical Equipment - No rooftop equipment is shown on the submitted plans. Any rooftop equipment should be screened from view of all public rights-of-way and adjacent properties. Trash Enclosure - The trash and recycling containers are proposed to be stored inside theTires Plus building. a Planning Report - Tires Plus May 25, 2004 Page 4 Parkin& - The Ordinance requires at least four off-street parking spaces plus two off-street . parking spaces for each service stall. The Tires plus has eight bays and the oil lube has four, which require a total of 28 parking stalls. The submitted site plan indicates 41 parking stalls. Site Lighting - The lighting plan indicates 7 freestanding lights onsite. The lights are proposed to be 21.5 feet in height. Additional building mounted lighting may be necessary at the main entrance and near the Tires Plus bays. All lighting should be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic. Signage - A pylon sign is proposed for Tires Plus and the oil change operation. The proposed location is within 300 feet of another pylon. The proposed sign is within 280 feet of the Super America sign and 290 feet from the Penn Cycle sign; Staff suggests that perhaps a monument sign would be a better fit for this property. The pylon sign is proposed to be 27 feet tall and about 110 square feet. The sign code allows for a 27 foot tall pylon with a sign area of 125 square feet. There was also freestanding directional signage included with the application, however the applicant indicated they would not be using that signage at this location. The proposed building signage complies with code requirements. The signage is as depicted by the submitted sign plans and will become part of the Planned Development Agreement; any other signage will require a Planned Development Amendment. SUMMARY/CONCLUSION The applicant is requesting a Planned Development Amendment from a strip retail use, to allow a Tires Plus and oil lube business. The site was reviewed under Neighborhood Business zoning standards and complies with all requirements except for the green space requirement and pylon sign spacing. Staff suggests the building be relocated to the east side of the lot in order to have business fronts face each other rather than back to front views from the adjacent developments. Additionally policy makers should determine if the deviation from green space and pylon sign spacing standards are acceptable. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a Tires Plus and oil lube business for property locate at 2270 Cliff Road, Lot 1, Block 1, Oak Cliff 9th Addition. If approved the following conditions shall apply: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: a. Final Site Plan b. Final Landscape Plan c. Final Building Elevations Plan d. Final Signage Plan e. Final Lighting Plan a~ 1 Planning Report - Tires Plus May 25, 2004 Page 5 3. The proposed Tires Plus and Lube shall match the adjacent Super America and Penn Cycle stores both in color and materials. 4. Signage is limited to the Final Signage plan, additional signage will warrant a PD Amendment. 5. All rooftop mechanical equipment shall be screened from view of all public rights-of-way and adjacent properties. 6. A revised Site Plan shall be submitted reflecting a minimum of 30% green space. 7. The pylon sign shall be reduced to a monument sign. 8. The applicant shall provide evidence, in a form acceptable to the City Attorney, of private drive easement serving this property. 9. The developer shall be responsible for a cash park and cash trails dedication at the time of building permit. Narrative Discussion - PD Benefits: Application for Planned Development Amendment Property: Address: 2270 Cliff Rd. Legal Description: Lot 1, Block 1, Oak Cliff Ninth Addition PI D#: 10-53558-010-01 Applicant: MSB Tires, LLC What impact does the planned development amendment have on the surrounding property and land uses? The proposed uses are compatible with the neighboring businesses and reasonably separated from residential areas. The use fits within the neighborhood business concept of servicing customers from the nearby surrounding area. Most customers will live or work within a 2 mile radius. (Nearby Tires Plus locations are 4 miles to the northeast,` south and southwest of this location.) The services provided are the regular vehicle maintenance and repair services that we all use on a regular basis and prefer to have within convenient access. The site plan is very compatible with the existing uses. The Tires Plus portion of the building is oriented to minimize the impact of the service bay doors on Cliff Rd. traffic or the apartments across Cliff Rd. It faces a blank wall of SuperAmerica and their car wash stacking area. The stacking area for the oil change is behind the building away from Cliff Rd. The Cliff Royal and Alliance Medical properties provide separation from the residential areas to the south and the active areas of this building are focused away from that area. Traffic volumes are fairly low for these uses and dispersed over the full day, minimizing traffic conflicts with surrounding uses. They do not experience the traffic peaks of the banquet hall or the convenience store/gas stations. In that sense, these uses are preferable to uses such as a strip retail facility with sandwich shops or video stores with more concentrated traffic peaks. The exterior elevations are being coordinated with the elevations of the SuperAmerica and Penn Cycle. This will provide a coordinated appearance on Cliff Rd. The buildings are single level and similar in size and scale to the neighboring buildings. What impact does the planned development amendment have on the subject property? The proposed development is suitable for the proposed site. The site is generally level with a drop in elevation along the east side near SuperAmerica. It had been graded as part of the neighboring developments. A small retaining wall will transition that grade. C i The site has been vacant for many years. It does not have any trees or wetlands and is currently covered by rough grasses and weeds. The site will be fully landscaped with an irrigation system as part of this development, including substantial landscaping on the Cliff Rd. frontage. Since it is the final lot in the development, the development and landscaping will result in a finished appearance for the development. The building coverage will be about 16% with single story buildings, like its neighbors. This site has been vacant for many years. The proposed businesses can function with the indirect access provided for this property, while some commercial uses would not be viable with that access. What impact does the planned development amendment have on City services such as sewer, water, storm water run-off and roads? All City services have previously been installed to the lot, as well as a system of private internal drives. No unusual sewer or water demands are required. The storm sewer detention ponding to service the development was also installed previously. The development will connect to these existing services and not require extension of new services. Entry to the site is from the internal private drive system for the development. This system includes a "right in only" access to the drives from Cliff Rd. and full directional access from Slater Rd. There is no direct exit from the private drives to Cliff Rd. Exiting traffic will use Slater Rd. from the private drives and enter Cliff Rd. at the signalized intersection with Slater Rd.. The low volume of traffic and lack of peak hour impact will minimize the impact on either Slater or Cliff Rd. Does the requested land use proposed by the amendment result in a better use of the land? Explain. This development will result in a positive use of this land for several reasons. • It is compatible with the adjoining commercial uses. • It will have limited traffic impact on nearby roadways. • Unlike some types of businesses, it will not aggravate the traffic peaks from two of the neighboring uses. • The buildings are oriented to minimize visual or noise impacts on neighbors or Cliff Rd. • The exterior elevations of the building are coordinated with the adjoining Cliff Rd. buildings. • This will also complete the development of this commercial area, resulting in a cleaner, fully landscaped appearance for the area. , S -6 Eagan Boundary Street Centerline Location Map Parcel Area Building Footprint -0 -S a N TflTT p 4 8 g El 13 am 0 d o / f p Ja• E3 E-M t 7 Sub'ect Site Liz e ® m , .o cI cs t3 4a w*aq i'j' p / mm / r~ q 621 i 1000 1 0 1000 20DO Feet Development/Developer: MSB Tires Application: PD Amendment e No.: 31-PA-13-04-04 N ap Prepared using ERSI ArcView 3.7. Parcel base map data provided 2<' i`a by Dakota County Office of GIS and Is current as of January 2004. THIS MAP IS INTENDED FOR REFERENCE USE ONLY w+ 13 city of eagan 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 MSB Tires Land Use Map Case No. 31-PA-13-04-04 Zoning Map y~ Sc PD S Location Current Zoning: cs PD PD PD "Sc Planned Development T NA PD 9m R AG 2 2 'i O 1 000 0 800 1200 Feet Comprehensive Guide Plan y Land Use Map D Location c ER( QP P RC RC RC R Current Land Use Designation: O/s RC Retail Commercial Oils L v m L x O .J 000 0 000 1200 Feet P A~nfa,an.tlcm provide,by Dakota County Lend!l ey Department June 2007. 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CABINET: SIDES: 1 DOUBLE FACED SIGN, 27' OVERALL HEIGHT COLOR: Black EXTRUSION: Aluminum cobinet RETAINER: 1.5" 8+ O,LAMPISI: HO lamps B I T: See Schedule UL LISTED O FACE: - ~A WHITE LEXAN WITH VINYL COPY p~ -Vol COPY: "Tires Plus' - Black w/ white inline detail r YiOHQt n 'Total Car Care' - Red 3M3630-33 (vinyl color) 5 O C7 Swoosh (all vinyl colors) -03M3630-015 Yellow i I 31V13630-83-Regal Red 3M3630-33-Red 3M3630-44-Orange 3M3630-84-Tangerine COPY: FONT: Custom logo 12" POLE )VERALL HEIGHT OF ^ AFE!:CEE'1: ~•i' WE FILE NAME- EXFrE55.0404 SCALE 11-LME-:.SK-I;,, DA11- 04119&)4 Jae€OCAION- = 7-0" giss int r• REVISION- A CONTACT- = ~4mIR~0eLLn6E ° " ARTIST- AJC- SALESMAN- DRUCEC 5-o' r. i i r t a - t t • t r' l il't I 4 I f 11 All ~1 'ti ' 1 ~ I f i f ~f 1 f i' A- -111 leg I MJdX3110 GNV sn1d 63811 id t¢ a r' i1~( 6;1 6~ M WK~ O} Z q ~ q z 4 a~ ag a~ ag > 6 > of Y d ~ J ~ u14 _ g . 7 T o o .e 4 ~ A s Hill 111111111011171 jff" yl > 88 79 } ~~@ _ ~ gypp... 6 S a~ it W z~ LL A ®m®®®® m® O® ~V -'L MEMO city of eagan TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 28, 2004 SUBJECT: INFORMATIVE UPCOMING MEETINGS / EVENTS WEEK OF MAY 31- JUNE 4 Monday, May 31 City Offices will be closed to recognize Memorial Day Holiday Tuesday, June 1 4:45 p.m. Personnel Committee Mtg/Mayor Geagan, Councilmember Carlson 6:00 p.m. Listening Session / City Hall Eagan Room 6:30 p.m. Regular City Council Meeting / City Council Chambers Wednesday, June 2 6:00 p.m. Nicollet Commons Park Dedication (invitation by the City of Burnsville - see attached on page) Thursday, June 3 8:00 a.m. Chamber of Commerce/Mayor's Breakfast @ Commons on Marice Thursday, June 3 4-7 p.m MNCOME & Interstate Partners Open House @ 880 Blue Gentian Rd City Councilmembers received an invitation-see attached on page366 . Future Meetings: Tuesday, June 8 5:30 p.m. Special City Council Worksession Thursday, June 10 Noon-early LMC City Exchange Program with Avon, MN evening Tuesday, June 15 Mid-morning LMC Exchange-City of Avon will be @ City of Eagan 6:00 p.m. Listening Session / City Hall Eagan Room 6:30 p.m. Regular City Council Meeting / City Council Chambers Thursday, June 17 11:30 a.m. Municipal Legislative Commission Board of Directors Mtg/ - 1:30 p.m. Woodbury - Mayor Geagan 1:00 p.m. Noise Oversight Committee/Councilmember Fields Tuesday, June 22 8:30 a.m. Ron Maddox, Mayor Kelley meeting @ Eagan City Hall to acknowledge Eagan's recognition in 2004 Taste of MN Saturday, July 3 9:00 a.m. 4 b of July Parade Sunday, July 4 10:00 p.m. Fireworks Tuesday, July 6 6:00 p.m. Listening Session / City Hall Eagan Room 6:30 p.m. Regular City Council Meeting / City Council Chambers Tuesday, July 13 5:30 p.m. Special City Council Worksession Tuesday, July 20 6:00 p.m. Listening Session / City Hall Eagan Room 6:30 p.m. Regular City Council Meeting / City Council Chambers INTERGOVERNMENTAL LMC FRIDAY FAX n Enclosed on pages throug his a copy of the LMC Friday Fax. a6~ MUNICIPAL LEGISLATIVE COMMISSION END OF SESSION UPDATE Enclosed on pages through c2.2~ is a "quick" summary of MLC initiatives that did or did not pass in the 2004 regular legislative session. METROPOLITAN COUNCILIREGIONAL POLICY INITIATIVE CONFERENCE A special thanks to Mayor Geagan for attending the Regional Policy Initiative Conference sponsored by the Metropolitan Council held on Wednesday, May 26, at the University of Minnesota St. Paul Campus. For a copy of the itinerary on topics discussed at the conference, refer to page HIGH PERFORMANCE PARTNERSHIPS/EXECUTIVE SUMMARY Enclosed on pages=through a~ffis a copy of an Executive Summary of the High Performance Partnerships Best Practices/Literature Review that was distributed to all the cities in Dakota County for their sharing with City Councils. The City Administrator and Assistant to the City Administrator have been participating in a series of meetings where the initiative to pursue Dakota County High Performance Partnerships Project has been proceeding. A citizens forum was held on May 6, at the Rosemount Community Center at which residents from all Dakota County cities participated. For a copy of topics that were offered by this group as potential partnerships, refer to pages through -*206 There will be focus group meetings held in the near future in each of the cities to further discuss partnership opportunities. MVTA MEETING SUMMARY Enclosed on pages air through is a copy of the May 26 MVTA Meeting Summary. GENERAL WALKABLE COMMUNITIES WORKSHOP Enclosed on page;~ is a memo from Pat Stieg of the Dakota County Department of Health sharing his appreciation for Eagan's efforts related to the Walkable Communities Workshop that took place this past April 21, 2004. Additionally, it should be noted that - the workshop was a success in part due to the involvement, expertise, and contributions shared by Jeff Asfahl, Jon Hohenstein and Russ Matthys as part of the workshop. "WALKING A MILE" CITY OFFICIAL EXCHANGE PROGRAM The City of Eagan is one of twenty four communities participating in the "Walking a Mile" City Official Exchange Program being sponsored by the League of MN Cities. The purpose of the program is to promote greater awareness, stronger relationships, and better understanding between cities of various circumstances. Enclosed on pagehrouglis a brief summary of the exchange program. On June 5, City Administrator Hedges will travel to Avon, Minnesota, a city of 1,270 residents that is located west of St. Cloud in Stearns County. Likewise, the City Manager of Avon will travel to Eagan on June 15. Both managers will have the opportunity to witness first hand the similarities and differences between the two communities, and take back lessons learned to their respective communities. a(go A TASTE OF MINNESOTA / EAGAN PARTICIPATION A Taste of Minnesota is billed as the largest free festival on the mighty Mississippi, and this year Eagan was asked to play a role in the celebration at no cost to the City. Many folks will remember Taste of MN being held at the State Capitol, but it is now held along the Mississippi River, July 1-5 from 11:00 a.m. to 10:40 PM each day. Eagan was nominated by Xcel Energy to be one of its four Honored Cities, which means that on Thursday, July 1 Eagan will have a booth at the festival where visitors can learn more about the City. Following Memorial Day, the City will be in discussions with the Eagan Convention & Visitor's Bureau and the Northern Dakota County Chambers of Commerce to see how best to utilize and staff the booth. NOTE: Official Taste Delegation to Visit Eagan Officials in June. To kick off the "Honored Cities" program, which is sponsored by Xcel Energy, A Taste of Minnesota officials and dignitaries will tour the Honored Cities on Tuesday morning, June 22. Making the tour will be Saint Paul Mayor Randy Kelly; St. Paul City Council President Dan Bostrom; John Labosky, president of Capital City Partnership, which owns Taste; festival general manager Ron Maddox; and others. In addition to the fireworks each evening, the highlight of this year's Taste event is on July 3, because the route of the original Grand Excursion of 1854 from the Quad Cities in Iowa & Illinois to Minnesota is being retraced by river boats and will arrive in St. Paul on that day. Directions: Take 35 E North to the Kellogg Blvd. exit and turn right. Kellogg runs right by the festival. Most activities take place on Harriet Island. COMMUNITY DEVELOPMENT UPDATE Enclosed on pages 29g-, is the Protective Inspections monthly and year to date report for April. Numbers are down slightly from last year, but values are up, particularly due to the $8.8 million West Group Data Center addition. Also enclosed on pages '30.2_ is an article from the Business Journal indicating that Dakota, Hennepin, Washington and Olmsted Counties are among the twenty best in the nation for quality of life based on a study by the American City Business Journals. Among the criteria rated were long term residency, household income, homeowner rate, length of commute, use of transit, relative diversity, property taxes and poverty rate. Also enclosed on pages is a copy of the Maxfield Research quarterly newsletter discussing the interrelationship between household income, home price and mortgage interest rates. NDCCC 2004 BUSINESS EXCELLENCE AWARDS At its Business Excellence Awards Luncheon on May 20th, the Chamber of Commerce recognized Eagan Shirt Werks, Grazzini Brothers, Proact Inc. and West among the award winners for the year. In addition to their success as local businesses, the awards consider efforts by the companies to build our business and residential communities through support of community organizations, volunteerism and other activities. 