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02/17/2004 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING February 17, 2004 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE f9A II. ADOPT AGENDA III. CONSENT AGENDA f- 01 A. APPROVE MINUTES P. 4 B.' PERSONNEL ITEMS 15 C. CHECK REGISTERS <Q' Ap D. APPROVE Premise Permit Renewal for Gambling for the Knights of Columbus at Coopers Restaurant and Starks Saloon 17 E. DIRECT City Attorney to Prepare Ordinance Amendment to Section 6.48 - Licensing of Commercial Fertilizer Applicators F. ADOPT DARE and Police Liaison Services Agreement between the City of Eagan and ISD # 196 a3 G. APPROVE Resolution Confirming Adoption of the Eagan Comprehensive Guide Plan 2000 P,,110H. ACCEPT $50,000 Predevelopment Grant for Cedar Grove Redevelopment Area * I. SCHEDULE Public hearing for the regular APrC meeting of March 15, 2004 for DNR Outdoor Recreation Grant P. J. SCHEDULE Public Hearing for the regular APrC meeting of March 15, 2004 for DNR Natural and Scenic Area Grant Application and Authorize Project Appraisals IbN K. APPROVE Contract 01-12, July 2000 Storm Improvements, Approve Change No. 5 L. AUTHORIZE Feasibility Report, Project 905 (Lebanon Hills Regional Park - Trunk Storm Sewer Outlet) 3t} M. APPROVE Contract 04-02, Receive Bids / Award Contract (Diffley Frontage Roads, Lake Park Shores, Thomas • Lake, Lakeside Estates, Wilderness Park 2nd and 3rd Additions) ~•_~G N. APPROVE Contract 03-12, Receive Bids / Award Contract (TH 13 & Silver Bell road) - Intersection Improvements W O. AUTHORIZE the Preparation of an Ordinance Amendment to Chapter 10 of the City Code (Emergency Vehicle Pre-Emption (EVP) Use) 3q P. APPROVE Ordinance Amendment deleting Section 4.20 of the Eagan City Code regarding replacement, erection and maintenance of signs L}~ Q. APPROVE Change Order #3, Contract 03-09 (Water Treatment Plant Expansion) Q i1a R. APPROVE Council Charge to Economic Development Commission Regarding Assessment of Business Needs, Business Retention, Public Information and Recommendations for Economic Development Policies yl LW S. APPROVE Claim Settlement for Contract 01-05 (Cedar Grove Access Reconfiguration) Y • J~-' T. APPROVE 2004 Tree Maintenance Contractor License for Valley Tree Service P' 41~ o U. APPROVE Lawful Gambling Exempt Permit for East Metro Chapter - Turn in Poachers, Inc. F. y f l APPROVE Procedure for Donation of Daily Admissions to The Blast Playground IV. PUBLIC HEARINGS ~1. Lf IF A. VARIANCE - Uline, Inc. A Variance Request to exceed the existing building lot coverage by 1.2 percent for an addition on Lots 1 & 2, Block 3, Eagandale Corporate Center, located at 985 Aldrin Drive in the SW '/a of Section 11. P. 51 B. PUBLIC RIGHT OF WAY VACATION on Silver Bell Road (PIN 10-01900-011-02) V. OLD BUSINESS A. REZONING & PRELIMINARY SUBDIVISION AND WETLAND REPLACEMENT PLAN- Manley Land Development - A Rezoning of approximately 30 acres from A, Agriculture to R-1, Single Family Residential and a Preliminary Subdivision (Long Acres) to create 51 lots and one Outlot, located on Biscayne Avenue and Gun Club Road in the SE 114 of Section 36. P. B. CONDITIONAL USE PERMIT - Sowles Properties, LP - A Conditional Use Permit to allow outdoor storage of trucks, trailers, mobile cranes, cars and construction equipment, located at 3045 Highway 13 in the NW 1/4 of Section 9. 111} C. PRELIMINARY SUBDIVISION - Epic Development, LLC - A Preliminary Subdivision (Woodland Place) of approximately 6.32 acres to create 14 single family lots, located at 630 and 660 Cliff Road on the SE corner of Cliff Road and Dodd Road in the NW 'A of Section 36. VI. NEW BUSINESS VII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE P ~NLI cA. Update regarding recently released MAC Part 150 2007 Draft Mitigated Noise Contours VIII. ADMINISTRATIVE AGENDA Q ~X. ECONOMIC DEVELOPMENT AUTHORITY X. OTHER BUSINESS A. Resolution Approving Purchase Agreement for City Acquisition of Property for Redevelopment, Northeast Eagan Redevelopment District, Mary Imre/TMI Coatings Property, 2805 and 280913odd Road, and Related Stipulations and Relocation Agreements. XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. 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. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 13, 2004 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 17, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 17, 2004 City Council agenda, the following items are in order for consideration. 1 Agenda Information Memo February 17, 2004 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the January 27, 2004 Special City Council Workshop and February 3, 2004 regular City Council meeting, as presented or modified. ATTACH LENTS: • Minutes of the January 27, 2004 Special City Council Workshop and February 3, 2004 regular City Council meeting are enclosed on pages S3- through a MINUTES CITY COUNCIL WORKSHOP THURSDAY, JANUARY 27, 2004 5:30 P.M. EAGAN ROOM EAGAN MUNICIPAL CENTER 1. ROLL CALL AND AGENDA ADOPTION Mayor Geagan opened the meeting. City Administrator Hedges provided an overview of the agenda. Per the request of the Council, the following items were added under Other Business: 1.) response to Mr. Anthony Caponi; 2.) discussion regarding the NLC Conference; 3.) All American City application; 4.) City of Eagan pins; and 5.) Lions Club discussion regarding plaque at Lexington/Diffley Athletic Complex. Councilmember Maguire moved, Councilmember Fields seconded a motion to adopt the agenda as amended. Aye: 5, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. STAFFORD PLACE PARKING PERMITS City Administrator Hedges introduced the items noting that in July of 2003, the City Council approved changes to Chapter 9 of the City Code to address neighborhood concerns over on-street parking in the residential area just east of Eagan High School. Hedges added that since that time, the Council has heard concerns from a resident regarding the requirements to display the permit. Chief Therkelsen provided an analysis of the program thus far, and noted that so far, one- half of residents in the area have requested a permit. Therkelsen added that the Police Department had a strong visible presence this past fall in the area. Police Chief Therkelsen recommended that the current permit continue to be used, with a reminder to be mailed out in late summer to the residents of the neighborhood. Chief Therkelsen provided an analysis of the program thus far, and noted that thus far one- half of residents in the area have requested a permit and the Police Department had a strong visible presence this past fall in the area. Police Chief Therkelsen recommended that the current permit continue to be used, with a reminder to be mailed out in late summer to the residents of the neighborhood. Special City Council Minutes January 27, 2004 Page 2 IV. ALTERNATIVE FUNDING STUDY City Administrator Hedges introduced the item, noting that in the fall of 2002, the Council requested that the APrC look into funding alternatives to park dedication fees. Hedges added that in March of 2003, the APrC presented a report summarizing the alternatives they explored and an analysis of each alternative. City Administrator Hedges introduced the members of the APrC in attendance at the meeting and turned the discussion over to Dorothy Peterson, Vice-Chair of the APrC. APrC member Peterson presented a summary of the Committee's findings and recommendations. The City Council and members of the APrC discussed the Commission's findings. The two bodies discussed the need for a potential referendum for the acquisition of park land as well as the need to prioritize which land to be acquired. The members of the APrC noted that they have not gotten to the point of recommending specific sites for acquisition. Per the request of Councilmember Carlson, the City Council directed the APrC to look more closely at an adopt-a-park program, to include a suggested plan of how to implement the project. The Council also asked the APrC to further explore how volunteerism could be implemented into the parks system. Lastly, the Council recommended that the APrC suggest prioritization of land parcels to be acquired (looking beyond a 5-year CIP). The City Council thanked the APrC for their research. The City Council discussed the definition of the greenway and the need to better define what the greenway is. It was noted that at the City Council's January 22 Retreat, the Council discussed a definition for the greenway and there was concurrence that the greenway incorporates the Anderson parcel, Caponi property, McCarthy property and Patrick Eagan Park. The Council asked the Commission to define the terms green space, open space and the core greenway. Councilmember Fields left the meeting at 6:35 p.m. V. HOLZ FARM MASTER PLAN / PARKS AND RECREATION 5-YEAR CIP City Administrator Hedges introduced the item noting that at the August 12, 2003 Special City Council meeting, the Holz Farm master plan was accepted by the Council. City Administrator Hedges introduced APrC member Dorothy Peterson who provided a list of priorities at Holz Farm, which was developed by the APrC members and Friends of the Farm members. The City Council discussed the priorities and thanked both the APrC and Friends of the Farm for their work in developing priorities. The Council directed that the APrC further define the priorities and establish a timeline as to when they think the projects should be completed. Additionally, the Council requested that the APrC discuss with Friends of the Farm members which projects could be completed for less money than anticipated and which projects could be completed with volunteers. There was Council consensus that the priorities within the master plan should pertain only to the historical component of the park. The Council also added that fire protection and Special City Council Minutes January 27, 2004 Page 3 the preservation of structures should be top priorities, as well as the entrance (driveway) into the park. VI. DONOR NAMING POLICY City Administrator Hedges provided an overview noting that per the request of the Council, the APrC, over the past few months, has had a sub-committee developing and refining a donor policy for the City. APrC Chair Terry Davis provided an overview of the policy. APrC member Dick Fletcher briefed the City Council on the Committee's discussions and the policy being recommended to the Council. Councilmember Fields returned at 6:45 p.m. Members of the APrC sub-committee noted that the policy being proposed has been reviewed by the City Attorney. The City Council and APrC discussed the policy as proposed and the City Council commended the Commission for their fine work. JANUARY 20 COUNTY BOARD ACTION / DNR OUTDOOR RECREATION GRANT AND NATURAL SCENIC AREA GRANT VII. JANUARY 20 COUNTY BOARD ACTION / DNR OUTDOOR RECREATION GRANT AND NATURAL SCENIC AREA GRANT City Administrator Hedges introduced the item noting that the County recommended land to be preserved under the Farmland and Natural Area Grant at their January 20 meeting. Hedges added that official County Board action will be taken at the February 17 Board meeting. Parks and Recreation Director Vraa provided an update on the two grant opportunities and introduced Dakota County's Farmland and Natural Area Grant Coordinator, Al Singer. Mr. Singer noted that an additional grant would be available to the City of Eagan-the Remedial Fund Grant. Singer added the Remedial Fund Grant is designated for land that has been damaged by hazardous materials. The City Council and APrC discussed the grant opportunities. APrC member Peterson noted possible opportunities for the grant funding, including preservation of the Caponi property, Moonshine Park (land acquisition), Thresher Fields and parking at Holz Farm. Upon discussing the grant opportunities, there was City Council consensus that more information is needed on the options and recommendations of staff before making any preliminary grant applications. APrC Chair Davis noted that while January 31 is the deadline for an early indication of the funding being sought, March 31 is the official deadline for grant applications. Councilmembers Maguire and Carlson agreed to serve on a sub-committee to look at the suggestions of the APrC in order to provide a recommendation to the City Council in early February as to projects to be submitted for grant funding. The Committee agreed to meet on Thursday, January 29 at 12:00 p.m. The Council requested that the recommendation of the Committee be included on the February 3 agenda in order for the Council to endorse the recommendation of the Committee. VIII. CHARTER COMMISSION UPDATE 5 Special City Council Minutes January 27, 2004 Page 4 Charter Commission Fedde introduced the other members of the Charter Commission came before the City Council at the September 16, 2003 Listening Session to provide an overview of the issues currently being reviewed by the Charter Commission. At that time, Hedges added, the Charter Commission members indicated that they would be ready to present to the City Council in January. City Administrator Hedges introduced Bette Fedde, Chair of the Charter Commission. Charter Commission Fedde introduced the other members of the Charter Commission in attendance. The Charter Commission provided an update on the Commission's discussions and proposals. The Commission added that the proposed Eagan City Charter will include: 1.) referendum; 2.) Council-Manager form of government; 3.) four Councilmembers representing four wards; 4.) two Councilmembers elected at-large; 5.) Mayor elected at-large; and 6.) even year elections. The Charter Commission noted that they are planning a vote on the Charter in this year's elections, likely in September or November. The City Council and Charter Commission discussed the specific proposals as well as the logistics for proceeding with an election of the Charter. The City Council requested that the City Attorney provide a memo to the Council regarding the legal process of getting the Charter on a ballot in a fall election. Furthermore, the Council requested that the attorney include in the memo information regarding whose decision it is as to when the Charter would be included on an election ballot. Members of the City Council suggested a November election in order to reach the masses. The City Council and Charter Commission discussed the proposed initiatives; however, members of the City Council noted they were not comfortable in offering their opinions on the proposed Charter until they have seen a draft of the Charter. Charter Commission member Seeberg noted that it was the Charter Commission's understanding that the purpose of the meeting was to update the City Council on where the Commission is at now, and come back at a later date with a draft Charter. There was City Council discussion regarding options for special legislation in order to achieve a hybrid of the Charter Commission's recommendations. The City Council and Charter Commission briefly discussed the City Manager versus City Administrator system of government. The Charter Commission noted that they have yet to define the finance piece of the Charter which will be prepared final to submittal of a final draft Charter. The City Council directed that the Charter Commission prepare a final draft for the City Council's review, along with any documentation that the Charter Commission would like to provide to the Council. Furthermore, the Council requested a memo from the City Attorney to further clarify the process in getting a Charter on a ballot. The Charter Commission noted that the draft Charter will be ready within the next few months, at which time they will contact City Administrator Hedges. IX. OTHER BUSINESS City Administrator Hedges noted that resolution seeking an agreement between Comcast and Victory Sports will be on the Telecommunications Commission agenda on January 28, 2004. Hedges added that should the Commission recommend approval, the resolution will be included on the February 3 City Council agenda. 