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07/20/2004 - City Council RegularAGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING July 20, 2004 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS p ~. A. RECOGNIZE Volunteer Service of Don Holz ~,3 B. RECOGNIZE Parks and Recreation MRPA Awards iV. CONSENT AGENDA ti~ Ct A. APPROVE MINUTES 16 B. PERSONNEL ITEMS C. CHECK REGISTERS ~q D. APPROVE Tobacco License for Sinclair Retail ~E. APPROVAL Findings of Fact for Denial, Laukka Beck Development Proposal Application ~~ F. APPROVAL Findings of Fact for Denial, Loan Oak Development, LLC Development Proposal Application ~3oG. APPROVE Change Order No. 1 for Contract 03-12, (Highway 13 and Silver Bell Road - Intersection Improvements) /03~ H. APPROVE Change Order No. 2 for Contract 04-03, (Coachman Road/Terminal Drive/Borchert I_ Lane -Street & Utility Improvements) ~I. APPROVE BECT Sponsorship Guidelines P3~1J. APPROVE Amusement Device License Renewal g K. FINAL SUBDIVISION, Schwanz Addition -David Schafer 0 L. FINAL SUBDIVISION, Sugar Bluffs -Mike and Karen Stack y~M. APPROVE Reimbursement Agreement- Eagan Hotel Group, LLC (Days Inn) ~3N. APPROVE Patio Location Modification -Keystone Communities u~s0. APPROVE Authorization to Solicit Proposals, Northeast Eagan Land Use Study y n P. VACATE Public Right-of-Way, Gun Club Road - (Cont'd. to August 17, 2004) P ~ Q. FINAL SUBDIVISION, Long Acres -Manley Land Development - (Cont'd to August 17, 2004) ~$r R. FINAL SUBDIVISION, Long Acres 2"d -Manley Land Development - (Cont'd to August 17, 2004) Ds~ S. RECEIVE Petition and Order Public Hearing for Vacation of Drainage & Utility Easements for SE '/4 of Section 36(Long Acres) ~S 6T. APPROVE 2004-2005 Eagan Airport Relations Commission Communications Plan V. PUBLIC HEARINGS y4 ~3A. VACATE Public Drainage & Utility Easement, Lot 1, Block 1, Stryker Addition (Cedarvale ~" Business Center) VI. OLD BUSINESS P ~n A. CONDITIONAL USE PERMIT -GEMSTONE PRODUCTS COMPANY - A Conditional Use Permit to allow an / above ground 10,000 gallon bulk form release oil tank on Lot 17, Block 4, Eagandale Center Industrial Park, located at 2955 Eagandale Boulevard in the SW '/4 of Section 3. VII. NEW BUSINESS ~~ A. APPROVE Resolution directing that the question of a Proposed City Charter be added to the November 2, 2004 General Election / / B. PRELIMINARY SUBDIVISION & VARIANCE - Rachael & Claus Thorpe-Newman - A Preliminary Subdivision 7 (Thorpe Woodland Gardens 3"~ Addition) of approx. 2.2 acres to create 3 single family lots and a Variance to the minimum lot width requirement of 85', located at 3450 Wescott Woodlands in the NE '/4 of Sec. 14 I~ C. COMPREHENSIVE GUIDE PLAN AMENDMENT & PRELIMINARY SUBDIVISION - MWF Properties - A Q Comprehensive Guide Plan Amendment to amend Special Area/Business Park to Special Area/High Density residential and a Preliminary Subdivision (Cedar Pointe Apartments) to create 2 lots, located on Silver Bell Road and Hwy. 13 in the NE '/4 of Sec. 19 VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA X. ECONOMIC DEVELOPMENT AUTHORITY (No items are scheduled at this time) * 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. A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURNMENT XI. OTHER BUSINESS XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. ~~ i ~'~!~ c-_ MEMO aty of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 16, 2004 SUBJECT: AGENDA INFORMATION FOR JULY 20, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 20, 2004 City Council agenda, the following items are in order for consideration. Agenda Memo July 20, 2004 Eagan City Council Meeting Recognitions and Presentations A. RECOGNIZE VOLUNTEER SERVICE OF DON HOLZ ACTION TO BE CONSIDERED: Recognize the volunteer services of Don Holz, Friends of the Farm. FACTS: • Don has contributed 1000 plus hours of volunteer service at Holz Farm going back to 1996. • Don is a prized member of the Friends of the farm as s the nephew of the last property owners, Otto and Ella Holz. As a youth, Don spent hundreds of hoursat the farm doing much the same activities as today. His knowledge and experience at the farm is invaluable. • Don was also a key player during the Holz Farm Master Plan process in 2003. • His passion and commitment to the Holz Farm is tremendous. • He has a reputation as a hard working gentleman who gets things done! ATTACHMENTS: • None Agenda Memo June 15, 2004 Eagan City Council Meeting Recognitions and Presentations B. RECOGNIZE PARKS AND RECREATION MRPA AWARDS ACTION TO BE CONSIDERED: Recognize awards granted by the Minnesota Recreation and Parks Association (MRPA) to the City of Eagan Parks and Recreation Department. FACTS: • In early June the City of Eagan was notified they had been selected to receive six separate Awards of Excellence from the Minnesota Recreation and Parks Association. • The awards were in recognition of projects completed in 2003 and will be presented by Donna Tilsner, Chair, MRPA Awards Committee. • A total of 20 awards will be presented to 12 municipalities/counties. Eagan is receiving almost one-third of all the awards, which is an outstanding representation for the city. • Awards are being presented for: 1. Programming and Events: - Community Center and Central Park Grand Opening - Film Festival - Battle of the Bands -Collaborative effort by City of Eagan, City of Apple Valley, YMCA, and Dakota County 2. Volunteer Initiatives: - Teen Advisory Board 3. Park and Facility: - Central Park and the Eagan Community Center 4. Communications: - Community Center Brochure, Video and Virtual Tour • ATTACHMENTS: • None 3 Agenda Information Memo July 20, 2004 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the July 6, 2004 Listening Session and the July 6, 2004 regular City Council meeting as presented or modified. ATTACHMENTS: Minutes of the July 6, 2004 Listening Session are enclosed on page Minutes of~he July 6, 2004 regular City Council meeting are enclosed on pages through ~. CITY OF EAGAN LISTENING SESSION EAGAN ROOM -MUNICIPAL CENTER July 6, 2004 6:00 P.M. A Listening Session was held prior to the regular City Council meeting on July 6, 2004 at 6:30 p.m. in the Eagan Room of the Municipal Center. Eric Romo, 1325 Crestridge Lane, discussed concerns regarding traffic issues in his neighborhood. He stated that the amount of traffic had increased and speed limits are not observed since the upgrade of Duckwood Drive and Town Center Drive. Mayor Geagan and Council directed staff to conduct traffic counts in the area and follow-up with Mr. Romo. Patrick Murphy, Katherine Circle, discussed concerns he has regarding a neighbor that is possibly conducting a business from his home. Mr. Murphy was especially concerned over the amount of traffic coming and going to the property, parking adjacent to the subject home, and advertisement of the business via signs on parked trucks. Staff was instructed by the Mayor and Council to investigate the subject property and follow-up with Mr. Murphy. Respectfully submitted: Mira McGarvey Administrative Secretary /Deputy Clerk s DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 6, 2004 A regular meeting of the Eagan City Council was held on Tuesday, July 6, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were Ciry Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary /Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges noted that item M on the Consent agenda had been removed, item A under Old Business and item A under New Business will be continued to the July 20, 2004 City Council meeting. He also noted that an additional item regarding changing the August 3, 2004 Council meeting to August 2, 2004 has been included on the Consent Agenda. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS NATIONAL NIGHT OUT City Administrator Hedges discussed National Night Out which is to be held August 3, 2004 throughout the City. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt a proclamation naming Tuesday, August 3, 2004 as "National Night Out" in the City of Eagan. Aye: 5 Nay: 0 4TH OF JULY Mayor Geagan recognized volunteers and staff members for their work on the 4`h of July festivities. CONSENT AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the Consent Agenda as amended. Aye:S Nay: 0 A. Minutes. It was recommended to approve the minutes of the June 15, 2004 regular City Council meeting and the June 28, 2004 workshop /retreat as presented. B. Personnel Items. 6 Eagan City Council Meeting Minutes June 15, 2004 Page 2 DRAFT 1. It was recommended to approve the hiring of Keith Daley as a part-time custodian/maintenance worker at the Community Center. 2. It was recommended to approve the hiring of Kimberly Grimm and Karla Hoehne- Sohre as part-time fitness attendants at the Community Center. 3. It was recommended to approve contracting with the Ken Vraa Consulting firm for Parks and Recreation projects. C. Check Re inters. It was recommended to ratify the check registers dated June 17, 2004, June 24 and July 1, 2004 as presented. D. Amusement Device License. It was recommended to approve an Amusement Device License renewal for Theisen Vending Company. E. Payment of Storm Sewer Trunk Charges. It was recommended to authorize City payment from the Park Site Acquisition and Development Fund of Storm Sewer Trunk charges on the acquired Anderson parcel (Outlot A Patrick Eagan Park Addition). F. Accept Donation. It was recommended to accept a $7,000 donation from the Eagan Lion's Club for the purchase of defibrillators by the Eagan Fire Department. G. Contract 04-07. It was recommended to receive the bids and award Contract 04-07 (Lexington Ridge Court -Street Improvements), to Veit and Company, Inc. for the base bid in the amount of $105,047 and authorize the Mayor and City Clerk to execute all related documents. H. Project 909. It was recommended to receive the petition and authorize the preparation of a feasibility report by the City Engineer for Project 909 (Taconite Trail -East of Blackhawk Road -Street and Utility Improvements). I. Extension for Recording Final Plat. It was recommended to approve an extension for the recording of the Final Plat for Manley Plaza to August 7, 2004. J. Final Subdivision. It was recommended to approve a Final Subdivision (Mother Nature Addition) to create 2 single family lots, for property at 4137 Rahn Road. K. Final Subdivision and Final Planned Development. IT was recommended to approve a Final Subdivision (Lexington Ridge) and Final Planned Development to create 171ots, and 16 attached townhomes, for property at 4225 Lexington Way South in the NE '/4 of Section 27. L. Final Subdivision. It was recommended to continue consideration of a Final Subdivision (Schwanz Addition) to create 8 twinhome lots, for property at 3200 Pilot Knob Road to the July 20, 2004 meeting. M. Pulled N. Joint Powers Agreement. It was recommended to approve the Joint Powers Agreement with Dakota County to Participate Jointly with Other Cities the Dakota County Wetland Health Evaluation Program through 2008. O. Di~osal of Firearms. It was recommended to declare 23 firearms in the custody of the Police Department abandoned or unclaimed. P. License Agreement. It was recommended to approve a license agreement to permit U.S. Homes to locate a sales trailer for the Nicols Ridge Subdivision on the City owned parcel, formerly known as the Lachenmayer property. Q. Modification - K~stone Communities Senior Housing. It was recommended to approve modifications of exterior architectural details for the Keystone Communities Senior Housing Project in the Cedar Grove Redevelopment Area. Eagan City Council Meeting Minutes June 15, 2004 Page 3 DRAFT R. Contract 04-04. It was recommended to 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. S. Exempt Permit. It was recommended to approve an application for an Exempt Permit for Experimental Aircraft Association to hold a raffle at the Eagan Community Center on October 10, 2004. T: Tobacco License. It was recommended to approve a Tobacco License for Oasis market at 2000 Rahncliff Court. U. Reschedule Meeting. It was recommended to reschedule the August 3, 2004 City Council meeting to August 2, 2004 due to "National Night Out". PUBLIC HEARINGS PROJECT 759R, CEDAR GROVE PARKWAY FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment hearing for street improvements on Cedar Grove Parkway. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Maguire seconded a motion to adopt the Final Assessment Roll for Project 759R (Cedar Grove Parkway -Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 905, LONG ACRES /LEBANON HILLS REGIONAL PARK STORM SEWER IMPROVEMENTS City Administrator Hedges introduced this item regarding storm sewer improvements at the Long Acres/Lebanon Hills Regional Park. Public Works Director Colbert gave a staff report. Mark Hanson and Rich Brasch of Bonestroo, Rosene, Anderlik & Associates reviewed the feasibility report for the proposed project. Mayor Geagan opened the public hearing. Thirteen residents spoke expressing concerns which included, the amount of assessments, lack of support from Apple Valley, Rosemount and Dakota County, shared expenses by developers, the lowering of Marsh Lake, the possibility of constructing a new lift station, and the possibility of future flood damage to area homes. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council and staff. Public Works Director Colbert responded to the questions/concerns raised by the residents. Councilmembers discussed the need to acquire ~' Eagan City Council Meeting Minutes June 15, 2004 Page 4 DRAFT assistance from Dakota County. The option for residents to request deferment from assessments was also explained. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 905 (Long Acres/Lebanon Hills Regional Park -Storm Sewer Improvements) with the following conditions: Aye: S Nay: O 1. Include all of the basic improvements and include the following upgraded improvements: a) Driveway Improvements b) Marsh Lake Pipe Outlet (alternate -show with and with out) c) Connection to Wetland 121 2. Authorize the preparation of detailed final plans and specifications for a contract that may be let within 2 years after said approval and the acquisition ofright-of--way and easements through quick-take Eminent Domain, if necessary. GUN CLUB ROAD RIGHT-OF-WAY VACATION City Administrator Hedges introduced this item regarding the vacation of public right-of--way known as Gun Club Road south and east of Biscayne Avenue, stating that the right of way vacation can only take place in conjunction with the final subdivision of the Long Acres plat which has been continued to the July 20, 2004 City Council meeting. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. No action was taken. This item will be brought back as part of the Long Acres plat on July 20, 2004. OLD BUSINESS FINAL SUBDIVISION (LONG ACRES 1sT ADDITION) MANLEY LAND DEVELOPMENT City Administrator Hedges stated this item will be continued to the July 20, 2004 City Council meeting. REZONING, PRELIMINARY SUBDIVISION (EVERGREEN ENCLAVE) EPIC DEVELOPMENT City Administrator Hedges introduced this item regarding a rezoning of 7.7 acres from Agriculture to Single Family residential, a preliminary subdivision of 7.7 acres to create 71ots and an outlot; a variance to the front setback on Diffley Road of 0 feet for the existing home on Lot 7, Block 1, Evergreen Enclave and; a variance to allow Lots 2 and 3 without public street frontage, all on property located at 4195 Lexington Way South. These items were continued from 9 Eagan City Council Meeting Minutes June 15, 2004 Page 5 ®RAFT the June 15, 2004 City Council meeting to allow staff time to review revisions to the proposed subdivision. City Planner Ridley gave a staff report, highlighting the revisions. Rich Ragatz, Epic Development, discussed the revised plans and requested that consideration be given to the dedication of Outlot A as a credit for park dedication fees. An adjacent property owner requested information regarding tree protection measures and a sound barrier. City Planner Ridley explained tree preservation requirements and the Council stated the sound barrier issue should not include the City. Councilmembers held a discussion which included the park dedication fees and the dedication of Outlot A, and the possibility of conservation easements. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning of 7.7 acres from A, Agriculture to R-1, Single Family residential for property located at 4195 Lexington Way South. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Evergreen Enclave) of 7.7 acres to create 71ots and an Outlot at property located at 4195 Lexington Way South subject to the following conditions. Aye: 5 Nay: 0 1. The property shall be platted. 2. The development shall be responsible for a cash trails dedication. 3. Outlot A shall be dedicated to the City in a form acceptable to the City Attorney as park dedication. 4. The lots along the private street shall be served by individual private water services extending from Lexington Way. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 6. If approved, the private street shall be constructed with a vehicle turnaround in accordance with City engineering and fire department standards. 7. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 8. The applicant shall contact the City Forestry Division and set up apre-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. 9. A cash dedication in lieu of ponding shall be required. 10. A conservation easement over Outlot A and Lots 2, 4 and 5 shall be provided per staff recommendation. /d Eagan City Council Meeting Minutes June 15, 2004 Page 6 CRAFT Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to the front setback on Diffley Road of 0 feet for the existing home on Lot 7, Block 1, Evergreen Enclave subject to the following conditions. Aye: 5 Nay: 0 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. The variance shall only apply to the existing building on Lot 7, Block 1, Evergreen Enclave. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to allow Lots 2 and 3 without public street frontage, subject to the following conditions. Aye: 5 Nay: 0 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 only applies to Lots 2 and 3, Block 1, Evergreen Enclave. INTERIM ORDINANCE TO ESTABLISH A DEVELOPMENT MORATORIUM PERTAINING TO COMPREHENSIVE GUIDE PLAN SPECIAL AREA #1 LOCATED BETWEEN I-494, TH 149, LONE OAK ROAD AND THE INVER GROVE HEIGHTS BOUNDARY TO COMPLETE STUDIES PERTAINING TO THE FUTURE DEVELOPMENT OF THE AREA City Administrator Hedges discussed background information regarding this item pertaining to development proposals for the Laukka Beck and Loan Oak Properties and their relationship to the City's Comprehensive Plan and existing zoning which was presented at the May 18, 2004 and the June 15, 2004 Council meetings. Community Development Director Hohenstein stated that at the June 15, 2004 meeting, the City Council directed the preparation of an interim ordinance to establish a moratorium for the study of certain issues relative to planning for the area's future. He noted that the Council had reserved several items to be determined at the time the moratorium was considered including the issues to be considered during the course of the moratorium and the duration of the moratorium. He also asked the Council to consider whether to prohibit all construction and development activity during the moratorium or to permit certain activities within the area under certain circumstances. Peter Coyle, Larkin Hoffman, representing the prospective developers of the Laukka Beck and Loan Oak Properties, expressed his objection to the moratorium and requested that, should it be approved, the duration be no longer than six months. // Eagan City Council Meeting Minutes June 15, 2004 Page 7 ®RaFT Councilmembers discussed potential study topics and the duration of the proposed moratorium. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Interim Ordinance to establish a development moratorium for a nine month period pertaining to Comprehensive Guide Plan Special Area #1 located between I-494, TH 149, Lone Oak Road and the Inver Grove Heights Boundary to complete studies pertaining to the future development of the area with the following list of issues to be studied. • Analysis of the Relationship of Development Alternatives with Existing Development in Special Area #1 • Status and Adequacy of the Commercial Land Supply • Relationship Between Changes in Airport Operations and Aircraft Noise Technology to the City's General Land Use Policies • Fiscal Impact Analysis of Revenues and Costs Associated with Development Alternatives for City, County and School District Services • Impact of Major New Residential Areas on the City's Park Improvement, Maintenance and Programming Capacity • Relationship Between the City's Economic Development Policies and Potential Changes in the Supply of Commercial Land • Analysis of Expansion and Development Plans of Major Businesses in the Northeast Area and the Effect on the Availability and Need for Commercial Land - Ecolab Development Plans, Effects of the Airline Industry on NWA Plans, Thomson-West Expansions, Grand Oaks Build Out, Continued Redevelopment of the Hwy 55 Corridor, etc. • Extent to Which Mixed Use Alternatives Could Address Other City Priorities - Indoor Recreational Uses, Cultural Activity Areas, etc. • Study of the Installation of an Interchange at 494/Deleware/Argenta Trail -Such a study may need to entail a larger area traffic study to define how development alternatives may affect/complement the proposed roadway improvements identified under the Grand Oak AUAR at Hwy 149 & 494, including the potential need for anorth-south connector street between this potential interchange and Lone Oak Rd. (Co. Rd. 26). • Ecological Impacts of Development Alternatives including tree preservation, water quality impacts, etc. • Impact of Development Alternatives on Demand for Public Safety Services. • Types of residential uses that are more compatible with aircraft noise • Future transit expectations for Highway 55 corridor. • Regional population projections and Eagan's future housing needs. • Is there potential for saturation or over planning for certain land uses. • Discussion with Inver Grove Heights The Council also selected alternative language outlined in the draft ordinance that would allow for the issuance of building permits for repairs, tenant improvements consistent with the existing business park or expansion of business park uses and to allow property owners to approach the City Council to request that their property be removed from the study area if the Council were to /02 Eagan City Council Meeting Minutes June 15, 2004 Page 8 CRAFT determine that the proposed development would conform to the Comprehensive plan and zoning code and that it would not conflict with the purpose of the moratorium. Aye: 4 Nay: 1 (Councilmember Fields opposed). NEW BUSINESS CONDITIONAL USE PERMIT -GEMSTONE PRODUCTS COMPANY City Administrator Hedges stated the applicant has requested that this item be continued to the July 20, 2004 City Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Conditional Use Permit fora 10,000 gallon above ground tank on Lot 17, Block 4, Eagandale Center Industrial Park to the July 20, 2004 City Council meeting. Aye: 5 Nay: 0 REZONING AND PLANNED DEVELOPMENT AMENDMENT BLUE CROSS BLUE SHIELD City Administrator Hedges introduced this item regarding a Rezoning of Yankee Place on 1750 Yankee Doodle Road from Limited Industrial to Planned Development and a Planned Development Amendment to include Yankee Place in the River Park Planned Development for properties located at 3400-3500 Yankee Drive and 1750-1800 Yankee Doodle Road. City Planner Ridley gave a staff report. Roger Kleppe of Blue Cross Blue Shield discussed the proposed rezoning and planned development amendment. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Rezoning of Yankee Place (1750) Yankee Doodle Road) from Limited Industrial to Planned Development. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to include Yankee Place in the River Park Planned Development for properties located at 3400 - 3500 Yankee Drive and 1750-1800 Yankee Doodle Road, subject to the following condition. Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement must be executed and recorded. PLANNED DEVELOPMENT AMENDMENT - WENTWORTH PARK City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to allow a change in building materials for the office condos, located at 4662-4672 Slater Road. City Planner Ridley gave a staff report. /3 Eagan City Council Meeting Minutes June 15, 2004 Page 9 ~RA~i Brent Thompson, Mission Hills Development, discussed the proposed changes to the building materials. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Planned Development Amendment to allow a change in building materials for the office condos, located at 4662-4672 Slater Road subject to the following conditions. Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement must be executed and recorded. 2. The architectural changes are approved as shown on the plan dated March 15, 2004. PRELIMINARY SUBDIVISION (KREITZ ADDITION) JIM HUGHES City Administrator Hedges introduced this item regarding a Preliminary Subdivision of 1.9 acres to create 2 single family lots, for Lot 13, Block 7, Country Home Heights, located at 2890 Fairlawn Place. City Planner Ridley gave a staff report. Jim Huges, applicant, requested the shed on proposed Lot 2 be allowed to remain. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Kreitz Addition) of 1.9 acres to create 2 single family lots, for Lot 13, Block 7, Country Home Heights, located at 2890 Fairlawn Place, subject to the following conditions. Aye: 5 Nay: 0 1. The property shall be platted. 2. The shed on Lot 2 shall be removed prior to the issuance of any permit for Lot 2. 3. An individual tree preservation plan is required at the time of building permit for Lot 2. 4. The developer shall provide evidence of Xcel EnergyTs release of a portion of the easement to allow this proposed subdivision and construction of a house on Lot 2, prior to final subdivision approval, in a form acceptable to the City Attorney. 5. A cash dedication in lieu of on-site water quality ponding is required for this development. 6. A cash park and trail dedication for Lot 2 is due at time of building permit. 7. Architectural designs and construction methods shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. ADMINISTRATIVE AGENDA EAGAN HEIGHTS 3RD ADDITION - DIEDRICH BUILDERS A request was made for Council to restate their decision regarding a request for a Planned Development Amendment for Diedrich Builders on Lot 17, Eagan Heights 3~d Addition. The /~ Eagan City Council Meeting Minutes June 15, 2004 Page 10 ®RAFT amendment included increasing the porch and deck size on Lot 17. Council indicated that an increase of 7 feet to the deck would be acceptable. Councilmember Fields moved, Councilmember Tilley seconded a motion to increase the deck size on Lot 17 from 5 feet wide to 12 feet wide. Aye: 5 Nay: 0 A meeting of the Economic Development Authority was convened at 11:00 p.m. The regular City Council meeting was reconvened at 11:15 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the regular City Council meeting at 11:10 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. /S Agenda Information Memo July 20, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Cascade Bay Facility Manager-- ACTION TO BE CONSIDERED: To accept the resignation of Aaron Hunter, Cascade Bay Facility Manager. Item 2. Separation from Service/Sergeant ACTION TO BE CONSIDERED: To approve the separation of service for Sergeant Trent Johnson due to a disability. Item 3. Temporary Compensation Rate/Administrative Assistant/Parks ACTION TO BE CONSIDERED: To approve a temporary increase in compensation to Exempt Range K for Parks & Recreation Administrative Assistant Mesko retroactive to the payroll period beginning Apri14, 2004. FACTS: ^ Upon the retirement of the Director of Parks & Recreation, Administrative Assistant Mesko assumed significant additional department-wide duties. ^ In addition, she will add more duties to her responsibilities due to the resignation of the Cascade Bay Manager. ^ It is the past practice in situations such as this that an employee's compensation rate is temporarily adjusted. Item 4. Revision/Retirement Insurance Policy ACTION TO BE CONSIDERED: To approve a revision to the Retirement Insurance Policy which covers regular non-bargaining employees. FACTS: ^ For clarification purposes, staff is recommending additional language taken from state statute describing requirements for employees to be eligible for retirement insurance and also further defining the phrase "other insurance." ATTACHMENT: Attached on page ~ is a copy of the proposed revisions to the policy. /6 ~-~,__~ _~ ~: ~~_ ~-f ~~~ city of eagan RETIREMENT INSURANCE POLICY The City will contribute to regular employees who retire from the City of Eagan after 15 or more years of continuous service, who DFD A ..e„~;,,,, ~oro~+~ first became a public employee or a member of a pension fund listed in State Statutes 356.30, subdivision 3, before July 1, 1989, whose attained age plus credited allowable public service total 90 years, and who collect sa~full Public Employees Retirement Association (PERA~ pension benefits, the amount contributed to active non-bargaining unit employees towards health insurance premiums. This contribution would continue until the ex-employee becomes eligible for other health insurance coverage, including but not limited to Medicare, unless the City of Eagan no longer provides group health coverage to any of its employees. /~ Agenda Information Memo July 20, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 8, 2004 and July 15, 2004 as presented. ATTACHMENTS: • Check registers dated July 8 and July 15, 2004 are enclosed without page number. /~ Agenda Memo July 20, 2004 CONSENT AGENDA: D. TOBACCO LICENSE - SINCLAIR RETAIL ACTION TO BE CONSIDERED: Approve a Tobacco License for Sinclair Retail #22060, 1815 Diffley Road FACTS: Sinclair Retail has complied with the requirements to obtain a tobacco license • Staff deems the application in order for approval ATTACHMENTS: None /9 Agenda Information Memo July 20, 2004 Eagan City Council Meeting Consent Agenda E. FINDINGS OF FACT & RESOLUTION OF DENIAL - LAUKKA BECK DEVELOPMENT PROPOSAL APPLICATION ACTION TO BE CONSIDERED: To adopt the Findings of Fact & Resolution of Denial for any amendment to the Laukka-Beck Planned Development and the pending concept planned development application for Outlot N, Lone Oak, Dakota County, Minnesota. FACTS: - A development proposal for the Laukka Beck Property (Laukka Beck Planned Development) was considered at the City Council meetings of May 18, 2004 and June 15, 2004. The applications proposed to change the land use and zoning in a portion of the northeast area of Eagan to permit the development of residential land uses in an area of the City guided and zoned for Office Service uses. The applications raised a number of issues related to the planning designations, policies and assumptions for that area. - At its meeting of June 15, 2004, the City Council determined that a development plan that might include residential uses would be in conflict with the City's current Comprehensive Guide Plan and that an amendment of that plan would be necessary to consider such a development proposal. - In order to more fully consider issues and factors that would help determine whether such a modification would be appropriate or not, the Council directed preparation of an interim ordinance to establish a development moratorium for an area including the proposed development property for purposes of performing a study to assist the Council in making decisions related to the long term planning of that portion of the City. - At its meeting of July 6, 2004, the City enacted the moratorium ordinance for a period of nine months through March 30, 2004, which was published on July 15, 2004. - The prior application may not be considered while the moratorium is in place. The applicant has previously extended the period within which the application may be considered, but that extension will expire prior to the completion of the moratorium period. The prior application and representations in its regard were complex, referring at various times to the request being for a Comprehensive Guide Plan amendment, Planned Development Amendment and Planned Development Concept Plan. It is necessary to bring closure to the prior application during the course of the current moratorium. a.v Agenda Information Memo Page 2 July 20, 2004 Eagan City Council Meeting Consent Item E FACTS (Continued) - As a consequence of this combination of factors, it is proposed that the prior application be denied at this time. At such time as the moratorium is concluded and any findings from its related studies are enacted, a new application may be submitted. ATTACHMENTS: (1) Findings of Fact & Resolution of Denial, page ~ through ai BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application for a Planned Development FINDINGS OF FACT AND Amendment submitted by Laukka-Beck Eagan RESOLUTION Partnership Based upon all the files and records presented to the City Council, the City Council makes the following Findings of Fact and Resolution. FINDINGS OF FACT 1. Laukka-Beck Eagan Partnership (the "Applicant") is the owner of approximately 27 acres of land legally described as Outlot N, Lone Oak, Dakota County, Minnesota (the "Property") 2. The Property is located within Special Area No. 1 of the City's Comprehensive Guide Plan. In Special Area 1, the Property is identified as Office/Service. The Office/Service land use category is intended to provide areas for offices and lower intensity service and retail businesses. The Comprehensive Guide Plan states that zoning categories considered to be consistent with Office/Service include Agricultural, A; Limited Business, LB; Neighborhood Business, NB; and potentially Research and Development. 3. The Property is zoned PD, Planned Development and is a part of the 1985 Laukka-Beck Eagan Planned Development Agreement. Within the Planned Development Agreement, the Property is designated for Office, Office Showroom, Research and Development and Retail. The Planned Development Agreement states that if it is terminated, the use of the Property would convert to CSC, Community Shopping Center district. as 4. Under the City's zoning ordinance, residential use is not permitted in the CSC, Community Shopping Center districts. 5. On February 18, 2004, the Applicant submitted applications to the City for a Comprehensive Guide Plan Amendment and a Planned Development Amendment. The Applicant has also, in communication to the City, identified its request as a pending concept P.D. application. 6. The Applicant sought to amend the City's Comprehensive Guide Plan to reflect proposed residential uses on the Property and to amend the Laukka-Beck Planned Development Agreement to provide for residential use. 7. In April of 2004, the City, by letter to the Applicant, extended the deadline for action under Minn. Stat. § 15.99 to 120 days or June 15, 2004. 8. At the City Council meeting on May 18, 2004, the Applicant withdrew its application for a Comprehensive Guide Plan Amendment. 9. By letter from its legal counsel dated May 28, 2004, the Applicant granted the City a 60-day extension under Minn. Stat. § 15.99 for further processing of any pending application. 10. On July 6, 2004, the City Council adopted an interim ordinance, which ordinance became effective, upon its publication, on July 15, 2004. The interim ordinance applies to all property located within the City lying northerly of Lone Oak Road and easterly of TH 149 (Dodd Road) which includes the Property. The ordinance states that no proposal for rezoning (which includes Planned Development Amendments and Planned Development Concepts) or Comprehensive Plan Amendments, shall be approved by the City Council from the effective date of the ordinance through March 30, 2005; unless the ordinance is otherwise terminated as provided for therein. a3 11. As a result of the interim ordinance, the City Council is prohibited from acting upon the Applicant's requests and therefore, it must deny the Applicant's requests. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's requests for any amendment to the Laukka-Beck Planned Development and the pending concept planned development application are hereby denied. Dated at Eagan, Minnesota this day of July, 2004. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk a~ Agenda Information Memo July 20, 2004 Eagan City Council Meeting Consent Agenda F. FINDINGS OF FACT & RESOLUTION OF DENIAL -LOAN OAK DEVELOPMENT PROPOSAL APPLICATION ACTION TO BE CONSIDERED: To adopt the Findings of Fact & Resolution of Denial for any amendment to the Cray Research Planned Development and the pending concept planned development application for Loan Oak Properties for Outlot D, Cray Addition, Dakota County, Minnesota and the east one-half of the southeast quarter of Section 1, Township 27, Range 23, Dakota County Minnesota. FACTS: - A development proposal for the Loan Oak Property (Cray Research Planned Development) was considered at the City Council meetings of May 18, 2004 and June 15, 2004. The applications proposed to change the land use and zoning in a portion of the northeast area of Eagan to permit the development of residential land uses in an area of the City guided and zoned for Office Service uses. The applications raised a number of issues related to the planning designations, policies and assumptions for that area. - At its meeting of June 15, 2004, the City Council determined that a development plan that might include residential uses would be in conflict with the City's current Comprehensive Guide Plan and that an amendment of that plan would be necessary to consider such a development proposal. - In order to more fully consider issues and factors that would help determine whether such a modification would be appropriate or not, the Council directed preparation of an interim ordinance to establish a development moratorium for an area including the proposed development property for purposes of performing a study to assist the Council in making decisions related to the long term planning of that portion of the City. - At its meeting of July 6, 2004, the City enacted the moratorium ordinance for a period of nine months through March 30, 2004, which was published on July 15, 2004. - The prior application may not be considered while the moratorium is in place. The applicant has previously extended the period within which the application may be considered, but that extension will expire prior to the completion of the moratorium period. The prior application and representations in its regard were complex, referring at various times to the request being for a Comprehensive Guide Plan amendment, Planned Development Amendment and Planned ~S Agenda Information Memo Page 2 July 20, 2004 Eagan City Council Meeting Consent Item F FACTS (Continued) Development Concept Plan. It is necessary to bring closure to the prior application during the course of the current moratorium. - As a consequence of this combination of factors, it is proposed that the prior application be denied at this time. At such time as the moratorium is concluded and any findings from its related studies are enacted, a new application may be submitted. ATTACHMENTS: (1) Findings of Fact & Resolution of Denial on page ~ through / . a6 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application for a Planned Development FINDINGS OF FACT AND Amendment submitted by Loan Oak RESOLUTION Development, L.L.C. Based upon all the files and records presented to the City Council, the City Council makes the following Findings of Fact and Resolution. FINDINGS OF FACT 1. Loan Oak Development, L.L.C. (the "Applicant") is the owner of approximately 86 acres of land legally described as Outlot D, Cray Addition, Dakota County, Minnesota and the East one-half (E %) of the Southeast Quarter (SE '/4) of Section 1, Township 27, Range 23, Dakota County, Minnesota (the "Property") 2. The Property is located within Special Area No. 1 of the City's Comprehensive Guide Plan. In Special Area 1, the Property is identified as Office/Service. The Office/Service land use category is intended to provide areas for offices and lower intensity service and retail businesses. The Comprehensive Guide Plan states that zoning categories considered to be consistent with Office/Service include Agricultural, A; Limited Business, LB; Neighborhood Business, NB; and potentially Research and Development. 3. The Property is zoned PD, Planned Development and is a part of the 1987 Cray Research Planned Development Agreement. Within the Planned Development Agreement, the Property is designated for uses either identified as permitted or conditioned. None of the identified uses are for residential. a~ 4. On February 18, 2004, the Applicant submitted applications to the City for a Comprehensive Guide Plan Amendment and a Planned Development Amendment. The Applicant has also, in communication to the City, identified its request as a pending concept P.D. application. 5. The Applicant sought to amend the City's Comprehensive Guide Plan to reflect proposed residential uses on the Property and to amend the Cray Research Planned Development Agreement to provide for residential use. 6. In April of 2004, the City, by letter to the Applicant, extended the deadline for action under Minn. Stat. § 15.99 to 120 days or June 15, 2004. 7. At the City Council meeting on May 18, 2004, the Applicant withdrew its application for a Comprehensive Guide Plan Amendment. 8. By letter from its legal counsel dated May 28, 2004, the Applicant granted the City a 60-day extension under Minn. Stat. § 15.99 for further processing of any pending application. 9. On July 6, 2004, the City Council adopted an interim ordinance, which ordinance became effective, upon its publication, on July 15, 2004. The interim ordinance applies to all property located within the City lying northerly of Lone Oak Road and easterly of TH 149 (Dodd Road) which includes the Property. The ordinance states that no proposal for rezoning (which includes Planned Development Amendments and Planned Development Concepts) or Comprehensive Plan Amendments, shall be approved by the City Council from the effective date of the ordinance through March 30, 2005; unless the ordinance is otherwise terminated as provided for therein. 10. As a result of the interim ordinance, the City Council is prohibited from acting upon the Applicant's requests and therefore, it must deny the Applicant's requests. 2~ RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's requests for any amendment to the Cray Research Planned Development and the pending concept planned development application are hereby denied. Dated at Eagan, Minnesota this day of July, 2004. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk ~9 Agenda Information Memo July 20, 2004 G. CONTRACT 03-12, TH 13 & SILVER BELL ROAD INTERSECTION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 03-12 (TH 13 & Silver Bell Road -Intersection Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 03-12 provides for the reconfiguration of the intersection of Silver Bell Road and TH 13, including the addition of dual left-turn lanes on north and southbound TH 13, as originally proposed as part of the approved Project 800R, Cedar Grove Access Modifications. • The change order provides for the following: o Traffic signal interconnect relocation involves the removal and reinstallation of the electrical interconnect system between the Silver Bell Road and Blackhawk Road signal systems. The existing handholes and conduit running along the west side of southbound T.H. 13 were located in the new shoulder area and need to be relocated outside of the proposed roadway. The omission of this work was an oversight and should have been included as part of the original bid. The change order prices were reviewed by the consultant and approved by MnDOT as they were found to be comparable to recent bid prices. (ADD $6,555) o Removal and reinstallation of mast arm mounted sign was not anticipated to be needed under the original contract. The sign mounted on the mast arm located over southbound T.H. 13 must be removed and reinstalled in order to complete the signal work specified in the plans. (ADD $357.50) o Furnish and install temporary loop detectors in lieu of the microwave detectors specified under the original contract. Two temporary loops for the left hand turn movement at the intersection of T.H. 13 and Silver Bell Road were installed in the stage 2 plans per MnDOT's request. (ADD $1,980) • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the Twin Cities metropolitan area. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a Total ADD of $8,892.50 (1.5% of original contract). The cost of the additional work under the change order will be the responsibility of the City's Street Fund as the MnDOT Cooperative Agreement only provides funding up to $500,000 towards the revised contract amount of $621,661.39. `30 Agenda Memo July 20, 2004 H. CHANGE ORDER #2, CONTRACT 04-03 COACHMAN ROAD/ TERMINAL DRIVE/ BORCHERT LANE STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order #2, Contract 04-03 (Coachman Road/Terminal Drive/Borchert Lane -Street & Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 04-03 provides for the bituminous overlay of Coachman Road/ Four Oaks Road, Farnum Drive/ Century Point/ Donald Court (City Project No. 894), and Terminal Drive (City Project No. 898). It also provides for the street upgrade and utility improvements on Borchert Lane (City Project No. 884). • Change Order No. 2 provides for the extension of the contract completion date for sod restoration of the boulevard areas. The change order revises the final completion dates from July 16 for City Projects 894 and 898, and August 2 for Project 884, to September 30 for all three projects. This will allow the sod restoration to be completed within proper turf establishment periods in accordance with MnDOT specifications. • This change order does not change original contract amount. • This change order has been reviewed by the Engineering Department and found to be in order for favorable Council consideration. .3/ Agenda Memo July 20, 2004 Consent Agenda: I. APPROVE BELT SPONSORSHIP GUIDELINES ACTION TO BE CONSIDERED: Approve the Burnsville Eagan Community Television Sponsorship Guidelines as recommended by the Burnsville Eagan Telecommunications Commission. FACTS: • At the July 13, 2004 Special City Council Meeting, direction was given to place the new sponsorship rules on the July 20th consent agenda. • The recommendations were put forth by a special ad hoc study group of Telecommunications Commission members, access volunteers, city staff and community and business representatives. • The sponsorship rules were unanimously adopted by the full Telecommunications Commission on May 26, 2004 and are forwarded for approval by the Eagan and Burnsville City Councils. • The rules are consistent with similar guidelines from the Minnesota State High School League, Public Television, etc., and are necessary to fulfill the revenue generation targets identified in the five-year BECT financial plan adopted by the City Council on March 9, 2004. ATTACHMENTS: Commercial Sponsorship Policies for Burnsville Eagan Community Television-~~~c"s 33- 36 .~a DRAFT Commercial Sponsorship Policies for Burnsville Eagan Community Television PURPOSE: Burnsville Eagan Community Television (BECT) encourages commercial sponsorship and local support of its programming efforts. A diversity of funding sources is instrumental in making additional local programming possible. Commercial sponsorship helps preserve free and vibrant public access, and quality educational and governmental programming and facilities. Such support may take many forms including sponsorship of individual programs or events, sponsorship of nightly programming schedules, sponsorship of an individual channel, sponsorship of or membership in BELT as a whole, product placement, and non-competitive commercial messages on specified channel designations. SECTION 1: COMMUNITY STANDARDS /PROHIBITED SOURCES OF SPONSORSHIP The following BECT rules, adopted by the Burnsville/Eagan Telecommunications Commission, shall govern the permitted and prohibited types of commercial sponsorships. The rules reflect Commission judgment of appropriate community standards. 1.1 Sponsorship or commercial support that refers to any tobacco products, distilled spirits, alcohol, firearms or gambling of any sort is strictly prohibited. No underwriting credit of any sort may depict or refer to such products. 1.2 Businesses with a primary purpose of selling alcoholic beverages-bars, taverns, liquor stores, etc.-are prohibited from advertising on television cablecasts. However, combination businesses such as restaurants, convenience stores or hotels which dispense or sell alcoholic beverages may sponsor or offer commercial support to BELT so long as no part of the sponsorship or commercial message refers to the sale of alcoholic beverages. 1.3 Political advertising, issue advertising or sponsorship from political parties, interest groups or advocacy organizations of any kind is prohibited without exception. 1.4 Display of personal products shall be evaluated on a case-by-case basis by BECT, subject to a general waist-to-knee prohibition. 1.5 BECT reserves the right to accept or reject sponsorships or commercial messages for any product or service, or from any individual, organization or company. 33 1.6 BECT and/or the Burnsville Eagan Telecommunications Commission reserve the right to waive its sponsorship/commercial restrictions if the waiver is judged to be in the public interest. SECTION 2: CHANNEL RESTRICTIONS/DESIGNATIONS FOR COMMERCIALLY-ORIENTED MESSAGES 2.1 Channe120, also known as Showcase 20, is the designated channel for community announcements, upcoming events, and commercial messages in categories not-competitive to the cable franchise provider. 2.2 Sponsorships and underwriting messages maybe displayed on any of the Burnsville Eagan Community Television channels (14, 15, 16, 18, 19 and 20), but commercial advertisements for products or services may only air on Channe120. 2.3 In general, commercial display ads will only be sold in local categories known not to be advertising on commercial TV, including garage sales, individual realtors, local auto dealers, etc. It is the responsibility of the cable provider to notify BECT in writing of any specific categories it has entered with actual sold advertising (for example, hardware stores because it has sold Hardware Hank) and commercial display ads on BECT will no longer be allowed in that category. 