6 663 NEWSPAPER ARTICLES Enclosed on pageswthrough,3 15are copies of newspaper articles which recently appeared in local papers. Thomas L. Hedges City Administrator 06Y $ C) O g Ln a.. d 2N<w? - A4 Q~ co O M A O * N E .-J A L. N y .41 z ~ CS W d 1` ca CU v x CIO = ) C13 c _ 10 o - y Cv o - * Q p~ n -2 n * O r C d Y ^ - iM eS Gp 1 ca 0 O J I Z H QaC~ 92 La Ccl-La U r _ - ~ Jam" 0) a~ HOC V E - C= OAS Q. d fy Umgm' - ~ 7- a-oet C-11 camhw d my S= ca c c M m 3 d I CSS d <C L° m y1 ' ca co C~ =0 E Lo 00- co cm E -t a :2 a) U c>3 C of Co m L° E J„ L m O F- O co vi O c. 0 m o io d .c 4°. a r- 0 o~i m > 0 3 m= o a w ca =3 cu cc °0.' .c o z g' v ~ ~ -O1 d `C +d- 1+ G. Q p t s obi °c' c a y v co ~ ° ~ a CO d V co cn C? "O e d L m 4~6 ° d 0 F.- 0 .2 Co ca cu 0 ca CO m cc o c 3 c 0 =E E co N CC o> O E co a. m 3 0 , c w ~ eg l)~f- ^r- Cl) k 0 Co cy) O 0 y , O m v _E y E d U w Q al Qo C'I p~ CC to @ V Lt] Q) M F- Q) anauaatl 181100IN N O O CZ O V - Ca CM 0 O r U 0 C, O anuanV ^99111d ¢ U U O p~f„ li ..O CQ r % :x . to N C CA C/o co oU)i O d U .C Co Co 21 Z804 13:58:11 Via Fax Administrator Page 881 Of 88Z -Frida Fax- L- MC~ y Cities Ail- .~..~~w.r.,r r A weekly legislative update from the League of Minnesota Cities May 21, 2004 Page 1 Will there be a fourth straight special the Legislature's lack of agreement on the session? budget deficit. In the last days of the session, the governor indicated he was withholding the The 2004 regular session is just days behind us, transfer of funds to the Health Care Access but the question of whether there will be a Fund and making reductions in state agencies special session has been a topic of intense to resolve $97 million of the deficit. discussion among Capitol watchers. After going into special session to complete their At Monday's press conference, Governor work in 2001, 2002 and 2003, many legislators Pawlenty announced he would complete the and lobbyists felt that the divisiveness this year task by using an additional $30 million in funds between the House and Senate might be the end destined for the Health Care Access Fund, to the negotiations on the unresolved issues. increasing tax collections by $7 million through However, in the days since the session's increased Department of Revenue compliance conclusion, the governor and caucuses have measures, and delaying until August the sale of already begun giving their analysis of the more than $300 million in state bonds that were session, and identifying possible issues that previously authorized and scheduled to be sold could be addressed in a special session. in June. Although the governor's actions will balance the immediate state budget deficit, late When the Legislature convened the regular this week it was revealed that his solution session on February 2, lawmakers would actually increase the projected 2006-07 optimistically talked about a quick session with projected deficit more than previously only a few major issues on the agenda-- expected. including a resolution to the state's projected $160 million budget deficit, a capital projects Regardless of whether the governor ultimately (bonding) bill, tougher sex offender statutes, calls a special session, the $160 million deficit and legislation to construct stadiums for the that confronted lawmakers this session is Twins, Vikings, and possibly the Gophers. considered by many to be the tip of a looming fiscal iceberg. According to the Department of Since the session's Sunday morning Finance in its February budget forecast, the adjournment, many interest groups and causes 2006-2007 state budget projections show have started lobbying the governor's office and expenditures exceeding revenues by at least legislative leadership hoping to resurrect a $441 million. While that figure includes bonding bill. In addition to the many expected increases in tax revenues over the local/regional projects in the bonding bills, next two-year budget period, it does not include there are numerous state agency programs that inflationary pressures on state expenditures. rely on bonding dollars to implement their According to the department's projections, mission. Some of the biggest users of bonding normal inflationary pressure on expenditures are the DNR, DEED, and MnDOT. could increase the effective deficit to more than $1 billion. On Monday the governor announced that he was taking action to resolve the state's immediate $160 million deficit in response to For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations learn. 651.281.' Q25.1122 C26_70/ May 21 Z004 13:5B:52 Via Fax Administrator Page OOZ Of 002 L -FredayFax- M U Zm~~..• of .tilinu.rcla lrNcs ..n..... A weekly legislative update from the League of Minnesota Cities May 21, 2004 Page 2 Friday Fax hiatus In the meantime, if you have an inquiry about the fate of a specific piece of legislation, please As usual, with the end of session comes the end contact any IGR staff. of the Friday Fax for the year. You can rely on the Cities Bulletin, the League's website, and House committee chair changes for our periodic legislative listserv messages for 2005 updates on legislative information. Should a special session become a reality, expect to see In the House, there are term limits for the Friday Fax in your inbox. If you are not on committee chairs-and starting next session the legislative listserv and would like to be, four representatives will be affected by the term sign up via the website at limits currently set in the House Rules. They http://www.Imnc.org/forms/listserv.cfm. are Rep. Ron Abrams (R-Minnetonka)-Tax Listserv membership is limited to city officials committee chair, Rep. Greg Davids (R- and staff. Preston)-Commerce, Jobs and Economic Development policy committee chair, Rep. Jim 2004 Law Summaries Rhodes (R-St. Louis Park)-Governmental Operations & Veterans Affairs policy Each year after the conclusion of the legislative committee chair, and Rep. Alice Seagren (R- session, the IGR staff compiles a summary Bloomington)-Education Finance committee booklet of new laws of interest to city officials. chair. Although we are in the process of drafting that summary booklet, the governor has not yet Of course, much could and will change on the dealt with all of the legislation passed by the scene for the 2005 session. The entire House is legislature during the 2004 session. In fact, at up for reelection. The House could make the end of the biennium, the governor has two changes to their Rules and change the term weeks to act on a bill once the bill is presented limits-or change the names and jurisdictions to him, meaning we might not know the fate of of committees for that matter. No doubt some many of the bills until early June. of the current chairs not affected by term limits right now will take over some of the We expect to have a version of that available committees mentioned above, thus vacating via the Bulletin sometime in mid-June, with a their current committee chairs. Should a booklet version and the information available special session occur before 2005, in all via the League's website shortly thereafter. likelihood these chairs would stay in their Any special session this summer or fall would current committee to complete any necessary necessitate the need for an update or addendum work. to the summary. As things stand now, the largest component of the law summaries might be the section entitled "what did not become law." For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651.281.12 onn 015.1122 ~6~ Municipal Legislative Commission End of Session Update The 2004 Regular Legislative Session ended without major bills being passed, however some legislation of interest will be signed into law. Below, please find a "quick" summary of MLC initiatives that did or did not pass. Passed ARMR Initiatives 1) Fees Bill (HF 2103/ SF 2273) The compromise includes a provision that requires fees related to planning and zoning applications to have a "nexus" to the actual cost of the services for which the fee is imposed. HF 2103: http://ww3.house.leg_state.mn.us/hrd/bs/83/HF2103.htmi SF 2273: httr)://www.senate.Iea.state.mn.us/Departments/scr/billsumm/2003- 2004/senate/regular/Sf2273.htm 2) Building Moratoria (HF 2021 / SF 2274) The League reached an agreement with ARMR allows an extension for 120 days beyond the time needed to comply with a process or approval required by state statute, federal law or court order, but not to exceed and additional 18 months. HF 2021: httip://ww3.house.leg.state.mn.us/hrd/bs/83/HF202l.html SF 2274: http://www.senate.leci.state.mn.us/Departments/scr/billsumm/2003- 2004/senate/regular/Sf2274.htm 3) Non-conforming Use (HF 2057/ SF 2274) Both sides agreed to leave the 50 percent damage threshold in tact, but only if the owner of the damaged non-conforming property fails to apply for a building permit within 180 days of when the property is damaged. Under this agreement municipalities could also impose reasonable conditions to mitigate newly created impacts on adjacent property. Conference Committee Report: http://www.revisor.leg.state.mn.us/unoff/senate/ccr/ccrsf2274.html Local Government Procurement (HF 1717/ SF 1790) The approved legislation would update municipal contracting laws to give local units of government more flexibility, allow greater use of technology, and minimize burdensome requirements. It also authorizes municipalities to use reverse auctions to purchase supplies, materials, and equipment and clarifies that local governments may accept bids and quotes electronically. HF 1717: http://ww3.house.leg.state.mn.us/hrd/bs/83/HF1717.html SF 1790: httr)://www.revisor.leg.state.mn.us/cai- bin/g_etbill.pl?version=latest&session=ls83&session number=0&session year=Reau&numbe r=sf 1790 Publications (SF 2067/ HF 2270) Signed by the Governor and filed with the Secretary of state; its effective date is August 1 St, 2004. SF 2067: httr)://www.revisor.lea.state.mn.us/cai- bin/ eq tbil1.pl?version=latest&session=ls83&session number=0&session year= Reau&number=sf2067 HF 2270: http://www.revisor.lea.state.mn.us/cai-bin/bldbill.pl?bill=H2270.2&session=ls83 ALOHA - Affordable Life Cycle Housing Determination (SF 2127) SF 2177: httr)://www.revisor.lea.state.mn.us/cai- bin/aetbill.pl?number=SF2177&session=ls83&version=latest&session number=0&session year=2004 Conference Committee Report: http://www.revisor.lea.state.mn.us/unoff/senate/ccr/ccrsf2177.ht ml Did Not Pass ■ Eminent Domain (HF 1901 / SF 2037) ■ Levy Limits ■ Cuts to MVC ■ TABOR ■ Fiscal Disparities Study • LGA Funding ■ Public Finance Bill, including: tax abatement, capital notes software, housing improvement districts, capital improvements for street improvements, extend sunset for special services district • Business subsidies (HF 3074/ SF 2674) ■ County plat approval for road projects ■ Changes to pay equity reporting ■ Salary cap changes ■ Changes to limited market value ■ Inverse condemnation for government taking ■ Homeowner Protection Act (HF 1801) ■ City regulation of retail sale of tobacco (HF 561) ■ Initiative and Referendum ■ Wine in grocery stores ■ Administrative fines ■ Pension eligibility for disabled police/fire ■ Lake Elmo comprehensive plan changes ■ Transportation utility authority ■ Local sales tax option -2-n 1 ■ TIF changes -3- ~ ~U REGIONAL POLICY INITIATIVE CONFERENCE Continuing Education Center University of Minnesota, St. Paul Campus May 26, 2004 Proposed outcomes of conference: 1) Agreement among participants on the settled questions. 2) Discussion among participants about open questions facing the region. 3) Plan for next steps in Regional Policy Initiative Participants: Metro Council members, legislators, local and county officials, state government officials, business community, community organizations, university faculty Conference Agenda: 7:45 Continental Breakfast and Registration 8:15 Welcome and Introduction J. Brian Atwood, Dean, Humphrey Institute, University of Minnesota 8:30 Introduction to Interactive Voting Technology Ken Darling, Express Interactive Solutions 8:45 Overview presentation - Regional Growth Trends and Forecasts Michael Munson, Research Analyst, Metropolitan Council 9:30 Settled Questions Discussion Rip Rapson, President, McKnight Foundation, moderator 10:30 Break 10:45 Open Question #1: Are public policies driving up the cost of land and housing? Peter Bell, Chair, Metro Council, moderator Tom Stinson, Professor, Applied Economics, University of Minnesota, and State Economist Mark Ulfers, Executive Director, Dakota County Community Development Agency To be selected 11:45 Break for Lunch 12:30 Luncheon Speaker Topic: How are Cities and Regions Changing? Bruce Katz, Founding Director, Center on Urban and Metropolitan Policy: Economic Studies, and Vice President, The Brookings Institution 1:15 Open Question #2: How does the Region strike a balance between encouraging development that allows for cost effective delivery of services and a planning process that allows for local choice? Peter Bell, moderator Jim Solem, Senior Fellow, Center for Urban and Regional Affairs (CURA), University of Minnesota Barry Johnson, City Administrator, City of Woodbury Anne Hurlburt, Director of Community Development, City of Plymouth 2:00 Open Question #3: Given projected growth for the region and governmental financial constraints, what is going to have to change to accommodate future growth? Peter Bell, moderator John Adams, Professor, Geography & Humphrey Institute, University of Minnesota Dennis Welsch, Director of Community Development, City of Roseville Tom Fisher, Professor and Dean, College of Architecture & Landscape Architecture, University of Minnesota Mitch Pearlstein, President, Center of the American Experiment 3:00 Wrap Up - What's next? Rip Rapson Peter Bell J. Brian Atwood 1 High Performance Partnerships Best Practices/Literature Review Executive Summary C O U N T Y May 17, 2004 Prepared by: Marc Hugunin, Principal Pepin Hugunin & Associates Office: 651-351-1235 Email: marc pepinhugunin.com a Dakota County High Performance Partnerships Best Practices/Literature Review High Performance Partnerships (HiPP) Project Best Practices/Literature Review Contents Introduction 3 Analysis 4 Scoping 4 Opportunities for Collaboration by Service Area 8 Criteria/Models for Evaluation of Opportunities 13 A-ppendix A: Bibliographical Essay 18 Academic Studies 18 Association of Minnesota Counties 24 (Other) Association Sources 25 Foundation/Non-Profit Reports 36 Government Reports (not Minnesota) 44 Minnesota Government Reports 49 Miscellaneous Reports 58 Appendix B: Consolidated Bibliography 60 Appendix C: Collaboration Resource List 66 (Amherst H. Wilder Foundation Publishing Center) Appendix D: LMC Survey Results on 81 Local Government Cooperative Efforts Appendix E: What Alternative Delivery Strategies are Right for Your City (League of Minnesota Cities) Appendix F: Examples of Intergovernmental Collaborative Agreements in Dakota County 0 Pepin Hugunin & Associates 2 March 15, 2004 993 1 Dakota County High Performance Partnerships Best Practices/Literature Review Introduction As a part of the Dakota County High Performance Partnerships (HiPP) project, a review of published research concerning local government collaboration was conducted. Like the project as a whole, the primary goals of the Literature Review are two. • Identify a wide range of opportunities for local government collaboration and partnerships for consideration in this project, and • Identify criteria and/or models for the evaluation of those opportunities. A need also was found very early in this project to clearly define its scope. Government collaboration "is a huge domain," as one of our respondents said, and as our Literature Review and other activities confirmed. So, in conducting this review, we also considered various typologies that might be helpful in defining our scope of work. This analysis will address these three key topics in turn, beginning with the scoping issues. It is not generally the purpose of this Literature Review to resolve issues, but rather to define and frame alternatives. However, a certain degree of project definition has already occurred, specifically in the area of scoping, and where such decisions clearly have been made they will be indicated in this analysis. This Literature Review consists of the analysis in these three areas, followed by a series of Appendices: • Appendix A is a bibliographical essay, which provides a brief summary of each of the 63 sources that have been consulted. • Appendix B is a consolidated listing of the 63 documents included in this review. • Appendix C is an extensive bibliography of additional sources on collaboration and partnership published by the Amherst H. Wilder Foundation on its Web site. • Appendix D is a complete list of 1,682 local government partnerships in place throughout Minnesota, as identified in a survey by the League of Minnesota Cities. The printed summary in the appendix consists of only two fields of data out of 30, however. The complete file provides the participants, the age of the partnership, as well as other data. • Appendix E is a segment of the League of Minnesota Cities' document, "Resource Guide for Dealing with Budget Cuts: Strategies for Cities," titled "What Alternative Delivery Strategies are Right for Your City? Issues to Consider." • Appendix F is an extensive list of intergovernmental agreements already in place in Dakota County. 