6 Special City Council Minutes January 27, 2004 Page 5 City Administrator Hedges distributed a draft response to Mr. Anthony Caponi in response to a letter received by Mr. Capon on Friday, January 23, 2004. The City Council directed that the letter of response be sent to Mr. Capon. The City Council discussed the NLC Conference, and Councilmember Fields noted that many of the issues discussed at the NLC Conference do not seem to apply to the City of Eagan. Councilmember Fields recommended as an alternative to the NLC Conference, the City Council consider attending the City/County Innovations Summit in April of 2004. The City Council discussed an application to the All American City Program. City Administrator Hedges noted that he would review the criteria and get back to the City Council. Councilmember Fields noted that she would like to see a new design for the City pins. City Administrator Hedges stated he would look into the issue and get back to the City Council with options. Hedges also added that the discussion fits in with the Council's review of the City's branding/logo. The City Council discussed the location of a plaque to recognize the Lions Club for their donation to the City of Eagan. City Administrator Hegdes noted that the discussion of the location of the plaque was included on a previous Operations Committee agenda, at which time the Committee recommended erecting the plaque at the Lexington/Diffley Athletic Complex. Councilmember Carlson noted that Mr. Seelig is stating that he would prefer to have the plaque located at Central Park due to the fact that the Lions donated funding to a park where the 4t' of July celebration could be held. The City Council directed that the plaque be placed in the Central Park festival grounds. X. ADJOURNMENT Councilmember Maguire moved; Councilmember Tilley seconded a motion to adjourn the meeting at 8:30 p.m. Aye: 5, Nay: 0 MINUTES OF A REGULAR MEETING OF THE FT EAGAN CITY COUNCIL Eagan, Minnesota February 3, 2004 A Listening Session was held at 6:00 p.m. in the Eagan Room of the Municipal Center. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, February 3, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay:0 RECOGNITIONS AND PRESENTATIONS MINNESOTA RECREATION AND PARK ASSOCIATION AWARD OF EXCELLENCE Donna Tilsner, representing the Minnesota Recreation and Park Association presented the Award of Excellence for the Summer 2002 Activities Guide to the Parks and Recreation Department. Parks and Recreation Director Ken Vraa was recognized for a Special Award by the Minnesota Recreation and Parks Association. Mayor Geagan introduced Ruthie Batulis, newly appointed President of the Northern Dakota County Chamber of Commerce. CONSENT AGENDA Items J, L O and S were pulled for discussion. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the January 20, 2004, regular City Council meeting, the January 22, 2004 City Council retreat and the January 6, 2004 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Kenneth Larsen as a full-time building maintenance worker at City Hall. 2. It was recommended to accept the letter of resignation from Dispatcher Amy Paul. C. Check Registers. It was recommended to ratify the check registers dated January 22, 2004 and January 29, 2004 as presented. D. Closin Sliding Hill Enterprise Fund. It was recommended to approve closing the Sliding Hill Enterprise Fund into the Community Center Enterprise Fund as of December 31, 2003. E. Cleaning Contract. It was recommended to approve an addendum to the Fire Station Cleaning Contract dated March 1, 2004. F. Revised Vehicle and Equipment Acquisition. It was recommended to approve the revised Vehicle and Equipment Acquisition, Use and Replacement Policy and authorize the purchase of the three (3) additional vehicles included in the 2004 Part II CIP. G. Contract 04-03. It was recommended to approve the plans and specifications for Contract 04-03 (Coachman Land/Terminal DriveBonccert Lane - Street & Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 26, 2004. H. Contract 03-11. It was recommended to approve the final payment for Contract 03-11 (Kennerick Addition, Ponds HDP-1 to HP-11 - Trunk Storm Sewer Improvements) in the amount of $32,081.21 to Friedges Eagan City Council Meeting Minutes C)PAFr February 3, 2004 Page 2 Contracting Company and accept the improvements for perpetual City maintenance subject to warranty provisions. 1. Cedar Grove Redevelopment District. It was recommended to authorize preparation of updated Request for Proposal or Request for Qualifications for Second Round of Proposals for Cedar Grove Redevelopment District for Subdistrict and/or Master Developer Proposals. J. Priority Funding for Cedar Grove Transit Station. PULLED K. Resolution of Support. It was recommended to approve a Resolution Encouraging Dakota County and its Cities to Support Gull Funding of State Highway Improvements for Highways 3, 13, and 149. L. Contract 03-05. PULLED M. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolutions of Denial of a request for a Conditional Use Permit to allow outdoor storage of a 113 foot tall crane on the 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway. N. 2005 Community Center Rates. It was recommended to approve the 2005 Community Center rates, per the recommendation of the Community Center Operations Committee. 0. Resolution of Encouragement. PULLED P. Appointment to Joint Airport Zoning Board. It was recommended to approve the appointment of Assistant to the City Administrator Lord, Director of Community Development Hohenstein, and Planner Cartney as alternate members to the Joint Airport Zoning Board. Q. Project 771. It was recommended to approve an Easement Agreement for Project 771 (Lexington Avenue - Street Upgrade and Traffic Signal Improvements) with the owner of Parcel No. 10-0 1000-0 10-75 and authorize the Mayor and City Clerk to execute all related documents. R. Extension to Record Final Plat. It was recommended to approve an extension of 60 days to record the Final Plat for Piney Woods, located east of Dodd Road at Rosa Court. S. Donor Naming Policy_ PULLED T. Tobacco License. It was recommended to approve a 2004 Tobacco License for K Liquor and Jensen's Supper Club. J. Priority Funding for Cedar Grove Transit Station. Councilmember Tilley expressed her support for the proposed resolution. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Resolution Regarding Priority Funding for Cedar Grove Transit Station and Associated Studies. Aye: 5 Nay: 0 L. Contract 03-05. Councilmember Maguire noted the timeframe that the sediment removal from Pond JP-47 would begin. Councilmember Maguire moved, Councilmember Tilley seconded a motion to receive the bids for Contract 03- 05 (Pond JP-47-Water Quality Improvements), award the contract to Veit & Company, Inc. for the Base Bid in the amount of $197,600.00, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 0. Resolution of Encouragement - Carriage of Local Sports Programming Councilmember Tilley expressed her support for the proposed resolution. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Resolution Encouraging Comcast and Victory Sports to Reach Agreement for the Carriage of Local Sports Programming of Public Interest, forwarded unanimously by the joint Burnsville Eagan Telecommunications Commission, and send copies to Comcast and Victory One Sports, and share this action with other cities. 9 Eagan City Council Meeting Minutes February 3, 2004 DRAFT Page 3 S. Donor Naming Policy. Councilmember Maguire asked that clarification be made to item (b) under Donors and Donations (on page two) of the Donor Naming Policy regarding anonymous donations. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the City of Eagan Donor Naming Policy per the Recommendation of the APrC with item (b) under Donors and Donation be amended to read as follows: Aye: 5 Nay: 0 (b) Donors or donor representatives must sign a donor agreement that delineates terms of the contribution. PUBLIC HEARINGS VARIANCE TO EXCEED THE 10 FOOT SETBACK FOR A LIVING SPACE ADDITION BY 5 FEET LOCATED AT 1973 COVINGTON LANE (MARCIE TIETJEN) City Administrator Hedges introduced this request for a variance to exceed the 10 foot setback for a living space located at 1973 Covington Lane which was continued from the January 20, 2004 City Council meeting. City Planner Ridley provided an update. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance to exceed the 10 foot living space setback by 5 feet for an addition to the principal structure at 1973 Covington Lane; subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The addition shall have a roof pitch and style that match the principal building. OLD BUSINESS CONDITIONAL USE PERMIT AND VARIANCE - REALITY DESIGNS, INC. City Administrator Hedges stated the applicant has requested this item be continued to the March 1, 2004 City Council meeting. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of a conditional use permit and variance for Realty Designs, Inc. until the March 1, 2004 City Council meeting. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (WOODLAND PLACE ADDITION) City Administrator Hedges stated the applicant has requested this item be continued. Councilmember Fields moved, Councilmember Maguire seconded a motion to continue consideration of a Preliminary Subdivision (Woodland Place Addition) of 6.3 acres to create 14 single family lots at 630 and 660 Cliff Road to the February 17, 2004 meeting. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - SOWLES PROPERTIES City Administrator provided an overview of a conditional use permit request to allow outdoor storage of equipment, materials, and current/late model cars located at 3045 Sibley Memorial Highway which was continued from the Eagan City Council Meeting Minutes DRAFT February 3, 2004 Page 4 January 20, 2003 City Council meeting. City Planner Ridley provided an update regarding a detailed list of outdoor storage items. The applicant discussed his submitted list of items to be stored on the property. Councilmembers discussed specific caps on the number of items to be stored as well as a limit on height of stored items. It was suggested that Councilmembers visit the site to get a better understanding of the proposed storage prior to the February 17, 2004 Council meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Conditional Use Permit to allow outdoor storage of equipment, materials and current/late model cars associated with a site plan and item list, dated January 28, 2004 located at 3045 Sibley Memorial Highway and legally described as Part of Government Lot 2, Section 9, Township 27, Range 23 until the February 17, 2004 meeting. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - SIGNS UNLIMITED City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to allow building design, color and signage changes, on property located at 1570 Thomas Center Drive. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow building design, color and signage changes, on property located at 1570 Thomas Center Drive, Lot 6, Block 1, Thomas Lake Center Addition; subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County recorder's office. Recording of the Agreement must be completed prior to issuance of any sign permits. 2. Sign permits must be obtained prior to replacement of the monument face or replacement of the building signage. 3. Temporary signage in excess of that allowed by City Code must be removed prior to issuance of sign permits. PRELIMINARY SUBDIVISION (LEXINGTON RIDGE) RAY MILLER City Administrator Hedges introduced this item regarding a rezoning of 6.9 acres, a Preliminary Subdivision to create 17 lots and 16 townhome units and a Preliminary Planned Development for property located at 4225 Lexington Way. City Attorney Dougherty provided information regarding zoning and access issues. City Planner Ridley gave a staff report Ray Miller discussed access to his proposed subdivision. Ten area residents expressed their opposition to the rezoning of the property, discussing concern over density, aesthetics of the community, safety issues, and preservation of the property as park land. After discussion among the Mayor, Councilmembers and staff, it was agreed that further review of access issues and cost responsibilities is needed. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of a rezoning, preliminary subdivision and preliminary planned development for property located at 4225 Lexington Way to the March 1, 2004 City Council meeting. Aye: 5 Nay: 0 11 Eagan City Council Meeting Minutes DRAFT February 3, 2004 Page 5 ORDINANCE AMENDMENT, CHAPTER 5, WINE, BEER AND LIQUOR LICENSING AND REGULATIONS City Administrator Hedges discussed this item regarding a proposed ordinance amendment prompted by Legislative changes to Minn. Stat. 340A governing liquor licensing and regulation. Councilmember Tilley moved, Councilmember Maguire seconded a motion to adopt an ordinance amendment to Chapter 5, Wine, beer and Liquor Licensing and Regulation. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA ACCEPTANCE OF CONTRIBUTIONS TO MAKE HISTORY PROJECT POSSIBLE City Administrator Hedges discussed a proposal to publish historical stories on playing cards to be funded by contributions. Councilmember Carlson moved, Councilmember Tilley seconded a motion to accept contributed funds and authorize history card project. Aye: 5 Nay: 0 PARK GRANT APPLICATION City Administrator Hedges discussed a recommendation from a Council sub-committee regarding applications to be submitted for DNR grant funding. Councilmember Tilley moved, Councilmember Fields seconded a motion to accept the recommendations of the Council sub-committee in regard to applications to be submitted for DNR grant funding. Aye: 5 Nay: 0 OTHER BUSINESS RESOLUTION APPROVING A PRELIMINARY REDEVELOPMENT, PURCHASE OPTION AND FIRST REFUSAL AGREEMENT BETWEEN THE CITY OF EAGAN, EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND UNITED PROPERTIES. Councilmember Tilley moved, Councilmember Maguire seconded a motion to continue consideration of a Resolution Approving a Preliminary Redevelopment, Purchase Option and First Refusal Agreement indefinitely. Aye:5 Nay:0 VISITORS TO BE HEARD Ray Nutzmann, 4555 Acorn Street, requested the City waive $28,000 in court awarded costs from a recent lawsuit. Mr. Nutzmann was informed that staff would consult with the League of Minnesota Cities Insurance Trust in regard to his request. ADJOURNMENT Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the regular City Council meeting at 9:30. Aye: 5 Nay: 0 Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). Eagan City Council Meeting Minutes DRAFT February 3, 2004 Page 6 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. 13 Agenda Information Memo February 17, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Police Officer/Retirement ACTION TO BE CONSIDERED: To accept the resignation of Police Officer Kevin Putt who is retiring. Item 2. Community Service Officer/Resignation ACTION TO BE CONSIDERED: To accept the resignation of Community Service Officer Tim Snetting. Item 3. Construction Inspector ACTION TO BE CONSIDERED: To approve the hiring of Wayne St. Martin for the position of Construction Inspector. Item 4. Engineering Technician ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended for the position of Engineering Tech. FACTS: • Interviews were held for this position. ■ Staff is currently performing reference and criminal background checks. The name of the person recommended for hire will be furnished to the Council when it is available. Item 5. Custodian/Community Center ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended for the position of full-time Custodian at the Community Center. FACTS: ■ Interviews were held for this position. • Staff is currently performing reference and criminal background checks. The name of the person recommended for hire will be furnished to the Council when it is available. Item 6. 2004 Car Allowance/City Administrator ACTION TO BE CONSIDERED: To approve the annual car allowance adjustment for 2004 for the City Administrator. ~r Agenda Information Memo February 17, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated February 5, 2004 and February 12, 2004 as presented. ATTACHMENTS: • Check registers dated February 5, 2004 and February 12, 2004 are enclosed without page number. 