2.4 Unless otherwise agreed, sponsorships for individual programs or nightly schedules may contain only one sponsor from a business category. In other words, no business competitors are allowed. (e.g. If US Bank is sponsoring that night's programming schedule, Wells Fargo, Anchor or TCF cannot also be a sponsor.) SECTION 3: GUIDELINES FOR SPONSORSHIP CREDITS 3.1 Once a sponsorship has been approved, the next step is to review and approve the proposed on-air credit that will identify the underwriter(s). This section sets forth the rules applying to credit content, duration, and placement. 3.2 FCC Requirements: From the FCC's standpoint, the purpose served by underwriting credits is to identify the funder in the interests of full disclosure, not to promote the funder or its products or services. BECT will make a good faith determination in interpreting the non-commercialization guidelines. 3.3 Lo os: All sponsors must be identified in video by their name and/or logo. If a logo by itself does not adequately does not adequately disclose the name of a sponsor, then the fender's name must be stated in audio or video. Sponsors could be individuals or companies, but a sponsor may not be anonymous and no sponsorship will be accepted from a private citizen if he or she is a political candidate or office holder. 3.4 Len h: Sponsor messages shall be no longer than 15 seconds. At a minimum, the credit will run at the beginning and at the end of an individually-sponsored program segment. Sports and other live performances ~~ may include additional sponsor messages during appropriate breaks, however sponsorship messages may not exceed more than 10% of any program hour. 3.5 Additional Restrictions: Any language that in BECT's judgment is gratuitously or blatantly promotional is not acceptable. Information that would appear to beself-congratulatory is prohibited with the exception of companies or couples celebrating an anniversary or milestone achievement. Again, any statement that could be construed as an advocacy position on a particular issue is prohibited as are: • Calls to action (e.g., "Come in today and take a test drive.") • Qualitative claims or superlatives (The `best," the "most," etc.) • Direct comparisons with other companies, products or services • Price or value information • Inducements to buy, sell, rent, or lease • Guarantees • Endorsements ("4 out of 5 doctors recommend") • Use of words or phrases like "number one," "leading," etc. 3.6 Sponsor messages should be value neutral descriptions of a product line or service and may include brand or trade names, visual depictions of certain products, location or access information such as telephone numbers and Web or a-mail addresses. 3.7 Acceptable sponsor messages should include, at the beginning, phrases like, "This program is made possible by" or "Tonight's broadcast schedule is brought to you by" or "Major funding for Community Television is provided by." The words "in part" should be used when there are multiple sponsors of a program, program schedule or event. 3.8 Sponsorship of youth sports programming must be consistent with Minnesota State High School League guidelines. SECTION 4: PRODUCT PLACEMENT Product placement is an emerging area of sponsor interest and funding. As such, the BELT rules governing product placement are preliminary and maybe revised at any time by the Burnsville Eagan Telecommunications Commission. 4.1 Only authorized BELT staff or agents acting in their name may sell or agree to air product placements. Access volunteers are prohibited from selling or making product placements as part of their shows. 4.2 As long as it is consistent with the prohibitions and guidelines stated in this document, a coffee cup with a company logo for which commercial support is received by BECT maybe placed on the set of a BECT production or in the field such as between play-by-announcers at aBECT-covered sports contest. No wording or commentary will accompany such product placement. ,~.s 4.3 Similarly, if at half-time a shot of the game announcer revealed, for instance, a Pepsi or Coca Cola beverage container, no advertising or marketing message will accompany the product displayed. The product placement therefore, is passive marketing. 4.4 If there is a subsequent need for more active marketing of a product placement (for instance a cooking show where the appliances for today's show were supplied by Sears), additional rules will need to be developed to guide those efforts. SECTION 5: ADDITIONAL PROHIBITED TYPES OF SPONSORSHIP ACTIVITIES 5.1 No sponsor may attempt to directly or indirectly exert editorial control over a BELT program or its content. 5.2 Funding arrangements must not create the impression that editorial control has been exercised by someone other than the producer or inappropriately influenced by funding sources. 36 Agenda Memo July 20, 2004 Consent Agenda: J. AMUSEMENT DEVICE LICENSE RENEWAL ACTION TO BE CONSIDERED: Approve Amusement Device License Renewal for Lieberman Companies to operate amusement devices at Joe Sensers Sports Bar, Old Chicago, LaFonda's, Valley Lounge, Cherokee Sirloin Room, Mediterranean Cruse Cafe, and Pizza-n- Pasta. FACTS: • Harold Lieberman has applied for amusement device license renewals at the above listed locations. • All requirements of the application have been met and fees have been paid. • Staff deems the license renewal in order for approval. ATTACHMENTS: None 3~ Agenda Information Memo July 20, 2004, Eagan City Council Meeting K. FINAL SUBDVISION (SCHWANZ ADDITION) - WENZEL FINANCIAL ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (Schwanz Addition) to create 8 twinhome lots, for property at 3200 Pilot Knob Road. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present FACTS: • The City Council approved the Preliminary Subdivision to create 8 twinhome units on Apri120, 2004. • The site will take access from Jurdy Road. • Right-of--way dedication to Pilot Knob Road is about an acre. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Subdivision page ,38 ~'~ ~~' Q W ~ ~ =- ~_ ~~` ~ ~ lQ„ " 9l I ~ ~ °~~ 3 i~ w ~ ! . R ~ z n ~ ;~; __ _ ___ ~W r me~~ a ~ U ~R s 1 W a 'o s S g - ~,a =N ol-~ ; _ _ ~~i ~ m0 (IC ~ON -N-tl S~J) OtlOil 80NM :Olld ~ ~t 0 0 cv ~+ Y' %y --e.,~ Y 1.:.-Z ~-~ :.. .~} x..+ ~ a r X W Z ~ O I a N Q I S I ~ I L~ CJ IJ= i I Jj xJi 7 I ~ ~ ~ ~ ~ (', ri (`` \ F \ ~~ I ~- (~ \ _ -' v ,'I .. U 1" I rl /'1 /~ \ n n ~ I n l n l /'~ ~ U U U / V 1 /\ I V I V 1 U V I r/~ ~w s l3ML-, •~ sip a, l l t lw l m _ lmaa xlras x-99U ~ _ ~ / M„LZ,90.005 OS'9ll - - M,£1,90,005 Ll"9Z£ 1 ~~ J~~ '=s ~¢i i ~'^ <~~~ Z~w2 0~~0 ~~~~ ~~~~~ ~~~6n?2 ~~_~. =~a~m W~m _ S ~ ~~$o Owtwid L / ~C~ ' `~ 'c~ -' iii 00 C< ~ SC'99 r--------- I I SHOE L94Z -- -- z I I 00'9r r_== --- I ~ I 00'9r I I I I I 099r ------ I I 90'9r ------ I I ____ _ I I ---------- I 1 I I I I I I I ,~I I I I ~ I I i I I I ; ~ ; I I I I I ~ ~ I I 1 I o~ I I 1 I ~ ~ I I I a I I I I I I ~ 1 la I 1 I I ~ 1 I I 1 I•o 1 I ~ 1 •_ I I Is I I ~ I c I •r ~s'¢:. I h„ I ° I h I ' I„ I ~ } Q O r l Y I ~ mz Ia N I°: I m I M o _ l la 1 ~ I°z I ~ I ([] g Iw (p I°z I n I ~ °z I 00 81 _ ^ I 8 a 8 I g I - w ~I 8 m ~ I S I I 8 I Im I I 8 I m 1 _ 1 I_ l « I ~. _ « _ r I _ 1 « _ I _ I 'te ~ } Q I _ 1- _ I ...... I a r, m " 1 I r:H3n35YJ l1itLL~ I I I r ~ <-' _ 7 ~~ m l V lV . ~ i .. _. i .. --F .-• h~- . g ~ r _ ~ . Oxv 3lvwv ~ y9 ...... .......... ................. . . .... . ........ - J « ~ ~ _ n ~C~ a IY S r I _ '. ~XX :: G b` ' " I ~~~ x ;' it C9 ~ l %aa 90'~L !rt ~~a ea ~_- I_______ I ~ W9r _______ ___u 9[L-_ W9r ______~ m'9r ______-__-- -_ i. -- (l~ ~ON ~_ I t. __ i'H'b''S'0)I ; Otd02i 80N~i lOlid 8 _ I I I I I I (gala w~ NI ~ I 9tE ~- 3.LZ,90.OON OS'9Ll ~- (mla wuonl I I -- r/u~: lw eo i/l.~s 3xl •/un 3Nl A •/u5 ~/ A tl3Nbm 153M.NlIpS 3Nl A awl 153. ]xi « ~` •nni 'L1• v i l _ v i ~ ... , ., r/u9 3xlif0 r/un ]nl l0 awl 15311 lnl~1 .niv~~~ ~~viv~l i~ ii' vl_ = I v C. n ll C~ F`~ l; ~ ,. <; t t; _\ ~,t, i ~l , N ~N `\) $h a b~ o ~ ri N ~b 39 Agenda Information Memo July 20, 2004 Eagan City Council L. F1NAL SUBDIVISION (SUGAR BLUFFS) -MICHAEL AND KAREN STACK ACTION TO BE CONSIDERED: To approve a Final Subdivision, Sugar Bluffs, to create four lots and one outlot on approximately 5.58 acres located east of Thomas Lake Road and north of Cliff Road in the SE '/4 of Section 28. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: • The Preliminary Subdivision was approved Decemberl6, 2003. All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page y~o !~1 W y ggg~ ~ ~eg- b 2 ~ ~ ~~ . ~~ j B ^ n ~ ~ ~ pd n ~ ~ ~R 8 R fi 44 F £ ££ 6 ~ ~~ R ~ ~ s S 55 pp ~$d~d RR ~ € ~ ~ ~ ~ ~ V 6 Z LT ~ # a 4 ~~~ ~ $ R ~ $ $ 8 -i ~ a Z > ~ x = o s 6 j~8 ~ s E c~ i O {g 9 W z ~ T F i y% ~ R ~~ T~ ~ ~i' s ~ ~ ~ d ~ ~8 a, V ~~ ~ VVJJ ~~ f4y o ~ , , ~ ~~ ~ ~ v a a y _ S o Z ~ ~ F b ~ C i ~ ~ ~~ E p e 333 ~ ~ ! = a' ~ ~ ~ t e € €'° e ~ ~ R s g ~ ~ ~ 8~ f 3~ S S N~ ~ 3 ~ >< ~ E a ab $ &$~ 8~ B~ ~- fi ~ ~ b~6~ g ~ a o ~ ~ R ~ y6 ~ y i ~ I ~ R ~4 ~ I m ~ F ~ € ff~ ~8 %~~ y i ~ ;R y {~ i~ ~ ~9 ~- s ~ fffd~ ~~ s I d ~3 ` ~a ~~ gay q 9~ ~~ ; ~ ~ ~ S ~~F~ 40 ~i v~~ ~ ~ ~ ~ ' a R ~A §~>~ ~fi ~ ~' ~~I L ' ..~ 8'~ 4 t y 2 { c EEE b < g~ V l ~z r=~~ ~F ~ ~ ,~ €F~~, y~ P~ t; s 3~ o~~ ~~$ r _ r 1~1 ~ w M F.i..~ , oo•oe- u~a wxc - g Y a.~q~~ vt OLZ W ~ y~$~ ^ ~ i y 33 - ` x3x 35v3 ~b/4 QY Y ~ ~ FsF r5i' \ C I ' ~ `]O.f ` A p «^ ~W . ~ ~ €~~a: ~i ih~ ' 3y 4 ~\ $ i ilp x~3 I~SS ~ ~ s 4 O ~ 0~3 _ '8C "~ ] . O Z ~~ ~i~~ }'_ ' S 5 i'` fc ysy f`~ EE T N ha ~~ y ~ E ~ 1 'n%o~x w; ` E9 ~ K ~~ d p 7F ~ ~ 8 r~ ~z,9,~ ~ ~ / ~ ti ~~ _ ' Z ~"' N ~~ M.LS.[ Lpp$ ; ~t4 ~~ ; i• ~4 ~ t y . ~~ ~ ~ ~ ~~8 ~~S ^ jfltli~ ~ 4 3 al W " ~. g-. ~1' ~ "k'b g ~iE~y' ,.s~ ~ x e ~1 N 4z +~>~/ ~ '? ~ ~ ~~ a u `q„\ \ r ~\ i / n ,3 0 ~ i --! Leo % ~ ~ S ~~ \ ^;3. ~/ / &.~; to ,o e°n t0 ~Y~p \ u7 ~ / ~yry iOL J wa T ~ ~ I J -_ , ' _• f" ~ I ~B - a _ -1 ~ ~~ '~ ~ ~ ~ ~' I ~ ~o a O Y i "~>r ..~ rc Y >R I ---1 ~ i ~ i ~ i ~ ~~ ~~ + _ I ~ l~oT____ _ _ _ a _ i 1 loi _ . °r n:o-c WiBI _.--_-J ~ Y ' ``- roM ~ OEI - ~R OV021 ~~ 3Ntll ~ x,~ ;;, StlWOHl n R ~ ~~ ~ ~ a , ' SLi w w 3~'~ c - - - ~r~L~ ?WV~ Stl!'r~Nl ----- --- 11 3 I -- -_ `- I / T ~ ~ ~ ~ 1 ~ F d ~ 1 ` 5::1.%IJ ~hi ~:.~iti^ '~:~1Li~•!.~. 1v~~~1~_. iN ~~i~~~ti~i U' S~ ~~1 `\ O y = 1 gkEL ~~ J Agenda Information Memo July 20, 2004 Eagan City Council Meeting Consent Agenda M. APPROVE Reimbursement Agreement -Eagan Hotel Group, LLC Da s Inn ACTION TO BE CONSIDERED: To approve a reimbursement agreement for Eagan Hotel Group, LLC (Days Inn) as presented. FACTS: - Background information regarding this business item will be distributed to the City Council on Monday, July 19. ~~ Agenda Information Memo July 20, 2004, Eagan City Council Meeting N. MODIFICATION OF PATIO LOCATION -KEYSTONE COMMUNITIES SENIOR HOUSING PROJECT ACTIONS TO BE CONSIDERED: To approve a Modification to the location of the patio for the Keystone Communities Senior Housing project located in the Cedar Grove Redevelopment area at 3810 Alder Lane. REQUIRED VOTE FOR APPROVAL Majority of Council Members present FACTS: - The approved development plans included an outdoor patio between the building and the gateway signage at corner of Cedar Grove parkway and Silver Bell Road. - The contractor has alerted Keystone that an existing electrical manhole is located in the area of the patio. Keystone is requesting a modification to shift the patio approximately 15' to the south to avoid a conflict with the manhole. ATTACHMENTS (1): Partial Site Plan depicting the approved and proposed patio location on page ~. ~f 3 JUL-08-2004 14 54 TUSHIE MONTGOMERY 612 861 9632 P.02i02 n\ ~~ l \~ 7 ~~; r1~ PREVl0U5 PATlO LL+CATION EXIST. EI.FGT, t1ANN01.E B ~EDED LAWpSCAPING r~ I ~ ~h(LTtA'~ s t~ f ~ ~' ^~o~~ TOTAL P.02 Agenda Information Memo July 20, 2004 Eagan City Council Meeting Consent Agenda O. APPROVE AUTHORIZATION TO SOLICIT PROPOSALS, NORTHEAST EAGAN LAND USE STUDY ACTION TO BE CONSIDERED: To authorize solicitation of consultant proposals to perform aspects of the specific studies contemplated under the Northeast Eagan Land Use Study - specifically a Commercial Land Supply Study, Fiscal Impact Analysis and an update of the Grand Oaks AUAR. FACTS: - Development proposals for the Laukka Beck and Loan Oak Properties were considered at the City Council meetings of May 18, 2004 and June 15, 2004. The applications proposed to change the land use and zoning in a portion of the northeast area of Eagan to permit the development of residential land uses in an area of the City guided and zoned for Office Service uses. The applications raised a number of issues related to the planning designations, policies and assumptions for that area. - In order to more fully consider issues and factors that would help determine whether such a modification would be appropriate or not, the Council adopted a development moratorium ordinance at its meeting of July 6, 2004 for a period of nine months for an area including the proposed development property for purposes of performing a study to assist the Council in making decisions related to the long term planning of that portion of the City. - As a part of the Council action, a list of study topics was identified to be addressed. Staff is in the process of determining which items may be reviewed internally and which require the City to retain external consultants. The topics to be studied are listed in the City Council minutes. The attachment below combines certain of the issues under broader study topics. At the present time, staff is requesting authorization to solicit proposals from qualified consultants to perform the three studies identified in the action item above. ATTACHMENTS: (1) Northeast Eagan Study Topic List on page ~F S Northeast Eagan Study Topics July 6, 2004 through March 30, 2005 • Analysis of the Relationship of Development Alternatives with Existing Development in Special Area #1 - Define a range of potential use alternatives as possible basis for analysis. • Status and Adequacy of the Commercial Land Supply -What is the potential to plan for too much of a particular land use or zoning category? Can you over-saturate a particular use type? • Analysis of Expansion and Development Plans of Major Businesses in the Northeast Area and the Effect on the Availability and Need for Commercial Land - Ecolab Development Plans, Effects of the Airline Industry on NWA Plans, Thomson-West Expansions, Grand Oaks Build Out, Continued Redevelopment of the Hwy 55 Corridor, etc. • Relationship Between Changes in Airport Operations and Aircraft Noise Technology to the City's General Land Use Policies -What kinds of residential are more compatible with aircraft noise? • Fiscal Impact Analysis of Revenues and Costs Associated with Development Alternatives for City, County and School District Services • Impact of Development Alternatives on Demand for Public Safety Services • Impact of Major New Residential Areas on the City's Park Improvement, Maintenance and Programming Capacity • Other revenue and finance issues. • Relationship Between the City's Economic Development Policies and Potential Changes in the Supply of Commercial Land • Extent to Which Mixed Use Alternatives Could Address Other City Priorities -Indoor Recreational Uses, Cultural Activity Areas, etc. • Study of the Installation of an Interchange at 494/Deleware/Argenta Trail - Such a study may need to entail a larger area traffic study to define how development alternatives may affect/complement the proposed roadway improvements identified under the Grand Oak AUAR at Hwy 149 & 494, including the potential need for anorth-south connector street between this potential interchange and Lone Oak Rd. (Co. Rd. 26). • Ecological Impacts of Development Alternatives including tree preservation, water quality impacts, etc. • What is the transit future for the Hwy 55 Corridor? • What are Eagan's housing needs in the context of the demographic and market projections developed by the Met Council or other agencies? • How do we involve Inver Grove Heights in the planning discussion? Agenda Memo July 20, 2004 P~ ~. GUN CLUB ROAD RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Continue consideration of vacating the public right- of-way for a portion of Gun Club Road south and east of Biscayne Avenue to the August 17, 2004 City Council meeting. FACTS: • On May 4, 2004, City staff received a letter from Robert Kriha, Development Supervisor for Manley Land Development, Inc., requesting the vacation of a portion of the existing public right-of--way for Gun Club Road, south of Biscayne Avenue in southeast Eagan. • Gun Club Road will be realigned in conjunction with the proposed Long Acres development. The purpose of the request is to remove the public right-of--way designation on that portion of Gun Club Road to be abandoned with the development. • On July 6, 2004, the City Council held the public hearing for this vacation and action was deferred to this meeting to coincide with the consideration of the Long Acres final subdivision. • Consideration of the Long Acres final subdivision is scheduled on this agenda to be again continued to the August 17 Council meeting to allow for the vacation of additional required easements and rights of way. • There are private utilities (Dakota Electric Associations power lines) within this portion of right-of--way proposed to be vacated that will require the City to retain the rights for that portion for drainage and utility purposes including maintenance, repair and construction. • No objections were received prior to the public hearing July 6. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action in conjunction with the final subdivision and plat approval of Long Acres by the City Council on August 17. ATTACHMENTS: • Location Map, page • Legal Description, graphic, page ~~ Gun Club Road Proposed Right-of-Way Vacation 5112/04 City of Eagan Location Map N Y U Z O J m ~~ F- Q I oN LIJ ~~ O (/~ ~'_ L'J LLI } i- __~ Z J I I A I I f-\/i^ ~~ L~ rl/'~L.L.1_ 1 .. ~~ LIJ J J '1~`T A 11 f\ITI/'1~1 Q Li 1 r,LJ LJI 1 IVIV ~//~ ~~ ~I= I /lT ~ ~1 /'1/~li 7 ~ S89°49'18"W 246.25 66 117TH STREET EAST ~ ~ S89°49'18"W 246.25 ~ ~~. PROPOSED VACATION OF~ doh 117TH STREET EAST 1 Inch = 100 Feet rl rl, ,Irr. ITS)\/ ^(~I I/'\/'\I A 1/1 'I~ LL.LIVIL,_IV 1 ~\ I .~Vr1VVL_ IVV. I.~ ~ S30~°008~Zg"E 30 J i i v L i fl r r1 1 r T C~ 1 V ~\ I.. :.~ I C7 i~_ fT~ _~ .J f 1 -7 G. ~~ / n \/ Proposed legal description to vacate a portion of 117TH STREET EAST (A.K.A. Gun Club Road) All that part of 117TH STREET EAST as delineated and dedicated on HALLEY'S 1ST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying easterly of the southerly extension of the west line of Lot 1, Block 2, said HALLEY'S 1ST ADDITION * THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID- LAND. WE HEREBY CERTIFY TO MANLEY LAND DEVELOPMENT THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT 1 AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA, DATED THIS 22ND DAY OF APRIL, 2004. 4~ 9 Agenda Information Memo July 20, 2004 Eagan City Council ~. G~ FINAL SUBDIVISION (LONG ACRES 1sT ADDITION) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To continue to the August 17, 2004 City Council meeting a Final Subdivision (Long Acres) to create 26 single-family lots and three outlots, on approximately 29.6 acres located south of Gun Club Road at Biscayne Avenue in the SE'/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: This Final Subdivision requires vacation of Gun Club Road right-of--way, which has not been completed. This Final Subdivision should be continued to the August 17, 2004 Council meeting so that the Council may act on the right-of--way vacation prior to acting on the Final Subdivision. ATTACHMENTS: None .~ o Agenda Information Memo July 20, 2004 Eagan City Council ~. FINAL SUBDIVISION (LONG ACRES 2°d ADDITION) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To continue to the August 17, 2004 Council meeting a Final Subdivision, the second phase of the Long Acres development, to create 23 single-family lots, on approximately 10.6 acres located south of Gun Club Road at Biscayne Avenue in the SE '/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: • This Final Subdivision is the second phase of the Long Acres development, and replats Outlot C of Long Acres, and Long Acres requires vacation of a portion of Gun Club Road right-of--way, which has not been completed. Lone Acres 2°d Addition final subdivision should be continued to the August 17, 2004 Council meeting, the same as the right-of--way vacation and the Long Acres final subdivision, so that action may first occur on those two items. ATTACHMENTS: None S/ Agenda Memo July 20, 2004 `~'' SE '/ SECTION 36 (LONG ACRES) GUN CLUB ROAD/ DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate Gun Club Road and public easements within SE '/4 Section 36 on property within the proposed Long Acres Addition and schedule a public hearing to be held on August 17, 2004. FACTS: • On May 4, 2004, City staff received a letter from Robert Kriha, Development Supervisor for Manley Land Development, Inc., requesting the vacation of public rights of way and easements located within the proposed Long Acres Addition in the SE '/4 of Section 36. All necessary replacement right-of--way and easements will be dedicated with the recording of the Long Acres development plats. • Consideration of the Long Acres final subdivision is scheduled on this agenda to be continued to the August 17 Council meeting, to coincide with the required public hearing for these vacations. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ISSUES: • This vacation request is similar to the recent vacation of a small portion of Gun Club Rd. (117~h St.). This vacation request incorporates all easements and roadways within the proposed developments. ATTACHMENTS: • Legal Description, graphic, page. • Location Map, page t`' • Letter requesting vacation, page ~ sa LLJ o cn ~,, ~~~ w w nr•\L.L-~ 1 .... Q i :,] 3,= I~L ~C i __ J m 66 ,\\~\\\~\` . ~~~. ~ ~^T AI"\1-\ITInAI 1„ 1 nvvl 1 rvr. 1 nT ~ 1 n/~i~ 7 rr r L.V 1 1 C~L.V VI\ L LL-L HIGHWAY EASEMENT PER =-- DOC. NO'S. 198985 & 827952 Right-of-Way to_ be vacated ?roeosed )c-cal descriotion to vgcote c eor`::on c( .1?Tti STREET EAST ~A.ii,.A. UtJ CLUB ROAD'; i! that part of i1%TH STREET EAST as deirnegied and iJedcated on NALLEI'~S 1ST ADCiIT10td, occording to ttte recorded pint thereof, Dcketa County, M1Sinr.esotq, iyinq egsterly of the sautheriy extension of the west Eine of Let 1, Bieck 2 c: said HA.LLEY'S 1S7 ADD!TON 1'_CSk9.._.~__A}91 des.ription tc ._qat„ 1~ '~ort~pr of r .,n Glib Rccr.~ t C; o do i rn:; n., g 'o ded ~iqt th?r~ot, ~; that par cf gun 'ub eqd ~., ed and dedicd an F'IIETREE F °Er ccccrdiri the reccr Oakoto Ccunty, '•iinnesotc, ly:.q ncrk^ a' ate r„rt;: 'ine tnz outh ~.4". 36 _et of the .,,.u^,aost O~nrter c`~Sertion ~c, ,,wash: ?7, Range _:,, said Gake;c ,_.;n+, And A right-of-v:qy and utility easement per Gncurr~eni. Number ~"418° descrbed as fc',iaws An easement fcr right-o`-way end r;tiiit}• [?urposes over the ea<_* .-30Ci fe=t ..f tins Scuthwest Quarter of the Scuthwgst Guar±er o` Section 30, Towns'r.ip 27, ..cage 23, akoto Ccunty, t,-tinn2->ctc; Ex; pt the south 441.00 `eet thereo`. Ar: d H hig!^wgy easement per C'acument i.!umbers rt./~~2 and 1g8gS~ described qs folieva: Thct aortion of the north 3~ feet cf 'he Southwest Quarter of the Squtheos*. Guarter qnd the Best 33 feet of t!:e Scuthwes: Guorter of the Southeast r ucrter ei! in Section 30, Ta~cnshic 2.1, Bangs 23, D%k/Jta Ccunty, Plinr,esotc, •xhich lies v+ithin the boundaries of the fcdlowinq~ eescribed tract of ;end: The Southwest Quarter of the Soutbecs*. Quarter, Section 35, 7ewnship 2;, Rcnae ~3, i3akrto Ccun±y, tdinnesato, except th:z east 1 rod thereof. =.Iso excepting t};at f;orfic•n cf said Seuihwesf Quorter cf the Sout~^e~~s`. Ouorter described os comnz?-.~ir,a en the soutl-~ !ine of ;aid Scuthwest Quor`s;r of the Scuk'~:cast Ouart~r and nn the east 'ine o` the :;hicogc, '~iiwcukee .x• `'.. Poul Rgiiraad, thence Easi 3t8.9J feet, thence North 1?4. ,i4 feet, the^cz 4+tes; 343.26 feet tot said ee;t rciEroad right-of-:vcv uric, thence southwest along said East rgirced rich;--of-way :.ine tq the cant o` c:eginnin.g. Also ercepting that aortion cf seid Scuthwest Ivucrter of the Southeast Quarter-described as commencing at the scut"Ir:rst corner o€ SoiC1 Seuth:vest Quarter of he Southeast Quarter, thence Easy = 14.44 `eet, ;hence North 24,^J.;;4 feet he the octua: point Leginninq of the r-rception ?a be described, thenr_e South ?c3 deq-ees 1F_, minuf=s E? seconds Eost 435 feet, thence t.orth JtIJfJogrees 0'J n-,ln;;tes d7 seconds East tc the north line cf said Scuthwest Guor=,er of the Southeast Gugrter, thence 1"rest ..ong the north !ine of said Southwest Quarter of the Squthcast :7uartsr the cost right--of-•noy line of Chicane. ;'!v:qul:ee and Si. Fau! Fairoae: ther-ice Sou :h gir.'r.y said eest right--of-way Ir:e to the intersxtlcn of q one bear'^g `sJest '..or., tf:c point v` bt:ginr.ing, th•-nc•_ E~_. 