0 Pepin Hugunin & Associates 3 March 15, 2004 Dakota County High Performance Partnerships Best Practices/Literature Review All other documents cited in this Literature Review are on file at Pepin Hugunin & Associates and are available upon request. Analysis Scoping 1. Various different partnerships or collaborations are defined and differentiated on a variety of parameters. The most basic typology (see sources 3 and 10, pp. 18-19, for more information) is defined by who the partners or collaborators are: • Public-public • Public-private • Public-nonprofit There are, of course, various types within each category, such as federal-state, state- county, county-county, county-city, city-city and other configurations just within the public-public category. In addition, other sources (especially 31, 40, 42, 43; pp. 36-37, 40-41) explore so-called "Three-Sector Partnerships" among government, business and nonprofits. For purposes of this project, the scope will be limited to services for which the responsibility and accountability clearly rests with parties to this process. That is, not only is the focus on public-public partnerships, but on those among and between Dakota County and the cities located within the county. 2. A second useful typology characterizes partnerships according to the complexity of problems they are meant to address. First, the Pew Partnership offers this (37, page 37): Type I problems are those that have an obvious definition, a clear solution, and the burden of responsibility lies with one person or a small group. Type II problems can usually be defined with some clarity, but the solution is unclear. They require traditional leaders and stakeholders to work toward the solution. Type III problems are those issues whose definition and solution are unclear, and they require by definition that those affected do the work toward the solution." Karen Ray suggests a similar distinction in The Nimble Collaborative (41, p. 43): • Collaborate to integrate services. "Collaborations to integrate services occur most frequently in education, housing, health care, recreation, the arts, law enforcement and social services.... Collaborations to integrate services redesign the way work is done...." 0 Pepin Hugunin & Associates 4 March 15, 2004 s. a? Dakota County High Performance Partnerships Best Practices/Literature Review • Collaborate to resolve complex issues. "Some collaborations focus on multiple approaches to address complex community issues. Promoting sustainable agriculture, eliminating drug addiction, or increasing kids' exposure to the arts in school are the missions of complex collaboratives.... The reason for multiple approaches is that such problems and visions cannot be achieved without many changes across many systems.... Project leadership has indicated a preference for addressing issues that the county and/or cities are already addressing, and for which they have clear responsibility. These might be characterized as Type I problems or opportunities. Emerging issues which the cities and/or county are not already addressing or which could be addressed at a higher level of intensity, might be characterized as Type II or Type III issues. These have not been ruled out. 3. Several sources havo dcveloped a continuum of partnerships or collaborations based on the "intensity" of the relationship. Here are three, each showing the highest degree of partnership at the top. Further details of each of these typologies are included in Appendix A. Table 1: Types of Partnerships Sources Hubbard (2), pp. 1 S-2U, NAPA (25). pp. 29-32 PSG (49), pp. 58-59 and Wilder 41pp. 41-42 Typcs of Parmerships Collaboration High Performance Consolidate 0-hest LN,el of Coordination Partnership Pool commitment to lowest) Cooperation Partnership Share Collaboration Coordinate 1 Contract Exchange 1 Cooperative * The page numbers for each source refer to the page number in this review where the source is discussed. It is tempting to endorse the NAPA typology (25) because the name of this project, High Performance Partnerships (HiPP), comes from it. However, the Hubbard typology (2) is preferred as it comes with a more detailed explanation, a clearer differentiation between the various categories, and therefore more utility as a model to assist in decision-making and evaluation. For example, several alternative typologies posit a continuum of relationships based on one single variable. Hubbard distinguishes two important variables that help to define the "intensity" of a partnership or collaboration: 0 Pepin Hugunin & Associates 5 March 15, 2004 Dakota County High Performance Partnerships Best Practices/Literature Review • Power Sharing. "The degree of power sharing indicates to what extent each partner has a voice in setting the agenda. In some partnerships, for example, all products are jointly produced and reflect the involvement of all partners. In other partnerships, one agency takes the lead...while others only provide occasional assistance." • Resource Involvement. "The degree of resource involvement suggests the magnitude of resources an agency commits to a partnership." Table 2: Nine Types of Inter governmental Partnerships Cooperating Coordinating' Collaborating Usio2 resources to assist other Organizing or combining :Colley tively aFp]Y in resources agencies' resources to more effectiv ch toward problemsthai fuel clcar reach a mutual goal ; o«%ners Contributing Resources Reconciling Activities Sharing Program Agencies contribute resources to Agencies adjust or combine Responsibilities another agency's project or effort. existing programs (on-going) in Agencies come together as a new order to deliver services more entity to provide services or Primary goal: Help a worthy effectively. manage a resource. cause Primary goal: Improve programs Primary goal: Meet a need that can only be addressed by working together Promoting Others Sharing Resources Creating New Systems or Agencies willingly share Agencies that use the same good Programs information about the work or or service agree to share in its Agencies work to create and services of others. cost. implement a new model to deliver 'services or address a Primary goal: Meet the needs of Primary goal: Save money public problem. a shared constituency Primary goal: Develop a new means of responding to public problems Sharing Information Producing Joint Projects Collective Planning Agencies share information on a Agencies depend (short-term) Agencies develop a collective formal or informal basis. upon each other for producing a vision for the management of a specific event or product. resource or alleviation of a social Primary goal: Improve problem performance by keeping informed Primary goal: Produce an outcome that no agency could Primary goal: Promote a achieve on its own collective vision. From Betsy Hubbard, Making Sense of Public Service Partnerships: Understanding the Why and How of Interagency Efforts (2), see also pp. 18-20 © Pepin Hugunin & Associates 076 March 15, 2004 Dakota County High Performance Partnerships Best Practices/Literature Review A higher degree of power sharing is implied as one moves from left to right along the x- axis, while a higher degree of resource involvement is implied by moving from bottom to top along the y-axis. Additional details are discussed on pages 8-11 of this document. Further, the Hubbard typology is also more consistent with the consensus among the models reviewed in that it reserves the term "collaboration" for the most intensive of relationships. NAPA's use of the term "partnership" to describe the most intensive relationship is somewhat out of step with that consensus. The Hubbard typology may be used, then, to clarify the types of actions that Dakota County and/or the cities may wish to take to partner with other units of local government. At the very lowest level of collaboration (lowest resource involvement and lowest power sharing represented in the cell at the lower left), for example, are the county and/or cities willing to share information with their partners? At the very highest level (highest resource involvement and highest power sharing represented in the cell at the upper right), are they willing to entertain opportunities which might, require the creation of a new entity with (potentially) a separate budget and/or staff? In between these extremes, are they willing to jointly purchase and/or jointly own goods or facilities? Are they willing to share the control of resources and accountability for outcomes? And so on. While we prefer the Hubbard typology, the NAPA definition of a high performance partnership is useful. We would apply it without hesitation to what Hubbard calls a collaboration: It is "a mutually beneficial and reciprocal relationship among entities that share responsibilities, authority and accountability for results." At the present time, we understand the parties to this project to be open to recommendations that entail relationships anywhere along this continuum from less intensive to more intensive partnerships. 4. As a technical matter, too, partnerships among local government are also defined by statute as joint powers agreements, joint agreements, mutual aid agreements or service contracts (21, 23; page 24). A Wisconsin study of partnership opportunities in the area of street and road maintenance describes the types of collaborations a little differently as including joint ownership, group purchasing and resource-sharing (renting, contracting, etc.). At the present time, we also understand that the parties to this project are open to any of the various types of formal relationships available to them under Minnesota Statutes. 0 Pepin Hugunin & Associates 7 March 15, 2004 Dakota County High Performance Partnerships Best Practices/Literature Review 5. Finally, local governments may choose to privatize-that is, to enter into service contracts with private or not-for-profit firms-selected services. This process will consider opportunities for privatization, but the primary focus of this study remains in the area of public-public collaboration among Dakota County and the cities located within the county. Opportunities for Collaboration by Service Area The 63 reports reviewed were selected for their relevance to the subject of local government collaboration and to represent a range of perspectives on the subject. Yet the central theme or thrust of the reports taken as a whole is one of "environmental change" necessitating government "innovation." It is also true, however, that many if not most of the "imiovations" described in these 63 reports involve some type of collaboration. It is also true that these 63 reports describe and/or suggest hundreds if not thousands of opportunities for collaboration. We obviously cannot list all of them here, but we can suggest how the information in these reports might be used to create and/or enrich the work of this project. Specifically, the literature suggests broad categories of local government services and activities. As a first cut at the opportunities for collaboration, we would hope to identify broad categories of services and activities for further analysis. We would then return to the literature to compile more complete lists in those categories. Tables 3 and 4 provide that first cut. Table 3 shows two separate surveys of the frequency of collaborations already in existence among local governments in Minnesota. Table 3: Leading Categories of Local Government Collaboration Al " Local Government Partnerships, - N, 1992? Local Government Partnerships; MN, ~003~1 l.-` j - Vii. _ C .j • 4 ""r Police/Law Enforcement 19% Police 17.4% Parks and Recreation 15% Parks and Recreation 15.8% Fire Services 13% General General Government/ (Planning, Purchasing, etc.) 14.6% Administration 12% Sanitation 7.5% Sanitation 11% (Water, Sewer, Garbage, Recycling) Economic Development/ Streets 7.3% Housing 6% Fire 5.6% Streets and Highways 5% Health 5% *Courtesy League of Minnesota Cities (23), see also Table 19, p. 33 Courtesy, League of Minnesota Cities (19), see also Table 18, p. 32 © Pepin Hugunin & Associates A 8 March 15, 2004 Dakota County High Performance Partnerships Best Practices/Literature Review Table 4 shows the results of two national surveys that measure the importance of various issues among public officials. Table 4: Key Categories of Local Government Services 111Cre8Sin Demand, 2003* Priority' Issues, 2001' - Jails and Correctional Institutions 60% Illegal drugs 2.91 Sheriff 56% Affordable health care 2.90 Courts 40% Affordable housing 2.89 Public Safety 39% Not enough jobs at living wage 2.79 Information Technology 33% Teen pregnancies 2.76 Public Health 33% Affordable child care 2.67 Family and Human Services 32% Public transportation 2.64 Economic Development 32% Unsupervised children and teens 2.64 Highway/Street Maintenance 31% Affordable care for elderly 2.53 Highway/Street Construction 28% City streets/buildings need repair 2.52 911 Emergency - • 27% Parks and Recreation 26% Healthcare 25% Emergency Medical Services 24% Schools 23% Homeland Security 23% Medicaid 20% * Courtesy National Association of Counties (17), see also Table 14, p. 27 Courtesy Pew Partnership for Civic Change (38), see also Table 20, p. 38 1. If as a result of this first level of analysis, law enforcement and the criminal justice system should be identified as a focus for further study, the Literature Review can provide a range of examples of local government collaboration in these areas. • The LMC analysis (19, p. 32 and Appendix D) of 1,682 local government collaborations includes 265 examples of partnerships in the area of law enforcement, plus 27 examples of collaboration between police and fire departments, and 43 additional examples under the headings of dispatch, rescue and emergency, some of which may be relevant to the law enforcement area. Many are joint police departments and police service contracts, but others represent a variety of more specialized agreements. • The Office of the Legislative Auditor (61, pp. 50-52) has provided a list of topics which have been considered for Best Practices Reviews, and several of these topics address criminal justice, the courts and public safety. Unlike the LMC report, these are not necessarily selected as opportunities for collaboration-nor even areas of significant innovation-though many or most may suggest or provide such opportunities. See Table 5 (over). © Pepin Hugunin & Associates 9 March 15, 2004 Q'A 0U Dakota County High Performance Partnerships Best Practices/Literature Review Table 5: Topics Suggested for Best Practices Reviews (partial) Criminal Justice and Courts. • Closed circuit video instead of transporting people for arraignments • Administrative enforcement of city codes and ordinances ~t • Community corrections and probation services 3 . , " K _ y~ v_ • Enforcement of DWI laws s • Handling cases of domestic assault • Public defenders and their relationships with prosecutors/judiciary F,~; • Victim advocacy programs -17 Public Safefy : • Paying for ambulance services re. changes to Medicare reimbursement • Controlling the number of peace officer court appearances • Emergency medical services . • Fire fighter pensions L' • Management of crime labs • Nonemergency police efforts such as investigations, patrols, special (e.g SWAT) teams, police/sheriff jurisdictional issues From Memoranda, Jody A. Hauer, Coordinator, Best Practices Reviews, to Local Government Advisory Council, Best Practices Reviews, "Topic Suggestions for Best Practices Reviews" (61), see pp. 50-52 for details • A list of "Innovations: Bright Ideas in Local Government" compiled by the Board of Government Innovation and Cooperation (BGIC) in 1999 (48, pp. 54-56) includes 40 examples in the areas of adult and juvenile justice and public safety. The twelve examples in the field of public safety show cooperation between law enforcement agencies (city-county and city-city) whether for routine or emergency services, consolidated dispatch service and community policing. • Finally, the list of intergovernmental collaborative agreements already in force in Dakota County (49, Appendix F) includes a number of examples in the areas of law enforcement, police and public safety. Dakota County lists twelve such agreements, Burnsville nine, Lakeville 25, Mendota Heights two and Rosemount five. Any or all of these agreements may serve as models for partnerships involving other communities. Considering the large number of collaborative agreements already in place in law enforcement and public safety-and referring back to the second set of typologies shown on page 3-further opportunities might be expected to be Type I opportunities and/or opportunities to integrate services. 