15- Agenda Memo February 17, 2003 CONSENT AGENDA: D. Premise Permit Renewal for Gambling for the Knights of Columbus at Coopers Restaurant and Starks Saloon ACTION TO BE CONSIDERED: Approve Premise Permit Renewal for the Knights of Columbus to conduct a pull tab operation at Coopers Restaurant, 4185 Robert Trail. Approve Premise Permit Renewal for the Knights of Columbus to conduct a pull tab operation at Starks Saloon, 3125 Dodd Road. FACTS: • The applicant is requesting approval for renewal of their Premise Permits to continue to conduct pull tab operations at Coopers Restaurant and Starks Saloon. • The applicant has applied to the Minnesota Gambling Control Board and requirements of the application have been met. • The Knights of Columbus have held a gambling premise permit at the above locations since June 1, 2000, with no reported problems; • Staff deems the premise permits in order for approval. ATTACHMENTS: None 16 Agenda Memo February 17, 2003 CONSENT AGENDA: E. Ordinance Amendment to Chapter 6.48 regarding Licensing of Commercial Fertilizer Applicators ACTION TO BE CONSIDERED: Direct City Attorney to prepare an Ordinance Amendment to Chapter 6.48 regarding the Licensing of Commercial Fertilizer Applicators. FACTS: • Minn. Stat., Section 18C.110, which passed during the 2002 legislative session, provides that effective January 1, 2004, the City may not regulate the registration, labeling, distribution, sale, handling, use application, or disposal of turf fertilizer containing phosphorus. • The exception is that a city may regulate the "sale" if it had an ordinance in effect on August 1, 2002. • The City passed and had in effect an ordinance to regulate the sale of turf fertilizer containing phosphorus (Section 6.51) on August 1, 2002. Therefore that regulation may stay in effect. However, 6.48, which regulates application and handling by commercial applicators, is preempted by Minn. Stat. 18C.110 and therefore, the City no longer has authority to regulate or license the same. ATTACHMENTS: • Attached on page` is a summary of the new phosphorus lawn fertilizer law taken from the MN Dept. of Agriculture web site 17 Summary of the new phosphorus lawn fertilizer law PREEMPTION OF LOCAL LAW Local units of government may not adopt or enforce ordinances regulating the sale, handling or use of phosphorus fertilizers for agricultural use (growing of crops including sod farms). Starts April 20, 2002. Local units of government may not adopt or enforce ordinances, other than those provided for in law, regulating the sale, handling or use of phosphorus fertilizers on lawns. Starts January 1, 2004. Local units of government outside the seven county Twin Cities metropolitan area can adopt the 0% phosphate limit, but need to inform the MDA of any such changes. Local ordinances that regulate the sale (not use) of phosphorus lawn fertilizer that are in effect by August 1, 2002 will be allowed to stay in effect after January 1, 2004. i Agenda Information Memo February 17, 2004, Eagan City Council Meeting DARE/Police Liaison Services Agreement between the City of Eagan and IDS # 196 C~ ""C!t l ~~Q'' ACTION TO BE CONSIDERED: Adopt a D.A.R.E. and Police Liaison Services Agreement between the City of Eagan and Independent School District # 196. FACTS: • The City of Eagan and I.D.S_ #196 have previously partnered in teaching D.A.R.E. to students in eight elementary schools. • The district wishes to continue this relationship and agrees to pay the city $21,422 for an Eagan Officer to teach D.A.R_E. for the 2003-2004 School Year- • The City of Eagan and I.D.S. #196 have previously partnered in establishing a school resource officer program in three schools. • The district wishes to continue this relationship and agrees to pay the city $61,170 for Eagan Police Officers to continue working in the schools for the 2003-2004 school year. • The total amount the district will provide the City of Eagan for providing D.A.R.E. instruction and Police Liaison Services is $82,592. Attachments: D.A.R.E. and Police Liaison Services Agreement. rns, ac) -Aa, ~9 D.A.R.E. & POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT NO. 196 AND CITY OF EAGAN THIS AGREEMENT is made and entered into the day and year set forth below by and between SCHOOL DISTRICT NO. 196, a Minnesota municipal corporation, (hereinafter "School District") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City"). RECITALS WHEREAS, for purposes of this Agreement, the School District's participating elementary schools within the City consist of the following schools: Deerwood, Glacier Hills, Northview, Oak Ridge, Pinewood, Red Pine, Thomas Lake and Woodland. WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills Middle School and Eagan High School; and WHEREAS, the parties enter into this Agreement pursuant to Minnesota Statutes §126C.44. NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to provide a police officer who is a state certified peace officer and certified D.A.R.E. instructor to instruct a curriculum of drug abuse resistant education ("D.A.R.E.") in the School District's elementary schools. 2. The School District agrees to pay the amount of $21,422.00 to the City as and for the City's costs incurred in teaching the D.A.R.E. program for the School District. 3. The City agrees to provide a state certified police officer to perform an average of 20 hours per week police liaison services to each of the School District's secondary schools for the purpose of assisting in the establishment and trained coordination of a cooperative community approach among the School District's schools, students, parents, police and other community resources to address the needs of the students and community members. The City's police liaison services shall include, but not limited to: a. Prevention of delinquency; b. Protection of life and property; and c. Law enforcement. Support Services/D.A.R.E Se"ices/1-9-04/1 School District 196 Graphic Ans Dept. a~ i 4. The School District shall pay the City the amount of $61,170.00, as and for the City's police liaison services to the School District. 5. The parties agree and acknowledge that the police officers who are assigned to provide D.A.R.E. instruction and police liaison services in the schools are, and will continue to be, members and employees of the City and its police department. The officers shall operate under the direct administration and supervision of the police department but will work in cooperation with school administrators to further mutually agreed goals involving the police department, schools and students. The officers shall not have disciplinary authority within the schools. 6. The amount to be paid by the School District as specified in Paragraphs 2 and 4 herein shall be payable for the 2003-2004 school year upon approval of this agreement by both parties. 7. This Agreement is effective for the 2003-2004 school year; upon the expiration of the 2003-2004 school year, this Agreement shall automatically terminate. This Agreement dated this _ day of .2004. SCHOOL DISTRICT NO. 196: CITY OF EAGAN: By: Mike Roseen By: Pat Geagan Its: Chairperson Its: Mayor By: Bruce Endler By: Maria Petersen Its: Clerk Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this _ day of . 2004, before me a Notary Public within and for said County, personally appeared MIKE ROSEEN and BRUCE ENDLER, to me personally known, who each being duly sworn by me, did say that they are the Chairperson and Clerk of School District No. 196 and that said instrument was signed and sealed on behalf of said School District by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to be the free act and deed of the School District. Notary Public Support Services/D.A.R.E Smices/1-9-04/2 School District 196 Graphic Arts Dept. STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this - day of 2004, before me a Notary Public within and for said County, personally appeared PAT GEAGAN and MARIA PETERSEN to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public Support Services/D.A.RM Serviccdl-9-04/3 School District 196 Graphic Ans Dept i Agenda Memo Eagan City Council Meeting February 17, 2004 CONSENT AGENDA G. APPROVE RESOLUTION CONFIRMING ADOPTION OF THE EAGAN COMPREHENSIVE GUIDE PLAN 2000 ACTION TO BE CONSIDERED: To approve a resolution confirming the City Council action of February 20, 2001 adopting the Eagan Comprehensive Guide Plan 2000. FACTS: • Under Minnesota Statute 473.864, cities in the Twin Cities' metropolitan region are required to prepare updates of their Comprehensive Land Use Guide Plans at least once every ten years to reflect updated census and demographic data, changes in regional policies and systems plans and modifications of local policies and development expectations. • In the late 1990's and 2000, The City Council, its advisory Commissions and staff performed an extensive review of analysis and public review process as the basis for its update of the City's Comprehensive Plan. The City submitted its draft Comprehensive Plan update to the Metropolitan Council in September 1999. The Metropolitan Council completed its review of the Plan in December 2000 and the City Council passed a motion to adopt the plan on February 20, 2001. • Subsequently, the City was informed that certain divisions within other agencies require documentation of such action by resolution, rather than by a copy of the minutes recording the Council action. As a consequence, a resolution is being presented at this time to confirm the February 20, 2001 Council action to adopt the Comprehensive Plan update. This resolution is only intended to confirm the Council action for documentary purposes and is not intended to modify the original action. ATTACHMENTS: • Minutes of the February 20, 2001 Council Meeting on pages. • Draft resolution on pages o- a6 Eagan City Council Meeting Minutes February 20, 2001 Page 5 Mayor Awada opened the public hearing. Al Hefner, owner of Valley Ridge Townhomes spoke briefly stating he had no objection to the project. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Project 797 (Letendre I" & 2nd Additions - Street Overlay) and authorize the preparation of detailed final plans and specifications. Aye: 5 Nay: 0 Mayor Awada called for a 5 minute break at 8:35 p.m. OLD BUSINESS CONDITIONAL USE PERMIT - SURE CONSTRUCTION City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow impervious surface coverage of greater than 25 percent within a Shoreland Overlay District upon property located north of Town Centre Drive and west of Lexington Avenue. He stated that this item was continued from the February 6, 2001 City Council meeting to allow the applicant time to address an off-street parking deficit. Senior Planner Ridley provided an update stating that in response to the parking deficit, the applicant has downsized the building from 20,860 square feet to 18,990 square feet thereby satisfying the City's off-street parking requirements. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow impervious surface coverage of greater than 25 percent within a Shoreland Overlay District upon property located north of Town Centre Drive and west of Lexington Avenue in the NE'/< of Section 15 subject to the following conditions: Aye: 5 Nay: 0 1. The subject property shall be platted into a lot and block. 2. The Conditional Use Permit shall be recorded with Dakota County within 60 days Final Plat approval. COMPREHENSIVE GUIDE PLAN City Administrator Hedges introduced this item. He explained that the Draft Comprehensive Plan was submitted to the Metropolitan Council in September 1999 and after much review and discussion, the full Metropolitan Council completed its review of Eagan's Draft Plan on December 13, 2000. He further explained that the Draft Plan submitted in September 1999 used data current as of August 1999 in regard to housing unit counts, vacant/underutilized land, etc. As part of the final review of the Draft Plan and to provide clarification, staff updated the numbers to be current as of October 2000. As such, an addendum was prepared to be adopted with the Plan. Senior Planner Ridley discussed Special Area #5, and that a small area would be added as requested by the Council at the Special City Council meeting. He stated the map will be updated. Councilmember Bakken suggested that since the special areas were to be reviewed, it may be appropriate to review other areas of the City also. He stated that Section 36, in particular, contained a variety of land uses that may or may not be appropriate in the long term He further stated that the area appears underserved in regard to neighborhood business uses. He recommended that Section 36 be reviewed and that staff prepare a long range plan for that area. The Council agreed. Mayor Awada also directed staff to look as area areas for potential golf course uses. David Rugg, 736 Caribou Lane discussed businesses that had been proposed in the Section 36 area in the past. Councilmember Carlson moved, Councilmember Tilley seconded a motion to adopt the Comprehensive Guide Plan and Addendum Aye: 5 Nay: 0. CITY OF EAGAN, MINNESOTA RESOLUTION A RESOLUTION CONFIRMING ADOPTION OF THE EAGAN COMPREHENSIVE PLAN 2000 WHEREAS, under Minnesota Statute 473.864, cities in the Twin Cities' metropolitan region are required to prepare updates of their Comprehensive Land Use Guide Plans at least once every ten years to reflect updated census and demographic data, changes in regional policies and systems plans and modifications of local policies and development expectations. WHEREAS, the City Council, its advisory Commissions and staff performed an extensive review of analysis and public review process as the basis for its update of the City's Comprehensive Guide Plan 2000. WHEREAS, the City submitted its draft Comprehensive Plan update to the Metropolitan Council in September 1999 and Metropolitan Council completed its review of the Plan in December 2000. WHEREAS, the City Council passed a motion to adopt the plan on February 20, 2001. NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota that the Eagan City Council confirms the City of Eagan Comprehensive Guide Plan 2000 adoption under Council action of February 20, 2001. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION 1, 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 I" day of July, 2003. Maria Petersen, City Clerk S5- Agenda Information Memo February 17, 2004 Eagan City Council Meeting H. ACCEPT PRE-DEVELOPMENT GRANT - CITY OF EAGAN ACTION TO BE CONSIDERED: To accept a Predevelopment Grant of $50,000 for the Cedar Grove Redevelopment Area and direct the Mayor and City Clerk to execute related documents. FACTS: ➢ At their October 7, 2003 meeting, the City Council authorized staff to submit an application for a predevelopment grant to be utilized for phase one and two environmental reviews and property appraisals for acquisition parcels located in the Cedar Grove Redevelopment Area. ➢ Staff was informed in November that the Met Council approved funding our proposal with a grant in the amount of $50,000. ➢ The grant was made possible through the support of the Family Housing Fund and Minneapolis Foundation. ➢ The grant agreements were received earlier this year and need to be executed and returned. ISSUES: None ATTACHMENTS: (1) h Grant award letter dated November 14, 2003 on page and a~ Metropolitan Council Building communities that work November 14 2003 The Honorable Patrick Geagan, Mayor City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: Predevelopment Grant Application: Cedar Grove Redevelopment Dear Mayor Geagan: I am pleased to inform you that your proposal for predevelopment grant funding was selected to receive a grant award. This grant award is made possible through the generous support of the Family Housing Fund and Minneapolis Foundation. On November 12, 2003, the Metropolitan Council reviewed and accepted the Community Development Committee's recommendation to fund your proposal in the amount of $50,000. A draft contract will be prepared for the city's review. Attached is a copy of the application evaluation, which includes the recommended funding amount. If you have any questions about your city's grant award, please feel free to call Melissa Manderschied, 651.602.1126 or Robin Caufinan, 651.602.1457. Congratulations on your successful predevelopment grant application. Si erel Peter Bell Chair cc: Michael Ridley, City of Eagan Attachment NOV 1 . www.metrocouncil.org 19/ Metro Info Line 602-1888 230 East Fifth Street St. Paul. Minnesota 55101-1626 (651) 602-1000 Fax 602-1550 • TIY 291-0904 City/ Project Name: Eagan. Cedar Grove Redevelopment Overall Ranking: Medium High Land Use/Systems Project Readiness Criteria 1 2 3 4 5 6 7 8 9 High X X Med-High X X X X X X X Med Low Criteria Comments 1: Balances • Site impacted from aircraft overflight from new MSP runway. Uses BMP's in residential development by not existing land include single-family housing. Reference MC Builder's Guide. use . Consistent with comp plan and land use, consistent with regional policies and plans. • Appears to be a mix of uses in the area. • Planning for streetsca a and walkable areas. 