341 fngt to 'the paint of beginning. c a _~ rn }~ f- M J F Q ~ Z O ~j Z p Q O r ~ 3a I~ ~` Z O w I ~ ~w = N C7 Q ~w h °' n a ~' •Z~ W ~ /~~ ~w ~N~ Q ~ w °' i ~¢O '3Z /_ - .C~U =0 4 t i ti i I ' H rw ~o w w w w z a w a .o a 0 m U Z 7 53 Gun Club Road Proposed Right-of-Way Vacation 5/12/04 City of Eagan Location Map M ;, NLEY Land Development, Inc. 2 113 CIifF Drive Eagan, MN 551 ZZ Phone 651.454.4933 Fax 651.454.937 I vwwv. man leybro[hers. com City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Gun Club Road To Whom It May Concern: Manley Land Development, Inc. is requesting a vacation of road easement on Gun Club Road. This will enable us to redirect Gun Club Road into Biscayne Avenue per approval of the plans for our Long Acres development. Thank you for your cooperation with this matter. Sincerely, G(, Robert Kriha Development Supervisor Manley Land Development, Inc. SS Agenda Memo July 20, 2004 City Council Meeting CONSENT AGENDA: • APPROVE 2004-2005 Eagan Airport Relations Commission Communications Plan ACTION TO BE CONSIDERED: To approve the 2004-2005 Eagan Airport Relations Commission Communications Plan FACTS: • The City Council, at their April 20, 2004 regular City Council meeting, reviewed the 2004-2005 Eagan Airport Relations Commission communications plan. • It was the recommendation of the Council that the Airport Relations Commission (ARC) incorporate more proactive communications tools into the plan, and upon doing so, meet with the City Council in a joint meeting of the City Council and the ARC. • To respond to the Council's direction, the ARC held a special workshop on Thursday, May 27 to discuss proactive measures the City could take to communicate with Eagan residents regarding airport issues. • The ARC met with the City Council in a joint meeting on July 13, 2004, at which time the two bodies discussed the communications plan and the Council directed that the Communications Plan be included as a Consent Agenda item. • The ARC will utilize the Communications Plan to begin planning community open houses and begin formulating a comprehensive brochure on airport issues in the community. ATTACHMENTS: • Enclosed on pages through s the 2004-2005 Eagan Airport Relations Commission Communications P an. 56 Z004Z005 E agan Airport Relations Commission Communications Plan city of ~aq~n S 2004-2005 Eagan Airport Relations Commission Communications Plan The 2004-2005 Eagan Airport Relations Commission Communications plan includes the following subject areas: Table of Contents I. Charge of the Eagan Airport Relations Commission (ARC~Page 2 II. Purpose/Origin of the ARC's 2004-2005 Communications Plan-Page 2 III. ARC Communications Subcommittees-Pages 2-4 • ARC Notebook • Cable Television • Experience Eagan Newsletter IV. City Web Site-Pages 4 V. Community Outreach-Pages 5-6 VI. Other Communication Initiatives-Page 6 VII. Appendices-Pages 7-15 • Appendix A-ARC Notebook (1968-2000) Table of Contents • Appendix B-ARC Notebook (2001-2005) Table of Contents S8'' 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan Page 2 I. Charge of the Eagan Airport Relations Commission (ARC) The City of Eagan has an active Airport Relations Commission (ARC) that serves as an advisory body to the Eagan City Council. The purpose of the 10-member Commission is to advise and make recommendations to the City Council on the issues of aircraft noise and airport policies that impact or have the potential to impact the community. As citizen volunteers, Commission members provide valuable insight into public perceptions of airport issues, which is communicated to the City Council, City staff, and the community at large. The ARC meets on the second Tuesday of each month at 7 p.m. in the City Council Chambers at the Eagan Municipal Center. All ARC meetings are taped and replayed on cable channel 16 at 9 a.m. on Tuesday mornings. II. Purpose/Origin of the ARC's 2004-2005 Communications Plan Recognizing the impact of the MSP Airport on our community, and in particular the future impact of the North-South Runway (Runway 17-35), which is slated to open in fall of 2005, the Eagan City Council recommended to the ARC at their November 12, 2003 joint meeting with the ARC that atwo- year communications plan be formulated. The purpose of the communications plan is to communicate with Eagan residents, businesses, and stakeholders, as well as the metro area's airport community, about the impact of the new runway and any other airport issues that will or may affect our community. The following are strategic messages that are to be communicated in 2004-2005: 1. Runway 17-35, commonly referred to as the North-South Runway, is scheduled to open in the fall of 2005. 2. There will be five flight tracks off of Runway 17-35 that will have a significant noise impact on the City of Eagan. 3. The City of Eagan recognizes and appreciates the positive impact that the MSP Airport has on the Eagan community and its economy, while at the same time recognizes the negative impact that aircraft noise can have on Eagan residents and businesses. 4. The Eagan Airport Relations Commission exists as an advisory body to advise and make recommendations to the City Council on the issues of aircraft noise and airport policies that impact or have the potential to impact the community. The Airport Relations Commission is also charged with listening to the testimony of Eagan residents and business owners with regard to airport issues. III. ARC Communications Subcommittees In efforts to strengthen communication with the Eagan citizenry, the ARC established three communications subcommittees in April of 2003 to focus on the following areas-1.) Experience Eagan Newsletter articles; 2.) ARC "Notebook", which is a compilation of information pertaining to the ARC, airport history in Eagan, and policy decisions made by the City in regards to the airport; and 3.) Public Access Cable Television. Each subcommittee provides monthly updates at the ARC meetings on their subcommittee's projects and proposals. 59 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan Page 3 ARC Notebook The ARC Notebook is a compilation of historic documents, communications, and positions taken by the City in regards to airport issues over the past 35 years. Enclosed as Appendix A and Appendix B are the table of contents for the two components of the ARC Notebook: 1.) 1968-2000, and 2.) 2001- 2005. Community Cable Television The communications via community television regarding airport issues has dramatically increased with the implementation of Your Town News. For example, over the past year, there have been numerous Your Town News stories on topics including the FAA Reauthorization Legislation, the future impact of Runway 17/35, compliance of the FAA/MAC within the Eagan/Mendota Heights, etc. A focused cable story was also completed on the joint meeting held with the ARC, MAC, and FAA regarding Corridor compliance. In order to continue communicating airport related items via public/government access television, the following initiatives are currently underway or proposed in 2004-2005: • Access to Democracy-Lance Staricha, 2003-2004 ARC Chair was interviewed in February of 2004, in which he discusses the impact that Runway 17-35 will have on the Eagan community. • Access to Democracy-Chuck Thorkildson, 2004-2005 ARC Chair, follow up show regarding the impact of the runway and ways for the citizens to be involved in MAC open houses and discussions regarding the Part 150 Program. • Per the Council's request, more frequent airing of ARC meetings are now occurring. • Increased character generation to allow for banner messages regarding the opening of the new runway and other airport related topics. • Continued Your Town News stories, particularly focusing on the opening of the new runway (e.g. Continuous "Countdown to the Runway" segments) • Inside Eagan-Mayor Pat Geagan could use Inside Eagan as a forum to discuss the impact of the new runway and the overall impact of the airport on the community. Chad Legve, MAC Manger of the Aviation Noise and Satellite Program, and Cindy Green, FAA Tower Manager, are two potential guests to be interviewed. • "Countdown to the Runway" page on Channel 16-provide monthly updates on the timeline for the opening of the new runway, and places to go to learn more about the new runway. Experience Eagan Newsletter The ARC has been very active in 2003 in submitting recommendations for newsletter articles regarding airport issues. With the opening of the new runway in Fall of 2005, newsletter articles will continue to be a critical element of the ARC Communications Plan. Experience Eagan article topics that have appeared in 2003-2004 editions include: 1.) the plan to open to Runway 17/35 and the resulting impact on the community; 2.) the proposed flight tracks off of Runway 17/35; 3.) Where an Eagan resident can go to experience comparable noise they will experience when the new runway opens; and 4.) How airport noise is measured. Also, each article has included who residents should call with further questions (i.e. Dianne Miller, Assistant to the City Administrator, or MAC Noise staff). 60 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan Page 4 The following topics are proposed to be included in 2004-2005 Experience Eagan newsletters: • How the new runway will impact specific neighborhoods (e.g. show a map and matrix of a select group of neighborhoods-what DNL contour do they fall in, how may flights per day can be expected, and location to observe comparable noise) • 2007 Noise Contours-as part of the MAC's Part 150 submittal to the FAA, which is currently being updated, draft noise contours were released in February 2004. A newsletter article was included in the April/may edition to make residents aware of the proposed contours and the effect the contours could have on their homes. • Countdown to the Opening of the Runway-regular text box showing the length of time before the new runway opens, and who people should contact with questions. • Invitation for Eagan residents to join the MSP Noise News mailing list-MAC has granted permission for the City to provide contact information via the newsletter to get on MAC's MSP Noise News mailing list • The tools available on MAC's web site-walk through how to use the technology available • Publish MAC's Noise Hotline telephone number and MAC rules for night flights • Communicate the value of the City's location to the MSP Airport-e.g. Contributes more than $6.4 billion in the economy, supports more than 100,000 jobs in region, and as home to Northwest and Mesaba Airlines, these companies provide over 1,700 jobs in Eagan alone. IV. City Web Site The following Web capabilities are currently available on the City's Web Site: • Link to the MAC website • The ability to electronically file a noise complaint and directions as to how to leave a noise complaint on the MAC Noise Hotline • Flight track map for Runway 17-35 • Map of the draft 2007 Mitigated Noise Contours (and link to tool to determine where an address is located in proximity to the 60-65 contours) • Information regarding the ARC, how to apply for the ARC, and ARC meeting times • ARC minutes, agendas, and updates on airport issues currently being addressed by the ARC. The following are proposed future links and capabilities to be included on the City Web Site: Distribution lists for those interested in receiving ARC minutes and airport issue updates Link to the Joint Airport Zoning Board amended zoning ordinance Link to the City's Aviation Section of the Comprehensive Guide Plan 6/ 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan Page 4 The following topics are proposed to be included in 2004-2005 Experience Eagan newsletters: • How the new runway will impact specific neighborhoods (e.g. show a map and matrix of a select group of neighborhoods-what DNL contour do they fall in, how may flights per day can be expected, and location to observe comparable noise) • 2007 Noise Contours-as part of the MAC's Part 150 submittal to the FAA, which is currently being updated, draft noise contours were released in February 2004. A newsletter article was included in the April/may edition to make residents aware of the proposed contours and the effect the contours could have on their homes. • Countdown to the Opening of the Runway-regular text box showing the length of time before the new runway opens, and who people should contact with questions. • Invitation for Eagan residents to join the MSP Noise News mailing list-MAC has granted permission for the City to provide contact information via the newsletter to get on MAC's MSP Noise News mailing list • The tools available on MAC's web site-walk through how to use the technology available • Publish MAC's Noise Hotline telephone number and MAC rules for night flights • Communicate the value of the City's location to the MSP Airport-e.g. Contributes more than $6.4 billion in the economy, supports more than 100,000 jobs in region, and as home to Northwest and Mesaba Airlines, these companies provide over 1,700 jobs in Eagan alone. IV. City Web Site The following Web capabilities are currently available on the City's Web Site: • Link to the MAC website • The ability to electronically file a noise complaint and directions as to how to leave a noise complaint on the MAC Noise Hotline • Flight track map for Runway 17-35 • Map of the draft 2007 Mitigated Noise Contours (and link to tool to determine where an address is located in proximity to the 60-65 contours) • Information regarding the ARC, how to apply for the ARC, and ARC meeting times • ARC minutes, agendas, and updates on airport issues currently being addressed by the ARC. The following are proposed future links and capabilities to be included on the City Web Site: • Distribution lists for those interested in receiving ARC minutes and airport issue updates • Link to the Joint Airport Zoning Board amended zoning ordinance • Link to the City's Aviation Section of the Comprehensive Guide Plan a.~ 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan Page 6 VL Other Communications Opportunities • 4`h of July parade-distribute brochures/flyers regarding airport issues, Runway 17/35, and upcoming community forums. • Make "airport issue" brochure available at City events and City venues, including City Hall, the Community Center, Cascade Bay, and the Civic Arena. • Include "airport issues" brochure in New Resident Welcome packets • Invite representatives from Northwest and Mesaba Airlines to dialogue with the ARC as to how communication between the two businesses and the City of Eagan can be strengthened. • Continue to educate realto-•s regarding airport issues and the impact of Runway 17/35 via the Realtor's Forum • Serve as a resource to the NDC Chambers of Commerce to address airport related questions of Eagan businesses. • Communicate achievements and efforts of the City and the ARC through Eagan's weekly newspapers (e.g. Eagan Thisweek and Sun Current) • Advertise and promote the attendance of Eagan residents at MAC open houses pertaining to the Part 150 process. • Monitor and communicate the discussions and recommendations of the MSP Noise Oversight Committee (NOC), on which the City of Eagan serves as one of six community members. Invite residents to attend the NOC meetings, which take place at the MAC general offices, and are scheduled for the third Thursday of the month at 1:30 p.m. 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan Page 7 Appendix A Eagan Airport Relations Commission ("ARC") Information and Communication Notebook 1968 - 2000 Table of Contents (02/05/04) (• denotes a discrete document) Section 1 Mission Statements for ARC (None) Section 2 Organization and Personnel Directories (None) Section 3 ARC Goals • Airport Issues Matrix Section 4 Historical Synopsis • Historical Synopsis from Chair/Com. Schlax Eagan/Mendota Heights Corridor (1968-1993) City of Eagan (1854-2000) ARC Events (198_ - 1996) Reading/Research Articles (1994-1995) ARC Meeting Topics (1994-1996) Noise Abatement Departure Profiles (1970-1996) • Eagan Position Paper (12 appendices) Eagan-Mendota Heights Corridor, Development + Refinement Section 5 City Positions & Related • Comments on "Part 150" Update for MSP River Visual Approach Airspace Redesign Study for MSP Advocate Runway 12R for "Crossing in the Corridor" Low Demand Flight Tracks Inequitable Redistribution New Measurement Criteria Phased-In Use of 17/3 (1999) (1970-1987) (Nov., 2000) 6~ 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan Page 8 ANOMS Towers Technical Correction to Document • Letter to Bloomington on Low Demand Flight Tracks (Aug., 2000) Section 5 City Positions & Related (continued) • Letter to MAC on Low Demand Flight Tracks (Aug., 2000) • Summary Document (June, 2000) Runway 17/35 Flight Tracks Runway 17/35 Low Demand Flight Tracks Runway Use System ("RUS") Phased Use of Runway 17/35 Airport Legislation Part 150 Land Use and Noise Abatement Recommendations "Close-in" Versus "Distant" Departure Procedures • Comments on Hoffman HO111eS Development in Mendota Heights (Oct., 1999) • Legal Issues of Corridor Enforcement (Undated) • Letter to MAC on Ground Noise (Oct., 1998) • Corridor Enforcement History (May, 1996) • Possible Topics for Multi-City Collaboration (Undated) • "Dual Track" Airport Planning Position (Dec., 1995) • ARC "Dual Track" Airport Planning Study & Recommendations (Nov., 1995) • Dakota County Opposes Relocation and/or Landbanking (Sept., 1995) • Dakota County Considers "Dual Track" Position (Sept., 1995) • ARC Operations Subcom.: Issues for Legislative Consideration (c. 1995) • Jet Fuel Fallout over City (July, 1995) • Property Tax Treatment of Noise Insulation Home Improvements (Mar., 1994) • Met Council Land Usc Planning Standards (Jan., 1994) • "Dual Track" Environment Document Comments (Dakota County) (Nov., 1993) • SMACC Newsletter (Undated) Section 6 ARC Communication Plans and Documents (None) Section 7 Technical Reports • Q-Jet Noise Suppression Eduipment by Westinghouse (May, 1994) Section 8 MAC Documents • Low Frequency Noise Policy Committee Report (undated) (2000) • Resolution Supporting 1/agan/Mendota Heights Corridor (Feb., 2000) 6S 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan Page 9 • Letter from Burnsville Against Consolidation of 17/35 Flight Tracks (Jan., 2000) • Review of Met. Council Landuse Noise Compatibility Guidelines (Dec., 1999) • Contract with Minneapolis on Construction of 3rd Parallel Runway (Nov., 1998) • MAC Biennial Report (1995-1996) • Contract with Mendota Heights on Construction of 3rd Parallel Runway (Dec., 1996) • Summary of Noise Mitigation Recommendations (Part 150) (Oct., 1996) • Airport Factsheet 101 -MSP Int'1 Airport (Aug., 1996) • Social Survey of Community Preferences for Aircraft Noise Mitigation (Aug., 1996) • Airport Factsheet 106 -Metropolitan Aircraft Sound Abatement Council (Jan., 1996) • Response to Eagan Citizens Airport Noise Committee (Aug., 1995) • MAC Overview: MSP Departure Corridor (Dec., 1994) • RUS Considerations & Crosswind Runway Usage (June, 1994) (Above three documents reference 1994-1994 Corridor Refinements) • State Report -MAC Aviation Noise Program (1993) • Airport Factsheet 10? -Holman Field (May, 1992) • Airport Factsheet 105 -New Generation Aircraft (Jan., 1991) • Airport Factsheet 103 -Noise Abatement Policies at MSP Int'1 Airport (Undated) • FAR Part 150 Noise Compatibility Plan (Draft) (March, 1986) Section 9 MSP Joint Zoning Board (None) Section 10 Metropolitan Council Documents (and related) • City of Bloomington Comprehensive Plan (c. 2000) • Minneapolis Resolution on Priorities for Sound Insulation Expenditures (Apr., 2000) (Above document is on back of last page of prior item.) • Principles & Concepts of MSP Communities Collaborative Efforts (c. 1996) • City of Mendota Hei~llts: MSP Airport Noise Mitigation Needs (c. 1995) • Airport Area Community Protection Package (Draft) (July, 1995) Section 11 State Documents • Governor's Airport Community Stabilization Funding Task Force (Draft) (c. 1999) Section 12 Federal Documents • FICAN: Research into L ffects of Aircraft Noise on Classroom Learning (Sept., 2000) (Source: Federal Interagency Committee on Aviation Noise) • FAA Proposed Aviation Noise Abatement Policy 2000 (July, 2000) • RE: 1990 Airport Noisc & Capacity Act (c. 1994) 66 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan Page 10 (Excerpt: Fed. & State Coordination: Aviation Noise Policy & Regulation) (Source: Administrative Law Review) Section 13 Airports Council International -North America (None) Section 14 National Organization to Insure aSound-Controlled Environment (NOISE • Use of Passenger Facility Charges for Noise Mitigation Projects at 65 US Airports (June, 2000) • Air Transportation Lii~~ironmental Issues (1999) • Noisy Skies handouts (Undated) Section 15 Air Cargo Resources (None) Section 16 Other Informatiun & Reports • Airport Noise Impacts on Housing Values (Aug., 1995) • Whose rules govern envi~°onmcnt aroui~~' airports (July, 1994 (Source: Minneapolis SW Journal article) ~~ 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan Page 11 Appendix B Eagan Airport Relations Commission ("ARC") Information and Communication Notebook Tablc of Contents 2001 -- Apr., 2004 (02/28/04) (• denotes a discrete document) Section 1 Mission Statements for ARC • Draft Proposal (May, 2003) • Proposed (2002) Section 2 Organization and Personnel Directories • ARC Address and Phone List (April, 2003) • Directory (Jan. 1, 2003) ARC & ARC Subcommittees Neighboring Cities MAC FAA Airport-Related Businesses Dakota County Met Council Regional Airport Citizen Organizations State Government Federal Govenvlicnt MSP ATC MSP FAA Section 3 ARC Goals • Minutes from ARC Special Meeting (Apr., 2003) • Agenda for Goal-Sating Meeting (March, 2003) • Communication Plaiu~ing Matrix (Oct., 2002) • Summary of Goal-Setting Meeting (Apr., 2002) • Summary of 2001 Goals (May, 2001) • Minutes of Special Meeting (Apr., 2001) ~~ 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan Page 12 Section 4 Historical Synopsis (None) Section 5 City Positions R Rclatcd • Draft 2007 Noise Contours Released- Experience Eagan Newsletter (Mar., 2004) • Runway Will Increase Noise in Eagan -Experience Eagan Newsletter (Jan., 2004) • Citizen Website Regarding Noise Issues (Undated) • How the Airport Imp:zcts Eagan -- Expe~°ience Eagan Newsletter (July, 2003) • Letter to MAC on operations data for Part 150 Forecast Update (May, 2003) • Letter to MAC on completion of 1996 Sound Insulation Program (May, 2003) • Letter to MAC on Establishment of Noise Oversight Committee(unsigned) (Feb., 2003) • Letter to MAC on Proposed Zoning Ordinance Amendments (Oct., 2002) • Resolution Supporting H.F. ?~68 (Making MAC a "state agency") (Feb., 2002) • Retention of Noise Attorney by City Council (no documents (Dec., 2001) • City Calls for Support of NWA & Impacted Employees (Press Release) (Sept., 2001) • NWA Impact on Ea~~~n (Sept., 2001) • RE: 2005 DNL 64-60 Sound Insulation Program (June, 2001) • Q&A from City Community Services Open House (May, 2001) • Letter of Support for City's Comments on Part 150 (Sen. Wiener) (May, 2001) • Press Release (Rep. \Vilkins) State House Passes HF1236 (Apr., 2001) (Summary: Appointees to MAC will require legislative consent) • Summary of HF1451 (handing for Airport Impact Mitigation) (March, 2001) • Formation of Citizens Group (Chair Gladhill) (March, 2001) • Letter & Resolution on Sound Insulation Options for 2005 DNL 60-64 (March, 2001) • Eagan City Council -001-200? Strategic Plan (See: #3 Acti~~c ly pursue »~~easures to mitigate the adverse effects of airport noise on the City of Eagrnz "Citizens may anticipate the hiring of a noise attorney and the development of :~n anti-tanning citizens group; the Airport Relatio ns Commission has been expanded to respond to increased need in the community.") • City's Land Use Goy ?s d': Policies: Aviation & Airports (Feb., 2001) Section 6 ARC Conunu~iication Plans and Documents • Data on Cable TV v:~~~~crs and information on Your Town News (May, 2003) • 2002-2003 Communic~~tions Program (June, 2002) • Communications Pl,~~~ Outline (May, 2002) • Current State of AVi11l1oR in America & Locally (Cable TV tape,'/z hour) (Sept., 2001) (Above item nit included in notebook.) • The Airport and It's Noise, ,for Eagan Residents (Cable TV draft script) (June, 2001) 6q 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan Page 13 • The Airport and You (Cable TV draft script) (June, 2001) • The Airport and You (Cable TV draft script) (April, 2001) Section 7 Technical Reports • Quiet Climb System (Boeing Corp.) (Jan., 2003) • MAC Monthly Summary of Operations (Dec. 2002) • (Summary of national) Airport Reports (source: NOISE?) (undated) • What Is Hearing Loss? (Mayo Clinic website) (June, 2002) • Summary of Noise and Operations by ARC Com. Cook (March, 2002) Section 8 MAC Documents • MSP Noise News (Dec., 2003) •Memo -Part 150 Update: Data Revision (Dec., 2003) • Memo -Revision to 2004-200 Capital Improvement Program (Dec., 2003) (Two documci;ts above are back to back on same page.) • Approved 2004 Capital improvement Program (Dec., 2003) • 2004-2010 Capital Liiprovement Program Environmental Review (Nov., 2003) • Noise Oversight Committee 2004 Work Plan (Nov., 2003) • 14 CFR Part 150 Study Update Public Open House Report (Oct., 2003) • Noise Oversight Committee Meeting (Minutes) (Sept., 2003) (with Revised Part 150 Update Schedule) • MSP Noise News (Sept., 2003) • 2004 Capital Impro~~ement Program (Aug., 2003) • Noise Oversight Conrnittee -- Part I50 Study Update (Aug., 2003) • Memo - INM Input l~:~ta for 200 ~ Part 150 Update (Aug., 2003) • Letter to Eagan -Questions Regarding Corridor (July, 2003) • Part 150 Sound Insul:~tion Construction Specifications, Appendix B (July, 2003) •MSP Noise News (June, 2003) • Eagan/Mendota H~~ts. Departure Corridor Analysis (Apr., 2003) • Technical Advisors l:cport (Apr., 2003) • MSP Noise News (Apr., 2003) • EA for Departure Prc~ccdures of-f Runway 17 (Oct., 2002) (Draft PDI' doe. ~~n CD-ROM) • 2003-2009 Capit~il Lr,;,rovement Program Environmental Assessment (Oct., 2002) • Preliminary 2003-20:>~~ Capttal Improvement Program (Aug., 2002) • MSP Aviation Nosc Niue Ribbon Panel Report (June, 2002) (Regarding a New MSP Noise Oversight Committee Framework) • Runway 17/35 No; ~~• I ~ ;1=ormation -General (May, 2002) • Runway 17/3 1 afore Noise Impact Information (May, 2002) • Runway 1735 Noise Tnfonnation -Noise Abatement Measures (May, 2002) • MSP Noise News (Mar., 2002) ~a 2004-2005 Eagan Airport Rcpt ions Commission ?