2. A quick review of Table 3 suggests, secondly, a variety of public health, health care and human services issues as a possible focus for collaboration in Dakota County. But while local government collaboration is already commonplace in the law enforcement field, this is not true (at least according to the LMC) in the area of health care. Rather, health and human services issues rank highly for "increasing demand" and as "priority issues." At least some of these opportunities might be characterized as Type U issues and/or opportunities to collaborate to solve complex problems. ® Pepin Hugunin & Associates 0 March 15, 2004 I Dakota County High Performance Partnerships Best Practices/Literature Review Of course, we also recognize that municipalities do not have broad mandates for activity in these areas, while counties do. In any event, if public health, and health care is selected as a focus, the following more specific activities are suggested by our review. - The LMC survey (19, p. 32 and Appendix F) reports 45 examples of local government collaboration in the areas of public health and/or health care. For example, 14 cities collaborate to provide a range of services through the Northwest Hennepin Human Services Council. - The BGIC report (48, p. 54-56) combines health and human services, and lists 19 such "innovations." They range from a collaboration of Faribault and Martin Counties for a fully integrated delivery system for a range of health and human services, to efforts that focus on a single issue-for example, a Families in Crisis collaborative between St. Paul and Ramsey County which addresses issues leading to homelessness. - Dakota Col?nty lists (49, Appendix F) seven areas in which it already participates in collaborative agreements in the area of health. The five Dakota County cities that submitted examples to this list did not include any such examples. The range and complexity of public health, health care and human services issues, and the public demand for innovation, is clear. So the area is worthy of further consideration. 3. As a third example, general govern ment/administration is an area in which numerous partnerships are reported by the LMC (19, page 32 and Appendix F). The NaCo report (19, p. 26) also lists information technology as an area of increasing demand. Additional reports that focus our attention on information technology include the various reports of the Center for Technology in Government (3,10; p. 18- 19), the West report (12, p. 22) and the Citizen's League report (29, pp. 40-41). Table 6: To Online Urban Services, 2002 Request Service 346 22.1% Request Information 287 18.3% Pay Traffic Ticket 248 15.8% File Complaint 180 11.5% Apply for Job 167 10.7% Register for Service 131 8.4% Pay Taxes 112 7.3% Request Information 98 6.3% Report Crime 71 4.5% Report Abandoned Auto 70 4.5% From Darrell M. West, Center for Public Policy, Brown University, Urban E- Government, 2002 (12), p. 12 - The BGIC report (48, p. 54-56) provides ten examples of innovation in the area of "technology improving public service outcomes." © Pepin Hugunin & Associates 1 March 15, 2004 C:~_ Dakota County High Performance Partnerships Best Practices/Literature Review • The LMC survey (19, p. 32 and Appendix D) lists 245 examples of local government collaboration in the area of general government. These partnerships represent a very wide range of activities, though few appear to be in the area of information technology. • Dakota County lists (49, Appendix F) three partnerships in the area of information technology and Lakeville two, while the other four cities represented on the list do not show any partnerships in this area. • The OLA has prepared Best Practices Reviews concerning the maintenance of computer systems (53, p. 54) and E-government (54, p. 53), which note that all Minnesota counties belong to one of three computer collaboratives. There is also a city-oriented collaborative. There are no recommendations of local government partnerships for information technology. The discussion above might be referred to as a categorical approach to identifying opportunities for collaboration. The Literature Review also allows us to review case histories of studies analogous to this one. We have located four such studies. Table 7: Local Government Collaborations Selected in Similar Studies Source: X6 (22, p: 22)1 m Governance Task" Governor's Blue PSG (49, pp. 46- Force (45, pp. 4- "Ribbon 47) 43)Commission (4 PP 45_-76) Jurisdiction Greater Richmond, City of Pueblo and State of Wisconsin Eleven cities in the Virginia (City of Pueblo County, Chippewa Valley, Richmond and three Colorado Wisconsin counties) Projects I Regional airport Joint purchasing Law enforcement Training on state Economic Transit and fleet Housing and federal risk development maintenance Emergency services management Conventions and Public works Fire regulations tourism Liquor licensing Solid waste Countywide Waste management Fire protection Recycling property assessment authority Public information Public health and property tax Richmond Housing Animal control collections ,a Symphony Health departments Transportation Collective Baseball complex Hazmat services Mass transit purchasing Emergency services Police and sheriff Land-use planning Libraries --merge fleet Boundary Training programs maintenance, agreements weapons storage, Libraries SWAT, equipment Parks & recreation and training Culture --combined Purchasing communications E-government 0 Pepin Hugunin & Associates n C~ J2 March 15, 2004 Dakota County High Performance Partnerships Best Practices/Literature Review 4. The LMC (23, pp. 33-35) suggests that privatization of services is most appropriate to particular services. "(P)rivatization of public works, public utilities, and some public safety functions, like dispatching, are more likely candidates for privatization with for-profit firms.... Privatization of health and human services and services related to the arts most often involve non-profit firms." In closing, this brief review is not meant to recommend law enforcement, public health, information technology or any other category of services-nor the privatization of any particular service-as focus areas for this study. Rather, it is intended only to illustrate the range of ideas represented in the 63 reports that have been reviewed. This Literature Review will be supplemented by a survey of Dakota County elected officials, government employees and citizens, as well as workshops/public meetings with all three groups. Recommendations will be based upon all such forms of input. No decisions have been made, at the present time, to either include or exclude any specific categories of local government activities and services for this project. Criteria and/or Models for Evaluation of Opportunities for Collaboration The primary goals of this project are to identify collaborations that can reduce the cost and/or enhance the quality and effectiveness of government services. The Pueblo, Colorado, report (45, pp. 47-48) offers a simple set of evaluation criteria along these lines: Table 8: Criteria Used for Makin and Approving Recommendations 1. Will the change reduce the cost of government services? 2. Will the change increase the efficiency of government services? 3. Will the change increase the effectiveness of government services? 4. Will the change protect and/or improve the rights of the public? From Governance Task Force of the 2010 Commission, Final Report: Study and Recommendations: Consolidation of Services: Pueblo County and City of Pueblo (CO) (45, pp. 47-48) We recognize, however, that an evaluation that only considers these two to four dimensions may miss some important considerations. A discussion by the LMC in "Resource Guide for Dealing with Budget Cuts: Strategies for Cities" (23, pp. 33-35) provides at the other extreme the most complete and most useful criteria, and so we quote the list in its entirety (Table 9, over). © Pepin Hugunin & Associates 13 March 15, 2004 o~ Dakota County High Performance Partnerships Best Practices/Literature Review Table 9: What Alternative Delivery Strategies are Right for Your City? Issues to Consider Impact on Mission Is this a core service over which government should maintain strong control? If so, can it best be done with public employees or through a contract or cooperative service arrangement? What community values are at stake in this decision? Are there ethical concerns?... Impacts on Citizens and Quality of Life What is the cost to citizens of changing the way a service is provided? What are citizens' preferences for the service?... How will an alternative delivery method impact the quality of the service?... How much flexibility will the local government have to respond to changing citizen needs and expectations without bearing undue extra expense?... Impact on costs Will there be cost savings? How can the city council monitor the costs and quality of the service? Are all costs-being taken into account in cost comparisons between different delivery methods?... Availability of Other Local Participants Are there other local governments nearby that already know how to perform this function well?... Impacts on City Staff How will the workloads of current city employees change? Can human resources be restructured effectively?... Impact on Role of Government How does this service delivery decision impact the civic and community building capacity of the city government? C Pepin Hugunin & Associates C2 ~,,,r14 March 15, 2004 Dakota County High Performance Partnerships Best Practices/Literature Review Table 9 continued Can service delivery decisions be used to accomplish other city goals, such as economic development or building better relationships with other governments?... Barriers and Constraints What barriers and constraints to pursuing alternative delivery methods may exist?... Privatization: Issues to Consider Is the function similar to one already provided by the private sector? How available are private vendors to provide the given service? Is there true competition in the marketplace?... In the long term, can public employees learn the skills to be able to provide this service in-house? Can employees participate in the learning even if the service is contracted out?... If the private vendor goes out of business, what options will the city have? Will there be significant interruptions to service? If the vendor is lost or the quality is unsatisfactory, what would be the costs to the city of reverting to providing the service in-house? What would the transition time be? How can the city ensure that the interests of citizens do not become secondary to those of private firms with whom the city does business? How can the city ensure that friendships and relationships do not get in the way of making good decisions for the city?" From League of Minnesota Cities, Resource Guide For Dealing With Budget Cuts: Strategies for Cities (23), pp. 33-35 Between the two extremes cited thus far, more than a dozen reports (among the 63 reviewed) provide criteria to consider in evaluating collaborations of various kinds. As comprehensive as the LMC list is, other reports raise additional issues worthy of consideration. The issue of leadership is a primary example. It receives great emphasis throughout the literature, while two personal respondents noted that collaboration tends to be "people- centered" (11, p. 21) or "people-driven" (16, p. 28). © Pepin Hugunin & Associates 5 March 15, 2004 a Dakota County High Performance Partnerships Best Practices/Literature Review The NAPA report (25, pp. 29-32) states that "strong effective leadership is the most critical characteristic of high performance partnerships. Leaders... convene and mobilize.... They champion.... (L)eaders organize the partnership and make it work...." The Center for Technology in Government (CTG) (3,10, pp. 18-19) says, "(L)eadership is crucial ...to provide credibility for the innovation being undertaken." The Three-Sector Collaborative (31, 42; p. 42) states that among the factors "that have helped to make collaborations successful" is "(a) convener (who) suggests an openness in sharing information." Related to the issue of leadership is that of trust. The CTG report states that "(b)oth public trust and professional trust (are) necessary.... Public trust refers to confidence of citizens and other stakeholders that the project or service is reliable and legitimate. Professional trust is present when all participants have faith in the commitment and skills of others." PSG (49, pp. 58-59) suggests that the level of trust needed-and whether the necessary trust is present or not-is an important criteria for consideration before entering into a partnership. NAPA (25, pp. 29-32) says that a successful collaboration can . "galvanize stakeholders and build trust among the participants." Another pair of issues are innovation or novelty, and transferability. Local governments do not tend to consider such "soft" issues; rather, they tend to be cited in higher-level academic studies or state government reports. Novelty, creativity and transferability are all criteria for the Innovations in American Government Award of the Ash Institute of the Kennedy School of Government, Harvard University (1, pp.22-23), for example. "Innovation" is the theme of the report of the Minnesota Board of Government Innovation and Cooperation (51, pp. 54-56). Criteria for the inclusion of government innovations in its report include "the idea is...easily transferred to other communities." The Three-Sector Collaborative (31, 42; p. 40) also suggests that the "geographical dimension" be considered. In other words, if an issue is regional or statewide in scope, then perhaps a collaborative needs to have the same breadth in order to successfully address it. In addition to providing these additional ideas for evaluation, these reports also provide additional perspectives on some of the items included in the LMC's list (Table 9, above). For example, the LMC asks, "Is this a core service over which government should maintain strong control?" The Ash Institute asks what is the significance or importance of the issue? Perhaps it is in fact too important not to innovative new ways of addressing it. - The LMC asks, "Are there other local governments nearby that already know how to perform this function well?" Hubbard (2, pp. 19-21) says it this way: Local governments can sometimes apply greater expertise and gain a better understanding of an issue by collaborating. 0 Pepin Hugunin & Associates 16 March 15, 2004 Dakota County High Performance Partnerships Best Practices/Literature Review • While the LMC asks, "How does this service decision impact the civic and community building capacity of the city government," Hubbard asks whether a partnership might enhance the image and identity of a local unit of government. • The LMC asks, "What are citizens' preferences for the service?" NaCo (22, p. 28) advocates considering the "political feasibility" of the service. • As a final example, the LMC only indirectly asks how easy (or difficult) is the implementation and management of a particular method of service delivery. NaCo more directly considers the "manageability" or "ease of implementation" of a project. Overall, then, the LMC checklist provides the broadest base of issues for the evaluation of opportunities for collaboration, but it should be supplemented by the additional issues and perspectives provided by several of the other reports. A final recommendation of an evaluation model will be made only upon completion of additional information-gathering steps including a survey of Dakota County elected officials, government employees and citizens, as well as workshops/public meetings with all three groups 0 Pepin Hugunin & Associates ^ N 1~7y March 15, 2004 C O U N T Y High Performance Partnerships Partnership O ortunities for Further Evaluation r Transportation/ Public Works Road system Coordinated planning and construction of streets and roads, especially for better east-west travel Specialized Joint purchasing and ownership of such equipment sharing specialized equipment as brush chippers, street sweepers, pothole patching machines, etc. Street and road Coordinated/consolidated maintenance crews maintenance and scheduling of city streets, county roads, etc. Transit services Coordinated delivery of transit services among DARTS, Metro Transit, MVTA, other Law Enforcement Law enforcement Create service/support center for records, service center evidence, investigations, technical systems, Homeland Security depot, DWI, etc. Police services Deploy police services across municipal boundaries in a coordinated way. Prosecution Consolidate non-felony prosecutions throughout services Dakota County into a single office or contract. Building Consolidated staffing/purchasing of services. Inspections/Code Enforcement a~ Other Public Safety 9-1-1 dispatching Consolidate 9-1-1 dispatching centers. EMS Coordinated deployment of emergency/first responder services across municipal boundaries Firefighting Coordinated deployment across municipal boundaries from larger fire districts and combination (full-time/paid-on-call) depts. Juvenile services Develop of one-stop shop for criminal and social services for at-risk juveniles Specialized Joint purchasing and ownership of specialized equipment sharing equipment-e.g. emergency preparedness/ Homeland Security equipment. Leisure Activities Coordinated programming, scheduling, registration for park & rec, continuing ed, etc. Administration Energy Joint purchasing of energy at negotiated cost. Also explore development of emergency/ uninterruptible energy supplies. Health care costs Joint purchasing of employee health plans. Information Joint operations, purchasing, training, staffing. Technology Service centers Co-locate city and county services, with coordinated planning, construction, operation. Communications Joint staffing and/or purchasing of cable access (CATV) programming, Web site development and hosting, writing, desktop publishing, etc. 05/27/04 THU 15:34 FAX 6128827600 MN VALLEY TRANSIT Eagan a005 i DATE: May 27, 2004 TO: Board Members unable to attend May 26 Regular MVTA Board meeting/TWGs FROM: MVTA RE: Meeting Summary Enclosed please find a meeting summary of the MVTA May 26, 2004 regular meeting of the I MVTA Board of Directors. Supplemental materials are attached. 