2: Delivers . Meets the purpose of the program by assisting redevelopment that supports housing production. reinvestment . Redevelops deteriorating parking lots, failing retail and unrelated uses with mixed use sensitive to surroundings. w/housing , Redevelops a prime location more densely with significant residential component. production . At-present, guide the plan would allow 102 to 329 units, anticipate more when development proposals submitted. • Opportunity to change poorly-performing land use into mix uses with connections to recreation and transportation. 3: Utilizes • Main access is via Hwys 13 and 77, principal and A minor arterials. Adjacent to Cedar Avenue Transitway. existing . Portion of redevelopment area is adjacent to MCES Seneca WWTP. Development improvements may need to be investments, reviewed prior to start to assess impacts to conveyance facility. Plan would have no impact on regional capacity along transportation to either regional wastewater conveyance or treatment facilities. corridors • Served by transit and planning for transit improvements. Plans for MVTA facility on the western edge of the area. • Adjacent to Minnesota River and Fort Snelling State Park. • Proposed Dakota County Regional Trail through the site connects Minnesota River to Lebanon Hills R_P. 4: Considers o AUAR completed for this project. The Council's 2002 AUAR comments recommended finther incorporation of natural Low Impact Development techniques wherever possible to preserve on-site and down-gradient amenities. environment , guilt large ponding to handle storm water and improve water quality. • Goal to use structured parking to reduce impervious surfaces and replace asphalt with public green space. 5: Includes . City established a TIF district and has invested public fiords to improve infrastructure related to transportation. public • Cedar/13 Study Area Task Force created the redevelopment plan. involvement 0 City appointed a Task force and held and public meetings, two open houses and mailings by consultant. artnershi s • City considering participation in the LCA program. 6: Uses • Vision statement and planning process. planning & • AUAR environmental study done. regulatory . Created unique zoning district for the site, including architectural guidelines and uniform signage. tools & 0 Successful in moving project along. g P techniques 7: Leverages . City created TIF district in 2002. funding . Applied for TEA-21 fimding for transit facility. sources . Financed redesign of local roads. 8: Overcome o Funds to assess environmental obstacles and negotiations to acquire land. impediments . Potential need for eminent domain. to implement 9: Moves . Significant planning efforts well under way, including approval of senior housing project and multifamily project. project • Supported by market analysis showing strongest demand for housing and retail, and lagging demand for office. forward . Significant impact from increasing housing units; increase in tax base and housing diversity. a~ Agenda Memo February 17, 2004 Eagan City Council Meeting Consent Agenda I. SCHEDULE PUBLIC HEARING FOR THE REGULAR APrC MEETING OF MARCH 15, 2004, FOR DNR OUTDOOR RECREATION GRANT APPLICATION ACTION TO BE CONSIDERED: Schedule public hearing for the March 15th APrC regular meeting for the DNR Outdoor Recreation Grant application. FACTS: • Council members Carlson and Maguire met with staff regarding the Minnesota Department of Natural Resources (DNR) Outdoor Recreation grant application on January 29, 2004. • It was determined at that meeting the application would entail a shelter building that would serve as a restroom and trail head at Thresher Fields. • The application deadline is March 31, 2004. • Funding for the match is expected to be derived from the Park Site Fund. • The Minnesota DNR requires a 50% match on Outdoor Recreation grant projects. • A public hearing is required prior to submission of the grant application. • A Local Government Resolution indicating support is required with the application. The resolution should be considered at the March 16, 2004 Council meeting. The resolution will be submitted to the Minnesota DNR. ATTACHMENTS: • None aq Agenda Memo February 17, 2004 Eagan City Council Meeting Consent Agenda J. SCHEDULE PUBLIC HEARING FOR THE REGULAR APrC MEETING OF MARCH 15, 2004 FOR DNR NATURAL AND SCENIC AREA GRANT APPLICATION AND AUTHORIZE PROJECT APPRAISALS ACTION TO BE CONSIDERED: Schedule the public hearing for the DNR Natural and Scenic Area Grant application for the March 15th APrC regular meeting, and authorize appraisals on parcels selected for application. FACTS: • Council members Carlson and Maguire met with City staff on January 29, 2004. It was determined that pre-applications (non-binding) would be submitted for three parcels; a segment of McCarthy, 3 acres of Olson, and the Forsman parcel, each of which are adjacent to City parks. • The application deadline is March 31, 2004. • Applications must have a public hearing prior to submission. In 2003, the City Council directed the public hearing be held by the Advisory Parks Commission at their regular March meeting. • The DNR requires a 50% match of grant funds. • Natural and Scenic Area grant applications require an accompanying appraisal for each property. • Acquisition of the subject properties would expand park acreage, protect existing resources, and in some cases allow for restoration of native ground cover. • Funding for the match is expected to come from the Park Site Fund. • A Local Government Resolution indicating support of the project is required with the application. The resolution should be considered at the March 16, 2004 Council meeting. The resolution would be submitted to the Minnesota DNR. ISSUES: • Council may want to consider narrowing the field of applications as soon as possible, to avoid conducting unnecessary property appraisals and allowing sufficient time to complete the application forms. ATTACHMENTS: • None i Agenda Memo February 17, 2004 K. CONTRACT 01-12, CHANGE ORDER 45 JULY 2000 STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order #5 to Contract 01-12 (July 2000 Storm Mitigation Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-12 provides storm water drainage system mitigation improvements in a portion of the areas affected by the July 2000 Super Storm, including Cedar Grove Area 42 (Project No. 815), Woodgate Lane Area #4 (Project 820), and Palisade Circle Area 92 (Project 826), as outlined and discussed in the Preliminary Design Report (April 2001). • Change Order No. 5 consists of the following: • Part 1: Removal of wood retaining wall on the southeast corner of Cedar Pond (AP-3) (ADD $8,829) • Part 2: Lowering of outlet skimmer structure on Pond AP-40 (ADD $2,127) • Part 3: Restoration of lawns at 1795 and 1805 Beecher Drive after winter placement of outlet structure on Pond AP-40 (ADD $3,100) • Part 4: Restoration of lawn at 4738 Narvik Drive after winter placement of outlet structure on Pond AP-15 (ADD $1,551) • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • This change order results in a total ADD of $15,607 (+0.92% of total contract). • All costs associated with this change order will be the responsibility of the City's Storm Sewer Trunk Fund. 31 Agenda Memo February 17, 2004 L. PROJECT 905, LEBANON HILLS REGIONAL PARK TRUNK STORM SEWER OUTLET. ACTION TO BE CONSIDERED: Authorize the preparation of a Feasibility Report by Bonestroo and Assoc. for Project 905 (Lebanon Hills Regional Park - Trunk Storm Sewer Outlet). FACTS: • Lebanon Hills Regional Park (LHRP) consists of approx. 1,400 acres but does not have a managed surface water drainage system in place. Dakota County is in the process of completing a comprehensive drainage plan to manage the rate and volume of water that enters and flows through the park. • As a comprehensive watershed, approx. 50-58% of the total drainage area lies outside of the LHRP boundaries incorporating portions of southeast Eagan, Rosemount, and Apple Valley. Most of the upstream areas are undeveloped open space, except for the developing section of southeast Eagan. • The City of Eagan's Comprehensive Storm Water Management Plan identifies a concept of providing for the managed conveyance of storm water flows from southeast Eagan into and through LHRP. A portion of this conveyance from the Gun Club pond (LP-23) under Highway 3 into LHRP's Marsh Lake (LP-24) is programmed in the approved Capital Improvement Plan for 2004. • At the Council workshop held on Feb. 10, the City Council directed a proposal to expand this CIP project (to include an outlet from Marsh Lake through McDonough Lake connecting to the existing downstream system.) to the Feb. 17 Council meeting for consideration of authorizing a feasibility report to identify the scope, costs, schedule and financing of such a project. • If this Feasibility Report is authorized, the staff would work on a design that would be compatible with both the City's and LHRP's comprehensive plans and present preliminary design concepts to the interested public/agencies at information neighborhood meetings prior to a formal public hearing before the City Council. ATTACHMENTS: • Concept Map, page Eagan Boundary Location Map Street Centerline Q Parcel Area ~Building Footprint -i - .~1 L' j"+---~~¢ ~ - ~ . d p y 1 E ~ L..l,y~' f.1V,__~.. ~ ~ -7 7-1 a ' r - cm. B ~ a ea ~ ~ ~ - s LLLLU ,^t y S m ' _Y".r 4 f 7 't to S. ti t a * fi ff ~ ® I p I _ 1000 D 1DD0 2000 Feet Map Prepared using ERSI AreYew 7.1, Parcel base map data provided N by Dakota County Office of GIS and is current as of January 2004. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E city of e~gan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Devdopmeat Departrrent not responsible for errors or omissions. Agenda Memo February 17, 2004 M. CONTRACT 04-02, DIFFLEY FRONTAGE ROADS/ LAKE PARK SHORES/ THOMAS LAKE/ LAKESIDE ESTATES/ WILDERNESS PARK 2ND & 3" ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 04-02 (Diffley Frontage Roads/ Lake Park Shores/ Thomas Lake/ Lakeside Estates/ Wilderness Park 2°d & 3`d Additions - Street Improvements), to Northwest Asphalt, Inc., for the base bid in the amount of $262,689, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The bituminous overlay of the streets in the Diffley Frontage Roads/ Lake Park Shores/ Thomas Lake/ Lakeside Estates/ Wilderness Park 2nd & 3`d Additions neighborhoods is programmed for 2004 in the City's 5-Year Capital Improvement Program (2004-2008). • On September 2, 2003, the City Council authorized the street improvements for the Diffley Frontage Roads (Project 893). • On December 1, 2003, the City Council authorized the street improvements for Lakeside Estates (Project 896) and Wilderness Park 2°d & 3`d Additions (Project 897). • On December 16, 2003, the City Council authorized the street improvements for Lake Park Shores/ Thomas Lake Additions (Project 895). • These projects have been combined under one contract (Contract 04-02), to increase economies of scale. • And on January 20, 2004, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 04-02. • At 10:30 a.m. on February 12, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid from Northwest Asphalt, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, pagebJ . 3 BID SUMMARY Diffley Frontage Roads/ Lake Park/ Thomas Lake/ Lakeside Estates/ Wilderness Park 2ad & 3rd Additions Street Overlay Improvements City Project No's. 895, 896, 897 City Contract No. 04-02 Bid Date: Thursday, February 12, 2004 Bid Time: 10:30 a.m. Contractors Total Base Bid 1. Northwest Asphalt, Inc. $262.689 2. McNamara Contracting, Inc $288,568 3. Bituminous Roadways, Inc $289,614 4. Midwest Asphalt, Inc. $321,203 5. Hardrives Inc $323,641 6. Valle Paving, Inc $367892 Project 893 - Diffley Frontage Roads - Base Bid Low Base Bid $30,750 Feasibility Report Estimate $38,570 Percent Under Estimate 20.2% Engineer's Estimate $35,000 Percent Under Estimate 12.1% Project 895 - Lake Park Shores/ Thomas Lake Additions - Base Bid Low Base Bid $42,317 Feasibility Report Estimate $50,540 Percent Under Estimate 16.3% Engineer's Estimate $49,130 Percent Under Estimate 13.9% Project 896 - Lakeside Estates Additions - Base Bid Low Base Bid $80,391 Feasibility Report Estimate $78,010 Percent Over Estimate 3.1% Engineer's Estimate $91,290 Percent Under Estimate 11.9% Project 897 - Wilderness Run 2"d & 3rd Additions - Base Bid Low Base Bid $109,197 Feasibility Report Estimate $123,790 Percent Under Estimate 13.3% Engineer's Estimate $124,900 Percent Under Estimate 12.6% Agenda Information Memo February 17, 2004 Eagan City Council Meeting N. CONTRACT 03-12, TH 13 & SILVER BELL ROAD INTERSECTION IMPROVEMENTS ACTION TO BE CONSIDERED: Reject the bids for Contract 03-12 (TH 13 & Silver Bell Road - Intersection Improvements), and authorize re-advertisement for bids. FACTS: • Contract 03-01 provides for the reconfiguration of the intersection of Silver Bell Road and TH 13, including traffic and access management improvements providing benefit to the operation of TH 13 as requested by MnDOT. • On February 6, 2001, the City Council approved Project 800R, the reconfiguration of Silver Bell Road, from Trunk Highway (TH) 13 to Cedar Grove Parkway, and authorized the preparation of final plans and specifications. Due to the lack of approved state funding for the addition of dual left-turn lanes on north and southbound TH 13 at Silver Bell Road, this portion of the originally proposed improvements was not included in the final plans. • On August 4, 2003, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 03-12. • On September 2, formal bids were rejected for this contract since the low bid received was about 25% more than the Engineer's Estimate. Fall bidding often encounters higher prices due to the lack of available contractors. The City Council authorized rebidding the plans and specifications in the spring of 2004. • At 10:30 a.m. on February 12, 2004, formal bids were received for this contract. The bid received from the low bidder was below the Engineer's Estimate and contained errors and irregularities. • The City Council has the right to reject any or all bids on this contract. This right is included in the specifications for the purpose of addressing irregularities in the bid and concern regarding potential costs and delays associated with any legal actions as a result of potential contested contractual work. • Reimbursement of the City for a portion of the construction costs has been approved with Cooperative Agreement funding through MnDOT. The MnDOT funding through the Local Initiative Municipal Agreements Program is available for a contract award during fiscal year 2004 (7/1/03 - 6/30/04). • Construction of the entire contract, as bid, may be started in April or May, 2004 and completed by mid-summer 2004. • Due to the cost difference between the estimate and actual low bid, the errors in the low bid proposal, the continued availability of Cooperative Agreement funding, and the timing of the construction, the City's Consulting Engineer recommends that the City exercise its right to reject any or all bids. ATTACHMENT: • Bid Summary, page3- . TH 13 and Silver Bell Road Intersection Improvements City of Eagan Project No. 880 City Contract No. 03-12 Bid Date: February 12, 2004 Bid Time: 10:30 AM Contractor Total Base Bid Valley Paving, Inc. (a) $588,868.05 Park Construction Company $604,701.59 S.M. Hentges and Sons, Inc. $616,990.83 Eureka Construction $645,614.19 F.M. Frattalone Paving (a) $663,551.95 Hardrives, Inc. $667,626.72 Northwest Asphalt, Inc. $688,330.67 Bituminous Roadways, Inc. $762,790.35 Preliminary Engineer's Estimate $652,585.14 (Municipal Agreement Application) % Over Under Preliminary Engineer's Estimate -9.8% Engineer's Estimate $608,554.50 % Over Under Engineer's Estimate -3.2% Notes: (a) Contractor's bid proposal contained errors. 