-year Communication Plan Page 14 • Report Regarding l~~IASAC (Dr. Jolnl Brandl) • 14 CFR Part 150 Update ("Final Draft" PDF doc. on CD-ROM) • Letter to City Addressing Questions on Sound Insulation Section 9 MSP Joint Zoning Board • Memo -Approval of Ordinance Amendments (1 exception) • MSP Aircraft Accident Reports (ARC Comr. Schlax) • MSP Runway Oper~ti~nal Changes Since 1984 Section 10 Metropolih~u Cuuncil llocumcnts (and related) (Sept., 2001) (Sept., 2001) (April, 2001) (Jan., 2004) (May, 2003) (May, 2002) • Avaition Policy Plan Update 2000-2020, Report of the Advisory Task Force Section 11 State Documents (None) Section 12 FAA & Federal llocuments • Air Traffic Operations in the Corridor (Sept., 2003) • United States Cody, 1 i tlc 49, Chap B (Airport Development & Noise) (Sept., 2003) • History of FAA L;~~~~~I~~ement in Noise Restrictions (2002) (Source: I31~RIZ~"Airport Pennitting.ppt) Section 13 Airports Council International -North America • ICAO Agrees to Cut Aircraft Noise 10 Decibels (Jan., 2001) • The Next Stage in T;~ise Abatement Policy (2001) Section 14 National Orb.~niration to lnsurc aSound-Controlled Environment (NOISE • Organization and Membership [nformation (c.2001) • Passenger Facility Char~,es for Noise Mitigation at 65 US Airports (June, 2000) Section 15 Air Cargo Rcs~urccs • Public/Private Proposal: Inter•natio~al Air Cargo Distribution Center (Jan., 2003) (Air Cargo ll.:~~~l~pment Steering Committee) ~< 2004-2005 Eagan Airport Relations Commission 2-year Communication Plan Page 15 • Air Cargo Guide (Listing of Twin Cities Air Cargo Association members) (2002) • Summary of MSP ~Iir Ccn°go Study by Com. Thorkilson (July, 2002) • Economic Impact uJ~t1~e Greater Metro~~olitan Foreign Trade Zone (Apr., 2002} (Anton, Lubov ~; Elssociates, Inc) • MSP Air Cargo Study (SITA Logistic Solutions) (Dec., 2001) Section 16 Other Iuforniatiun & Reports • Nighttime Noise Restrictions at Airports in US (Feb., 2001) (Source: CI':~~'1, Seattle, WA) ~~ Agenda Information MemoP July 20, 2004 PUBLIC .HEARINGS A. STRYKER ADDITION (CEDARVALE BUSINESS CENTER) EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of a portion of a public drainage and utility easement on Lot 1, Block 1, Stryker Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On October 15, 2003, City staff received a letter from Richard Fitzgerald, 3914 Cedar Grove Parkway, requesting the vacation of a portion of the existing drainage and utility easement on Lot 1, Block 1, Stryker Addition, aka Cedarvale Business Center, southwest of the intersection of Cedar Grove Parkway and Rahn Road. • On June 1, 2004, after an agreement was negotiated between staff and the applicant over a six month effort, the City Council approved a conditional use permit and variance for the placement of a pylon sign in the requested location of the vacated easement subject to subsequent approval of the easement vacation. • On June 15, the City Council received the petition for this vacation and set a public hearing for July 20 to consider vacating said portion of the drainage and utility easement. • The drainage and utility easement was originally dedicated as part of the Stryker Addition plat as a standard 10' wide easement adjacent to a public street. • The purpose of the request is to vacate a portion of the easement to allow the placement of a pylon sign on the property. The construction of the sign is to be coordinated with City staff to address the future construction of a retaining wall within the public right-of--way for trail purposes. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action upon the recording of the new plat and associated easements. ATTACHMENTS: i • Legal Description Graphic ages & ~. • Petitioner's Letter, page . '73 LEGAL D E S C R I P T I O N DATE: December 29, 2003 RE: PYLON SIGN EASEMENT That part of Lot 1, Block 1, STRYKER ADDITION, Dakota County, Minnesota, described as follows: Commencing at the most westerly corner of said Lot 1; thence North 56 degrees 40 minutes 04 seconds East along the northwesterly line of said Lot 1, a distance of 214.54 feet; thence northeasterly 58.62 feet along said northwesterly line on a tangential curve concave to the northwest, having a central angle of 2 degrees 19 minutes 15 seconds and a radius of 1447.24 feet to the point of beginning of said easement area to be described; thence South 36 degrees 23 minutes 11 seconds East 16.50 feet; thence North 53 degrees 36 minutes 49 seconds East 9.00 feet; thence North 36 degrees 23 minutes 11 seconds West 16.50 feet, more or less, to said northwesterly line; thence southwesterly along said northwesterly line to the point of beginning. ~~ 2 . o ti ~ z w Q ~w ~\ ~ o ~ ~ ~ \\~ ;~2 wa \\ ~ ~\ ~ \ ~ \ ~/~ ~ \ ~ ~. ~~;a. ~ \~, \ \\.. \ -- ~ \ F. \\ ~ \ \~ ~ \ vJ ~o O ~ \\ ~ \ ~~ .,~ ~ ~\ ~~ ~ ~ ~ ~ \~ \~ ~~ ~ ~~ \~ \ ~~ ~ ~ ~ ~ \\ \ PETITION FOR VACATION OF EASEMENT Cedarvale Business Center 3902 -3938 Cedar Grove Parkway We are requesting the vacation of a utility and drainage easement for the installation of a pylon sign to replace the existing monument sign on our property. The reason we aze requesting the vacation is that the ideal location for the sign is where our existing sign is. Since the existing sign appears to be right on the property line and is outside of the parking lot surface I understand this would not be an acceptable location for a new 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 towazd the north of the pazking 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. 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 believe 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 and there will only be the two footings installed for the new sign. 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 houses 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 Cedar Grove Pazkway (formerly Beau D' Rue Drive) for many years was removed at the request of the City. The License Bureau complied with the request to remove the sign even though they rely upon signage to direct people to their location. A number of our other tenants have also inquired about signage for businesses. 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. In conclusion I hope that you will can see your way clear to approve this application. We have looked at all the option for the relocation of the sign and this is the best one we could see, and in my eyes it is the only one that makes sense. ~~ Agenda lnformation Memo July 20, 2004 Eagan City Council Meeting VI. OLD BUSINESS A. CONDITIONAL USE PERMIT -GEMSTONE PRODUCTS COMPANY ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit fora 10,000 gallon above ground tank on Lot 17, Block 4, Eagandale Center Industrial Park (2955 Eagandale Boulevard). REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • At its regular meeting on July 6, 2004, the City Council continued this item until July 20, 2004 based on a request by the applicant. • Gemstone Products Company is a large, ready mix concrete supply company that operates one of its primary warehouse facilities out of the subject site. • The applicant is proposing to place a 10,000 gallon bulk form release oil tank in the paved area at the rear of the property. The proposed location of the tank meets the 20-foot property line setback set by Fire Code and generally considered compatible with surrounding uses. • The oil is used as a release agent in the setting process for form poured concrete and is considered relatively safe by the Eagan Fire Marshal for above ground storage. • The Advisory Planning Commission held a public hearing on June22, 2004 and is recommending approval, subject to the conditions in the meeting minutes. ISSUES: • A June 14, 2004 inspection of the property revealed extensive outdoor storage of various materials at the rear of the building. This storage activity is occurring without a valid Conditional Use Permit. The applicant has stated that they intend to apply for a Conditional Use Permit for outdoor storage at a later date but would bring the property into compliance before a building permit is issued for the tank. • The applicant requested a continuance in order to have to bring the subject property into compliance with City Code requirements. • A July 15 inspection revealed minor progress but that significant outdoor storage still remains on the property. 60 DAY AGENCY ACTION DEADLINE • The applicant has waived the 60 day agency action deadline requirement in recognition of the continuance until July 20, 2004. ATTACHMENTS (2): Advisory Planning Commi n Minut s (draft) page(s) Planning staff report, pages to ~~ City of Eagan Advisory Planning Commission Meeting Minutes June 22, 2004 Page 2 III. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT -GEMSTONE PRODUCTS COMPANY A Conditional Use Permit to allow an above ground 10,000 gallon bulk form release oil tank on Lot 17, Block 4, Eagandale Center Industrial Park, located at 2955 Eagandale Boulevard in the SW '/4 of Section 3. City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated June 4, 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. Member Bendt asked what color the tank will be painted. Patrick Kinsel, Gemstone Products Company stated the tank will be painted white. Chair Heyl stated City Staff will ensure that the property will be cleaned up and the landscaping plan completed. She concluded by saying she felt the proposal fits the area well. Member Leeder moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit to allow an above ground 10,000 gallon bulk form release oil tank on Lot 17, Block 4, Eagandale Center Industrial Park, located at 2955 Eagandale Boulevard in the SW '/4 of Section 3 subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. All exisfing outdoor storage shall be removed from the site and the site shall remain in compliance with City Code requirements. 3. The above ground tanK shall be placed at the specified location on the site plan dated June 3, 2004 and shall adhere to requirements of the Minnesota Uniform Fire Code 2000 edition. 4. A Landscape Plan shall be submitted to and approved by City staff before issuance of a building permit showing evergreen plant material of at least 6 feet in height along the west (rear) property line to screen tank from adjacent properties. 5. Installation of the tank shall follow requirements of the Minnesota Uniform Fire Code 2000 edition. 6. The tank shall have protective bollards surrounding its location as approved by the Eagan Fire Marshal, and the Eagan Fire Marshal shall approve a method for dispensing and securing the tank from improper or unauthorized dispersion of oil. All voted in favor. Motion carried 7-0. 7a PLANNING REPORT CITY OF EAGAN REPORT DATE: June 4, 2004 APPLICANT: Gemstone Products Co PROPERTY OWNER: Eagandale Place, LLC REQUEST: Above Ground Tank Storage CASE: 03-CU-07-OS-04 HEARING DATE: June 22, 2004 APPLICATION DATE: May 12, 2004 PREPARED BY: Erik Slettedahl LOCATION: 2955 Eagandale Blvd. Lot 17, Block 4, Eagandale Center Industrial Park COMPREHENSIVE PLAN: IND-Limited Industrial ZONING: I-1-Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow above ground storage of a 10,000 gallon oil tank for Lot 17, Block 4, Eagandale Center Industrial Park (2955 Eagandale Boulevard) in the S W '/< of Section 3. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 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. '~9 Planning Report-Gemstone CUP June 22, 2004 Page 2 of 5 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. CITY CODE REQUIREMENTS City Code Section 11.60, Subd.14, C., 6., states that fuel storage tanks, located above ground, are subject to the outdoor storage regulations in this chapter. City Code Section 11.70, Subd. 22, C. requires the following performance standards for outdoor storage, in addition to those standards in connection with a conditional use permit: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. c. The outdoor storage area shall be screened from view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. 8~ Planning Report-Gemstone CUP June 22, 2004 Page 3 of 5 d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY The existing 1-story, 43,000 square foot warehouse facility on the subject site was constructed in 1998. EXISTING CONDITIONS Gemstone Products Company is a large, ready mix concrete supply company that operates one of its primary warehouse facilities out of the subject site. The existing facility is also occupied by Master Builders, a concrete chemical wholesaler. Required parking is provided on front and north side of the building. All parking areas and rear of building are paved with a bituminous surface. Recent inspection of the property revealed extensive outdoor storage of various materials at the rear of the building. This storage activity is currently in violation of City Code as there appears to be no valid Conditional Use Permit allowing outdoor storage for this property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - I-1, IND -American Red Cross office/research facility South - RD, BP -National Computer Systems office building East - I-l, IND -Chicago Tube and Iron warehouse West - RD, BP -Mostly large undeveloped land associated with the National Computer facility and awarehouse/storage facility to the northwest. EVALUATION OF REQUEST The applicant is proposing to place a 10,000 gallon bulk form release oil tank at the southwest corner of the property. The tank measures 27 feet in length and 8 feet in diameter. The oil is used as a release agent in the setting process for form poured concrete and is categorized as a Class 3B combustible material by fire code. The material is considered relatively safe by the Eagan Fire Marshal for above ground storage. The oil is dispensed from the subject site into service trucks and then routed to various job sites within the region. b'/ Planning Report-Gemstone CUP June 22, 2004 Page 4 of 5 The existing outdoor storage activity is occurring in violation of City Code. The applicant has stated that the materials will be removed prior to issuance of a building permit for the proposed tank and should be made a condition of approval. If the applicant desires outdoor storage on this site, he may address it at a later date under a separate conditional use application. Compatibility with Surrounding_Area -The site is located within a limited industrial district where above ground tank storage is generally compatible with surrounding uses. The National Computer facility has an underutilized portion of their property directly west of the subject site, closest to the proposed tank location. Site Plan -The proposed location of the tank is shown at the rear of the building on the existing bituminous surface (see attached site plan). The setback of the tank is proposed at 20 feet from the west and south property lines. The proposed location and setbacks meet the 20-foot clearance requirements of the fire code. The site appears to be adequately parked with the existing front and north side parking areas. City Code requires outdoor storage materials to be enclosed; however, fire code requires tanks of this kind to be open on at least two sides for fire fighting purposes. The proposed location of the tank will have minimal visual impact on existing, surrounding uses. However, potential expansion on the undeveloped property to the west may be impacted visually by the tank and should be planned for at this time. Therefore, effective screening in the southwest corner of the subject site should be a condition of approval. Mature landscaping on the NCS property to the south will naturally screen the proposed tank from the existing building. However, the applicant should enhance screening from the west to protect potential future expansion of the NCS site. Landscaping -The proposed tank will not impact any existing landscaping, however, the tank should be screened to the west with non-deciduous landscape material. The applicant shall submit a landscape plan for staff approval before a building permit is issued. Access/Internal Circulation -The proposed tank location does not appear to effect traffic circulation at the rear of the building. However, protective bollards are required by Fire Code around the tank to avoid accidental contact with trucks filling from tank and moving to and from dock doors. Reaz of Gemstone building and view from neighboring NCS parking lot 8~ Planning Report-Gemstone CUP June 22, 2004 Page 5 of 5 SUMMARY/CONCLUSION The applicant is proposing to locate a 10,000 gallon oil tank in the rear, paved area of the building. The proposed location of the tank meets the 20-foot property line setback set by Fire Code and generally considered compatible with surrounding uses. Installation of the tank will be required to follow Minnesota Uniform Fire Code 2000 edition and will be reviewed by the Eagan Fire Marshal at the time of building permit application. All existing outdoor storage should be removed prior to issuance of a building permit. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit fora 10,000 gallon above ground tank on Lot 17, Block 4, Eagandale Center Industrial Park (2955 Eagandale Boulevard). If approved the following conditions shall apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. All existing outdoor storage shall be removed from the site and the site shall remain in compliance with City Code requirements. 3. The above ground tank shall be placed at the specified location on the site plan dated June 3, 2004 and shall adhere to requirements of the Minnesota Uniform Fire Code 2000 edition. 4. A Landscape Plan shall be submitted to and approved by City staff before issuance of a building permit showing evergreen plant material of at least 6 feet in height along the west (rear) property line to screen tank from adjacent properties. 5. Installation of the tank shall follow requirements of the Minnesota Uniform Fire Code 2000 edition. 6. The tank shall have protective bollards surrounding its location as approved by the Eagan Fire Marshal and, the Eagan Fire Marshal shall approve a method for dispensing and securing the tank from improper or unauthorized dispersion of oil. ~3 FINANCIAL OBLIGATION-03-CU-07-OS-04, Lot 17, Block 4, Eagandale Center Industrial Park Gemstone Products Company There are pay-off balances of special assessments totaling $3,254 on the parcel proposed for the conditional use. At this time, there are no pending assessments on the property for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection. IMPROVEMENT None USE RATE QUANTITY AMOUNT Total ~y Location Map Eagan Boundary '^~` '~ Street Centerline Parcel Area _ ~ Building Footprint ~ ,.... _ _ ~ - - _._ ~t4~~ i i ~ ~. t 3 3 ~ i t ~ _ ... ~ ~. F ~ 1 w.wun mv. r. •a-o sM.~ r~~ .\ -_ _ ~-• T f ' •-~-, __ _ ~ F ' ~ ~_ , - _ ~ 4 a 4 _ Cd 6T ~ ~ f c ~ ~ ® ~ ~ Y ~ S a ~, ' •: is :.,. ... ~ ©pc .n. d "®;a ~ ~' ~' y t' ® ~ ® s u ~ ~ r' ,,, ~ ,~ s ~ ~ ~ ~~ a i 1 ~ ~ 0 e ~ ~ ' .~ _ ~°~ ®~ Sub"ect Site 8 3 ~ ~ j _' ~' ~ ~ ~ ~ r ~ .,. ~ ~ ~ - ~ ~ ~ ~? e /~ T F f ~ f i g; f.; ~ L - - - I . ~ ~ - _ _ _ ~ 1 y~ q V ~ ~ ~ ~aa~ Q ~ ~ ~. o ] 3--~ . /. ~ J - ~ I ~ ©r I ~ - - _- a ~ _. ca o ~ ~ '~ ~ ~ 8 ~ . y . ~ `~ ~ y _ ~ t ~° ~ i ~ ~ ~ I - . ~ ~ a eZ ~ ~ ~., _x ~ 8 ~ ®6 ~ ~ / ~ _ / ,' ~ i ~ i i i 1 I ! • _ r ~ ` / ` -- ~ ~ ~ ~ ti ~~ . o _ --- -y- ._,.~ - _ I • ~~ ~.~ ~ •ra '. r 6 C ~ I ~~ I L ~~ 8 __ t i -_ `y~amo.rv i 1000 0 1000 2000 Feet Development/Developer. Gemstone Products Company Application: Conditional Use Permit Case No.: 03-CU-07-05-04 Map pare ERSI ArcV' Parcel base map data provided b akota ount and currerd as of January 4004. THIS M N DED R REFERENCE USE ONLY N W ~ li city of eeg~n The City of Eagan an akot C n uarantee the accuracy of this information and are S Cemmunky Development Fkpartment not re 41e for snore or omissions. Current Zoning and Comprehensive Guide Plan Gemstone CUP Land Use Map Case No. 03-CU-07-05-04 Zoning Map Current Zoning: 1-1 Limted Industrial wo o wo uw s..e R R-~ .~ R-7 I.1 I-~ RD R• R- •~ a I•, RD -, I-, : ® R- i ~ ~ pp ~~~ . A ' NB D -4 +p' PD ,~ PD .- ,~ ~• Comprehensive Guide Plan Land Use Map Current Land Use Designation: IND Limited Industrial wo o wo ~20o s..~ I -r , IND P gp IND D D IND a gP IND IND BP . ® r g p lIA LD RC OC y ND ~± GC sa '~ RC / pi 1 \ ~7~ i Ub/V3/U4 1IlU 1u:JV rH.d. C1J1UJJaGG1 / \ / ~ / ~ / \ / \ ~ \ _ _ ~~ J I // \~ 1 ' ~~ X I~ I1 1~ I I i ` / . ~ I \ f r ! ` I ~ 1A\ 1 I J 1 ~ \~ ~ ~ +J 0 I , \ ~ I N ~ /~ /~ / c C ~' I I tea- =~ v + v~, ° w • I I ~ s Q f L 0 0 ~ ~w U..l ~.._ s~ ~'' ' Q .S1 Q -- _ ~=:3 ~.0 •Z ~ o ~ ~ ~._:q~ F Q ,~ , o O -'J ~ w J ~ ~ , S z Q ~ . acv u u . a ...... ..w..J... ~ ~,.. 0 io W Q 0 w 0 N n 0 ii Z "- J W n c d M N h Z Y E 0 x vi z i i r n ~"" U W F U a W G 0 p~' Agenda Memo July 20, 2004 NEW BUSINESS: A: APPROVE RESOLUTION DIRECTING THAT THE QUESTION OF A PROPOSED CITY CHARTER BE ADDED TO THE NOVEMBER 2, 2004 GENERAL ELECTION. ACTION TO BE CONSIDERED: To approve a resolution directing that the question of a proposed City Charter be added to the November 2, 2004 General Election. FACTS: • On June 25, 2004, the Eagan Charter Commission submitted a draft Charter to the City Clerk. • Minnesota State Statute 410.10 states that upon delivery of the draft charter, the City Council shall cause the proposed charter to be submitted at the next General Election thereafter occurring in the City if the General Election is to occur within six months after the delivery of such draft. The date of the General Election is November 2, 2004. • Publication of the notice of election, and the complete Charter, will occur on October 14 and October 21, 2004 and will appear in the City's official newspaper. ATTACHMENTS: Draft Charter enclosed without page number. Resolution directing the question of a roposed City Charter to the November 2, 2004 General Election enclosed on pages through ~~. SS CITY OF EAGAN RESOLUTION NO. RESOLUTION DIRECTING THAT THE QUESTION OF A PROPOSED CITY CHARTER BE ADDED TO THE NOVEMBER 2, 2004 GENERAL ELECTION WHEREAS, in accordance with Minnesota State Statute 410.10, a draft charter, executed and approved by the Eagan Charter Commission, was submitted to the City Clerk on June 25, 2004; and WHEREAS, upon delivery of such draft charter, the City Council shall cause the proposed charter to be submitted at the next general election thereafter occurring in the City if the general election is to occur within six months after the delivery of such draft; and WHEREAS, a general election is scheduled for November 2, 2004; WHEREAS, notice of election shall contain the complete charter and shall be published once a week for two successive weeks in the official newspaper of the city; and WHEREAS, the ballot shall bear the printed words, "Shall the proposed new charter be adopted? Yes ... No," (the "ballot question") with a square after each of the last two words, in which the voter may place a cross to express a choice. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota that the proposed ballot question be included on the ballot in the November 2, 2004 general election in accordance with Minnesota Statute 410. BE IT FURTHER RESOLVEll that the notice of election shall contain the complete charter and shall be published once a week for two successive weeks in the official newspaper of the City. BE IT FURTHER RESOLVED that the polling locations for each precinct for the election shall be as follows: POLLING LOCATIONS Precinct 1 Pilot Knob Elementary - 1436 Lone Oak Road Precinct 2 Oak Hills Church - 1570Yankee Doodle Road Precinct 3 Trinity Lutheran Church - 2950 Highway 55 Precinct 4 Cedar Elementary School - 2140 Diffley Road Precinct 5 Mt. Calvary Lutheran Church - 3930 Rahn Road Precinct 6 Deerwood Elementary School - 1480 Deerwood Drive Precinct 7 Fire Administration Building - 3795 Pilot Knob Road Precinct 8 Eagan Municipal Center - 3830 Pilot Knob Road Precinct 9 Woodland Elementary School - 945 Wescott Road Precinct 10 St. John Neumann Church - 4030 Pilot Knob Road Precinct 11 Northview Elementary School - 965 Diffley Road Precinct 12 Living Word Lutheran Church - 4300 Nicols Road Precinct 13 Rahn Elementary School - 4424 Sandstone Drive Precinct 14 an Church - 1930 Diffley Road Christ Luth er Q ~ V Precinct 15 Thomas Lake Elementary - 4350 Thomas Lake Road Precinct 16 Easter Lutheran Church - 4200 Pilot Knob Road Precinct 17 St. Thomas Becket Church - 4455 South Robert Trail Precinct 18 Fire Station No. 5 - 4701 Galaxie Avenue Precinct 19 Chapel Hill Baptist Church - 4888 Pilot Knob Road Precinct 20 Red Pine Elementary School - 530 Red Pine Lane Precinct 21 Pinewood Elementary School - 4300 Dodd Road The election officials for each polling place shall be as provided for by a subsequent resolution of this Council. The City Council shall declare the results of the vote upon said issue when it meets as a canvassing board following said election. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of July, 2004. Maria Petersen, City Clerk 90 Agenda Information Memo July 20, 2004 Eagan City Council B. PRELIMINARY S NEWMAN ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision to create three lots and a Variance to the minimum lot width of 85 feet, on approximately 2.2 acres located at 3450 Wescott Woodlands, legally described as Lot 1, Block 1, Thorpe Woodland Gardens, in the NE'/4 of Section 14, subject to the conditions listed in the APC minutes. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: • The site is heavily wooded with a clearing on the western part of the property. • There is an existing single-family home in the center of the site that was built in 1967. • The proposed subdivision creates three lots. The existing house will remain on proposed Lot 1, which will incorporate the wooded eastern portion of the site. Lots 2 and 3 are proposed to the south and west of the existing home. All three lots take driveway access directly to Wescott Woodlands. • The property is located within Airport Noise Zone 4 within which infill single-family residential development is a conditional use (see eight policy guidelines in the staff report). • The applicant is requesting a Variance to the lot width standard for Lot 1, which is less than 85 feet wide. Lot 1 contains the existing home which is set back considerably farther than the minimum 30 feet where lot width is measured. • All three homes should connect to gravity sanitary sewer using the stub on the south line of the property from the adjacent development. • A conservation easement should be established on the southeasterly portion of the site around the existing pond, consistent with the easement provided to the south. • A revised tree preservation plan showing no encroachment into the critical root zones of trees will need to be submitted prior to final subdivision approval. • The development will be subject to cash parks and trails dedications for two lots, and a cash water quality dedication. • The Advisory Planning Commission held a public hearing on June 22, 2004, and did recommend approval, subject to the conditions in the APC minutes. ISSUES: • The connection and extension of the sanitary sewer pipe from the public lift station into this development would occur in the backyard areas of Lots 2 and 3, and would require excavation near five significant oak trees. The applicant wishes to connect to sanitary sewer 9~ directly in Wescott Woodlands and utilize an individual grinder pump to minimize excavation and site impacts. Staff is confident that construction techniques can be employed that will minimize impacts to trees near the excavation area. In addition, connection of these three new lots would also help the existing public lift station operate more efficiently with higher flow conditions, resulting in shorter sewage collection time to build up to the minimum volume necessary to be efficiently handled by the pump. ATTACHMENTS (2): June 22, 2004, APC Minutes, pages through ~ y Staff Report, pages through 9-~ City of Eagan Advisory Planning Commission Meeting Minutes June 22, 2004 Page 10 G. PRELIMINARY SUBDIVISION & VARIANCE - RACHAEL & CLAUS THORPE NEW MAN A Preliminary Subdivision (Thorpe Woodland Gardens 3rd Addition) of approximately 2.2 acres to create three single family lots and a Variance to the minimum lot width requirement of 85', located at 3450 Wescott Woodlands in the NE '/4 of Section 14. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 17, 2004. She noted the background and history. Rachael and Claus Thorpe Newman questioned the reasoning for the cash dedication and requested clarification of the preservation easement. They also stated disagreement for the route the City has recommended for the sanitary sewer connection. They explained that it is most reasonable for all three homes tq use services from Westcott Woodlands. They discussed road construction concerns. Assistant Engineer John Gorder explained that the cash dedication issue should be further reviewed by Staff prior to the City Council meeting. He stated there was considerable discussion and expense incurred by the developer in order to prepare the property for sanitary sewer connection in the manner in which it has been recommended. He concluded by explaining: that there would be more expense over time for the resident if a grinder lift is requiter!. Planner Dudziak stated there is a conservation easement around the pond and south of the property, which should' remain consistent. Member Gladhill stated he wouldbe voting in favor; however the owner's preference of a sanitary sewer connection to Westcott Woodlands should be further reviewed. 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 moved, Member Bendt seconded a motion to recommend approval of a Preliminary Subdivision (Thorpe Woodland Gardens 3rd Addition) of approximately 2.2 acres to create three single family lots and a Variance to the minimum lot width requirement of 85', located at 3450 Wescott Woodlands in the NE '/4 of Section 14 subject to the following conditions as amended: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, B3, C1, C2, D1, and E1. 2. The property shall be platted. 3. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 93 City of Eagan Advisory Planning Commission Meeting Minutes June 22, 2004 Page 11 4. The existing house on Lot 1 shall be required to connect to the City sanitary sewer and water main systems, when available with development. The existing septic and well systems on Lot 1 shall be abandoned in accordance with City and County standards. 5. The developer shall connect to and extend the sanitary sewer pipe from the south property line to provide gravity sanitary sewer to all proposed lots within the subdivision. 6. The developer shall prepare and record a document creating a permanent conservation easement over the southeasterly portion of proposed Lot 1. The document shall be submitted and approved by the City Attorney prior to final subdivision approval. 7. This development shall maintain a minimum 30-foot undisturbed buffer from the delineated wetland edge. 8. A cash dedication in lieu of on-site water quality ponding shall be required for this development subject to Staff review prior to the City Council meeting. 9. Prior to final subdivision approval, a revised Tree Preservation Plan must be submitted that shows the correct placement of tree protection fencing, (placed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater), of significant trees/woodlands to be preserved on-site. This pertains to trees numbered 1903, 1905, 1906, 1909, 1910, 1911, 1912, and 1914. 10. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting} shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 11. The developer shall contact the City Forestry Division and set up apre-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. 12. A cash dedication shall be required for parks and trails for the two new lots resulting from this subdivision. The dedication shall be paid at the time of final subdivision at the rates then in effect. All voted in favor. Motion carried 7-0. 9~ PLANNING REPORT CITY OF EAGAN REPORT DATE: June 17, 2004 CASE: 14-PS-07-OS-04 APPLICANT: Rachael and Claus Thorpe Newman HEARING DATE: June 22, 2004 PROPERTY OWNER: Rachael and Claus Thorpe Newman APPLICATION DATE: June 2, 2004 REQUEST: Preliminary Subdivision and Variance LOCATION: 3450 Wescott Woodlands COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-Family Residential PREPARED BY: Pamela Dudziak SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create three lots and a Variance to the minimum lot width of 85 feet, on approximately 2.2 acres located at 3450 Wescott Woodlands, legally described as Lot 1, Block 1, Thorpe Woodland Gardens, in the NE %4 of Section 14. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "ln 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. 9s Planning Report -Thorpe Woodland Gardens 3rd June 22, 2004 Page 2 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. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Variance: City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: ~j'6 Planning Report -Thorpe Woodland Gardens 3ra June 22, 2004 Page 3 a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. .The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUND/HISTORY There is an existing single-family home on the site that was built in 1993. This lot was originally part of a nine-acre parcel that was subdivided into three parcels in the early 1990s. This site is the northernmost parcel of that plat. The parcel to the south was subdivided in 2002 and is currently under construction. EXISTING CONDITIONS The site is heavily wooded with a clearing on the western part of the property. The site slopes to the south and east with elevations ranging from 880 to 850. Street access to the site is provided via Wescott Woodlands. The existing house is located in the center of the site and will remain on proposed Lot 1, which will incorporate the wooded eastern portion of the site. Two new lots are proposed to the south and west of the existing home, both with driveway access to Wescott Woodlands. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: 9~ Planning Report -Thorpe Woodland Gardens 3`~ June 22, 2004 Page 4 Existin Use Zonin Land Use Desi nation North Mary Mother of Mercy LB, Limited Business; O/S, Office/Service; HD, Shelter; Townhomes R-4, Residential Multiple High Density and MD, Medium Densi residential South Single Family R-1, Single Family LD, Low Density Residential Residential residential East Single Family R-1, Single Family LD, Low Density Residential Residential residential West Golf Course P, Park P, Park (LD proposed) Residential ro osed EVALUATION OF REQUEST Compatibility with Surroundin~Area -The property is currently zoned R-1, Single-family Residential, and is designated in the Comprehensive Guide Plan as LD, Low Density Residential (0-4 units per acre). Surrounding properties to the east and south also have the LD land use designation and R-1 zoning. To the north is Mary Mother of Mercy Shelter, zoned Limited Business and guided Office/Service. To the northeast is the Wescott Hills development which is zoned R-4, Residential Multiple, and guided HD, High Density residential. To the west is Carnage Hills Golf Course, which is zoned and guided P, Park. A Comprehensive Guide Plan Amendment is currently pending on the golf course and proposes to change the land use designation of that property to LD, Low Density residential. Airport Noise Considerations -The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, infill single-family residential development would be conditional. To approve such development in this area, the City Council would need to make acceptable fmdings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 9~' Planning Report -Thorpe Woodland Gardens 3`~ June 22, 2004 Page 5 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run-up areas. With respect to the factual aspects of the findings, the property lies approximately 6.5 miles (direction) of the nearest runway at the airport. On an annual average, approximately half of all amvals and departures can be expected to use the runways to and from the southeast. Upon completion, approximately one-third of all arrivals and departures are expected to use the north- south runway. At current traffic levels, this equals approximately 520,000 operations annually. Because of the relationship of the property to the current departure and arrival procedures and the runway centerlines, a significant portion of the departures and a smaller portion of the amvals will track over or near the property. The property is approximately five miles from the engine maintenance and run up area. (Issues #3, 4 and 8) While the implementation of the Stage III airline fleet in recent years has lessened the noise per operation, the net effect of these reductions has not yet been translated into new noise policy contours. Updated policy contours are expected to be available and adopted in the near future, and it is anticipated that the result will be a reduction in the contours. However, until that time, regional policy dictates that cities continue to utilize the last officially adopted noise policy contours. As part of its updated Comprehensive Land Use Guide Plan, the City will depict the Metropolitan Council's noise policy contours on its land use and zoning maps. This will serve as notice to future occupants of the potential noise from aircraft operations. (Issue #6) If the City determines that findings concerning these conditions support the approval of this application for in-fill development, architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level). (Issue #5) Densi -The three lots on 2.23 acres results in a density of 1.35 units per acre. Lots -The R-1 zoning district requires a minimum of 12,000 sq. ft. per lot, and that each lot have 85 feet of width at the front building setback line, and a minimum of 50 feet of frontage on a public street. Lot 1 is proposed to be 72,625 sq. ft. (1.67 acres); Lots 2 and 3 are 12,149 sq. ft. each. All three lots satisfy the minimum frontage standard, and Lots 2 and 3 satisfy the width standard. The 99 Planning Report -Thorpe Woodland Gardens 3ra June 22, 2004 Page 6 applicant is requesting a Variance to the lot width standard for Lot 1, which is less than 85 feet wide. Lot 1 contains the existing home which is set back considerably farther than the minimum 30 feet where lot width is measured. Lot 1 maintains the minimum 50 feet of frontage and exceeds 85 feet in width at the setback where the house is located. Setbacks -The R-1 zoning district requires a 30-foot front yard setback, 10-foot side yard setback (5 feet for a garage), and a 15-foot rear yard setback. A maximum building coverage of 20% on each lot applies to this development. Gradin -The site is heavily wooded with relatively steep topography, with elevations ranging from 846 to 882. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. Storm Drainage -Storm water runoff from the development will be accommodated by existing storm sewer systems and ponding in the area. No additional storm sewer improvements will be necessary. Utilities -The existing house on Lot 1 is not currently connected to the City utility system and should be required to connect to the City sanitary sewer and water main systems, when available with development. The existing septic and well systems on Lot 1 should be abandoned in accordance with City and County standards. The developer is proposing to provide gravity sanitary sewer service to the two new lots (Lots 2 & 3) from the existing sewer line within Wescott Woodlands, and to serve the existing house on Lot 1 with an individual mechanical grinder system to force pump up to the sewer within Wescott Woodlands. Installation of these services will require the removal and replacement of a portion of Wescott Woodlands street section. To accommodate gravity sanitary sewer service to this entire site, the Thorpe Woodland Gardens 2na Addition development stubbed an 8-inch sanitary sewer pipe to the south line of the property. This pipe connects to a public sanitary sewer lift station within Thorpe Woodland Gardens 2"a, and is able to provide gravity sewer service to proposed new houses on Lots 2 and 3, and to the existing house on Lot 1, eliminating the need for the installation and long-term maintenance of a mechanical grinder pump in that house, and reducing the amount of Wescott Woodlands street removal and replacement. Connection of these three new lots would also help the existing public lift station operate more efficiently with higher flow conditions, resulting in shorter sewage collection time to build up to the minimum volume necessary to be efficiently handled by the pump. The connection and extension of the pipe from the public lift station into this development would occur in the backyard areas of Lots 2 and 3, and would require excavation /~ Planning Report -Thorpe Woodland Gardens 3rd June 22, 2004 Page 7 near five significant oak trees. Construction of this sewer line in this location would require construction and tree preservation techniques to reduce the impact to these trees. The developer should connect to and extend the sanitary sewer pipe from the south property line to provide gravity sanitary sewer to all proposed lots within the subdivision. Existing water main is available within the east portion of Wescott Woodlands for service connections required with the development. Streets/ Access/ Circulation -Driveway access for the existing house on Lot 1 is currently via Wescott Woodlands, and will remain onto Wescott Woodlands with slight modification. Lots 2 and 3 will also take direct driveway access onto Wescott Woodlands. Easements/Rights-of-Way/Permits -With the subdivision of the property to the south (Thorpe Woodland Gardens 2°d), a conservation easement was established around the wetland area on that site. The same wetland extends into the southeast corner of this site and a similar conservation should be provided on this site. The developer shall prepare and record a document creating a permanent conservation easement over the southeasterly portion of proposed Lot 1. The document shall be submitted and approved by the City Attorney prior to final subdivision approval. Wetlands/Water Quality -This 2.2-acre proposed subdivision is located in the "E" Watershed that drains through a series of stormwater pipes and ponds eventually to City Pond EP-2, which is in Thresher Fields Park. Due to the size and nature of this residential subdivision, water quality ponding is not feasible. To meet the City's water quality requirements, therefore, a dedication of cash in lieu of ponding is appropriate for this development. The amount due is estimated to be $987. There is a wetland (City Pond EP-2.2) located east of the proposed subdivision. However, the development is proposed not to impact either the wetland or a 30-foot buffer area alongside the wetland. This development shall maintain a minimum 30-foot undisturbed buffer from the delineated wetland edge. Tree Preservation - A tree inventory submitted with this application indicates that there are twenty- two (22) significant trees in the inventory. Individual tree size and species break down is as follows: ~ecies Avg~Diameter Dia. Range Count Percent of Total Black Cherry 10" 9"-13" 10 32% Oak 22" 17"-30" 6 27% Boxelder 14" 14"-15" 2 10% The balance of the significant tree inventory is comprised of apple, cottonwood, and birch trees with a diameter range of 8"-24", and an average diameter of 13". /o/ Planning Report -Thorpe Woodland Gardens 3ra June 22, 2004 Paee 8 The development as proposed will result in the removal of eight (8) significant trees (36.4% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, single-unit residential) is set at 40% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. According to the City of Eagan Tree Preservation Ordinance, there is to be no encroachment inside the critical root zone (CRZ) of significant trees intended to be preserved. The submitted tree preservation plan, and submitted grading plan, shows encroachment inside the CRZ of tree numbers 1903, 1905, 1906, 1909, 1910, 1911, 1912, and 1914. Of particular concern is tree #1903, a 30" diameter bur oak. This tree was brought up during proposed development of Thorpe Woodland Gardens 2nd Addition (July 16, 2002, Eagan City Council Meeting minutes). A condition was applied at that time that required the protection of this tree (#1903) by not allowing encroachment inside the CRZ from grading for a home to be constructed in Thorpe Woodland Gardens 2nd Addition. Staff is suggesting that this condition be carried forward to this application. Parks and Recreation - A cash dedication will be required for parks and trails for the two new lots resulting from this subdivision. The dedication shall be paid at the time of final subdivision at the rates then in effect. The 2004 rates are $1,913 per Iot for parks and $ I97 per lot for trails. SUMMARY/CONCLUSION Rachael and Claus Thorpe Newman are requesting approval of a Preliminary Subdivision to create three lots on 2.2 acres with a Variance to the minimum lot width of 85 feet for proposed Lot 1, on property located at 3450 Wescott Woodlands. The existing house will remain on proposed Lot 1. Lots 2 and 3 are is proposed for new construction. The proposed Preliminary Subdivision complies with relevant provisions of the City Code, however, the existing home and the two new homes should make a gravity sanitary sewer connection. The single-family use is compatible with surrounding uses and the proposed density is within the parameters established by the City's Comprehensive Guide Plan. The Tree Preservation Plan needs to be revised. The development is compliant with the Water Quality Management Plan. Single-family development is a conditional use within Airport Noise Policy Zone 4 and in order to approve the preliminary subdivision, the Advisory Planning Commission and City Council would need to determine acceptable findings relative to the eight items listed in this report regarding airport noise compatibility and make a statement to that effect. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create three lots and a Variance to the minimum lot width of 85 feet, on approximately 2.2 acres located at 3450 Wescott Woodlands, /o~ Planning Report -Thorpe Woodland Gardens 3rd June 22, 2004 legally described as Lot 1, Block 1, Thorpe Woodland Gardens, in the NE 1/4 of Section 14. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, B3, Cl, C2, D1, and E1. 2. The property shall be platted. 3. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 4. The existing house on Lot 1 shall be required to connect to the City sanitary sewer and water main systems, when available with development. The existing septic and well systems on Lot 1 shall be abandoned in accordance with City and County standards. 5. The developer shall connect to and extend the sanitary sewer pipe from the south property line to provide gravity sanitary sewer to all proposed lots within the subdivision. 6. The developer shall prepare and record a document creating a permanent conservation easement over the southeasterly portion of proposed Lot 1. The document shall be submitted and approved by the City Attorney prior to final subdivision approval. 7. This development shall maintain a minimum 30-foot undisturbed buffer from the delineated wetland edge. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 9. Prior to final subdivision approval, a revised Tree Preservation Plan must be submitted that shows the correct placement of tree protection fencing, (placed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater), of significant trees/woodlands to be preserved on-site. This pertains to trees numbered 1903, 1905, 1906, 1909, 1910, 1911, 1912, and 1914. 10. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 11. The developer shall contact the City Forestry Division and set up apre-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. /03 Planning Report -Thorpe Woodland Gardens 3`d June 22, 2004 Page 10 12. A cash dedication shall be required for parks and trails for the two new lots resulting from this subdivision. The dedication shall be paid at the time of final subdivision at the rates then in effect. /oy STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations 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 This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in additions 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. /ds 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 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 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 Approved: August 25, 1987 City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANDARD.CON /~ FINANCIAL OBLIGATION- Preliminary Subdivision-Thorpe Woodland Gardens 3rd There are pay-off balances of special assessments totaling $-0-on the parcels proposed for subdivision. The pay-offbalance 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 Storm Sewer Trunk USE RATE QUANTITY S.F. .095/Sq. Ft. 36,388 Sq. Ft. AMOUNT $3,457 Total $3,457 /0 7 Eagan boundary Location Map '`[~ Patrrcei nreae"'De building Footprint f m ~, ~:I ~, Development/Developer: Rachael and Claus Thorpe Newman Application: Preliminary Subdivision Case No.: 14PS-07-05-04 Map Prepa uclnp NcVfew 7. Parcel base map daU provided N ly Dak of GIS a Is current ac of January 2004. 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'^ , 4~ o ` ~ ~ ~ ~ ~ ° ~ ~ o "' Y "' ~ _ PRET~7ARY UUTll1TY de S1T@ PLIW 8' ~ , ,~; ,, M PLANNERS / EN(~NEERS / SURI~EYORS q o m ~ ~ ~ .al RACHAEI CLAUS TH~ttPE NEIVMAN d ssoo c nc w. 4z su[ isa sosr¢ w ~ wlaE: l~l~-wu iue ~9nJe+o-axi . t o ,M ssisst. ca I@i..AMl ana RL.,.MM.,w.q wlrse.,m .ape 3na~ / srr~a / sx3oaw . ` =- - = tea ~n-t~xa ~ ~ ;~ ~ c ~ ~ " ~ ~" " ~ ~~ a sawed . ~~lH y ~ ~~Q~- ~ ~ ~Q~- ~~ ~ ~ ~~ --~ u7 r 1 `\ ~'_ 1 i ~~. F - I >? .E.} I 1 C] 1 ~ <[ 1 ~~~ ,~ ~L w ; ~~ <<, ~ ~- 1 ~ 1 - - 1 ;~-! 