1 _ Acting Chair William Droste called the meeting to order, in the absence of the Chair and Vice Chair. Mayor Droste was then elected to chair the May 26 meeting. The agenda was approved as published and the Consent Agenda was approved. 2. John Strachota of BWBR reviewed the bid process and the range of the ten bids received: $8.8 to $9.7 million (original 16 bids ranges from $8.8 to $10.2). He indicated that the Metropolitan Council staff has reviewed the DBE submission of the three apparent low bidders and all were favorable. He indicated that Ebert, Inc. did not meet the 14 percent DBE goal, but their good-faith efforts support acceptance at 12.9 percent DBE participation. Strachota also indicated that BWBR has reviewed the Contractor's Qualification statement and has called references, all of which were generally favorable. 3. Strachota recommended Board acceptance of the low bidder, Ebert, Inc., with two bid alternates: built-up roofing and rigid in lieu of bituminous. He further asked that the Board authorize staff to proceed to the second low bidder should Ebert be unable to fulfill. the performance bond. Motion by Jon Ulrich and seconded by Wally Lyslo to approve the recommendation. Motion carried. 4. Beverley Miller reviewed the need for financing for the Eagan Bus Garage project and requested that the Board authorize financing of up to $5.5 million for the project. She indicated that if the Legislature adopts a bonding bill, the MVTA would consider its options, such as paying off the COP on the Burnsville Bus Garage or paying off the Eagan Bus Garage financing early. Tom Pepper moved and Kevin Lienau seconded the motion authorizing up to $5.5 million in financing for the Eagan Bus Garage. Motion carried. ! 5. Beverley Miller reviewed the new rates for the contract with Laidlaw Transit. She indicated that the MVTA is very happy with the progress made by Laidlaw since the hiring of Tom Knier and a new maintenance staff, and the MVTA is very encouraged that Laidlaw is moving in the right direction. There were questions about the percentage of increase for both platform hours and the daily bus rate. It was noted that most of the labor costs are included in the platform hours, and Laidlaw has traditionally been below market in their wage rates. This contract will raise those rates to place Laidlaw in the market range. According to Tom Knier, the wage adjustments will take place in phases, starting with drivers, and then moving to the maintenance staff along with dispatchers and supervisors. Staff was asked i f there is an exit i clause in the contract should performance slip. Beverley Miller reminded the Board of the i penalties that can be assigned (likewise, the incentives), as well as the fact that the MVTA I I I ! I 05/27/04 THU 15:35 FAX 6128827600 HN VALLEY TRANSIT 4-4 Eagan 0]006 Page 2 i can always remove service should Laidlaw not be able to perform. Wally Lyslo moved and Kevin Lienau seconded a motion approving the new Laidlaw agreement. Motion carried. 6. Beverley Miller reviewed the request for the MVTA to operate State Fair Express Bus Service again in 2004. The plan is to have service every 30 minutes on the weekends from both Burnsville and Eagan Transit Stations, and to have service every 60 minutes on weekdays from Burnsville. This is used as an opportunity to showcase the service (buses and drivers) provided by the MVTA. It will be advertised cooperatively with Jefferson Lines, as well in local newspapers. Rick Kelley moved and Jon Ulrich seconded the motion to provide State Fair Express Bus Service in 2004. Motion carried. 7. Michael Abegg reviewed plans for service changes in June, including three key items: Introduction of Saturday express service from Burnsville to Downtown Minneapolis via Southdale; Cooperation with Shakopee Transit and Scott County Transit to provide service to Valleyfair; and Restructuring of Route 471 service in conjunction with the opening of the Light-Rail system. 8. Michael Abegg also reviewed a memo regarding the implementation status of the Go-To card and that the MVTA will not participate unless certain items are resolved/addressed. Board members expressed the need for ongoing communications with senior Met Council management on this issue. 9. Denise Grimm spoke to the Board about the I" Annual Bus Roadeo, set for June 26 at Dakota County Technical College. The Roadeo will include a written test and a driving test. Judges are still needed. Board members are also welcome to stop by for lunch. Awards are slated to be presented about 1 p.m. 10. The meeting was adjourned. Next Regular Meeting Scheduled for June 23, 4:30 p.m. Burnsville Transit Station a9.~ C O U N T Y REPLY TO: O 1 Mendota Rd W Ste 410 Dakota County Public Health Department ❑ 14955 Galax a Avenue West West St Paul. MN SS 118-4771 Apple Valley, MN 55124 65 I.SS4.6 100 "Partnering to build healthy families and healthy communities" 952.891.7500 FAX 651.554.6130 FAX 952.891.7565 www.co.dakota.mn.us April 26, 2004 Jeff Asfahl Eagan Parks & Recreation Dept. 3830 Pilot Knob Road Eagan, MN 55122 Dear Jeff: Thank you for inviting the Dakota County Public Health Department to be a part of the Eagan Walkable Communities Workshop last week. My new co-worker, Jody Pire, and I greatly enjoyed the afternoon. It was very informative and it was valuable to see how the concepts that were presented can be applied in the Cedar Grove area, as well as other neighborhoods in Eagan and many other communities. The health risks from physical inactivity continues to rise among all segments of our population. Exploring how various physical/environmental conditions might be modified to make them more supportive of residents being physically active is an important focus area for those of us working in the health promotion area of the Public Health Department. We are more than willing to lend whatever support we can to make this happen in Eagan. Do not hesitate to contact me if we can play a role. We hope that the actions taken in Eagan can serve as a model for other Dakota County communities. Our thanks again to yourself, Jon Hohenstein and the other City of Eagan staff for coordinating the workshop. Sincerely, Pat Stieg Community Health Specialist Cc: City Council Member Mike Maguire Q?3 _ League of Minnesota Cities L 145 University Avenue West, St Paul, MN 55103-2044 (651) 281-1200 • (800) 925-1122 L7 - C'A' Fax: (651) 281-1299 • TDD: (651) 281-1290 M&,V www.imnc.org The "Walking a Mile" City Official Exchange Program Thank you for participating in the "Walking a Mile" City Official Exchange Program! Walking a Mile is League President and Moorhead Mayor Mark Voxland's year-long presidential initiative. Its purpose is to promote greater awareness, stronger relationships and better understanding between cities of various circumstances. President Voxland hopes the program will also promote affinity among metro-area and Greater Minnesota cities in preparation for the 2004 Legislature. The program is open to mayors, council members and chief appointed officials, such as city managers or administrators. While cities are encouraged to meet with and learn from other cities at any time, this program runs through August 2004. Plymouth Mayor Judy Johnson and Moorhead Mayor Mark Voxland conducted an exchange in October to kick off the program. Their exchange was profiled in the November-December issue of Minnesota Cities magazine. Follow these three steps to participate: 1. Contact the League. Before embarking on your exchange, contact the League. While you are encouraged to identify officials or cities for your exchange, we want to ensure that officials exchange with a city of different size, geography or circumstances - not with a city similar to yours or well known by you. If you want to participate but have not identified an exchange partner, we will identify candidates or pairings for the exchange program and contact them on your behalf. To allow officials to experience the workings of another city in an "apples to apples" comparison, mayors are to exchange with mayors, council members with council members, and chief appointed officials with chief appointed officials. We ask that cities not send multi-person delegations to their exchange partner city. 2. Conduct your exchange. Once you are paired with another city, you will schedule the exchange on your own. (The League is available to assist in scheduling as needed.) Depending on the distance to be traveled, city size and individual schedules, an exchange will likely be one to two days at each city. a~~ The structure of your exchange is up to you. Opportunities or events to consider for your exchange include: • A city tour - not just the highlights of your community, but a full picture of its strengths and struggles • A city council meeting • Committee/commission meetings - economic development, tourism, planning/zoning, public safety and the like • A staff meeting • "Shadowing" the official and/or staff during daily work activities • Making a presentation or otherwise sharing experiences or telling your city's story to the staff or council of the exchange city • Meeting with the community's legislators or other policy-makers • Meals in the community Additional League support for your exchange: In addition to helping coordinate the pairing of exchange cities and officials, the League will provide the following as needed or upon request: • Media relations assistance, including press releases and responding to media inquiries. • Financial assistance through reimbursement of some mileage, hotel and meal expenses incurred during an exchange, in those cases where financial considerations would keep an official from participating. • Materials, such as a sample schedule or possible discussion topics, that officials can use to prepare themselves, their staff or co-workers for the exchange. • Disposable cameras to encourage photographic record of the exchange for use by the participating cities or in League or other organizations' publications and websites. 3. Share your story. We want to make Walking a Mile a valuable learning experience not just for those who participate but for city officials statewide. We are very interested in hearing about your exchange experience! We will be following up with participants to hear about what you learned, whether there were any surprises, and what officials liked or would improve about the program. As appropriate, we will share exchange stories with other cities through the media and League publications, website, meetings and conferences. Your League contact: 4 For more information about the exchange or to sign up, contact Sarah Dirksen, League project coordinator, at 651-215-4036 or sdirksen(r.),lmnc.org. i C =completed Council Directive List-May 2004 Task Date Task Primary Contact Anticipated Completion Assigned Completion Date Date (steps taken) 1. 1-20-04 Hold mtg with Parks and Summer 04 Council Gun Club Lake Recreation Mtg WMO 2. 4-20-04 Hold joint mtg Admin June 8 Council ARC wksp held Council with the ARC to wksp in preparation Mtg discuss for joint mtg Communications with the initiatives Council 3. 5-4-04 Gather add'1 Admin May/early June Contact has Listening info re: Sister been made, Session City Int'1 information being prepared 5. 5-11-04 Bring back 5 Communications June/July Council new fonts and Wksp 2,3, and 4 color City logo drafts 6. 5-11-04 Speak to Parks and June Youth Dvlp. Council Wescott Square Recreation Coord. Callahan Wksp owners re: need in contact with and possible cost Wescott owners participation for and future mtg sun shelter date being determined 5-11-04 Establish criteria Engineering Council for community Wksp trail system and ring back to Council for consideration 2003-2004 COUNCIL GOALS Goal 04-22-03 Develop action Public Works Demonstration # 1 Council plan for ring funding was not Retreat road available in'03. Exploration ongoing with USPS. Council Directives May 28, 2004 Page 2 Task Date Task Primary Contact Anticipated Completion Assigned Completion Date Date (steps taken) Goal 04-22-03 Research road Public Works June and July MnDOT #1 Council and trail Council committed to L-Vj Retreat initiatives consideration funding. between Yankee Improvements Doodle, Hwy on 149 trails 55, and Hwy programmed for 149 07. RFPs being solicited. Trails along Yankee Doodle, between 55 and 14, scheduled for completion in fall 05. PROTECTIVE INSPECITONS AI?Rff 2004 TYPE OF PER ffr PERMITS VALUATION BASE FEE PLAN REVIEW YTD MO YTD MO YTD MO YTD MO FOUNDATION 0 0 0 0 0 0 0 0 SINGLE FAMILY New 29 8 4,965,000 1,319,000 40,382.75 10,856.40 22,233.33 5,559.54 Addition/Porch 26 12 322,500 170,000 5,441.80 2,840.90 2,096.92 1,121.99 Fireplace 53 11 106,000 22,000 3,657.00 759.00 0 0 Deck 28 23 56,000 46,000 1,932.00 1,587.00 0 0 Lower Level 66 13 132,000 26,000 4,623.00 897.00 0 0 Garage 1 1 5,000 5,000 111.25 111.25 0 0 Pool 11 8 124,000 70,000 2,189.75 1,310.00 0 0 Fire Repair 3 1 165,000 4,000 1,724.85 97.25 1,057.94 0 Ext Impr 157 61 352,000 136,000 11,369.00 4,406.75 0 0 Move 0 0 0 0 0 0 0 0 Demo 0 0 0 0 0 0 0 0 Other Alt 30 8 679,000 97,000 9,008.85 1,641.70 3,406.09 741.94 DUPLEX New 4 0 577,000 0 4,966.20 0 2,074.64 0 Ext/Intimpr 0 0 0 0 0 0 0 0 TO WNHOMES New 25 6 2,696,000 632,000 25,941.35 6,141.70 6,485.40 1,535.44 Int/Ext Impr 86 46 948,000 312,000 16,855.50 6,302.25 0 0 Fire Repair 2 0 125,000 0 1,401.00 0.00 910.65 0 APTS/LODGING New 0 0 0 0 0 0 0 0 Int/Ext Impr 20 15 408,500 188,000 5,272.05 2,526.05 0 0 Fire Repair 0 0 0 0 0 0 0 0 COM 4JEND New 6 2 8,852,000 992,000 41,678.50 6,365.75 27,091.04 4,137.74 Addn 2 2 9,700,000 9,700,000 39,212.50 39,212.50 25,488.13 25,488.13 Int Impr 27 6 3,943,000 747,000 29,796.35 6,124.00 19,114.29 3,980.60 Ext Impr 7 2 573,000 421,000 5,221.15 3,225.10 0 0 Misc Alt 4 1 227,000 16,000 2,246.50 265.25 1,378.81 172.41 Fire Repair 0 0 0 0 0 0 0 0 Demo (Interior only) 3 2 0 0 225.00 150.00 0 0 PUBLIC FACILITY New 0 0 0 0 0 0 0 0 Addn 0 0 0 0 0 0 0 0 Ext/Int Impr 2 1 27,500 500.00 441.95 30.00 0 0 Misc Alt 1 0 1,500 0 56.00 0 0 0 ACCESSORY BLDGS 4 4 13,000 13,000 346.75 346.75 O O ANTENNAES 0 0 0 0 0 0 0 0 GREENHOUSES 5 2 10,000 4,000 345.00 138.00 0 0 STORKS DAMAGE 0 0 0 0 0 0 0 0 OTHER (SALON) 2 1 7,000 2,000 180.25 69.00 501.33 0 MO. SUBTOTAL 236 14,922,500 254,626.30 95,403.60 111,838.57 42,737.79 ADJUST`ME7iTS -4 -8,000 -684.45 -213.20 -744.22 -744.22 MO. TOTAL--------> 14,922,500 95,190.40 41,993.57 YEAR-TO-DATE---- > 600 35,007,000 253,941.85 111,094.35 OTHER PERMITS PLUMBING 370 106 HVAC 201 56 SEWER & WATER 63 17 FIRE 22 6 PROTECTIVE INSPECTIONS MONTHLY REPORT COMMERCIAL/INDUSTRIAL & INSTITUTIONAL BREAKDOWN APRIL 2004 BLDG PERMIT # ADDRESS & LEGAL OWNER VALUATION TYPE 4672 Slater Rd 63620 L4-7, B 1, Wentworth Park Mission Hills Development 567,000 Comm New 4662 Slater Rd 63618 L1-3, B1, Wentworth Park Mission Hills Development 425,000 Comm New 610 Opperman Dr (Data Center) 63650 L1, B1, West Publishing Co 4th West Group 8,800,000 Comm Add 3695 Kennebec Dr 64012 L011, B3, Cedar Industrial Park Herri es-E an Ptnsh 900,000 Comm Add 1625 Lena Ct #100 (Dr Michelle Rademacher Dental) 63098 L2, B 1, Centennial Ridge 2nd Manley Land Dev Co 375,000 Comm Im r 610 Opperman Dr 64030 L1, B1, West Publishing Co 4th West Group 290,000 Comm I r 3191 Mike Collins Dr (Bax Global) 63696 L1, B 1, Ea Ctr Ind Pk #18 Alscor Inv Jnt Ventures #2 225,000 Comm Im r 1181 Trapp Rd 63692 L051, B8, Eag Ctr Ind Pk #1 Ergotron Inc $80,000 Comm Impr 1715 Yankee Doodle Rd (Amcon) 63705 L1, B1, Transport America Headquarters IRET 1715 YDR LLC 30,000 Comm Im r 1325 EWagandale Ct #120 (US Group Consolidators) 63788 L031, B1, Ea Ctr Ind Pk #7 Lutheran Brotherhood 22,000 Comm I r 1715 Yankee Doodle Rd #120 (Delta Dental) 63948 L1, B 1, Transport America Headquarters IRET 1715 YDR LLC 15,000 Comm Im r 860 Cliff Rd (Dakota Cty Visitor Center) 63707 L1, B1, Section 35 Dakota County Parks 500 PF Impr PROTECTIVE INSPECTIONS MONTHLY REPORT MULTI-FAMILY BREAKDOWN APRIL 2004 MO. # MO. # MO. # Y-T-D # Y-T-D TYPE PERMITS UNITS BLDGS UNITS BLDGS # DUPLEX 4 2 3-PLEX 4-PLEX 8 2 5-PLEX 5 1 6-PLEX 6 6 1 12 2 7-PLEX 8-PLEX 10-PLEX 12-PLEX 16-PLEX APT. BLDG. OTHER TOTAL 6 6 1 29 7 MULTI-FAMILY BREAKDOWN - -4-04 2213/2217/2221/2225/2229/2231 Liberty Lane ~~V PROTECTIVE INSPECTIONS RIl 2003 TYPE OF PERMIT PERMITS VALUATION BASE FEE PLAN REVIEW YTD MO YTD MO YTD MO YTD MO FOUNDATION 1 1 10,000 10,000 181.25 181.25 0 0 SINGLE FAMILY New 48 19 8,133,000 3,117,000 66,192.60 25,598.45 43,025.31 16,639.04 Addition/Porch 33 15 604,000 221,000 9,368.55 3,674.75 5,112.09 1,900.10 Fireplace 34 14 68,000 28,000 2,346.00 966.00 0 0 Deck 38 29 76,000 58,000 2,622.00 2,001.00 0 0 Lower Level 67 18 134,000 36,000 4,623.00 1,242.00 0 0 Garage 4 2 38,000 14,000 738.25 278.50 281.12 126.91 Pool 3 3 26,000 26,000 487.50 487.50 0 0 Fire Repair 1 1 78,000 78,000 839.75 839.75 545.84 545.84 Ext Impr 253 109 2,617,700 1,154,900 45,837.40 19,532.75 0 0 Move (City Bldgs) 5 3 0 0 150.00 0.00 0 0 Demo 2 0 0 0 150.00 0 0 0 Other Alt 29 5 512,700 67,200 6,879.30 1,047.20 3,494.14 576.55 DUPLEX New 0 0 0 0 0 0 0 0 Ext/Intlmpr 0 0 0 0 0 0 0 0 TOWNHOMES New 8 0 980,000 0 8,958.00 0 5,822.72 0 Int/Ext Impr 85 18 1,059,000 197,500 18,500.45 3,457.70 217.91 217.91 Fire Repair 2 0 97,000 0 1,049.00 0 609.54 0 APTS/LODGING New 0 0 0 0 0 0 0 0 Int/Ext Impr 1 0 6,000 0 125.25 0 0 0 Fire Repair 0 0 0 0 0 0 0 0 COMMAND New 4 0 6,250,000 0 28,122.00 0 18,279.30 0 Addn 1 1 149,000 149,000 1,268.15 1,268.15 824.30 824.30 Intlmpr 47 17 7,310,000 2,353,000 50,719.90 18,600.05 32,262.70 11,954.52 Ext Impr 2 1 441,000 254,000 3,337.10 1,856.15 0 0 Misc Alt 0 0 0 0 0 0 0 0 Fire Repair 0 0 0 0 0 0 0 0 Demo 4 0 0 0 300.00 0 0 0 PUBLIC FACILITY New 0 0 0 0 0 0 0 0 Addn 0 0 0 0 0 0 0 0 Ext/Int Impr 2 2 41,000 41,000 533.15 533.15 0 0 Misc Alt 1 0 0 0 0 0 0 0 ACCESSORY BLDGS 0 0 0 0 0 0 0 0 ANTENNAES 1 0 50,000 0 644.25 0 418.76 0 GREENHOUSES 4 2 10,000 4,000 304.50 138.00 0 0 STORM DAMAGE 1 0 0 0 0 0 0 0 OTHER 1 0 13,000 0 223.25 0 145.11 0 SUBTOTALS---> 682 260 7,808,600 81,702.35 32,785.17 ADJUSTMENTS -3 -1 -488,000 -19,000 -4,300.50 -257.25 -1,269.21 MO. TOTAL--------> 259 7,789,600 81,445.10 YEAR-TO-DATE---- > 679 28,215,400 250,200.10 109,769.63 OTHER PERMITS PLUMBING 365 101 HVAC 231 69 SEWER & WATER 65 24 FIRE 3 0 l Breaking MINNEAPOLIS • ST. PAUL j NAL news all day on the Web: ttLNinciti L1114o■ma1s.COm HE May 21, 2004 Vol. 21, No. 50 r.