37 Agenda Memo February 17, 2004 0. ORDINANCE AMENDMENT: EMERGENCY VEHICLE PRE-EMPTION ACTION TO BE CONSIDERED: Authorize the preparation of an amendment to Chapter 8, "Traffic Regulations," regulating the use of the Emergency Vehicle Pre- Emption (EVP) System for future consideration. FACTS: • Chapter 8 of the City Code addresses traffic regulations within the City of Eagan in conjunction with the regulatory and procedural provisions of Minnesota Statutes Chapters 168, 169 and 171. • On June 17, 1997, the City Council approved an agreement between the City of Eagan and Dakota County establishing criteria for the design, installation, maintenance, operation and removal of the EVP System within the City. • The Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD) establishes the appropriate usage of the EVP System by emergency vehicles and designated non-emergency vehicles. The MnMUTCD is a guide and does not establish regulatory authority. • The EVP agreement with Dakota County addresses violations of use of the EVP System. However, the City of Eagan does not have any current means to address such misuse. • Staff is proposing that this section of the ordinance be amended to establish criteria for the use of the EVP System in accordance with the agreement with Dakota County and the MnMUTCD. 3g Agenda Information Memo February 17, 2004 Eagan City Council Meeting P. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment and direct publication of same to modify Chapter 4, Section 14.20 regarding signs. FACTS: A At their regular meeting of January 20, 2004, the City Council directed the City Attorney to draft an amendment to Chapter 4 by deleting Section 4.20. ➢ The City's update of Chapter 11 (Zoning) included moving "Placement, Erection, Maintenance of Signs" from Chapter 4 to Chapter 11. ➢ The adoption of the Chapter 11 update was accomplished last year; however, the subsequent action to remove the "Placement, Erection, Maintenance of Signs" section from Chapter 4 did not occur. A This action will serve as a housekeeping measure by removing a redundant City Code section. ISSUES: None ATTACHMENTS: (1) Ordinance amendment on page. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION" BY DELETING SECTION 4.20 REGARDING GENERAL SIGN STANDARDS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Four is hereby amended by deleting Section 4.20 in its entirety. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: i Agenda Memo February 17, 2004 0. CONTRACT 03-09, CHANGE ORDER #3 (WATER TREATMENT PLANT EXPANSION) ACTION TO BE CONSIDERED: Approve Change Order #3 for Contract 03-09 and authorize the Mayor and City clerk to execute all related documents. FACTS: • Contract 03-09 provides for the expansion and renovation of the City's North Water Treatment Plant located on Coachman Road south of Yankee Doodle Rd. • Change Order #3 provides for the following: o Part 1: Relocate Sanitary Manhole to avoid gas line conflict (DEDUCT $5,374) o Part 2: Install 2 Storm Catch Basins on Coachman Rd at 81" St. (ADD $7,415) o Part 3: Reroute 6" watermain due to elevation conflicts. (ADD $8,783.60) o Part 4: Delete 101' of duplicative 8" sanitary sewer.(DEDUCT $2,222) o Part 5: Raise existing buried Storm Manhole. (ADD $2,300) o Part 6: Eliminate duplicative storm overflow pipe from pond (DEDUCT $760) o Part 7: Install another storm catch basin on Coachman Rd. at 81" St. (ADD $2,780) o Part 8: Repair existing damage to Restroom tile floor (ADD $3,448.62) • The total net increase to the Contract from all part of this change order is $16,371.22 (0.11%). If approved, the total change orders to date will be and additional $58,294.02 (0.4%) to the original contract amount. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • All costs associated with this change order will be the responsibility of the City's Water Supply, Storage & Treatment Utility Fund. X11 Agenda Memo Eagan City Council Meeting February 17, 2004 CONSENT AGENDA R. APPROVE COUNCIL CHARGE TO ECONOMIC DEVELOPMENT COMMISSION REGARDING ASSESSMENT OF BUSINESS NEEDS, BUSINESS RETENTION, PUBLIC INFORMATION AND ECONOMIC DEVELOPMENT POLICIES ACTION TO BE CONSIDERED: To approve the City Council charge to Economic Development Commission regarding assessment of business needs, business retention, public information and recommendations for economic development policies. FACTS: • The City of Eagan created its Economic Development Commission in the mid- 1980s as a part of the Star City Program. Since that time, the Commission has played a number of roles in helping to define economic development policies and advising the City Council regarding a number of economic development initiatives. In recent years, the Commission and City Council have discussed the appropriate role of the Commission in the City's current stage of development. • During the fall of 2003, a strategy committee of the Commission met to discuss possible areas in which the Commission could provide support to the City Council in achieving its economic development priorities. The committee met with Mayor Geagan, the Commission liaison, in December to discuss those opportunities. • At its retreat on January 22, 2004, the City Council reviewed a number of topics associated with development and redevelopment within the community. One of those topics was the role of the Economic Development Commission and an update on the Mayor's meeting with the strategy committee. At that time, the Council expressed a consensus that the Commission could be helpful to the City's economic development efforts in the following areas: Assessing Business Needs and Business Retention • Mayor to make direct contacts with businesses with more than 500 employees • Commission to reach out to make direct contacts with businesses under 500 employees • Partner with Chamber in Grow Minnesota Program • Identify and recommend other means of business contact - surveys, mailings, web information, etc. • Other means of establishing two-way communication with businesses • Within the needs of businesses, help identify those things that will help retain businesses in Eagan and help them grow Eagan both generally and specifically 4;~ i Economic Development Public Relations and Promotions • Economic Development Communications Plan • Eagan Business News • Economic Development Page for City Website • Advertisements and Marketing Materials • Base Information and Format for Prospect Proposal Economic Development and Economic Development Financing Policies • Revolving Loan Fund Policy • Business Assistance Policy Update • TIF Policy Update • Tax Abatement Policy • E-Commerce Initiatives and Policies • In order to permit the EDC to begin work in these areas, staff is requesting that the Council's direction be formalized as a charge to the Commission. Agenda Memo February 17, 2004 S. CONTRACT 01-05, CEDAR GROVE ACCESS RECONFIGURATION (CLAIM SETTLEMENT AGREEMENT) ACTION TO BE CONSIDERED: Approve a settlement agreement between the City, S.M. Hentges Inc. and Braun Intertec relating to Contract 01-05 (Cedar Grove Access Reconfiguration) in the amount of $160,000 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-05 provided for the reconfiguration of the intersection of Silver Bell Rd., Cedarvale Blvd., Cedar Grove Pkwy. and Highway 13. • The City received a claim for extra costs from the contractor and, subsequently, became involved in litigation relating to this claim. • As a result of mediation and negotiation efforts, the City was able to reach an amicable settlement with all parties and is now presenting this settlement agreement to the City Council for formal ratification and approval. ISSUES: • Due to the active litigation of this claim, if the Council wishes to discuss any aspect of this settlement, this item should be continued and directed to a Closed Session meeting. 4y Agenda Memo February 17, 2003 CONSENT AGENDA: T. 2004 Tree Maintenance Contractor License for Valley Tree Service ACTION TO BE CONSIDERED: Approve 2004 Tree Maintenance Contractor License for Valley Tree Service, 7600 W. 146th Street, Apple Valley. FACTS: • All requirements of the application have been met and fees paid • Staff deems the Tree Maintenance Contractor License in order for approval ATTACHMENTS: None 415- Agenda Memo February 17, 2003 CONSENT AGENDA: U. Lawful Gambling Exempt Permit for East Metro Chapter - Turn in Poachers ACTION TO BE CONSIDERED: Approve Lawful Gambling Exempt Permit for East Metro Chapter - Turn in Poachers, Inc. for a raffle to be held June 30, 2004 at 2995 Sibley Memorial Highway. FACTS: • The applicant is requesting approval for a raffle to be held June 30, 2004 at 2995 Sibley Memorial Highway • The applicant has applied to the Minnesota Gambling Control Board and requirements of the application have been met. • Staff deems the exempt permit in order for approval ATTACHMENTS: None Agenda Information Memo February 12, 2004 City Council Meeting V. ESTABLISH PROCEDURE FOR DONATING DAILY ADMISSIONS TO THE BLAST PLAYGROUND TO VARIOUS COMMUNITY GROUPS. ACTION TO BE CONSIDERED: To approve a procedure for donations of daily admissions to The Blast playground consistent with Cascade Bay donations to various community groups. FACTS: • In 1999 the City Council authorized the release of a limited number of daily admissions to Cascade Bay to various local community groups in response to the many calls for donated passes. • The Eagan Community Center is receiving a growing number of requests for the same consideration for The Blast indoor playground. • The procedure that currently exists for Cascade Bay is to send two daily admissions to each public school that serves Eagan residents as well as to EAA and EVAA. (This totals 22 sets of passes.) These passes are mailed to the principal of each school and the president of each association at the beginning of each year. It is left to their discretion how they wish to distribute the passes. Residents or groups associated with these organizations are directed to contact their principal or president to inquire if the passes are available. • An additional 50 sets of passes per year are designated for donation. These passes would be made available for distribution to local non-profit community groups on a first come, first served basis. • Establishing the same mechanism for distribution of The Blast admissions would be consistent with previously authorized procedure by the City Council for Cascade Bay. • The total value of each set of Blast admissions is $10. The total yearly donation would equal $720. ATTACHMENTS: • None f~ i Agenda Information Memo February 17, 2004 Eagan City Council Meeting IV. PUBLIC HEARINGS A. VARIANCE - ULINE, INC. ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a 1.2% Variance from the approved 36.5% building lot coverage requirement for Lots 1 and 2, Block 3, Eagandale Corporate Center located at 985 Aldrin Drive in the SW '/o of Section 11.. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The applicant is proposing a 5,150 square foot expansion to the office portion of the Uline distribution center located at 985 Aldrin Drive in Eagan. • A Variance approved in 2000 for the subject property allowed the existing facility to exceed the 35% lot coverage requirement by 1.5% to construct an 83,810 square foot warehouse expansion. • The current facility consists of 4,500 square feet of office space and 162,690 square feet of warehouse space. • The current proposal would increase lot coverage by 1.2%. • The proposed office addition will not expand the warehouse function of the site but is intended to improve the working conditions of existing employees. • All other Code requirements including setbacks, parking, and green space appear to be met. 60 DAY AGENCY ACTION DEADLINE • March 24, 2004 ATTACHMENTS (I): Planning staff report, pages to GcD Z/ 9 PLANNING REPORT CITY OF EAGAN REPORT DATE: February 9, 2004 CASE: 11-VA-01-01-04 APPLICANT: John Daniels, Uline Inc. HEARING DATE: February 17, 2004 PROPERTY OWNER: Aldrin Drive Ltd. Partnership APPLICATION DATE: January 27, 2004 REQUEST: Variance PREPARED BY: Erik Slettedahl LOCATION: 985 Aldrin Drive COMPREHENSIVE PLAN: IND-Limited Industrial ZONING: I-1 Limited Industrial SUMMARY OF REQUEST The applicant is requesting a Variance of 1.2% from the approved lot coverage of 36.5% for an office expansion on Lots 1 and 2, Block 3, Eagandale Corporate Center. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. ,q? Planning Report-Uline Variance February 17, 2004 Page 2 of 4 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code allows a maximum building lot coverage of 35% in the I-1, Limited Industrial Zoning District. BACKGROUNDIHISTORY Uline is a national shipping supply company with its upper Midwest regional distribution center located in Eagan on the subject site. Uline built its original facility in 1997 that included 78,880 square feet of warehouse and 4,500 square feet of office space. Uline added 83,810 square feet of warehouse space in 2000. The expansion met all setback standards but required approval of a 1.5% variance from the required 35% maximum lot coverage in order to efficiently maximize a racking system within the warehouse. The Variance was approved and a building permit was issued for the expansion. EXISTING CONDITIONS The existing 167,190 square foot Uline distribution facility is on a 10.5 acre lot located at the northeast corner of Neil Armstrong Boulevard and Aldrin Drive within the Eagandale Corporate Center industrial/business park. The j I.-- facility consists of 4,500 square feet of office space located at the southeast corner of the building and 162,690 square feet of warehouse space. The J facility meets all setbacks from lot lines i' and rights-of-way and, due to an approved variance, has an allowed lot of coverage of 36.5%. Subiect Site M. The subject site provides 80 parking spaces. The remaining 116 parking spaces required by code for this size of building were shown as proof-of- parking on an approved site plan with the warehouse expansion in 2000.` r Approximately 38% of the existing lot is retained as green space. City Code requires 25% minimum green space within in I-1 zoning SO Planning Report-Uline Variance February 17, 2004 Page 3 of 4 district. With the combined area of the existing site, proposed addition, and proof-of-parking area, the site will continue to meet the minimum green space requirement. The site is surrounded by industrial uses including Owobopte Industries to the west, Cross Country Courier and Dart warehouse buildings to the south, Penske Truck Leasing to the east, and a warehouse storage building to the north. 7.7 7 M, q _!`t M7 Uline Facility February 9, 2004 EVALUATION OF REOUEST The applicant is proposing an addition to the building that will add 5,150 square feet of office space along the west side of the building. The office space will increase the building footprint to 172,340 square feet and lot coverage to 37.7%. The proposed space will meet the existing office space and match existing exterior material and color. All new air conditioning units are to be located inside the office structure and are hidden from view. No additional exterior building lighting is proposed. City Code requires that the applicant provide 28 additional parking spaces with the proposed office expansion. The applicant is not proposing to construct parking spaces at this time but instead, has chosen to include additional proof-of-parking on the north side of the facility to satisfy this requirement. The proposed addition and proof-of-parking areas as shown will meet all setback and green space requirements. The site was extensively landscaped in 1997 with the original building construction. A revised landscape plan was approved in 2001 for areas along the east and south of the warehouse expansion. The proposed addition will require that some of the existing landscape be removed, however; the applicant is proposing to add landscaping to the exterior of the proposed office area that will be consistent to the existing look of the site. A revised landscape plan shall be required with a building permit application for the proposed addition showing the location of replacement landscape material. APPLICANT'S ESTIMATE OF HARDSHIP The applicant has stated that, although Uline anticipates some growth in staff, the primary purpose of the proposed office expansion is to provide a more comfortable working environment ~l Planning Report-Uline Variance February 17, 2004 Page 4 of 4 for their current employees. The applicant has stated that the current facility has become too cramped and would like to make improvements such as; increased personal space, larger cafeteria, additional conference and meeting rooms, larger data/voice room and mail room, and private office space. SUMMARY/CONCLUSION The applicant is proposing a 5,150 square foot expansion to the office portion of the Uline distribution center. A variance approved in 2000 allowed the existing facility to exceed the lot coverage requirement by 1.5% for a warehouse expansion. The current proposal would increase lot coverage by 1.2%. All other Code requirements including setbacks, parking, and green space appear to be met. Landscaping requirements shall be met with building permit approval. The proposed addition will not expand the warehouse function of the site but is intended to improve the working conditions of existing employees. ACTION TO BE CONSIDERED To approve a 1.2% Variance from the approved 36.5% building lot coverage requirement for Lots 1 and 2, Block 3, Eagandale Corporate Center. If approved, the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A landscape plan shall be submitted with a building permit application for the proposed addition showing the location of replacement landscape material due to new construction. 