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"Proposed Lot 1 does not satisfy the minimum 85-feet required by City Code at the front building setback line." We feel the setback line is open to interpretation and although a setback line of 30' from the street is typically used, the intention is to ensure a minimum lot width of 85 feet at the building site. Our plan shows a 60 foot lot width at the street which exceeds the City's minimum lot front footage of 50 feet_ The lot width at the site of our existing home on Lot 1 approximately 200 feet from the street is 240 feet. Additionally, Lot 1 is over 1.5 acres is size, much larger than the City requires. We hope that this justifies our variance request and ask that you grant a variance for Lot 1 of this project. S(ni~ncerel , Rachael Thorpe Newman Claus Thorpe Newman R~~~~~~~ ~~~ed ? 2004 // /~ June 1, 2004 Pamela Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 RE: 14-PS-70-OS-04 (Thorpe Woodland Gardens 3`~ Addition) Dear Ms. Dudziak and City Officials, This letter is in response to your letter outlining the comments of City staff regarding our preliminary plat application_ The first comment was in reference to the grading around tree #1903 on Lot 3. This was an engineering over-site and has been corrected. The second comment is much more complicated. Your letter states that the City will require all three lots to connect to sanitary sewer and that the connection should be via the sewer stubbed at the property to the south. We do not feel that it is necessary for our house on Lot 1 to connect to City services since our well and septic are relatively new and well maintained, however, we anticipated the request and aze willing to comply. Prior to the prepazation of our plans we spoke with or met with City staff from both the planning and engineering departments to ensure that it would be acceptable for us to access services from Wescott Woodlands (to the east}. Although concrete assurances were not made, we were told that the plan seemed to meet City requirements. We have seriously considered attempting to utilize the southern sewer connection, but find it inordinately complicated and wasteful. Even the City engineer that we have talked with at length agrees that the connection is less than ideal. Our engineer has prepared two sets of plans so that staffwill be able to visualize our considerations. Plan A is our revised preliminary plat application, while Plan B is for exhibit only. We have also attached two letter-size versions highlighting our main points. We believe that it is most reasonable for all three lots to utilize services available on Wescott Woodlands. Proposed Lot 2 aheady has sewer and water connections available. The street will need to be dug up in order for proposed Lot 3 and our Lot 1 to connect to City water. We think that additional street construction to connect to the sewer-line at the same time is logical and much less destructive than connecting to the southern stub-up. The driveway to our house on Lot 1 is over 200' long. Since our plan is to move the driveway and the City is requiring us to connect to City water, the driveway area is a reasonable location for all utilities. It only makes sense to take advantage of this construction area to use the same trench for both sewer and water. The alternative has much broader repercussions. When we designed the placement of the two proposed lots we considered City requirements, tree preservation, and minimal site disturbance. The east lot lines are ladened with significant trees to ensure their protection. Typically sev~=er lines would run within the utility easements of the lots. If the southern sewer connection were used following the utility easements five large oak trees and three cherry trees would be destroyed. If an additional man-hole were added at the stub-up, then the track of the sewer line could be altered to run through the back yard of Lot 3 to another man-hole which would link the three lots. This alternative proposed by John Gordor is feasible with some additional considerations, however, we feel it is indiscriminant and short- sighted. First, the sewer trench would need to run between several significant trees and the City's tree preservation regulations could not be followed. Significant tree #1903 (30" oak) mentioned earlier and significant trees #1905 (connected 21" and 16" oak} and #1906 (26" oak) have drip-lines that connect. Using even the most conservative measurements the tree preservation guidelines would require a 30' and 26' radius to protect the critical root zones of these trees. Given that the distance between these trees is approximately 60', any construction in the area would jeopardize these ancestral giants. Tree #1904 would be needlessly destroyed. Safe construction to access the stub-up 15' below the surface would require a trench 30' wide. More complicated and expensive construction methods could be utilized to minimize the trench width, but «-ould still not decrease the construction area. Lot 3 would also require an additional utility easement which would limit the o~~ner's use of the property and reduce the value of the lot. Another concern is the proposed destruction of a major swath of woods between the suggested man-hole link and our house on Lot 1. Because of the elevations in the area a circuitous route would need to be followed almost eliminating the protective screen of non-significant trees bet,~~een Lot 1 and proposed Lot 2. Needless to say, we find the plan to connect to the southern sewer stub-up unreasonable, illogical, exceptionally complicated, and inefficient_ We urge City staff to revisit your positions, review our arguments, and remove this recommendation from your packet to the Planning Commission and City Council. Please feel free to contact us with any questions. Sincere y, ~-Pl ,-- I ~f ~---- Rachael Thorpe Newman Claus Thorpe Newman /z. ~t ~ ~~ -~ rr~ 3 _ „. - d 3 ., cJ ~ , ~ . s 7 ~~- ``/ -te a„ F> C~ CJ <C ~~_ rf; C~ LIJ ~/ ~~ I LIJ u_ (; ) ~~ .1... F- C~ (:( \i~ ~ ~ / ~ \ ~ \ ~ ~ \\~~ / \ ~ / \ ~ ~ \ ~ \\~~ /~ ~ ~ / ~\~~~ .' Q a c~.~ f~ c1 ,~ 1 ~ ~ 1 4 1 t S t N Z (V ~ ~ d W 3 1 U) -~ L . LI\J t CJ *\ ~ <~ ~`.,~ ,,, ~ .. ~ ~~ ~~ c~ ~ 1 !, f ~' ~~ -~_ i L ~" `~ / S „, r~ l" ~^/~' ~ LIJ =~.~ ~ ~`.. 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F _ ~ ~, f11 Agenda Information Memo July 20, 2004 Eagan City Council C. PRELIMINARY SUBDIVISION AND COMPREHENSIVE GUIDE PLAN AMENDMENT - MWF PROPERTIES ACTION TO BE CONSIDERED: To approve (OR to deny) a Preliminary Subdivision of 5.34 acres lying northwest, southeast of Hwy. 13, east of Cedar Avenue in the NE'/4 of Section 19. To direct that a Comprehensive Guide Plan Amendment to establish a HD, High Density, residential land use guide plan designation upon approximately 3.96 acres of land located north of Hwy. 13 and south of Silver Bell Road, east of Cedar Avenue, be submitted to the Metropolitan Council for review and approval. REQUIRED VOTE FOR APPROVAL: Preliminary Subdivision: Majority of Councilmembers present Comprehensive Guide Plan Amendment: At least four votes FACTS: • The entire site is 5.34 acres. The applicant is requesting a preliminary subdivision to create two parcels along existing boundaries. Proposed Lot 1 is 3.96 acres is area and Outlot A is 1.38 acres in area. • The applicant is also requesting a change in the land use designation within the Special Area from office to HD, High Density (12+ units per acre), on the 3.96-acre parcel. • A conceptual site layout has been submitted with this application showing athree-story apartment building consisting of 57 two and three-bedroom units, with underground parking and a density of 14.4 units per acre. • The property is currently zoned CGD, Cedar Grove District. • The Village Plaza Redevelopment Plan and the Special Area Plan encourage mixed use development throughout the Cedar Grove area, however, substantial new housing development opportunities have primarily been identified for areas south of Hwy. 13. • The site is located within Airport Policy Noise Zone 4, in which shared entrance housing is considered a provisional use, requiring architectural techniques to attenuate airport noise. • Approximately 5.3% of the city's residential land is in the HD, High Density, land use category. The City of Eagan currently exceeds the Metropolitan Council's benchmark of about 38% for non-single family detached units. • The APC held a public hearing on the proposed Comprehensive Guide Plan Amendment on June 22, 2004 and recommended denial of the land use designation, and took no action the Preliminary Subdivision. ATTACHMENTS (2): June 22, 2004, APC Minutes, page ~hrettgir Staff Report, pages~~ through ia~ City of Eagan Advisory Planning Commission Meeting Minutes June 22, 2004 Page 14 1. COMPREHENSIVE GUIDE PLAN AMENDMENT. AND PRELIMINARY SUBDIVISION - MWF PROPERTIES A Comprehensive Guide Plan Amendment to amend Special Area/Business Park to Special Area/High Density residential and a Preliminary Subdivision (Cedar Pointe Apartments) to create two lots, located on Silver Bell Road and Hwy 13 in the NE'/4 of Section 19. Chair Heyl stated she will be abstaining from voting on this item. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 17, 2004. She noted the background and history. Applicant David Steele stated they will be changing the request from 57 units to 55. 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 Leeder discussed the need for park space Member Gladhill explained that the City has been striving for consistency in the area, therefore this proposal is not in the best long term interest of City. Member Chavez stated concern for the distance to the airport runway. He stated he will vote against this item. Vice Chair Bendt inquired about the vacancy rate of rental property. City Planner Ridley stated that Eagan and Dakota County vacancy rates have been less than those found generally in the region; however, the rates have been increasing over the past year or so. Member Gladhill moved, Member Chavez seconded a motion to recommend denial of a Preliminary Subdivision of 5.34 acres lying northwest, southeast of Hwy. 13, east of Cedar Avenue in the NE '/4 of Section 19. Vice Chair Bendt stated the reason for denial is because it is not compatible with the adjacent property and future plans of the Cedar Grove area. All voted in favor. Motion carried 7-0. Alternate Member Matthees voted, Chair Heyl abstained from voting. ~a3 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 17, 2004 APPLICANT: MWF Properties, LLC PROPERTY OWNER: B.J. Mulcahy Co CASE: 19-CG-06-OS-04 & 19-PS-11-06-04 HEARING DATE: June 22, 2004 APPLICATION DATE: June 2, 2004 REQUEST: Comprehensive Guide Plan PREPARED BY: Pamela Dudziak Amendment & Preliminary Subdivision LOCATION: Silver Bell Road and Hwy. 13 COMPREHENSIVE PLAN: SA #5, Special Area ZONING: CGD, Cedar Grove District SUMMARY OF REQUEST MWF Properties is requesting approval of a Comprehensive Guide Plan Amendment to change the land use designation within the Special Area from office to high density residential upon approximately 3.96 acres of land located north of Hwy. 13 and south of Silver Bell Road, east of Cedar Avenue. The subject property is physically divided by Hwy. 13. Therefore, the applicant is also requesting approval of a Preliminary Subdivision to create separate parcels north and south of Hwy. 13. The proposed Preliminary Subdivision (Cedar Pointe) would create one lot and one outlot on 5.34 acres located north and south of Hwy. 13, south of Silver BeII Road and east of Cedar Avenue in the NE'/4 of Section 19. Because development is proposed only for the northerly portion of the property at this time (proposed Lot 1), this report focuses on that parcel. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and maybe amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the /~ y Planning Report - MWF Properties June 22, 2004 Page 2 change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis for the decision. A rational basis standard has been described to mean having legally . sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. 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. I. 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 Planning Report - MWF Properties June 22, 2004 Page 3 J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The property is vacant and unplatted and consists of two parcels that are physically separated by Hwy. 13. The proposed Preliminary Subdivision would plat those two parcels along their existing boundaries. The applicant is proposing to develop the northwesterly 3.96-acre parcel (Lot 1, Block 1); no development is proposed at this time for the 1.38-acre southerly parcel (Outlot A). Since the 1960s, the property had been zoned and designated Limited Industrial. The property was included in Special Area #5 of the Comprehensive Guide Plan with the citywide update of the Comprehensive Guide Plan in 2001. The Special Area #5 (Cedar Grove) small area plan was adopted in May 2003, and identifies the land use for the northerly part of this property as BP, Business Park. In June 2003, approximately 96 acres within the Cedar Grove redevelopment area, including this property, were rezoned from various zoning districts to CGD, Cedar Grove District. EXISTING CONDITIONS The property is vacant and unplatted and consists of two parcels that are physically separated by Hwy. 13. The proposed Preliminary Subdivision would plat those two parcels along their existing boundaries. The applicant is proposing to develop the northerly 3.96-acre parcel (Lot 1, Block 1); no development is proposed at this time for the 1.38-acre westerly parcel (Outlot A). SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: /e16 Planning Report - MWF Properties June 22, 2004 Pase 4 Existing Use Zoning Land Use Desi nation North ApartmentJsingle R-4, Residential HD, High Density family Multiple; R-1, Single residential; LD, Low Famil Residential Densit residential South H .13 Ri t-of-Wa East Silver Bell Business PD, Planned SA, Special Area (BP, Center Develo ment Business Park) West Tesseract School PD, Planned SA, Special Area (QP. Develo ment Quasi-Public) EVALUATION OF REQUEST PROPOSAL MWF Properties is proposing a Preliminary Subdivision for this site that is divided by Hwy. 13. The proposed subdivision would plat the two parcels along their existing boundaries. MWF Properties is proposing a Comprehensive Guide Plan Amendment to change in the land use designation of the northerly 3.96 acres of this property from BP, Business Park to HD, High Density residential. The HD land use designation allows residential development at densities of 12 or more units per acre. This land use category provides for the development of townhomes, apartments and condominiums. It is deemed compatible with lower density residential uses as well as commercial and industrial uses given appropriate scale, buffering, and design treatment of the higher intensity uses. MWF has submitted a concept plan that shows a site layout for athree-story apartment building consisting of 57 two and three-bedroom units, with underground parking. This conceptual plan has a density of 14.4 units per acre. The concept plan is consistent with the proposed HD, High Density residential land use designation. The applicant's narrative states that the building design fits "the configuration and topography of the existing land ...." The narrative also states that it is their intention to have a workforce housing component of 28 to 34 units within the 57 unit building. The applicant asserts that this use is compatible with surrounding uses, vehicle traffic would be less than for comparable office building, and adequate infrastructure exists to serve this site. PRELIMINARY SUBDIVISION Lots -The entire site is 5.34 acres; proposed Lot 1 is 3.96 acres is area and Outlot A is 1.38 acres in area. ia~ Planning Report - MWF Properties June 22, 2004 Page 5 Densi -The applicant's narrative indicates that the applicant intends to develop an apartment building on proposed Lot 1. The requested high density residential land use designation would allow residential development of 12 or more units per acre. Final Subdivision -Because the existing parcel is physically separated by a state highway, the property must be subdivided in order to pursue a land use amendment or development proposal on only a portion of the parcel. Therefore, the applicant has submitted a preliminary subdivision application in conjunction with the proposed land use amendment. Since the applicant is seeking only a land use amendment at this time, the preliminary subdivision application does not contain the detailed civil plans that are typically required. Therefore, the Final Subdivision and development plans should go through public hearing with the Advisory Planning Commission prior to action by the City Council. Wetlands/Water Quality - Development of this site is subject to the Water Quality requirements and on-site ponding designed and sized to treat runoff to achieve water quality standards, or a cash water quality dedication, will be required at the time of development and final subdivision. Parks and Recreation - A cash park and trail dedication based on the adopted Fee Schedule will be required at the time of development. The 2004 rates for multiple residentiaUapartments are $1,746 per unit for parks, and $197 per unit for trails. COMPREHENSIVE GUIDE PLAN AMENDMENT The subject site is located within the Cedar Grove Redevelopment District and Special Area #5. This Special Area was created following work done by the Cedarvale Task Force, which the produced the Village Plaza Redevelopment Plan for the area. This plan and the Special Area Plan encourage mixed use development throughout the Cedar Grove area. Redevelopment activity in the area to date has included infrastructure improvements, approval and initial construction of Nicols Ridge (230 unit townhome and condominium development) and approval and substantial construction of Keystone Communities of Eagan (129-unit senior housing). While mixed use development, including residential uses, is encouraged in the overall redevelopment area and existing residential uses are in place on the north side of Hwy 13, substantial new housing development opportunities have primarily been identified in the plan for areas south of Hwy. 13. The developer believes the subject site, topographically and dimensionally, is better suited for residential development. City policy makers will have to determine if a residential use is a better fit on the site than an office use. Environmental Imp acts Grading/Topography -The site is generally open with lightly wooded areas In general, the site on Silver Bell Road slopes to the south toward Highway 13. /.~8" Planning Report - MWF Properties June 22, 2004 Paee 6 Storm Water Drainage -Storm water runoff currently drains to the Highway 13 ditch adjacent to the property. Development of the property will require storm water ponding to retain water to its current rate of runoff. Wetlands/Water Quality -Storm water runoff of the site will need pre-treatment, according to City water quality requirements. Verification that there are no wetlands on the site would also need to be provided at the time of development. Tree Preservation -The City's Tree Preservation ordinance applies to this property. Compliance with the tree preservation ordinance must be demonstrated at the time of development, regardless of land use. Airport Noise Considerations -The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. A summary is provided here, and a more detailed analysis is included in the attached exhibits. The subject site is located 3.5 miles southeast of the new north-south runway at MSP, scheduled to be operational in the fall of 2005, and is in line with the arrival and departure flight track for that runway. As such, the site is located in Noise Zone 4 as defined by the Metropolitan Council Policy Contours adopted in 1996. Historically, the City has attempted, where possible, to minimize land uses that would be in conflict with operations at MSP. The Special Area #5 Plan within the City's adopted Comprehensive Guide Plan provides for a mixture of existing and future residential and commercial uses. The Special Area #5 Plan indicates that airport noise is to be considered as part of the development review for residential uses within the area. While residential uses are planned in parts of the district, the subject site is currently designated BP, Business Park. Within Noise Zone 4, the development of residential uses with shared entrances, such as apartments, is considered provisional.- Provisional residential uses must be acoustically constructed to achieve a 45 DNL interior sound level. If additional residential development is considered north of Hwy. 13, the staff is recommending that it be limited to shared entrance housing types that would meet that noise reduction standard. Environmental Review -Development of this site does not require a mandatory Environmental Assessment Worksheet. Noise Abatement -This property will need to be final platted prior to development, and the City's subdivision ordinance requires a noise abatement plan when a plat abuts a freeway, major arterial or other area that generates high volumes of noise. However, the compatibility of the proposed residential use adjacent to Hwy. 13 should be considered in evaluating the proposed change in land use from commercial to residential. /a9 Planning Report - MWF Properties June 22, 2004 Paee 7 Summary -Environmental Impacts The property is located within Airport Policy Noise Zone 4, in line with primary arrival and departure flight paths. Within Noise Zone 4, the development of residential uses with shared entrances, such as apartments, is considered provisional. If additional residential development is considered north of Hwy. 13, it should be limited to shared entrance housing types that would meet that noise reduction standard. The proposed residential use is also adjacent to Hwy. 13 and will require a noise abatement plan at the time of development. Infrastructure Impacts Street Access /Circulation -Silver Bell Road along the north edge of the site is available for public street access. Utilities -Sanitary sewer and water main lines are available surrounding this site to adequately serve development on the Silver Bell Road portion of the property: Summary -Infrastructure Impacts Silver Bell Road provides street access to the proposed development site. Sanitary sewer and water main lines are available to adequately serve the property. Comprehensive Land Use Guide Plan Residential Land Use Designations - In the City of Eagan, land designated for residential uses in the Comprehensive Guide Plan totals approximately 7302 acres, or 34% of the total land area of the city. The residential land supply is categorized into three designations based on density: LD, Low Density (0-4 units per acre}; MD, Medium Density (4-12 units per acre); and HD, High Density (12+ units per acre). These land use designations do not restrict the type of residential dwelling (i.e. single family, duplex, townhome, apartment, condominium) allowed within the district. Residential Land Sunvly -Approximately 5.3% of the city's residential land is in the HD, High Density, land use category. The remaining residential land is in the LD, Low Density (82%) and MD, Medium Density (12.7%) land use categories. The HD land use designation applies to apartments and condominiums, and some townhome developments. Single family and twin homes are generally designated LD and the MD designation generally applies to townhomes. Of the 1,078 acres of vacant and underutilized residential land (May, 2003), 26.7 acres, or 2.5% is designated HD. If the proposed land use amendment to HD is approved, this site would add almost four acres to the HD land supply. Housing_Construction Trends -During the late 1970s and early 1980s, market conditions were favorable for the construction of apartments. Single-family uses were most prevalent during the /.