-,k CityBusinpm twincities.Wjoumals.com $1.75 Inside this week EXCLUSIVE RESEARCH = - MEDIA „a 4 MN counties among d best for quality of life Biker l PO? BY MARK REILLY job - once to become an executive Covey Peters i"Lm i SENIOR REPORTER at Net Perceptions Corp., now for a Viper's motorcycle debuts in "rte b For years, Steve Larsen has been position at Better Life Media (see Startup T June. Is an IPO next? coi~siN an on-again, off-again Minnesotan, story at right). 3 Imoving t V o the state from elsewhere But if he has to do it again, Larsen cc - three times. Each time, he's had to could point to a new American City nnu rv~sorn explain himself. "People who hadn't Business Journals study that says network J o lived here would ask me, 'You're Minnesota counties offer some of going back there? Why?' " the best quality of life in America. t . ' For Larsen, it was always for the OUAIrTY I PAGE 49 y taps stars ` FOOD Capitol wrap of self-help Business issues were left BY JOHN SHARE hanging at the legislature. Companies ' STAFF REPORTER 7 When Stephen Covey, Tom Peters and other motivational and leadership fast gurus come to town in June, they'll seeing undoubtably attract a large crowd at v the Minneapolis Convention Center. growth The event also will serve as a ■ ■ ■ launchingpad of sorts for a fledgling, locally based cable and satellite tele- ' ! ■ vision network. Better Ufe Media Inc. East gets inO9e: a I I y of Hopkins plans 24/7 programming Development iS P0 in in o a n i dedicated to life improvement. It is c the east metro. * producing and filming the two-day Focus 115 BY NICOLE GARRISON-SPRENGER event, called National Leadership bw STAFF REPORTER Summit 2004, in June as content for Six months ago, only 4 percent of NETWORK I PAGE 4B Index on page $ w produce stocked by SimonDelivers s Inc was organic. Soon, that figure will $ M. A r V is be closer to 20 or 25 percent. "Were getting requests from con- sumers to add more, add more, add Equity firm r~.l . - z r more," said Tod Selling, perishable H products manager for the Golden Valley-based By thgrocery delivery service. IUJ I n r r By the end of the year, the company `1~., will have added 150 to 200 new organ- 3 . is products to its online shopping sys- tem, meat, $100M fund co F f{r s dairy and consumer-packaged goods. 0 o Z It "We're trying to build this category W Z O ~2 M as large as we can," Selling said. BY MARK REILLY F- ¢ u) SimonDelivers has plenty of com- SENIOR REPORTER Z 0 v) ° pany. Many Minnesota farmers, food Bayview Capital Partners, which in W processors and retailers that sell 2000 eschewed trendy Internet ven- 5 06j 6 2 Z organic foods are finding organic tures for stable "not-com" invest- CIENN HALKRSBN C') = d THE BUSINESS JOURNAL $104 $12 foods to be very healthy for their hot- ments, has launched an effort to raise Size of the US. market Z Bill Fenske of $10 tom lines. Hope, Minn.-based Sunrich $100 million for a second fund. p - ao Sunrich Food - for organic products U co $791 Food Group, for example, experi- The Wayzata investment firm's Group said big $B $710 r° enced a $100 million increase in rev- independent streak helped it avoid $590 companies are $6 $4 89 enue from 2001 to 2003. the tech-bust crater that claimed giving small $415 ry But executives at many smaller many venture firms. Instead, Bayview 40 organic firms $4 $3 47 ,t A Minnesota companies worry that concentrated on smaller "old econo- business. v, f there is a flip side. In the manufactur- my" businesses, such as Health 4;16. $2 fi ! ing world where large companies Fitness Corp. of Bloomington and SO f~ (tk■r+! i !h ~ 1t~yia_i such as General Mills Inc. are pur Restaurant Technologies Inc. of .1997 199B 1999 2000 2D01 2002 2003 ORGANIC I PAGE 48 BAYYIEW I PAGE 10 0 74470 97027 9 30~ May 21, 2064 THE Busiums Jourmm I ivoindtles.birjournals com 49 "e QUALITY: Top Minnesota counties offer relatively short commuting times, but also less diversity FROM PAGE 1 WHY MINNESOTA'S TOP COUNTIES RANKED HIGH QUALITY OF-LIFE RATINGS ACBL a chain of 41 business weeklies that TOP 20 COUNTIES IN THE UNITED STATES includes this newspaper, used 20 statistical indi- DAKOTACOUNTY OLMSTEAD COUNTY cators to rate living conditions in all 3,141 coup- National rank 14 National rank: 2 - 1. Los Alamos, NM - 11. Juneau, AK ties and independent cities across the nation. Population: 355,904. Population: 124,277 2. Olmsted, MN 12. Nantucket, MA The top spot was taken by Los Alamos Best features: Strong points: 3. Pitkin, CO 13. Wake, NC County, N.M., near Santa Fe. A close No. 2 was Stability (54 percent have lived! them more than 5 years) 94 percent of residents work in county 4. Douglas, CO 14. Dakota, MN Olmstead County, Minn., home to Rochester. Household income ($61,863) Short commutes 5. Loudoun, VA 15. Summit, UT But Minnesota's real strength can be seen as Low poverty, unemployment Affordable homes 6. Washington, MN 16. DuPage, IL a region. Three counties in the Turin Cities - Weak points: Property taxes among the lowest in Top 20 counties 7 Johnson, KS 17. Chesterfield, VA Washington, Dakota and Hennepin - also Lack of transit (2 percent travel by public transit) Weak points: 8. Hamilton, IN 18. Fayette, GA made the Top 20, giving Minnesota a be with Homogenous (8 points worse than Top 20 average) Little diversity (20%, 6 points worse than Top 20 9. Howard, MD 19. Hennepin, MN Virginia with four counties at the top of the list Low rate of residents with post-college degrees (9 average) 10. Fairfax, VA 20. Stafford, VA Minnesota state officials percent vs. 16 percent among Top 20 counties) Relatively little new housing among top places SOURCE: American City Business journals are not surprised. "We always do very well in studies like HENNEPIN COUNTY WASHINGTON COUNTY this," said Kit Borgman, a National Rank 19 - National rank: 6 said. In Virginia, he had neighbors whose daily ' spokeswoman for the state Population: 1.1 million Population: 201,130 commute took nearly two hours. Department of Employment Strong points: Strong points: Though critics often label Minnesota a and Economic Development Short commutes (only par among Top 20 counties, Stable population (58 percent have lived there high-tax state, that didn't show up in the study Gary Smith, executive vice but among the highest scores when compared longer than 5 years) results. Though higher than the national aver- president of Rochester Area with the nation's biggest counties) High household income ($66,809 is higher than age at $28 per $1,000 of household income, Holec Economic Development 83 percent work within county Top 20 average and best among top MN counties), Minnesota property tax is on par with the Inc., said such rankings help Transit availability (7% vs. 3% among Top 20) Homeowner rate (86% vs. 75% of Top 20 counties) other Top 20 counties in the survey.. the state buff its image nationally. The results Diversity (4 points better than Top 20 average) Low poverty and unemployment One area where three of the four Minnesota are naturally of interest to companies and Weak points: Weak points: counties come up short is in diversity. But for individuals In search of new homes. But they Poverty (5% vs. 3% among Top 20, though still half Only one-third work in county Larsen, Minnesota's relative homogeneity won't outweigh critical economic factors, the national average) Longer commutes and poor transit dust 1 percent hasn't translated to a lack of tolerance. Smith said. Companies still will be primarily Property taxes ($33 vs. $28 for Top 20 counties) ' commute by public transit) "There's a tolerance for diversity here, even concerned about the availability of workers New housing (25% vs, 63%forTop 20 counties, Homogenous (diversity is 9 points worse than Top more so than in states that are more diverse," and markets, while individuals still will worry though recent boom isn't included) 20 average) he said. most about good jobs. Homeowner rate (66% vs. 75%forTop20 counties) "But it can be one of those things that, in the G. Scou Thomas, American City Business Journals, pmvided the re- end, can tip the balance your way," Smith said. population in the four top-perfortning counties minutes or less, which for Holec is a relief after sod and vote porticos of tlds story. Todd Klingel, president of the Minneapolis have lived in their homes for more than five Virginia's massive traffic jams. Regional Chamber of Commerce, said that years. Stability lets neighborhoods flourish and "When people complain about traffic lin weiy@bmimakcorn (612) 288-2110 high quality-of-life rankings can help with first enables people to set down roots - roots that Minnesotal I just laugh; this is nothing," he stlenMS(?b¢jorrrdscan) (M 869-5822446 impressions among people who may be trans- often pug back those who have left the state. ferred here by their employer. "The more a "Having friends and family around is huge," positive message gets out, the more it can start said Ken Holec, a former president of Lawson to overshadow winter, which is what people Software in St Paul and CEO of ShowCase Corp. You are lit frifed t®: usually think about," he said. in Rochester. He moved to Virginia in 2001, then He cautioned, however, against complacen- returned to Rochester last year to join an invest- Successful Strategies for 04L. cy. Minnesota still must improve areas such as ment bank transportation infrastructure to ensure it Holec can also testify to another strong Competing in a Low-Cost makes the top of the list in 2020, he said. point for Minnesota counties: a short com- ~p Among the region's strongest assets is a stable mute. Olmstead is well above average in the Manufacturing ®rl d and loyal population: Nearly 55 percent of the number of residents with commutes of 15 ~Y METHODOLOGY This half-day seminar for manufacturers will provide proven strategies that American City Business Journals used 20 statistical indicators to rate the quality of life. successful companies use to compete effectively with low-cost manufacturers. All statistics in ACBJ's study were collected by the April 2000 federal census. The ratings formula compared each county's performance against the U.S. county-by-county aver- ages in 20 categories, yielding an overall quality-of-life score. Counties with upper-income families, Thursday, June 10, 2004 • 7.30 am-1:30 pm large homes and well-educated adults received high marks. Several qualities unrelated to affluence " were also rewarded, including racial diversity, family stability and short commuting times. The Northland Intl Listed below are the 20 categories that ACB1 used to produce the ratings. The letter in parentheses 7025 Northland Drive, Brooklyn Park indicates whether the category's top score went to the county with the highest (H) or lowest (U figure. Registration is $129 before June 3, $149 after June 3 1. Percentage of residents in current home for at least five years (H); 2. Percentage of workers who walk to work or work at home (H); 3. Percentage of workers who work in the same county Register by calling toll-free 1-800-298-3009 or online at where they five (H); 4. Percentage of workers who live less than 15 minutes from work, minus the www.minneapo/ischamberorg and click on Chamber Calendar percentage who commute at least 45 minutes (H); 5. Percentage of workers commuting by public transit (H); 6. Percentage of residents age 25 to 44 (H); 7 Percentage of minorities (blacks, Featured Speakers Include: Hispanics, Asians and Native Americans) minus the national average (30.9 percent), expressed as • National experts on manufacturing competitiveness with current an absolute value. The listed figure is the local deviation from minority representation in the nation as insights from the marketplace a whole, expressed in percentage points. (it is not the percentage of local minorities.) The lower the • CEOs of.two successful Minnesota manufacturers who prove you deviation, the more closely a county minors the nation's diversity. (U B. Percentage of families below don't have to be big to compete the federal poverty level (U; 9. Percentage of unemployeed in civilian work force (U; 10. Percentage of workers in management or professional roles (H); 11. Median household income (H); 12. Median value of owner-occupied homes (H); 13. Comparison of median home value and median household income, expressed as home value per $1,000 of income (L); 14. Comparison of median real estate Sponsored by 360vu Research 8 Education Foundation and: taxes and median household income, expressed as real estate taxes per $1,000 of income (L); 15. Percentage of existing homes built since 1980 (H); 16. Percentage of homes with nine or more si,vely rooms (H); 17. Percentage of homes owned by occupants (H); 18. Percentage of adults 25 or older BE $USDJESS JOURNAL SotiBraijds 1 14171HG.rrSt~C with high school diplomas (H); 19. Percentage of adults 25 or older with bachelors degrees (H); 20. Percentage of adults 25 or older with master's, doctoral and/or professional degrees. (H) RSM MI Gladrey 6MINNEAPOLIS LI S 303- AmA- a Twin Cities Home-ownership and Affordability Matt MuUtns Home-sale records have once again been Exhibit A illustrates the change in home shows, interest rates are one of the determin- shattered in 2003 in the Twin Cities Metro price affordability for a median income ing factors for home affordability. Should Area, establishing records for the 4th straight household based on fluctuating interest interest rates increase significantly, a pool of year. At the end of 2003, the median sales rates. The chart assumes a 10% down pay- potential home-owners are priced out of the price (the price by which half of the homes ment, including principal and interest, prop- market. If interest rates were to rise to sold for more, and half for less) in the Metro erty taxes, insurance and private mortgage 7.5 a householder earning the median Area rose to $199,900, thereby hovering at or insurance (i.e., A household with income could no longer afford a median above the $200,000 mark for the second-half significantly more equity than 10% could priced home. of 2003. This past year's strong housing afford a higher priced unit, as most repeat market is attributed to low interest rates, a homebuyers do. It should be noted many When viewed from another perspective, growing population, and a stable economy. first-time home-buyers have little equity and Exhibits C and D on the following page show So the question remains, "Will 2004 housing cash in reserve for a down payment. the monthly payment on a median home prices further soar at record rates in the Therefore, the smaller the down payment, priced at $200,000, while adjusting for Metro Area, and how would an increase in the "less" house one can afford. According changes in interest