3. Exterior materials shall match exterior of existing office space and be consistent with the included exterior elevation plan date January 27, 2004. 57a Narrative for ULINE office addition 985 Aldrin Drive, Eagan, MN BACKGROUND / GENERAL: ULINE is a national shipping supply company and this facility is their upper Midwest distribution center. The facility is mainly a large warehouse, plus some office space for sales and support. The property is a 10.5 acre site, zoned I-1 Limited Industrial. We are located in the middle of an industrial park with similar industrial zoning and uses all around. The building was originally constructed in 1997, and then expanded in 2000 to its present size. Improving the employee work environment and growth in the business and are the two main reasons for this new office addition. VARIANCE FOR LOT COVERAGE: In order to expand the warehouse in 2000, ULINE was granted a coverage variance to slightly exceed the 35% district limit; the coverage is currently 36.5% (167,190sf bldg / 457,512sf site). All other zoning requirements are met or exceeded, including the notable landscaping that ULINE has, well beyond city requirements. This new proposed addition is for the office area only, not any warehouse space. We're proposing to add 5,150 sf of office space, making the new total building area 172,340 sf. The resulting coverage will be 37.7%. Therefore, we respectfully request a coverage variance for exceeding 35% by 2.7%, in other words, 1.2% more than the 36.5% approved existing coverage. GREEN SPACE, SETBACKS and LANDSCAPING: Since ULINE's last expansion, the city has enacted a 25% minimum green space standard for this Industrial District. We are happy to report that the existing facility has 38% green space; and even if the proof-of-parking gets paved, we would still have 33% green space. With our proposed office addition, the green space will be 37%, and again, even if the proof-of-parking gets built, we would still have 28% green space. All of these substantially exceed the 25% minimum green space requirement. The existing building setbacks, which exceed the minimums required, are not being lessened by this new addition. The front yard setback on the west (Neil Armstrong Blvd.) is now 105', compared to only 40' required. The new addition is setback 115', or 10' further away than the current setback. ULINE exceeded the city's requirements when establishing the landscape plan. We wanted a landscape that would transition well with the scale of the building. In order to achieve this transition, we focused on the use of coniferous trees, with a good mix of deciduous trees to offer year round color. In addition, we increased the number of trees and specified trees larger than what was required by City code. Today the landscape is well established and well maintained. We will add landscaping to the exterior of the expansion in keeping with the current look and feel of the site. PROJECT JUSTIFICATION: ULINE prides itself on maintaining an open, well-lit building, offering access to daylight to all employees. We would like to add facilities and provide more space for our employees by constructing the proposed office addition. Our current building has become too cramped and we would make the following improvements to office space with the addition: - Increase personal space for each employee, - Larger Cafeteria Area, - Additional and larger conference rooms to accommodate training and meetings, - Increase size of Data/Voice Room and provide a new Mail/Storage Area, - Provide private office space for managers - Provide a larger Patio area Although ULINE does anticipate some growth in staff, the primary goal of the expansion is to increase the comfort level of current Eagan, Minnesota staff. TIMING: ULINE wishes to start construction on this small addition in April, 2004, and be complete by October, 2004. 53 nn R~t 7 QwR 1 t.,. :1a~ X11 'J '`i M04, Eagan Boundary Location Map 6 Street Centerline Parcel Area - J Building Footprint A i -a T y i e 1~ 13 _ - T r F ~ ~ Sub'ect Site w. rT1 1 a 4 r_ i (09 ~ i s I T-IBU -M1 !FTC r 1000 0 1000 2000 Feet Development/Developer. Wine, Inc. Application: Variance Case No.: 11-Va-01-01-04 Map Prepared using ERSI AroView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of June 2003. W E Cit OF Gan nrt THIS MAP IS INTENDED FOR REFERENCE USE ONLY v The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S community DevelopmaM Department not responsible for errors or omissions. ~S N U i ' ` i= ~ z z ~ sl I Q > =°y j jjll' r ~ X w g Z W u b < i J j1 t w V ¢ S c a 3 0 :i W Ij - s W - ~ 1 2 o i U - - H j - LL D: n ' J T Y et A ail 0 U_ mO z}~-} O LL p A y° N F- W LL < Vl, 0 0 =NG oo Y J w cz 3 ~y N ¢ < < 1=Q» O W O ~ <y V FZ to to ~mw cc < O ¢ yW F <m¢W ~Oh m~A 7.^j LL VVW < ~F- tq d= f.70 Nom! F. Z ZZyO J 0~ J.N•. 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J LL W(3 LL • e LLZ O dZ O 0 1 -R m7S mRZ U).n Na= R = a o05< =d w3o w oFQ 3a aio a3a I 1 I I I S! i 1i€ 1 l 2i - z 2 ~ t 0 ¢ t H 1 H ft 2i W Z H I1I ; a > g" W z ¢O V w Z i ` o- 11 a I~ I~ LAI W( Y i - > H ` Z ~ ~ _LL O C W ~I - E ' C- n ( S - JLL 1 1~ X J i i 1 - - d - M O L1 - S W W Ell i it aV g` z will fdj - ~d ; S ! - I e-5 ~ ~ IL o-_ ;F _ ~ , i q -I. s Z o- it L ~'r { Y.Y. I ~5~ o--~ -_•E,t `r ' O'_ ~ ~ ' ~ i I E i 'IE = _ IN E 11 E- ad ad W a~ g m ~ I 3 «6 1e ao Agenda Memo February 17, 2004 B. SILVER BELL ROAD (PIN 10-01900-011-02) RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: 1) Approve the vacation of public right-of-way on Parcel No. 10-01900-011-02 and authorize the Mayor and City Clerk to execute all related documents; OR 2) Deny the requested vacation. FACTS: • On January 14, 2004, City staff received a letter from Thomas E. Reilly, President of B.J. Mulcahy Company, Inc., requesting the vacation of the existing public right-of- way for Silver Bell Road on Parcel No. 10-01900-011-02, northwest of the intersection of Trunk Highway (TH) 13 and Silver Bell Road. B.J. Mulcahy Company is the fee owner of the parcel. • Silver Bell Road was realigned in 1973 as a result of the construction of the existing TH 13 alignment and this portion no longer exists as a public roadway in this location. • The purpose of the request is to have the right-of-way become a developable portion of Parcel No. 10-01900-011-02. Mr. Reilly has expressed concern about the potential creation of a narrow strip (33') of undevelopable land along the northern edge of the B.J. Mulcahy property. The vacation of this right-of-way would allow this land to be developed as part of any future plat of this unplatted property by avoiding an underlying recorded dedication. • The request would vacate the portion of the existing right-of-way where it no longer provides access to a public roadway. The right-of-way is not necessary for public road or easement purposes. • An adequate replacement drainage and utility easement will be dedicated as a condition of the right-of-way vacation for the existing public sanitary sewer. • Notices have been published in the legal newspaper and sent to all potentially affected and/or interested parties for comment and informing them of this public hearing. No objections have been received to date. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action upon the exception of the associated easement. ISSUES: • The requested vacation is located within the Cedar Grove Redevelopment Area. The parcel of land that would acquire the vacated right-of-way is currently undeveloped. It is desirable to have this parcel developed as part of the current efforts by the City Council. The addition of the vacated right-of-way would make this parcel more potentially developable, however if the City desires to acquire this parcel it would be preferable to maintain the ownership of the public right-of-way. ATTACHMENTS: • Legal Description, graphic, pages . • Location Map, page. S'7 i Feb. 10, 2004 Proposed Silver Bell Right-of Way Vacation The north 33.00 feet of the NE'/a of section 19, Township 27, Range 23 lying west of the following described line; beginning at the southeasterly corner of Lot 1, Block 1, Dallas Development 1" Addition, thence along an assumed bearing of South 53 degrees 28 minutes 09 seconds West a distance of 55.37 feet and there terminating; and lying east of a line described as a 326.48' radius curve concave to the northwest from Point B25 to point B27 as per Minnesota Department of Transportation plat 19-8, Dakota County. Excepting; The City will retain drainage and utility rights over that part of the proposed right-of -way vacation described as follows: That part of the proposed vacation lying 30.00 feet east of the following described line, Beginning at the southwest corner of Lot 1, Block 1, Dallas Development I" Addition, thence South 0 degrees 05 minutes 12 seconds West a distance of 33.00 feet and there terminating. 5E? Z~\ i i i Ta ~a, ems' ; i i "/fir/ ~ AZ l W C~ ~ M 11A / p1pp0. NO, _ZZ Q~oQ ~ \ I`~ 6 ZOpp' ~aP 1 Gammon, goad g0 A~~ OZ 6e~ 0~ 0 5ea5``J Pa~Ge\ gyp. Joy ~ G' GtM of~ale Agenda Information Memo February 17, 2004, Eagan City Council Meeting V. OLD BUSINESS A. PRELIMINARY SUBDVISION (LONG ACRES) REZONING - MANLEY LAND DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve (OR direct findings of denial) a Rezoning of 29.62 acres located east and west of Gun Club Road and north of 120th Street from Agriculture to R-1, Single Family Residential in the SE t/4 of Section 36; subject to the conditions listed in the December 18, 2003 Advisory Planning Commission minutes To approve (OR direct findings for denial) a Preliminary Subdivision (Long Acres) to create 51 single family residential lots upon 29.62 acres located east and west of Gun Club Road, north of 120th Street in the SE %4 of Section 36; subject to the conditions in the December 18, 2003 Advisory Planning Commission minutes. To approve (OR direct finding for denial) the Wetland Replacement Plan associated with Long Acres development. REQUIRED VOTE FOR APPROVAL • Majority of Quorum • Items in Bold represent new information FACTS: • At the January 20, 2004 City Council meeting Manley agreed to continue to the February 18, 2004 meeting in order to provide staff with more information on wetland and drainage impacts. • Wetlands are present on the southwest portion of the proposed development. Any plan to drain, fill, or excavate these wetlands needs to comply with the provisions of state wetland conservation programs. Under such state requirements, no more than 400 square feet of wetland impact is allowed without a City-approved wetland replacement and monitoring plan. • On January 15, 2004, the City received a complete wetland replacement and monitoring plan application from the developer. In accordance with state rules, the City publicly noticed the application on January 22, 2004. The required public comment period ended February 13, 2004. • The developer proposes to impact small portions of both wetlands by filling. One wetland would receive 2,828 square feet of fill, and the other wetland would receive 1,180 square feet of fill. &D • In accordance with state requirements, the developer proposes to replace the 4,018 square feet of wetland fill by creating at least 4,018 square feet of new wetland area and at least 4,018 square feet of "public value credits" (stormwater treatment, protected buffers, etc.). • The western portion of the proposed development boarders the West End Hunting and Fishing Gun Club. • The 51 lots proposed range from 12,070 sq. ft. to 63,920 sq. ft. in gross area. Many of the larger lots contain some ponding easements and wetlands. All lots comply with R-1 standards. • The developer proposes to construct a temporary sewer lift station at Biscayne Avenue to accommodate the development's sanitary sewer needs. • A traffic study was performed by SEH consultants and suggest that the extension of 120th Street is not necessary to accommodate the Long Acres development. Also, the operation and level of service of the existing roadways in the area, including the intersections of Highway 3/ Red Pine Lane and Weston Hills Drive/ Cliff Road, will not be adversely impacted by this development. • The development as proposed will result in the removal of six-hundred twenty-one (621) significant trees (70.8 % of the total). Tree mitigation is required • The Advisory Parks and Recreation Commission continued this item from the December 15th meeting to the January 15th meeting to discuss wetland issues, on January 15th they recommended approval. • The Advisory Planning Commission held a public hearing on December 18, 2003, and are recommending approval; subject to the conditions in the APC minutes. ISSUES: • With approval of the subdivision to the east (Pinetree Forest) the phrevious City Council stated no further development occur in the area until 1201 Street had been improved and extended to Highway 3. • The Agency Action deadline was extended to March 18, 2004 at the January 20, 2004 City Council meeting, further extension would require the applicant to sign a waiver. 60 DAY AGENCY ACTION DEADLINE • March 18, 2004 waiver signed ATTACHMENTS (2): Planning Staff report on page through Planning Commission minutes on page'49 through (01 i PLANNING REPORT CITY OF EAGAN REPORT DATE: December 11, 2003 CASE: 36-RZ-14-09-03 36-PS-17-09-03 APPLICANT: Manley Land Development HEARING DATE: December 18, 2003 PROPERTY OWNER: Manley Land Devel. APPLICATION DATE: October 1, 2003 REQUEST: Rezoning/Preliminary Subdivision PREPARED BY: Pam Dudziak Sheila Cartney LOCATION: East and West of Gun Club Road, north of 120th Street COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agriculture SUMMARY OF REQUEST Manley Land Development is requesting approval of a Rezoning from A, Agriculture, to R-1, Single-family residential, and a Preliminary Subdivision to create 51 lots upon 29.62 acres located east and west of Gun Club Road, north of 120th Street in the SE 1/4 of Section 36. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the Council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. tpc'~ Planning Report - Long Acres November 5, 2003 Page 2 Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 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 i Planning Report - Long Acres November 5, 2003 Page 3 information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The eastern portion of the site was platted in 1997, Lot 12, and 13, Block 1, Pinetree Forest Addition. In 1997 a Subdivision was approved for 54 single family lots and a rezoning from Agriculture to R-1 on 20 acres east of the subject site. The eastern portion of the subject site was platted as Lot 13, Block 1, Pinetree Forest Addition, but was not rezoned to R- 1. The western portion of the subject site is unplatted. In addition to approving the Pinetree Forest Subdivision the City Council stated no further development occur in the area until 120`h Street had been approved and extended to Highway 3. EXISTING CONDITIONS The proposed subdivision and rezoning is for two platted parcels and two unplatted parcels. All four parcels are accessed from Gun Club Road. Wetlands are present on Lot 13, Block 1, Pinetree Addition. A wetland is present on southwest portion of the proposed developed on an unplatted portion of the proposal. Overall the entire site is heavily wooded. An existing single family home is located on Lot 13, Block 1, Pinetree Addition and several accessory structures which were constructed in 1950. The western portion of the site which is unplatted has a single family home on the north end which was constructed in 1993. The eastern portion of the development abuts single family uses and the western half abuts the West End Hunting and Fishing Club. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single Family R-1, Single Family LD, Low Density Resid. Residential; Red Pine Resid. QP, Quasi-Public Elementary School; light PF, Public Facilities IND, Limited Industrial industrial I-1, Limited Industrial RC, Retail Commercial NB, Neighborhood Commercial South (Rosemount) W Planning Report - Long Acres November 5, 2003 Page 4 East Single Family R-l, Single Family LD, Low Density Residential Residential West West End Gun Club P, Park P, Park EVALUATION OF REQUEST Compatibility with Surrounding iArea - The proposed single-family use is consistent with the City's Comprehensive Land Use Guide Plan which designates the site for Low Density residential development. A variety of uses exist to the north - residential, school, and industrial. To the east is a single- family development. To the south is rural residential in Rosemount, and to the west is the West End Hunting and Fishing Gun Club. The gun club and industrial uses have existed for several decades. Staff has some concerns with additional single family homes abutting the Gun Club. The noise from the Gun Club could be considered a nuisance to the neighbors and may be perceived as some what of a safety concern. Some type of a buffer i.e. extended building setback or fencing may hinder the possible effects of the Gun Club. Since the 1980's, this area has been developing from large lot rural residential to low density single-family residential subdivisions. The elementary school was constructed in 1995. In 2002, the City reviewed the land use and zoning designations for the existing businesses along Biscayne Avenue. The result was to continue the industrial use designations on some of those properties, and designate others for retail commercial use. In 2001, with the city-wide update of the Comprehensive Guide Plan, the City considered the existing uses in determining the land use designations in the area. While existing uses were accommodated into the future with the Park designation for the gun club, and industrial and commercial designations for the businesses along Biscayne Avenue, the Low Density land use designation for other surrounding rural or vacant parcels was affirmed. Airport Noise Considerations - The property lies outside the airport noise policy zones. Densi - The proposed development of 51 lots on 27.32 acres (excludes Outlot A) has a gross density of 1.9 units per acre. The net density of 51 lots on 22.78 acres (excludes Outlot A and right-of-way) is 2.2 units per acre. Lots - The 51 lots proposed range from 12,070 sq. ft. to 63,920 sq. ft. in gross area. The average lot size is 19,460 sq. ft. Many of the larger lots contain some ponding easements and wetlands. The net lot areas range from 12,070 to 35,095 sq. ft. All the lots comply with the minimum 12,000 square feet required in an R-1 zone. All of the lots satisfy the minimum 50 feet of frontage on the Public Street, and 85 feet of width at the front building setback line. WJ Planning Report - Long Acres November 5, 2003 Page 5 Setbacks - The R-1 zoning district requires a minimum structure setback of 30-feet from public rights-of-way, 10 feet from side lot lines (5 feet for garages) and 15 feet from rear lot lines (5 feet for garages). In addition, no structures may be placed within easement areas. Development on each lot will be subject to the standard 20% maximum building area coverage for R-1 zoning. Gradin - The preliminary grading plan is acceptable with modifications. The site generally slopes to the middle and northwest portion of the property, with elevations ranging from 980 to 928. 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 codified land disturbance and erosion control regulations. Storm Drainage- The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain via public storm sewer to new storm water basin and then to Pond LP-23 (as designated in the City Storm Water Management Plan - 1990), an existing pond wetland within the area. The City's Storm Water Management Plan calls for a trunk storm sewer outlet pipe to be constructed from Pond LP-23 to Pond LP-22 (Marsh Lake) within Lebanon Hills Regional Park. This pipe outlet is necessary to maintain and control water levels within Pond LP-23. A public improvement project providing for this outlet pipe should be approved by the City Council before final subdivision approval for this development. With the planned outlet from LP-23, this development will drain to Lebanon Hills Regional Park. The Park has experienced several significant flooding events in recent years. Due to this flooding, the Dakota County Parks Department has encouraged the City Council (August 13, 2002 Special Council meeting) and staff to consider the application of "Low Impact Development" standards on all new developments within the Park watershed, to help reduce the volume of storm water runoff entering the Park. Low impact development options exist to reduce storm water runoff from a development area, including rain gardens, infiltration basins, and grassy swales. City codes or policies currently do not exist regarding low impact development standards. City staff requests discussion and direction from City officials regarding this issue. Erosion Control - This development is subject to the City of Eagan Land Disturbance and Erosion Control Regulations (Sec. 4.32, City Code), which require proper installation and effective maintenance of erosion control practices to prevent and minimize soil loss and impacts to down-gradient resources and water quality. Utilities - The preliminary utility plan is acceptable. Water main of sufficient size and capacity is available for connection within Biscayne Avenue at the north edge of this property. The developer should be responsible for the connection to existing water main at the intersection of Pine Lane and 120`'' Street, as shown on the preliminary utility plan. W Planning Report - Long Acres November 5, 2003 Page 6 Sanitary sewer of sufficient size and capacity is also available at existing Biscayne Avenue. However, the sewer pipe is not at an elevation to serve the entire development by gravity flow. A sanitary sewer of sufficient depth to serve this area with gravity sewer exists at the intersection of Red Pine Lane and Highway 3, approximately 1,000 feet north of this development. This sewer will be extended south toward the development in the future, either as part of development of the property between this development and the sewer (Parcel 012-81) or by public improvement petition from an interested property owner. The developer proposes to construct a temporary sewer lift station at Biscayne Avenue to accommodate the development's sanitary sewer needs. Due to the uncertain nature of the future extension of the gravity sanitary sewer, the proposed lift station should be constructed to City Engineering and Public Works department standards for a permanent lift station. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation- In 1997, the City Council approved single-family a subdivision to the east of this site, Pine Tree Forest. With the approval, the City Council directed that no additional development should occur in the area near Pine Tree Forest until 120th Street on the Rosemount border was improved and extended to Highway 3. Lots 1 and 2, Block 1 are proposed to take driveway access from the current alignment of Gun Glub Road, which is a rural section gravel roadway. The developer should be responsible for upgrading the portion of Gun Club Road adjacent to Lots 1 and 2, Block 2 to an urban section street, in accordance with City engineering standards. The developer commissioned one of the City's consulting engineers, SEH, Inc. to perform a traffic study for the area to determine the need for the extension of 120th Street to Highway 3. Four scenarios and their traffic impacts were investigated with the study. 1. Existing roadway network with the proposed Long Acres development 2. Existing roadway network with future development in Eagan (full development) Rosemount and Inver Grove Heights 3. Existing roadway network with the proposed Long Acres development and the extension of 120th to Highway 3 4. Existing roadway network with future development in Eagan (full development) Rosemount and Inver Grove Heights, along with the extension of 120th to Highway 3. In summary, the results of the study suggest that the extension of 120th Street is not necessary to accommodate the Long Acres development. Also, the operation and level of service of the existing roadways in the area, including the intersections of Highway 3/ Red Pine Lane and Weston Hills Drive/ Cliff Road, will not be adversely impacted by this development. Planning Report - Long Acres November 5, 2003 Page 7 The existing Spruce Street stub will be extended west to intersect with Biscayne Avenue with this development. The preliminary site plan shows driveway access from Biscayne Avenue. Because Biscayne Avenue is a higher volume collector street than Spruce Street, driveway access for Lot 8, Block 3 should be from Spruce Street. The developer should also be responsible for removing the street section and restoring the area of the existing Spruce Street temporary cul-de- sac. Easements/ Permits/ Right-of-Wa- The developer should be responsible for obtaining the street right-of-way (and temporary easement) along the entire length of Parcel 012-81 necessary to upgrade Biscayne Avenue to City street standards. This development should dedicate a minimum of 40 feet of right-of-way along the south edge of the plat for possible future upgrade of 120th Street. This development should dedicate adequate drainage & utility easement over the proposed sanitary sewer lift station on Lot 1, Block 2. Water Quality - This 30-acre development would be located in the City's LP 1-watershed, which is in the southeast corner of Eagan and which is associated with Lebanon Hills Regional Park. The developer proposes to meet the City's water quality requirement to treat stormwater on site by directing runoff to two constructed ponds. Minimum requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). With a total impervious fraction of 36.5 percent, which is relatively high for this kind of development, a minimum wet-pond volume of 1.8 acre-feet covering a minimum area of 0.6 acres would be needed to treat the stormwater generated by this development. The developer proposes to create one pond each to treat stormwater from a sub-drainage area within the development. Pond 1 (minimum 1.0 acre-feet of treatment volume) would collect runoff from 11.6 acres and Pond 2 (minimum 0.8 acre-feet of treatment volume) would collect runoff from 9.0 acres. Both ponds would need to meet City Engineering standards including a 10:1 aquatic safety bench at normal water level, a maximum depth of 6 feet, and an acceptable outlet or overflow structure. The remaining approximately 9.5 acres of the site is comprised of two sub-drainage areas, each of which contains a wetland. A historical stormwater pond is located in the most easterly aspect of the site's drainage area. Wetlands - Both wetlands, one in the middle of the site (Wetland "A") and one at the western edge of the parcel (Wetland `B"), are Type 3 wetlands under the classification system of the U.S. Fish and Wildlife Service. Wetland "A" spans approximately 0.5 acres and Wetland "B" covers about 1.4 acres. Type 3 wetlands are inland shallow fresh marshes that are permanently inundated with six or more inches of water during the growing season. Vegetation includes grasses, bulrushes, and various other marsh plants such as cattails, arrowheads, and smartweeds. Planning Report - Long Acres November 5, 2003 Page 8 Wetland "A" is under the jurisdiction of the Wetland Conservation Act of Minnesota (WCA), which is administered locally by the City. A portion of Wetland "B" is under jurisdiction of the Public Waters Work Permit Program of the Minnesota Department of Natural Resources because it is classified as a public water wetland (#19-0309W). Any proposals to drain, fill, or excavate these wetlands need to comply with the provisions of these authorities. The developer proposes to impact both wetlands by filling. Wetland "A" would receive 2,297 square feet of fill. Wetland "B" would receive 1,073 square feet of fill. Under WCA provisions, this development is allowed a maximum wetland impact of 400 square feet. Any proposal with more wetland impacts than that must submit a wetland replacement and monitoring plan application, for City consideration, in accordance with state law. Wetland replacement is based on a 2:1 ratio and replacement acres need to be annually monitored for up to five years to ensure they are functional and stable. As of the preparation of this report, the developer has not submitted a formal wetland replacement and monitoring plan application to the City. However, a "preliminary wetland mitigation plan" sheet of the subdivision submission indicates the following: The developer proposes to replace 3,370 square feet of wetland fill by creating 7,328 square feet of wetland (a minimum replacement is 6,470 square feet). The developer proposes to create 1,581 square feet of new wetland along the northeastern edge of Wetland "A" and 5,747 square feet of new wetland between the two lobes of Wetland "A." Tree Preservation - A tree inventory has been prepared by Pioneer Engineering and submitted with this application. The inventory accurately identified the size and species of all "significant trees" (as defined by the City of Eagan Tree Preservation Ordinance), as well as the location of same trees. The submitted inventory indicates that there are eight hundred seventy-seven (877) significant trees in the inventory. The majority of the trees (722; 82% of total) are conifers (pine and spruce). The balance of the tree inventory is comprised of green ash, silver maple, birch, walnut, mountain ash, oak, maple, locust, black cherry, and willow trees averaging 10" in diameter. The development as proposed will result in the removal of six-hundred twenty-one (621) significant trees (70.8 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple- lot, residential) is set at 40.0% of the total significant trees. With a proposed removal greater than the allowable amount, there is required tree mitigation for this proposal. Required tree mitigation calculates to seven-hundred forty-eight (748) category B trees, or an equivalent combination of Category A or Category C trees. The applicant has proposed to fulfill tree mitigation. requirements through the installation of 504 Category B trees to be installed on site, with the balance of 244 Category B trees to be installed off site. Comparison/Contrast to Adjacent Development ~q Planning Report - Long Acres November 5, 2003 Page 9 Commission and Council members may remember the Pine Tree Forest development, which is located directly east of this site, which came before the commission during 1997. The Pine Tree Forest site was, at the time of development application, an active tree farm, with the majority of existing trees planted in rows with trees of the 10'-20' height size, being tree spaded out on a somewhat regular basis. Many (951) of the existing 3,055 trees, were at that time (1997) conifer trees taller than 24 feet and too large for tree spading. Therefore, the site could be most accurately be described as an over mature tree farm, actually converting itself into a mature tree woodland. In comparison to the Pine Tree Forest site, part of the Long Acres site was also planted and did perform as a tree farm; however large volumes of trees have not been commercially moved off this site for quite some time. In contrast to the Pine Tree Forest site, the Long Acre site is now about 75% open grassland or wetland. The existing tree resource on the site is comprised of mostly coniferous (evergreen) trees located around existing houses and structures in the extreme north end of the site and in the south portion of the site. These trees average about 50' in height and have grown too large for tree spading operations. Also in contrast, the Long Acre site has much more tree species diversity than did the Pine Tree Forest site. A tree inventory performed in 1996 for the Pine Tree Forest site indicated there were 6 coniferous species and 5 deciduous tree species on site. A detailed tree inventory of the Long Acre site indicates that there are currently 13 coniferous species on site (Jack Pine, Red Pine, Scotch Pine, White Pine, Austrian Pine, Norway Spruce, Blue Spruce, White Spruce, White Fir, Douglas Fir, Balsam Fir, Tamarack, and White Cedar), and 16 deciduous