~v Planning Report - MWF Properties June 22, 2004 Page 8 1980s and early 1990s. Due to increased land costs, environmental considerations and market demand, townhome development dominated in the early- to mid-1990s. Housing Goals and Policies - An update of Eagan's housing mix was completed in October 2003. The update shows that the City is maintaining an excellent mix of housing types and life cycle housing choices. As indicated in the City's 2000 Comprehensive Plan, the City achieved a strong diversity of housing types by 1998. At that time, 47% of Eagan's housing consisted of attached, multi-family units, where the metropolitan average and Metropolitan Council Livable Community goal for attached housing was around 38%. The October 2003 breakdown shows a small increase in percentage of single family detached housing since 1998; however, when planned units are factored in, the total mix of housing remains neazly identical to 1998 levels. Development in Sunoundin~ Area -This neighborhood consists of commercial and residential uses. Apartments are located to the north across Silver Bell Road, and these are designated HD, High Density residential in the Special Area #5 Plan. Tesseract School is located to the west, and an office building to the east. An existing single-family neighborhood is located to the northwest of this site and is designated LD, Low Density residential within the Special Area #5 Plan. The proposed HD land use designation for this property would allow density of 12 or more units per acre. The concept plan shows a 57-unit apartment building on 3.96 acres, with a density of 14.4 units per acre. Summary -Comprehensive Land Use Impacts The residential land supply is categorized into three designations based on density which do not restrict the type of residential dwelling allowed within the land use district. Approximately 5.3% of the city's residential land is in the HD, High Density, land use category. An amendment to this site would add just under four acres to the HD land supply. Since the late 1990s, the City's housing supply has been a consistent 53% single family detached, and 47%non-single family detached. The City of Eagan currently exceeds the Metropolitan Council's benchmark of about 38% for non-single family detached units. Surrounding developments are a mix of commercial and residential uses. Apartments and single- family are located to the north and northwest across Silver Bell Road. Tesseract School is located to the west, and an office building to the east. The concept plan shows 57 apartment units, with a density of 14.4 units per acre. School System Capacityand Enrollment -This site is served by Sioux Trail Elementary, Metcalf Junior High School, and Burnsville High School. Enrollment in all of the schools is currently within capacity /3/ Planning Report - MWF Properties June 22, 2004 Page 9 and is anticipated to decrease or stabilize in the next five years. Over the next five years, enrollment in the high school is anticipated to decrease from its current peak level. Estimated Impacts -The impact of residential development on school enrollment is generally less for townhome and apartment development than for single family. Based on MWF's concept plan, approximately 30 additional school age children would be added to the school system. Enrollment projections indicate that additional growth can be accommodated at all instructional levels in ISD #191. Summary -School System Enrollment in the schools serving this site is currently within design capacity and is anticipated to either decline or stabilize over the next five years. The schools have sufficient capacity to accommodate the additional students this proposal would bring. Parks and Recreation System There is little park space near this site. Fort Snelling State Park is the only park northwest of Hwy. 13 in this area. Fort Snelling State Park provides access to the Mirmesota River and trails that extend through the river valley to Bloomington. The nearest neighborhood parks are located southeast of Hwy. 13 and Silver Bell Road. Woodhaven Park is the closest neighborhood park. Should the land use designation on this site be changed as proposed, an additional 152 people maybe added to the park system, based on the concept plan of 57 units and an average of 2.67 persons per household. In addition, the city's zoning ordinance requires apartment and townhome developments to provide a minimum recreation area of 200 square feet for each unit containing two or fewer bedrooms, and an additional 100 square feet for each unit containing more than two bedrooms. Such recreation area also must be located at least 100 feet from any ponding area. Summary -Park and Recreation System This site would be served by Fort Snelling State Park as well as neighborhood parks south and east of Hwy. 13, the closest of which is Woodhaven Park. The City's zoning ordinance requires on-site recreation space to be provided for townhome and apartment developments. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision (Cedar Pointe) to create one lot and one outlot on 5.34 acres located north and south of Hwy. 13, south of Silver Bell Road and east of Cedar Avenue in the NE'/4 of Section 19. The applicant is also requesting approval of a Comprehensive Guide Plan Amendment to change the land use designation within the Special Area from BP, Business Park, to HD, High Density residential upon proposed Lot 1, located north of Hwy. 13. /.3.2 Planning Report - MWF Properties June 22, 2004 Page 10 In evaluating the proposed Comprehensive Guide Plan Amendment, the following items should be considered: General Considerations • MWF Properties is requesting a change in land use designation to HD, High Density residential, for 3.96 acres of vacant property located at Hwy. 13 and Silver Bell Road. • Until 2001 with the citywide update of the Comprehensive Guide Plan, this property was designated and zoned Limited Industrial. • The Special Area #5 land use plan identifies the property as BP, Business Park. The property is currently zoned CGD, Cedar Grove District. • The HD land use designation allows residential development of 12 or more units per acre, with no restriction on the type of housing allowed. • The concept plan submitted by MWF Properties shows a 57-unit apartment building with a density of 14.4 units per acre. Environmental Impacts • The property is located within Airport Policy Noise Zone 4, in line with primary arrival and departure flight paths. Provisional residential uses must be acoustically constructed to achieve a 45 DNL interior sound level. • If additional residential development is considered north of Hwy. 13, it should be limited to shared entrance housing types that would meet the noise reduction standard. • The proposed residential use is also adjacent to Hwy. 13 and will require a noise abatement plan at the time of development. Infrastructure Impacts Silver Bell Road provides street access to the proposed development site. Sanitary sewer and water main lines are available to adequately serve the property. Comprehensive Land Use Impacts • The residential land supply is categorized into three designations based on density which do not restrict the type of residential dwelling allowed within the land use district. /.33 Planning Report - MWF Properties June 22, 2004 Page 11 • Approximately 5.3% of the city's residential land is in the HD, High Density, land use category. An amendment to this site would add just under four acres to the HD land supply. • Since the late 1990s, the City's housing supply has been a consistent 53% single family detached, and 47%non-single family detached. The City of Eagan currently exceeds the Metropolitan Council's benchmark of about 38% for non-single family detached units. • Surrounding developments are a mix of commercial and residential uses -- apartments, single-family homes a school and an office building. The concept plan shows 57 apartment units on the subject site, with a density of 14.4 units per acre. School System • The schools have sufficient capacity to accommodate the additional students residential development of this site is anticipated to bring. Parks and Recreation System This site would be served by Fort Snelling State Park as well as neighborhood parks south and east of Hwy. 13, the closest of which is Woodhaven Park. The City's zoning ordinance requires on-site recreation space to be provided for townhome and apartment developments. ACTION TO BE CONSIDERED A. The recommend approval of a Preliminary Subdivision of 5.34 acres lying northwest, southeast of Hwy. 13, east of Cedar Avenue in the NE '/4 of Section 19. if approved, the following conditions should apply: 1. The property shall be platted. 2. Prior to final subdivision approval, detailed development plans shall be submitted to the City and shall be reviewed at a public hearing by the Advisory Planning Commission prior to action by the City Council. 3. This development is responsible for cash parks and trails dedications. 4. This development shall be responsible for meeting water quality requirements either through on-site ponding or cash dedication, as determined by the City. 5. This development is subject to the City's Tree Preservation Ordinance, and compliance with the ordinance must be demonstrated at the time of development. /.3 ~ Planning Report - MWF Properties June 22, 2004 Page 12 B. To recommend approval of a Comprehensive Guide Plan Amendment consisting of 3.96 acres lying northwest of Hwy. 13 to change the land use designation from office to high density residential within Special Area #5. The southerly 1.38 acres will retain its current mixed use land use designation within the Special Area #5 Plan. /,3S ,~l - - t -mss ~ _ - city of eagan MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 17, 2004 SUBJECT: MWF PROPERTIES -SILVER BELL ROAD COMPREHENSIVE PLAN AMENDMENT As a part of the City's consideration of the application for an amendment of the City of Eagan Comprehensive Guide Plan Amendment for MWF Properties for the property north of Highway 13 and south of Silver Bell Road, staff has reviewed the relationship of the property to the Metropolitan Council Aircraft Noise Policy guidelines as they pertain to Minneapolis-St. Paul International Airport (MSP). The purpose of this memo is to provide a discussion of those policies as they relate to the land use proposal outlined in the application. Overview The site is located in Noise Zone 4 as defined by the Metropolitan Council Policy Contours (In this memo, the terms Noise Zone and Policy Contours are used interchangeably). The proposed site is located three and one-half miles from the new north-south runway. Historically, the City has attempted, where possible, to minimize land uses that would be in conflict with operations at MSP. To that end, it has guided and zoned much of the northeastern portion of the City for compatible commercial and industrial uses in what is commonly referred to as the Eagan-Mendota Heights Corridor. The Corridor and the related policies of the City of Eagan, the Metropolitan Council and the Metropolitan Airports Commission are based on the concept that noise compatible land uses are the most effective means of preventing noise nuisance. Since the new north-south runway is being constructed after the majority of the development has already occurred in the south and west parts of the City, there is not the same opportunity to create a noise compatible "corridor" in that part of the community. There is currently a mixture of residential and commercial land uses integrated throughout the area and the City will need to consider whether development that requires Comprehensive Plan amendments within the noise zones associated with the north-south runway is better developed with noise consistent commercial uses or provisionally or conditionally acceptable residential uses in this area. In addition, the City has designated the general area around the proposed MWF development as the Cedar Grove Redevelopment District. This area was reviewed as Special Area 5 in the most recent Comprehensive Plan update, within which a mixture of uses, including medium and high /36 density residential uses, are planned. The Special Area 5 Plan indicates that airport noise is to be considered as part of the development reviews of those uses, however. While residential uses are planned in parts of the district, the MWF Properties site is currently guided BP -Business Park. If residential uses are to be considered as proposed, the threshold question is whether such uses would be appropriate in this area in consideration of all policy issues. If the City determines that to be the case, regional policy provides guidance in gauging whether such uses can be provisionally acceptable. Noise Contours The adopted contours for land use planning purposes are the 1996 contours, which have been incorporated into the Metropolitan Council's Airport Noise Policies and the City of Eagan's Comprehensive Guide Plan. The MAC recently published draft 2007 contours are part of the reactivation of the Part 150 Update process, but they have not been submitted to or approved by the FAA, nor have they been incorporated to date in the Metropolitan Council policy. If the Metropolitan Council ultimately adopts the 2007 contour with the one-mile radius, the development site would largely remain in Noise Zone 4. Within Noise Zone 4, commercial and industrial development is generally considered consistent with aircraft noise exposure. The development of residential uses with individual entrances is considered conditional and the development of residential uses with shared entrances, such as typical apartments, is considered provisional. The definition of the term provisional is discussed more completely below. It is important to note that the contours represent a series of gradients along a range of noise levels. It is well understood in the noise attenuation industry that it is not loud on one side of a contour and quiet on the other. The purpose for the one-mile radius around the DNL contours in regional and City policy contours is to acknowledge that noise nuisance is relative and receiver based and that local governments should carefully consider the impacts of noise over a broader area than the "boundaries" defined by a computer generated noise metric. It should also be noted that while the Part 150 Program requires compatibility of new Land use developments to be addressed, that aspect of the program is largely addressed through the Metropolitan Council Noise Policies in the Regional Policy Plan's Aviation Guide Chapter. Properties that have been or will be developed since the Part 150 program was originally adopted are not eligible for such corrective improvements and, therefore, cities must carefully consider noise compatibility and/or provisions for noise attenuation and other noise related conditions in development decisions. Regional Guidelines and Policies Regional policies provide guidance regarding the relative compatibility of land uses to aircraft noise within the various noise contours and for noise attenuation and other considerations if a local unit of government chooses to permit residential uses in the noise zones. The basic decision /.~ ~ is whether the local unit of government finds it appropriate to permit such land uses. If so, the appropriate findings should be made and the appropriate conditions should be applied to offset the noise impacts to the maximum extent possible. Under the Guidelines, if a city wishes to find that shared entrance residential developments are provisionally acceptable, regional policy suggests that an indoor sound level of 45 dBA, or a reduction of at least 20 dBA, must be achieved. While there are no conditional findings required other than the noise attenuation standard for shared entrance residential, the following information is provided by way of background. Frequency of exposure of proposed uses to aircraft overflight. -The proposed development site is located three and one-half miles from the new north-south runway at MSP and in proximity to the new runway centerline. Operations planning for the new runway anticipates that the primary arrival track and one of the primary departure tracks will be in close proximity to this site. Because flight tracks are not flown with surgical precision, it is likely that approximately 26 % of the departures (76 operations per day in 2007) and a majority of the arrivals using the new runway will. be over or near the development property. While the airport's Runway Use System identifies the Eagan-Mendota Heights Corridor associated with the parallel runways as the preferred operating area, the north-south will accommodate a substantial fraction of operations not over the corridor and will provide capacity for traffic growth in the future. The Eagan-Mendota Heights Corridor is likely to continue to be the preferred operating area for night time flights, because of the predominance of noise consistent commercial uses in that area, but the Runway Use System does not preclude the potential for night flights from the north-south runway. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating and maintenance areas. -The proposed development area is in proximity to the primary arrival flight track and three of the primary departure tracks for operations using the new north-south runway. It will be exposed to the effects of operations along and near those flight tracks. The site is approximately 3 %Z miles from the closest ground operating and maintenance areas and would likely experience little noise impact from those noise sources. Other Aircraft Noise Development Considerations Based on a review of all factors related to an application local governments may make different findings and conclusions about whether residential uses are provisionally acceptable in different areas. Conclusion The threshold question from an aircraft noise standpoint is whether or not residential uses would be appropriate for the area. If so, in what way would the performance and policy findings be defined to minimize the potential impact of that change on the residents of the proposed development and on residents of other residential areas of the City? /3d' FINANCIAL OBLIGATION-Preliminary Subdivision-Cedar Pointe Apartments There are pay-offbalances of special assessments totaling $40,015on the parcels proposed for subdivision. The pay-off balance will be allocated to the lots created by the subdivision. At this time, there are pending assessments in the amount of $30,897 on the parcel proposed for subdivision. The pending assessments aze related to Project 800, Silver Bell Road Access Improvements. This estimated financial obligation is subject to change based upon the azeas, 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 aze proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Lateral MF $31.30/F.F. 370 F.F. $11,581 Storm Sewer Trunk MF .11875/Sq. Ft. 172,571 Sq. Ft 20,493 Total $32,074 /.3 9 Location Map Eagan Boundary Street Centerline Parcel Area Building Footprint Development/Developer: MWF Properties Application: Comprehensive Guide Plan Amendment; and Preliminary Subdivision Case No.: 19-CG-06-0 9-PS-11-06-04 F Map P pared using E I q~ I _ arcel b map daW provided N ~F by D ota County cel d i ume s of January 2004. •`"L W E / THI PIS INTENDED EFERENCE USE ONLY city of eoc~an The City of Eagan and Dskota guarantee the accuracy of this information and are S GommurYty Devslopmen! Dapartnent not responsible for errors or omissions. ' / I I I I&1 d ftsU:~" -• c~~wm en~a~xa,+~ v~i..n'v ~....-~~ ..~~~ ~ ~ ~_. . _.w ._. _ _ _.._ _.__. _ ~ooo o ~ooo zooo Feel Current Zoning and Comprehensive Guide Plan Land Use Map MWF Properties Case Nos. 19-CG-06-05-04 & 19-PS-11-06-04 Zoning Map Current Zoning: CGD Cedar Grove District coo o soo 7:0o r..t /~ A 4~ . PD R~ ~ Location •S P R-1 ,~ o'~~+~ .~°~~ CGD G GGD ~ ,, ~~w ,<. ~ G Y CGD e •~ D PD R-4 7 ., m r~ Comprehensive Guide Plan Land Use Map Current Land Use Designation: SA Special Area/Office f00 0 f00 730o h.t LD IND BP HD Location P t SA LD O/S to ~ '1 .~~r SA SA SA SA HD ,~ ~,<~ ~~ S MD S P SA 4 ~ P ~~ pP SA HD SA ~~ fT7 ~/C `~ Pre•I bsa• p inloFina o • Dako County Land Survy DapartmsR Jun• 2003. N 0 on ntaln•d byCity EtaR City of Eagan Z W~E IS MAP IS N ED FOR REFERENCE USE ONLY Community Development Department The Ctty of Eagan a my do not guarantee the accuracy of this Information. 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E~ -z-~ _ ~ ~~ .. :R ~~ ~ a i~ ~ ^^ \ i .fir ~Y •-..r-t-s 0 3 2 i a , ~ m ~ ~ m= y \ ~ ~<< i • ~~ ~ ~: ._ , ~j ~ t~ ~ ~~~ ~ ~,~, :.t~t ti~ ~~~;~ ~ 1 ~ ~ j ~~~ ~~ 1 f~ R ~~ ~• ~3 ~ ~ ~~ C o'i .Q I s o~ osi i ~~ _ ~ ~ ~ ~ \ ~ ~- ~. ~ \ ~ ~ .... ~ ~ ~ ~ \ ~ \ :~ - ~ ~ ~ ~Y oo= • ••'••'• ~ \ \ \ cn ] •~ • •••••••• ° \ :~~•~'~ ~ ~ y ~ ~ rem ~+ L \ \ Opp •~~ -_.:~~.':~::;•. ~ ON =, ~ ~- ~ ~~ti \ •: ~;: ° ~ ~ \ V r; :~:•; ;.•;ti: ~•::; •,• : Z~~i rout ~ @ p ~ \ i rpN _ - - ..~.... .. ` Z l.~a~.... 2 \ \ .,....,... .. ~'~'~ o I y ~ F~ \. I ~ I NOLL1006' lOV2J35S31 \ \ ~'~cy6v~°.t ^ I~- ~ ~ m~ / ~~ ~~ MWF properties 7645 L;-ndale Avenue South • Suite 200 • Mitmeapolis, MN 55423 612-2.1!3-4639 Fax: 612-243-5010 TO: Eagan City Planning Commission FROM: Dave Steele, VP of Development MWF Properties LLC 7645 Lyndale Ave. South Minneapolis, MN 55423 SUBJECT: Cedar Pointe Apartments A Multi-Family Development located between Silver Bell Rd. and Highway 13, across from CedarVale Mall. APPLICANT: MWF Properties, LLC DATE: May 18, 2004 INTRODUCTION Project Description MWF Properties LLC, is proposing to build a 3-story, 57-unit apartment building on 4.2 acres +/-, which is located on vacant land between Silver Bell Rd. and Highway 13, across from CedarVale Mall and just east of Tesseract School. The site will front and have access from Silver Bell Rd. and is less than 3 blocks from the Cedar Avenue exit at Hwy 13. There will be one parking space per unit located within the underground parking structure and one surface parking space per unit. The development will be a one building three-story structure with underground parking below the dwelling units and accessible by both stairs and elevator. The building is designed as a wide "V" shape to fit the configuration and topography of the existing land, while providing privacy, security, and maximizing 2 + acres of green space, garden area, children's play area, and storm water detention. The building will have on-site management and will consist of 2 and 3 bedroom apartments to meet the demands of family housing. It is our intention to have a "Workforce Housing" component of 28 to 34 units in this development. should note that because of the severe topography and that the land has 10 feet of fill material from the City's road construction the site lends itself to this type of building design and of course designing a building to fit the site. The project is bordered as follows: South: Hwy 13 and across Hwy 13 is CedarVale SC North: Silver Bell Rd, across the street is high density apartments West: Tesseract Middle School Northeast: Office Showroom. 1~~~ • Comprehensive Guide Plan designation (existing and proposed): The current Guide Plan calls for a Special Area 5 in the Cedar Grove Redevelopment District. • We are proposing High Density Residential Family Apartments • The current zoning classification is CGD; its notable that under the current CGD we may be allowed multi-family however; I'll pursue a PD zoning to cover any possible variances, which may be required to perform this development. However, we have designed the site to have a minimum of 50' Setbacks on all sides of the project • We are proposing a zoning of Planned Development for this development, which will havel4 dwelling units to the acre. • The single building construction of 57 apartments will commence in the late spring of 2005 and should be completed by April 1 of 2006; this project will have single phase construction...The single building will have 56 resident units and 1 resident managers unit; it is our intention to have a workforce housing component of 28 to 34 units in this development, application to the Dakota County CDA wilt be in late Juiy of this year • The existing land use of the this property is vacant land (which has been used for fill material by the City of Eagan) • The Surrounding Land uses and zoning within 660 feet See attached exhibit D Imaact on surrounding property and land uses: The development will have very little impact on surrounding properties for the following reasons: a. This development is consistent with city land use goals b. This development will minimize conflicts between land uses, i.e. Tesseract Middle School will have residential development on its east boundary vs. having commercial next to a school c. The multi-family development will provide a good transitional use for this site. d. There is significant multi-family development on the north side of this site. ' . e. This development will provide significantly more services to local residents in apartments, it will provide a variety of housing types, the project maximizes "green space" with areas serving recreation and garden areas for a strong familial presence f. The traffic impact of 57 apartment units will be less than a comparable 48,000 sf office building on this site. /y8a, The developments impact on the subject property a. Due to the topography and fill material on this site, it will require a development such as this to minimize the financial impact of these site problems. However, I should say that designing "around" these problems would not in any way negate the financial impact of a "tough site°. b. Because of the contiguous property, which is developed as multi-family, this site most likely has a highest and best use as multi-family residential. Furthermore, this is a compatible use as apartments. Impact on City services a. The vehicular traffic will be less with this development than a comparable office building of 48,000 sf. b. There is adequate infrastructure for sewer 8~ water.. In place to serve this site; we will provide on-si#e storm water detention for this development..., which of course is an improvement from the current situation. Best use or Better Use of the land The current land use of this property is "vacantA with a planned use of commercial_ As I have previously indicated the topography, ingress/egress, configuration and contiguous land uses have been a deterrent to developing this land as commercial or retail. The site has great visibility, but is not well suited to commercial use for the above reasons. A quality multi-family development will have great access to shopping, schools, convenient (and cost effective) transportation, and employment in the Eagan and South Metro area. NOTE: This site will eventually require subdividing....please review the current survey, which indicates a southern parcel (next to CedarVale Mall) This 1 acre parcel is not included in this development. ~S~q ~~ ,