rates. Again, assuming a interest rates affect affordability?" to a recent survey conducted by the National 30-year fixed loan with a 10% down pay- Association of Realtors, over 50% of first- ment, including taxes and insurance, a As the median sale price is ever increasing, it time homebuyers have less than a five per- monthly payment of $1,385 would result is the first-time home-buyers that are most cent down payment when locked in at 5.75 However, the affected by rising housing costs. Today's his- same house purchased at 7.0 % would result torically low interest rates are arguably one E.baNt A in a monthly payment of $1,533. of the main components that allowed some 1Metett Rule Fln,tuadon and How Affordability first-time buyers to qualify for an "afford- stn oao SI SSS Montlly Ho si a Allceat on Consequently, an increase in interest rates able" mortgage payment. The Department of F13 Home a«e would require a higher income to afford the Housing and Urban Development (HUD) =mo median priced home. A householder would defines affordable housing costs as up to . s ioloo need a household income of $55,417 to 30 % of a household's adjusted gross income. i afford a monthly payment of $1,385, where- Housing experts and advocates generally as that same home at a 7.0% interest rate agree that housing is considered "affordable" si4oooo would require an income of $63,743, there- if households spend less than 30 % of their SW OM fore eliminating some prospective buyers income on housing. For example, a house- s79 x am4 615% 65a% 7M 7301: from the market. hold with an annual income of $62,217 (the median household income in 2003 in the Metro Area) could, according to HUD, afford As illustrated in Exhibits A and B, a slight Record Low Interest Rates to pay housing costs of $1,555 per month. increase in interest rates (such as one-quar- ter of a percentage) can significantly affect There is little argument that the record-low An increase in interest rates, coupled with the amount of home a householder can interest rates in the past few years have stim- rising home sale prices could push some buy- afford. For example, a median income house- ulated the economy, both locally and notion- ers out of the market. hold can afford a home priced at about ally. The historically low rates have allowed $229,000 when locking in a 5.75 % interest many renters to become first-time home buy- rate over 30 years. However, when rates ers and in many cases, pay less on a mortgage Increasing Interest Rates and increase to 6.0%, that same potential home- than what they were paying for rent. It is Rising For-Sale Home Prices owner can afford to purchase a home valued estimated that approximately 66 % of mort- at $220,000, nearly $10,000 less as a result of gage originations were refinances in 2003, a It is estimated that nearly 90% of people the increased interest rate. As the table number that is expected to decrease to about who buy a house do so by borrowing money. 28% in 2004, as most home-owners have Thus, when interest rates rise, the monthly E.blbtt a already refinanced with the low interest mortgage payment must not exceed the max- rwln Cilia median tnrotee Affordability rates. However, the majority of mortgage imum amount that a household's budget can Tom/MonshlyPgrteent Suss applications in recent months have been afford. Lower interest rates in turn allow Interest Rate Home P- • largely first-time home-buyers, some of homeowners to pay more for their homes 5.75% '224,511 whom are cash-strapped and opting for inter- (acquire more debt) without significantly 6.00% $220,000 est-only mortgages and adjustable rate mort- raisin their monthly mortgage payment 120/6 '211,500 Rising home prices have forced many gages. 7.110°/6 '2.1.010 first-time buyers to come up with more cash, 7.501/6 S 195,201 take out larger mortgages, or settle for lower- axfield quality homes than they would have other- •Assuminga lOX down paymcnl. Include. wise chosen. Although mortgage interest Principal and Interest, Property Taxes, Research Inc. H"meow Insu Once, ana PmI m.a aMe. rates are expected to remain stable through 3 O continued on p.2 continued from pg. 1 Eahlbit D 2004, any increase in interest rates will modate the area's projected population Medl.. Twl. cma6 Hama Pric. $200,000 ultimately force some potential home-owners growth. Due to the scarcity of land in the sl.sso s6aaoa out of the market core cities and first and second-ring suburbs, $6..666 association-maintained housing such as 1 .550 S62." townhomes and condominiums are expected & SI.SaO 560A00 Looking Ahead to be the housing choice for many buyers. s1lw $36,000 sIA00 SSfiX0 ' < s1.zw ss<o6o Historically, housing markets since World An expanded population base coupled with $000 s52.o66 War II have always increased. In fact, there stable interest rates should produce 2004 s1~w sw.oo6 has never been a full year in modern U.S. his- home sales similar to 2003, or slightly trail- 6.16% 6.00% 6]5% L3034 7.OOX 7.50% .,t.~.3 t>„. tory when home prices have fallen across the ing. Although the median sale price grew by entire U.S. economy. Homeownership today 8 % in 2003, median home sale projections Exhibit C is still viewed as the "American Dream" and for 2004 expect appreciation to be approxi- Twin Cities Median Home Price (2003) most people's single biggest asset. The State mately 6 % to 7 The National Association 1200000 of Minnesota historically exhibits one of the of Realtors projects that the 30-year fixed highest homeownership rates in the country. mortgage will average 6.7 % in 2004, still low Imcrm Rate Fstim.tcd Payment • Income According to the 2000 Census, 74.5 % of all by historical standards. As a result of low 5.75% $1,365 $55,417 Minnesotan's owned their homes, second interest rates, new home sales and the mort- 6.00°/. 51,414 $56,566 6.15% $1,443 s57,732 only to West Virginia. gage refinancing boom have been the key 6.50% $1.473 $58,vo9 drivers to boosting the economy, while home- .00% $1333 $61,3743 41 7.s07i $1,591 f63, The Metropolitan Council projects a regional ownership continues to be the most solid population base that is expected to grow by investment for many American household- Amm'mR. 10% d.- p.ymmt. Includes Pn"cipl another one million people by 2030. ers. Nonetheless, a rise in interest rates poses .nd PMI Irts 1n a W P operty rues Hameownan lmwnntt, According to Peter Bell, the Metropolitan the single greatest threat to affordable hous- and uranu. Council's Chair, the Metro Area must add ing and would push some buyers out of the half a million new housing units to accom- market Ma#Muains &n or RwavcbAlulal~ Since 1983, Maxfield r raxfield Research I_ Research Inc has >r' Mr Afullius joined AWarfrelcl Reecaurh in january of 2003 ay a Rawirb Analyst helped guide the real Ner bcw~r in trxd estate rc rerrrcli and corrsulling jw sir yrcrns, spcrkdtrirtq ill estate community in assessing ttrrnkt! detnund jor ptnpo ect and ersting re l estateprojects, conducting v realizing the full potential of Jetisibilily sludics and rwil estate market anal}su. its public and private assets. Consulting services Ak # bas conduclerl rad eslate market imy7mb on btyxdjof a icicle i aneTy ofthenls including the provided by Maxfield Research support developers, ]ollowingbotvinr,,urelad, lourism, e7derldbunenl, gamink. I&Ibnug. kovei7 n eld tntdfinraruial planners and financiers of senior housing, multi- insiilutions. family housing, government-sponsored projects and commercial developments. Man is a grachiale of u. Cloud S7ale Unfivuly toilb a &7nv in Local and Urban 4finiS aml is a hansal Real Bkde Broker in lbe stale ojtFfntnesolo. Afad is a member ojtlm 11hineapolis Mary Bujold - President Aaodation ojReallors, the Rhimsola Association of Radtots, cntdThe National Awdation of Maxfield Research Inc. RwIlon. 615 First Aver. NE, Suite 400 Minneapolis, MN 55413 Phone: (612) 904-7977 The 2004 Maxfield Senior Housing Update is Fax: (612) 904-7979 now available. If you would like to receive a copy of the mbujoldemaxfieidresearch.com Senior Housing Update, please visit our website at www.maxfieldresearch.com www.maxfieldresearch.com, or please e-mail your name, company, and address to: paustin@lmaxfieldreseerch.com and we will send you a free copy via e-mail. ' Please note - all future editions of Sitelines will be posted on our website: www.maxfiel&esearch.com 012H16204072 e.t.}~ }4h•~ t- ru'a 05/14!2004 tyro 'iaileE From 55+13 +E}M1a• US PQST>4GE axfield Research Inc. 615 First Aver. NE, Suite 400 Minneapolis, MN 55413 Phone: (612) 338-0012 Fax: (612) 904-7979 www. maxReldresearch.co m Mikc Ridley City of Eagan 3830 Pilot Knob Road W ~e Eagan, MN 55122-1897 ~ jie) tv~i V ~ N O O Our Open House on June 3rd will make a Grand Impression. Minnesota Center for Obesity, Metabolism & Endocrinology (MNCOME) & Interstate Partners cordially invite you to attend an Open House on June 3rd from 4:00 p.m. - 7:00 p.m. at Grand Oak Office II located at 880 Blue Gentian Road, Eagan, MN. As our honored guest you will tour MNCOME's state-of-the-art clinic and conference center at the award winning Grand Oak Office II building. "Impressions of Summer," an exhibition of original watercolor paintings by local artist Michael Daly will be on display. Each guest will have the chance to take home a framed and matted reproduction of "Zen Garden" by Michael Daly. Interstate Partners will also be unveiling exciting new site plans for the next phase to the Grand Oak Business Park. Come let us seduce you into summer. Why spend this evening anywhere else when you can sip wine, savor summer cuisine, and be serenaded while watching the sunset from our back patio. Please R.S.V.P. by either mailing back the enclosed card by Friday, May 28, or sending an email to kirvan@interstatepartnersmn.com. 3o6. -'i 7a- city of cagan Press Coverage Published the week of May 22-May 28 202 bA~'•, S"-a v U r r-+ p U ~ r ~ a) .,.i$~•, U CCS _ m o C o° c~5 0 Sv r -4- 'cc o F oww rU 0 to a) O C+ O U O c6 F=1 ;a U m-pfd,'':- o C') Jco. 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'+U-' a) y-~ G a) q o 4) H ~ ,.o o co a'.l : " , a) p bn O O U U t", H in cC CZ C ^a S O p cs r, + Zs a R CG cG O S: p C, rG U p ~a SU-" rJ S: •i EUy v a) bA iJ i .'7 U rnt qi 'U ~ 4- cr Ecc; 03 Q; O 'U fr] 4ti ,r_' s c F-, x a c> e c r 75 o[~ r E- Off: a r~ Q) 2 co b o z 'R. a Er wV N c~ CQ 4 dE~ E" oA ca 14 ao o V Cc c a~+ y vc N r c a O `L ,:a E~ C y O d cu QL) a~~ ca aa0ib cb 11 "too C* OLI to 0 to w c° y= a>,q a,E o c• 0'~ ob Kca o ~w eon~CCOW3~~ c;; Oa >3 ra y~,, a~o ~ o E 3 to o t2 -~2 0 i y a~ o0 40. 0 ti O bA O C ,D N N O ~6 .0 r w U U C o O cc 4.) f N W w o'>,~ o il cN aai J5 0 c w 00 to 41 s 5 ~ooo~to yoCGacaieocoo ~Fo Development/brom lA several large, old trees from the "Unless you knew what was lot, part of which is -heavily under there, you would think wooded. Plans also call for a it's just a grassy hill," she said. wetland to be -filled and an . While she is not opposed to. the housing proposal, Holbeck the property, such as buried oil existing pond to be expanded. said she is concerned that the barrels and construction Representatives from' Toll development of the property be debris, which could possibly Brothers are well aware of the handled with environmental contain asbestos. The cost of manure problem, -said land the asbestos removal alone is acquisition manager John sensitivity. estimated at $500,000, Helmer. Currently -the big, old trees Helmer said. "We want to address those on the property act as efficient `As a develop er at the end of issues and resolve those issues filters to clean the water as it . runs through the . property. the day I want a clean site. That he don't want to forget them,'. Without them, water quality `is the goal," he said. 'I want to he said. _ could be impacted, she said. leave the site a lot better than 1. According to Toll Brothers, "There are areas that have came into it." years of stockpiling manure on The property is still owned the property has "polluted and suffered terribly. There are a by Diamond T anch degraded wetlands, destroyed lot of dead trees, she said. ' Y proprietor "But there are -still beautiful Carol Thomas. Closing on the trees and dramatically altered trees on that property and some site is contingent upon approval existing topography." effort should be made to pre- of the plat. a The specialist to company is remove the to e the top serve them:' The Planning Commission top Plans call for the removal of voted unanimously to "do noth- But four inches some of the soil residents said id said that about 81 percent of the trees, to ing" until some of the issues that be replaced with 149 new trees. are addressed. The plan will removing four. inches from the Forester Steve Nicholson come back to the commission top isn't nearly enough. was hired by Toll Brothers to June 14. Once home to more than 100 visit the site and classify the horses, portions of the property health of the trees, many of Erin Johnson is at became a massive dumping which are dead and damaged, eagan.thisweck@ecm-inc.com. ground for manure. he said. The Minnesota Pollution "The forest on the site is Control Agency (MPCA) declining, and it will continue found Diamond T Ranch in to decline unless something is violation of state .environmen- tal laws in 1997 done about it," Nicholson said. . . According to the MPCA; the stockpile area was about 100 by 300 feet :in 1997. MPCA Inspector -Randy Ellingboe "We don't have Sherwood wrote in his. report that he Forest," Helmer said. "wouldn't want to venture to Resident Eric Vevea dis guess on the ' depth of that agreed. manure stockpile:' "It is Sherwood Forest to Ellingboe also noted that some of us," he said: -_"I, think water. runoff into the wetland part of the reason it's not con- was contaminated by manure.` sidered Sherwood Forest to him Although there are no laws is because of the damage the or ordinances that require him manure has done:' - to remove the manure, Helmer Helmer said he is concerned said, as a developer, he is just about environmental impacts as as concerned with the quality well, and his company is taking of the site as the neighbors are. the extra step of having two Building on a contaminated environmental assessments of. site would not be to his benefit, the site: he said. Phase one of the assessment "I'm doing this voluntarily -identifies areas of environmen- on my own so I have a nice site tal concern, he said. to sell," he said. "I can't sell "Phase two is a ratchet manure lots. Who's going to above that. It goes into more buy them?" detail," he said. "The intent is Neighbor Sharon Holbeck not to come in here and screw said she has watched the things up." manure pile up for years, and . Other environmental haz- the piles are now covered in ards have been discovered on 310 blankets of grass. 3 y y., F.. U.~ y❑ V U T G c~ y W a y h o> o0 v h Y Y ❑ w N > W o~ y U L 0-0 aTr N 0 "CCy .--i CCS L G.' INi C iy 3~ ~o b~ E b o o❑ c 3 cd >U w x o ~w y R1 co" w ° i0 c ~.i ~ Y ca b ~ ~ c~ ~ a b a w L~ 'b Ld h C O °V N ftf to 0 3 e .c E O v ° w CQ o:° w v o2 ca Q R. cc cz ° ~ 4y °~~°'a~a~.~° w >~va°cac3 .0 -101 O ° eo a a O a> .~4 o. o ~ C w c 00 cl 4r " v-°•~ w caw a3 0~ c 3 0.°~ ~J 2 ti 41 I p o ~o❑3U~~° a"~ y ~ b c000pY°~,~ a~~tobY W p) " C3 Q a a- b Y a~ N Y p O ooh o a am o- aqw y Y • S w y W CIS ' ~ Q' ~ ~ ~ • ~ 0~ W ~ p y E-' • [ ti. Q G ~ 'b ~ ~ ~ Y O ~ y ~ tom.. F y N *'SE•' H ~ v aQ ~'w vC) GCU3 OWE tz° U.0 w° w°a ~iG, y3 a° a oar °'ool'~c>>o ~o~3c ~a~i~~e ~OQ'3 3 a cj o W.10 y a.., o q O ts.a a4U ti a~ w h i m O N bA- y o a 00 '=43 O c~a 0 O> O p vi ~w~~~C~W~.,~Ny~?:coo° o to O 3 V w > Y N v~ cy v. m ce O w Y O.~ > on N y Q OA y a TU y Tw h. c`na. d O O U 0 w -0.0 ~ Y ,O Q w E~x . y Ql y cC Q w' N i. Q y ~C " ' cd cYd .T+ C .U a.>' w .0"E T N ccz C m Y " 3 w ° C GL ° o w 't' • V Y aCi V• r j U rA -C C •Y-i o y ° O . a) a r+. C 't7 tts a) > y cz N y G U T ^p u. h a) V .fly E'• c~C avi N cYC a y a y ° = '"E 0 N N Q a y p •Y. 'o o y ^d to a ° ° Eia a~u a~ ao3 y E" 3 b 41 F" a a O`- y i an 3 Y E- 'O 0 GL C~ ce Preparing the Parks Eagan's Parks Department readies the city's recreational areas for summer use by Erin Johnson work. Due to the loss of state THISVMEK NMSPAPMS aid, the city lost six seasonal After a long, sleepy winter, positions. That means there are the city of Eagan is preparing six fewer people to mow the its parks for the inevitable bar 500 acres of city parks. rage of summer activity. "That's the equivalent of Some parks, like Patrick 1,500 residential' lots'" Olson Eagan Park, are left alone in said. their natural state. Others, how- The frequency of mowing ever, require prepping and sea- will be reduced -this': summer sonal maintenance, said from 2.5 times a month to 1.5 Superintendent of Parks Paul -times a month.. That applies, to Olson. recreational parks and boule- This year, however, there vards'on city streets. The fre- will be fewer people to do the See Parks, 10A Parks/from IA tant part of the city's water quality program, he said, as is quency of trimming grass the sparing use of chemical around park buildings will also spray for feeds in particular be reduced, he said. In addition to keeping the seem to elicit complaints from grass trimmed, park workers the community. need to get recreational areas "They are obnoxious, but ready for use. Athletic fields they're not noxious:' he said. must be striped, grass must be The city gets many different irrigated, trash containers must opinions from residents on how be put out and emptied daily, to handle weeds, he said. and park lighting systems must "Some want everything be maintained. Summer is also sprayed, others have concerns a time for parks staff members about chemicals in the environ- to work on special projects and ment," he said. install new playgrounds. Some weeds. must be con- To keep the grass green trolled. But since dandelions throughout the summer, staff axe not noxious, it is not a to eradicate or con- members fertilize parks in the requirement spring and fall. The city began trol them. aggressive using phosphorous-free fertiliz- The city takes an er five years ago, before the stance on maintaining a healthy state put a ban on fertilizers turf, he said, which tends to containing phosphorous. crowd the weeds out. Phosphorous fertilizers are used "We are conservative with only in areas that have tested spraying and aggressive with low in phosphorous, Olson our turf;' he said. said. y 4At Using environmentall Erin Johnson cs: friendly fertilizer is an impor- eagan thisweek@ecm inc.com. I3 0 il. 1 i-1 A, T J Middle-school stud"eats' notes were h a1~.es James "What o2ceomigatt have sbeen a pra?i`l: is now a very serious rnatter," he sFid. BY LAURA YUEN pair of 13-year-old girls at Valley Middle "You don't threaten people's lives ori-l Pioneer Press School confessed they had discussed safety anymore without being charged ma-king a bomb, and one said she wrote a with a cra-?a." Two hoaxes that began as scribbled message on the girls' bat:lroorn wall hidi- Educators, too, said such thrreats ms` messages warning of explosives have eating the bomb was inside the school. be treated sternly. resulted in felony charges against three All three teens have been charged as Rosemount-Apple Valley-Ea ran District 196 middle-school students. juveniles with making terroristic threats, schools reconmend expulsion for the i A 14-year-old boy has admitted ~,vrit- a felony. The two incidents took place students behind such hoaxes, Said :fls- ing a note in early May that suggested a within six clays of one another. trict spokes_nan Tony Taschner. He safe: bomb would go off at Eagan's Dolota The charges indicate the gravity of Fulls h/litddle School. In Apple Valley, a the crimes, Dakota County Attorney FELON CHARGES, ME tf B-,,,, lon said. As Eagan officers and five f Pr .1 K,-., y explosive-detection dogs from • j s neighboring agencies searched P O / s the schools, the were pulled away frorn other work, lhAltho said. s (continued) Although the 'threat didn't result in costly overtime expens- es, some low-priority emergency he coddn't com_nent on any spe- calls took a back seat. cifie disciplinary action taken "People were told to call back against the suspects. or just to wait," he said. "t/7e The bomb threat prompted were strained, to say the least." officials to send more than 3,500 The school district has sent e- students home early from Dako- rna.ils to parents urging their to to Hills and nearby Eagan High tally to their children about the School. Security care ras tipped conseque-trees of ruling boni'", rjobce off to the v"I'O f'.!. .o'1f.,sse-s t...) Ji.i~ L.LL pie I ieing corfro, ed 1.vith han iw'it- )lit Vne se-7e ir,,: ( IZ vt'.,:2 t ICJ, r n Oi'71)... InS. ~1,e iL, _ J•.A 1:- . . c: 't.'le>' ni both cz sE5s, the buald=i:gs stan:.t(it," Taschner said. were cleared and searched. "It's a disruption in the day, Reporter Shannon Prather co?z- and it's unsettling for kids and tributed to this repo; i. staff members," Tasehner said. Laura Dien covers Apple Valley It can also be a disruption to and Eagan. She can be reached at the entire con112rwaity, Eagan lyi.renrJpioneei p; ess.corn or Police Chief Kent Tlierkelsen 651-228-5498. 313 0" Qj 1) a) o ~ .r r :ti a v cod E- C) g-, O a~ c. V °to w - " Ca V ° C~ ca cVi 5 r n w ' o o 4`_$ v a>bLQ r A o v1 s~ cj 71 2, ~ . i'll Chao' and AT&T Wireless to offer citywide service around the country. Wi-Ff, in contrast is - designed to be a "wireless (continu.ed) nology for long-range use. This local-area network" tec_ruzolo- - is accomplished with radiolike gy, with an emphasis on the a devices installed atop light "local," Kerton argued. I ~J In Chaska, those providers poles and other vantage points. While praising Tropos' inge- include Sprint, which offers The devices don't require hard- nuity, I;erton warned that the phone-based DSL service, and wired access to the Internet, firm's city networks could be Time Warner cable. The only power, which means they subjected to interference from national companies could face can be deployed quickly and other V/Vi-M networks as well as a formidable foe in tiny Chas- affordably. from cordless phones, - ka.Net, the city-run Internet In Chaska, 64 of the wire- nnicrowave ovens and other c`-X service provider. less-networking devices are devices that use the same wire- Along with its' wireless- scattered over a 4-square-mile less spectrum. Internet-anywhere approach, test area. About 200 will be Ron Pequette, a Tropos which neither Sprint nor Time deployed over 12 to 13 square sales director who appeared The city fOreS2eS Warner can match, Chaska.Net miles by mid-June to create a with Mayer at a Tuesday press at least 2,000 Of 2tz; intends to compete on price - citywide netvork, Mayer said. conference, said the firm has about $16 a month for home Once the radios are in place, the interference problem users, or roughly what pokey home users will get wireless licked. 18, 000 residents dial-up access costs. access from any nearby radio, Tropos' Day said Wi-Fi is a r ng ~~~i^=" The city foresees at least said Tropos communications fne choice for a citywide iwire- si gni 2,000 of its 18,000 residents director Brad Day. Users who less network because it's a signing up for the wireless work in different locations proven, low-cost, easy to use the wireless set"c7iCt;; service, creating what mforma- throughout the day will only technology that performs reli- tion-systems manager Bradley need to log on once. They will ably in other U-S. cities where creating what Mayer calls a "connected coin- even be able to surf as passen- the firm has done work. Tropes r unity" and defraying net- gers in moving vehicles as they has set up or is installing large- work-setup costs over about t avel within the network, he scale Wi-Fi networks in New , three years. , said. Orleans, Ncrth Miarni Beach, %i1anagert3rc+c~lez Chaska.Net has prior wire- Access won't require exotic, Fla., and the Los Angeles sub- , less experience, offering a expensive gear but only a staff- urb of Cerritos Mayer CCiLIs more s e( ii¢e.' 1, n.d of calk-le Li {rCi V'di T O~1 C'xrd or ?C'.tcSS t0 c OLT 55 bilSlneSS e(llii'lale'_li, S1 C11 as a ne',"er tion from _ Gter Internet iLmS a L~1z•1ieCL: clients throughout Carver model Windows or Macintosh and wireless tecllnol^ es. Colinty. or*able v;i%il integrated V i- " ' { ! ° t„~cil:•Lt.~..Zc.2 Ci,1i-~:. Y• b t Fi. A ti'1''.--. i COU£•irr, known, as The city's newer wireless Home users ~AiH get wireless WiMax is gaining ground network also is intended as a "bridges" that function as VVI- around the coun defraying try even public safety tool. Computers Fi receivers, Day said. though it's still experimental. now found in police squads will This is all well and good, In Minnesota, firms such as network-setup CDS be adapted for Wi-M use, for said one industry expert, but StoneBridge Wireless and instance. Wi-Fi isn't necessarily the best Implex.net offer V~iMax-based over abort three z'ea7 But the network is primarily technology for a citywide wire- wireless service over large intended for home users, which less network. areas. Tech- makes Chaska and its technolo- Using the short-range tech ologis t ells Paul-based he spec ail ;ed gy partner, California-based nology for long-range networks Alvarion gear needed to set up land, Wash.-based Nzo Tropos Networks, consumer- is like "rising a hammer to Wilvlax networks. Wi-l)_ trendsetters. Mobile Networks halted IivL . drive in a screw," said Derek Other wide-scale-wireless service in Duluth and ot_. Tropos specializes in adapt- Kerton of the Curtain Group, a experiments have failed spec- cities in and near Minnesot: ir_g the short-range Wi-M tech- Silicon Valley wireless-technol- tacularly in the region. In July after less than two years. ogy consulting firm. "You can 2001, Metricorn pulled the plug do it, but wouldn't it be better on the Ricochet service it Julio 0°eda-Zapata writes ab • ~,er a 6 I if you found a better tool?" offered in the Twin Cities and J rp Feaoh a'. Such tools include wireless about a dozen personal technology. other cities. It at jojeda@pione pioneerpress.cors c:- 0 r n e S s VVV tec_hnoiogies such as E vD~J was the nation's first large- 651-22s-5467. See hispersena%- f ( and EDGE now being used by scale high-speed network. technology meblog at 3// the likes of Verizon `Wire' S And earlier this vear rrirt-- h++„•,1,, 1 tiJ Zoom N;;1nh),-7 must fc,'no.jv state Statt+_ and I": ri and 1o n."!sweso-f t l Ca;.crt f„lilc".io_n for a JCt,3! l r r Jc:il? Sr;=.jJ l~•tj' i,%. Y- ge_- .eral ISty-l, tiJ111 c.'iarte ri i- year a.nrl ali uef Dre quit - - i ~s call ?act ^ily po-'JV'rs un7 ° 1= 12 SiCi ;71+`l~ SiT?3~i:1$ t0 ;Tit o rv r, alii and philrso f i 1. !1 Eagan residents _ ei _rinh-ie1 2'"_ y ccniliel ,wi`h state ';t e. _SO g3nastioned ,i° i,a- {i1i_e_ S. 1 Ad n? agree Q:_-11H e tO O1+.a lige their city ovelilYtie.it N nnesc a's sLat i$3ry city cccl ; Hdity of Be OUi1-odd stun d uns the i?_,,. bn the x?10oriyi C f+:i!:., have reached a is ~12stoi<'' cor_1- does not address a certla,n is- Ga the 2000 charter I1 tition, co-a ais ;J . xant:.d to r ke i, " 0 whga craft dtianer to deliver sue, tatutory cities must ask and he °'m rniSSi! n's o t.3 la. ,'`_id 'he a_L,plied ;f1 iJ the City, oCouncil. Lbe t,eSis1ae_ire to bV°th requifedl a?i ual aillotnml~nt of join tht3 . Lf•ission f;R^T2 tfiaTi _iri.'.G' yens ?_g7, an am2ii{jLi2flt to ti1a COd.'G or {;$;500 in rx.:.pay'r Td'u-AJ~ he 'ili, z.'_l:tI';e of ti. a j_i_, r e__! io~ .7 rilt<`+ti_r>1 sl-.'ec nn _r i. ]~drri ;o for edd , said that the rr~'n$ gotn It,.:;' n, „ in res judge ~ ,r Am.- f,..lk;.y •.,y',7_;+LP,i+_..v., iT..-- I';C .=n of _3'i2ii .ui7t a , ti.__idBl ._:.L, 'CuranUssiLo11 in re3ponse to at it _n - sc:as+.tfir', i ia2Cle .::,s fury td ° not Ant b<t tit it v,' `iethe. IL a `'r.t'Cr/it__'' 1i2 -iv 3 . i ` least SL'"L'eral .ltu:.` red residents as `t booiI to u_--osq`oots involy> can be in:I~p? oved. rc i" governr±:l `,?,.i+ 1Si13 S sx erl c petifieli request- int. G'Iiidbg We dq V o toiad- But, King said, thafS not ,shat i g t-h2 {;r3 is..I atlJil of a char- 0i t,riii'P__, ;3t_,.; 853 cide 10 romi,s and giving tt~ l i'li{ -ie c: i-i ? 1iscicjn set oiit to do. t,.T citl' are horns ul:, cha ttr cites. t eGa.ind! repre3ent'1 ?cn vn'.l T 17'g, theere n+ :Z saJ.lT Betty _ .'+i' i lhartef ,3gt'.n i_liy AC1+31117oo.? er f_prw Eagan gammment's "very i conunisgon2rs conlnlissio_-I said Tb'ra 'f 3 SI . i he Ors ,3 nt i ctDn leC:icri to iii i ,']..''ants, it 121t good to Unish 211: craft on w wedl - ,dde said. '.~rJJ T/ihs `rv'um 3g<._',7.i ti _`i.ci?-Current 'rkJ sitter years of oUtical road- charter _ .,cause ._l i, cni- L l -I?er-abcrs and the mayor Cotincil T;.... Feria is blocks and !:o?ir?liSSi•:aa turn- c erns and beci_?.?;e he be eland at 1, i Sif+s Or Cf3m.111 . over. A vDLe in November on ?.'~,it?'•r+.l,.,'q tnedr::tft. _',.,i"_jers. were if_'.rl,`..` that it be_ a1 e z? we rmPosed9 Ci1sd;1ps VliH gm ,.o g il, 80Z) p Cp'- Signed a Cuumtl_y, We CIt°J is i :fEifl i0 iP~ L ;3[ raii7t T { _?i msidc^,irtsWe charneto choose a Niti ri in 2000 leading to tl c e'ii.'d IL-'j1 tear at laige council looking at d?lat was gucd. 1:; ,iore open, naore 1epre.,ef1t2t1Va croatiorl o f=_.._ h I er com- _r embers and d , ia Gi. $I Lie city tt_ iiso i.C" h,-v: I k 0d pV 'nment, Fe acts; said. rhlssicn. "Tl inl C?Ll -five 3v be C'1 ~r 2rsc-. i ail e,iJa for a i w LlinderWecc-nu liSsion'spro- I''aul B?SAe , , CRY Council c es and ea'-,-3 for 65,06.3 wThzn itcros di eyv..ianied." € oral Eagan wouldcha 8 C y ip 1 r:rom 1993 1o 2002, has they're all located c0se togeth- Fedde t a i want t chnnaw y a statutory city to a horne rule del. _J Leto the t,Qli__T_issioiTs ..i?' i:,{'de. ,sked. pCl tica" i chaser cif Four i~Tards ,,ice _''d lol-1. in the last :r. Da" 1.."'2i? ia,~1:, 1 t''2 firs-, ^ f. j 2 , meanwhile, said ~J.q '_iIti,dV Jlel3."S ..L lz~ be GGS 'ls?Cl and a citize-n said 'ha has several f';rchli . _iS that a zr7 1 3y .tel can lead to chartf,,r authored idol citizen-arse ' )r:dtln the cci-nr,is3io:. 1.1! Erst, Fema2 candidates over 0l and "The Q,;tlC..i s 3c is hiSty= •i able governing charter `!'Tculd he said, is that `nabD _y? yet t0 „[i_^,%:nonl ir_Cumbei cy v,-thin and I hope it ti_ d oet reP5 ; - be ZOOM i y!rnoG./,Aedge has node a very wards. "it makes it h reeler for ad," site said. "-You felt i 1 ^J tt t fAit?fq'-.,'sotfs ciatutory cities mood t case for why a till.:.- to Is neophytes to get in, Bokk a be l own as the Eo,-, an wit.12 the n?-cossaiy." said. "Council me-mbers tend to squabbling Cicy C? Lmcil " i Ths; ari`drtar c o nrnission become rtiore e l ranc_h_ed." ior Is ;]ld}i_ld have first smdiedl 11 he Toil Mng S os a inernber of VMS Q AMC Q. ' V` filq a~ proposal fonner N, "ond'T "'he pi . ^ (-acre fi?rrmf and Sul,'+=]?- _ I'J J i g it __2*'--' and 82 to-viinhoums. TH lpa;X iu because of I bout Li-ee Plans, I`l•°; ~'.'S"° i'-ii7i;,?'JdS, a si g on T PMP:' A'.'JAS P smed ?his 00 13 :•i', ~. city of eagan MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 1, 2004 SUBJECT: LAST MINUTE CHANGES FOR JUNE 1, 2004 AGENDA CONSENT AGENDA Item D. Sale of City Property @ Northwest Corner of Highway 3-The City received a fax dated Tuesday, June 1, from Metzen Appraisals, stating that the purchase agreement for the City property located at Diffley Road and Highway 3 in the amount of $475,000 or a range of $4 to $5 per square foot is most reasonable. For a copy of the letter from Metzen Appraisals dated June 1, refer to the attached referenced as page 26A. Item S. Direct Findings, Laukka-Beck-The City has received a letter from the applicant's representative withdrawing the comprehensive guide plan amendment. Therefore, it is appropriate to remove this item from the agenda which will be so noted at the time of agenda adoption. Item T. Direct Findings, Lone Oak Development, LLC-The City has received a letter from the applicant's representative withdrawing the comprehensive guide plan amendment. Therefore, it is appropriate to remove this item from the agenda which will be so noted at the time of agenda adoption. Item U. Retail Sales of Fireworks License Applications-Applications were received from Target Corporation, located at 2000 Cliff Lake Road, and Oasis Markets located at 2000 Rahncliff Rd, 1424 Yankee Doodle Rd, 3390 Coachman Rd, 3150 Dodd Rd and 1286 Lone Oak Rd to sell inside consumer fireworks. They are seeking approval of licenses pending successful review of the applications and background checks. Chief Building Official Schoeppner is requesting that these applications be added to the list of retail sales for fireworks license applications as identified under Consent Agenda, Item U. Item X. Anderson Property, 30-Day Extension to Record the Patrick Eagan Park Addition Plat It is necessary for the City Council to approve a 30-day extension to the 60-day recording deadline imposed when the subdivision was approved on Apri17. ACTION TO BE CONSIDERED: To approve a 30-day extension to record the Patrick Eagan Park Addition plat through July 7, 2004. From discussion with the City Attorney's office, it appears that the property will not be recorded before June 7 (60-day recording deadline). OLD BUSINESS Items A & C have been continued until the June 15, 2004 City Council meeting. According to the developer, those items will be heard at that meeting. NEW BUSINESS Item F. This item is to be continued until the June 15, 2004 City Council meeting. ECONOMIC DEVELOPMENT AUTHORITY The City Administrator will propose that the EDA portion of the meeting be cancelled for June 1. There is no business to be brought before the EDA at this time. /S/ Thomas L. Hedges City Administrator ~t-01-2~4 11=17 FROM: hET7Eat 651-~f55:2Tgg Tp: 9~ 432 3~ Lune 1, 2004 - Robert B.Bwec 3evereon, doa, ~~+B~Y & Molenda, P.A. '7300 West 147''x' Street Apple vatley, ~ri SSi~4-7538 'AS~.De~vy Road ~ T~ghw4yr 3 I'itree! Deer Mr. Bacs~, Paraueat to ywr request, I have rav~ewed the pwchasoe agreeme~at in refar+enae oQ the abov+ prnperty, a ~.~ tbs iteai£ Considariag the restrictive uses of the parcel, tl~e pur+chass price of $475,000.00, or a reage of 54.00 to 55.Ob'Aei' s~uere ~fdot is ntiost Rasoasbla_ i have fouad :vies is the sage of ~6.00~ td' ~8.q0 per equere foot, however, thole sales included uses of restau~tnts,: oonvint~ stared arc., which ead~cx the value ofthose salsa. If you seed further ~ rq mry t~Ch, pled Seel fl~ tv contact tne. 1 Siztandy. P.09~~~82 L~ 21VI. ~W ~ R,e:! ~ ~ M#rgallott I.D. *4000869 ~~~~ 4~ z sou'r++viEw 51.va ~-80v7l~.s~rnrr wuJt. t i~sea:eor~ s~o~ i ~h10N~• es,-eas-2Z, a • Fix. es~ -gas-2~zr ~b (~