species growing on site (Elm, Willow, Red Maple, Silver Maple, Mountain Ash, Green Ash, Birch, Black Walnut, Basswood, Apple, Cottonwood, Bur Oak, Red Oak, Black Cherry, Locust, and Linden). Because the Pine Tree Forest site had much more of a "tree farm" plant community, the applicant was required to mitigate tree removal in excess of allowable limits on a 1:1 basis. Many of the trees were transplanted from the site to Hidden Comer Park. In contrast, because the Long Acre site is currently comprised of much less of a "tree farm" plant community, staff is recommending, and the applicant has agreed to fulfill required tree mitigation per standard Tree Preservation Ordinance schedule. Tree Preservation Efforts Staff has had several meetings with the applicant (Manley Brothers Construction) and with the applicants engineer firm (Pioneer Engineering) to discuss proposed tree removal versus potential tree preservation. At those meetings, staff has emphasized that Eagan's Tree Preservation Ordinance places high priority on the preservation of existing trees and woodlands, and also a high priority on the orderly development of wooded areas to minimize tree and habitat loss. Staff also explained to the applicant that the Tree Preservation Ordinance allows for an exception to allowable tree removal limits when "practical difficulties or practical hardships result from strict compliance with the provisions" of the ordinance. With this in mind staff has made several recommendations to the applicant to reduce overall tree removal. The applicant has made revisions to the original site plan, reducing the proposed tree 7b Planning Report - Long Acres November 5, 2003 Page 10 removal from 87% to 71%. Staff will continue to work with the applicant during development to identify additional opportunities as they become apparent. Parks and Recreation Trails The Long Acres development is immediately adjacent to Hidden Corner Park which adjoins Red Pine Elementary School. The park space includes two infields that are used for scheduled games during the summer and by the school for educational and recreational activities, in addition to open space for the surrounding neighborhoods. A large playground structure is located on the school grounds. Residents to the east and south currently access the park and school grounds via a connector trail installed as part of a previous development. At the request of staff, the Developer is proposing to construct an eight foot wide bituminous connector trail within a fifteen foot "drainage and utility easement" located between lots seven and eight, on the northerly end of the development, extending to the park boundary. The trail will allow residents coming from the south direct access to the park and school grounds, negating the need to walk or bike a considerable distance to the other access points. Though labeled as a "drainage and utility easement" no infrastructure other than the trail is proposed for installation within the corridor. Because of the very short length of the trail and its function as primarily a pedestrian access, an eight foot section will be adequate. Because the trail is be constructed within an easement there is no land credit given. The value of the trail construction will be credited towards the standard cash trail dedication, any balance of which would be paid in cash. Parks The property adjacent to the park has limited aesthetic and natural value. In combination, the existing park space and school grounds meet the open and play space needs of the area thus the development shall be responsible for a cash park dedication. SUMMARY/CONCLUSION In summary, Manley Land Development is requesting approval of a Rezoning from A, Agriculture, to R-1, Single-family residential, and a Preliminary Subdivision to create 51 lots and one outlot upon 29.6 acres located east and west of Gun Club Road north of 120th Street. The proposed rezoning appears consistent with the Comprehensive Land Use Guide Plan and with surrounding development. The development will be subject to standard zoning requirements for the R-1 zoning district. Utilities are available to the site, the developer is responsible for the connection of existing water main at the intersection of Pine Lane and 120th Street. The applicant proposes a temporary lift station to accommodate sewer needs, the proposed station should be constructed to permanent standards. `71 Planning Report - Long Acres November 5, 2003 Page 11 The applicant contracted with SEH consulting firm to perform a traffic study for the area to determine the need for the extension of 120th Street to Highway 3. The study suggests that the extension of 120th Street is not necessary to accommodate the Long Acres development. Also, the operation level of service of the roadway network in the area, will not be adversely impacted by this development. The developer proposes to meet the City's water quality requirement to treat stormwater on site by directing runoff to two constructed ponds. Both wetlands on site are a type three wetland. The developer proposes to impact both wetlands, the impact requires a wetland replacement plan that has not yet been submitted. There are 877 significant trees on-site, the development as proposed will result in the removal of 621 of these trees (70.8%). Allowable removal for this site is 40 percent. A tree mitigation plan is required. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from A, Agriculture, to R-1, Single-family residential, for 29.6 acres located east and west of Gun Club Road north of 120th Street, in the SE'/4 of Section 36. To recommend approval of a Preliminary Subdivision to create 51 lots and one outlot upon 29.62 acres located east and west of Gun Club Road, North of 120th Street in the SE %4 of Section 36. 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, B 1, B2, B3, B4, C1, C2, C3, D1, and El 2. The property shall be platted. 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 5. A public improvement project providing for an outlet pipe between LP-23 and LP-22 (Marsh Lake in Lebanon Hills Regional Park) shall be approved by the City Council before final subdivision approval for this development. 6. The developer shall be responsible for the connection to existing water main at the intersection of Pine Lane and 120th Street, as shown on the preliminary utility plan. r7c~ Planning Report - Long Acres November 5, 2003 Page 12 7. The proposed sanitary sewer lift station shall be constructed to City Engineering and Public Works department standards for a permanent lift station. 8. The developer shall be responsible for obtaining the street right-of-way (and temporary easement) along the entire length of Parcel 012-81 necessary to upgrade Biscayne Avenue to City street standards. The easement shall be in a form acceptable to the City Attorney. 9. This development shall dedicate a minimum of 40 feet of right-of-way along the south edge of the plat for possible future upgrade of 120th Street. 10. The developer shall be responsible for removing the street section and restoring the area of the existing Spruce Street temporary cul-de-sac. 11. The development shall meet the City's water quality requirements primarily by creating a minimum stormwater treatment capacity of 1.8 acre-feet covering a minimum area of 0.6 acres. Stormwater treatment ponds should be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench from the normal water level, and an outlet structures according to City design standards. 12. A formal wetland replacement and monitoring plan application must be submitted to the City for separate action by the City Council. 13. A minimum 30-foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland should be maintained before, during, and after construction. 14. The applicant shall fulfill required tree preservation mitigation through the installation of seven-hundred forty-eight (748) category B trees, of which five-hundred four (504) category B trees are to be installed on site, and through the installation of two-hundred forty-four (244) category B trees (or an equivalent combination of category A and/or category C trees) to be installed off-site. Staff will work with the applicant to determine exact location of off-site trees including trees at city park properties. 15. The applicant shall continue to work with city staff to identify additional opportunities for preservation during development. 16. 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. 17. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Planning Report - Long Acres November 5, 2003 Page 13 18. The development shall be responsible for a cash park dedication. 19. The developer shall construct an 8' wide bituminous trail to City standards within the 15' "drainage and utility easement" located between lots 7 and 8, extending from the curb to the north property line. Said trail shall be installed prior the construction of homes on lots 7 and 8. The construction value of the trail shall be credited to the trail dedication for the development. Any balance due shall be a cash dedication. The trail easement shall be in a form approved by the City Attorney. 20. The developer shall be responsible for upgrading the portion of Gun Club Road adjacent to Lots 1 and 2, Block 2 to an urban section street, in accordance with City engineering standards. 21. This development shall dedicate adequate drainage & utility easement over the proposed sanitary sewer lift station on Lot 1, Block 2. -7q STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. -7G- 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANDARD.CON -VP FINANCIAL OBLIGATION-Long Acres- Preliminary Subdivision There are pay-off balances of special assessments totaling $-0-on the parcels proposed for subdivision. The ,)ay-off balance will be allocated to the lots created by the subdivision. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk S.F. $975/Lot 52 Lots $50,700 Water Trunk S.F. 1,015/Lot 52 Lots 52,780 Storm Sewer Trunk S.F. .0925/Sq. Ft 800,000 Sq Ft 74,000 Total $177,480 2003 rates are used to compute this financial obligation. The actual obligation will depend on the year in which the final subdivision is approved. NARRATIVE FOR THE PROPOSED LONG ACRES DEVELOPMENT The proposed development by Manley Land Development is currently guide planned LD- Low Density residential. The existing zoning is A (agricultural) with a proposed zoning of R-1 (single-family residential). The timing of the entire proposed development is immediately upon city approvals. There are several existing land uses on the surrounding properties. The areas to the east and northeast are Low Density R-1 single family developments. There is an elementary school to the north and Neighborhood Business and Limited Industrial properties to the northwest. Adjacent to the west are the West End Gun Club which is currently zoned Park and existing rural residential lots which are currently zoned Agricultural. To the south is the city of Rosemount and there is farmland (currently zoned Agricultural) and large rural residential lots. The impact the rezoning will have on the surrounding property will be minimal. There is already existing residential to the east and north. There will be a secondary access created to get the proposed development and some of the people in the existing Pine Tree development out to Highway 3 via Biscayne to Red Pine. Eventually, 120 lb Street will be constructed giving the residential areas north and south of 120`h Street a primary route to Highway 3. Water and sanitary sewer are available to the development. However, a sanitary sewer lift station will be needed temporarily for the proposed development. Storm water will be treated on site through the use of infiltration basins. Utility design and storm water treatment will meet all city of Eagan engineering standards. The proposed development will have some impact on the roads in the area. There are 51 proposed lots which will create about 510 total trips per day in and out of the proposed development. This is not a significant increase in traffic for that area. Since there will be a secondary access in and out of the area via Biscayne, this should alleviate concern for the residents to the east and northeast about increased traffic through their neighborhoods. The portion of the existing Gun Club Road that runs north-south will be improved. Tree removal on the proposed site exceeds the 40% threshold. The reason for the high number of trees being removed is because of the topography of the land. This piece of land slopes downward toward the wetlands from the north, south and east which creates a basin effect. The entire site must be graded in order to handle storm water properly. Every effort will be made to preserve the trees that we can along the perimeter and relocate any existing trees that we can. We will be mitigating very heavily with new trees on site. `O Eagan Boundary Location Map street Centwilne Parcel Area Area I Building Footprint .49 b pis © •3 v n, A i V r, ( \~~1' 0.9A h -at irr Rafts! rte,--- ~ a a3 ~ ! I~y~ ; .I s Q ® d I ce. 0 ® ~ c7 sy I ~ r~ ~q to ;T-_ m eam W Y - LLI e1 I I f i ii r 1 T-1 ~e ~ • v~ q ~ s`M1 ~ : ~s 1 a ~ - !6 1 . 3 us ® » Subject I = Site 7 `7 1000 0 1000 2000 feet Development/Developer. Long Acres Application: Rezoning and Preliminary Subdivision Case No.: 36-RZ-14-09-03 and 36-PS-17-09.03 Map Prepared using ERSI ArcView 3.1. Parcel base nup data provided N / I by Dakota County Office or GIS and is current as of June 2003. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E city of e~g~n The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Coimnuriry Development Deperlrrent not responsible for error or omissions. I I : ~D f G♦ * 3a~ I •a i~ 1 . i.f 'i fi rrt !ii =s= JFf ! I 1 X C E P T I O N look i ~ Z molt IDIOM- -j I N ( 111, ! 1 IN, Y 21 cr) i o ; I + ,~Iity0 m 1 1 % r / I z H Z h D a rn 4 N ~ ~ 21 i t fs Y p pp Y a ~~s•;i'~~ 1 ~ ~ Q~'i 5! ~ i-Ieyii'>C=jj -!'S' g ~jj°_jj4559ji°eo lSj: x _ ~ S ° r W S ! _'ea A 5jl! 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QNd113M f :l.'.:.:': ' . ••~:S'. r:::.1 '~C I f C Lij a ; _ QNV V !L 't'om'' a u~::u iwn°w u a .•id!::. '•:i: :IY'' •I 1. :T :'1':. wsn _ a a - :yer 17. • 1....,; y~ ; ^..ia .e• • e.• .r• ••i..•.•_ qtr:. 157:' :jr!Y.r:.• 1..•!O.•: 1 ':•M.•: .•:!Q':': r :':M::: :':Y•: :'1'.1~',.•5~: 1':': ';f :.}•r,, ~7i 4 .1:'J:!4.L'. f.+t;i .••:•R'''?': :tf'W'L':,i •::ltb'p:•: l.;{ L 1:: 1.:~ • ~r r r... lJ ~ •J•} 1: :''`••r:~:•:''•~~ f::~:•. .Iii':: fe ray c•l P-1. :c ti O~ rl .C _ ■Z tB A i 83 - fit`: City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 6 C. REZONING & PRELIMINARY SUBDIVISION - MANLEY LAND DEVELOPMENT. Planner Cartney introduced this item and highlighted the information presented in the City Staff Report dated December 11, 2003. She noted the background and history of the subject property for the action to be taken by the Planning Commission. The applicant's representative, Frank Blundetto, was present on behalf of his client and indicated he was prepared to respond to any questions. Chair Heyl opened the public hearing and the following individuals provided comment: 1. Steve Sandberg and a representative from the Westend Gun Club spoke in favor of the proposal. He expressed concern that future buyers of the residential homes should be informed that the Gun Club exists and that it has no intention to move from its current location. 2. Resident Ian Benson spoke and expressed concern about access from the property. 3. Carol Friend commented about density and wetland/watershed issues. 4. Resident Jim Burns commented concerning the density and tree loss. There being no further comment, Chair Heyl closed the public hearing and turned the discussion back to the Planning Commission. Chair Heyl requested the Staff to respond to each of the questions raised by the residents. City Planner Ridley and Planner Cartney commented that the access appears sufficient, that the density was within the R-1 standards and that the watershed and wetland requirements will be satisfied. City Attorney Bauer commented that the City cannot require the developer to notify prospective purchasers of the existence of the Gun Club in any purchase agreement. Member Gladhill commented about the concerns raised by Dakota County in regards to the potential flooding of its neighboring park. The applicant's engineer, Paul Thomas, provided a summary of the efforts undertaken by the applicant to have a "low impact" development that would minimize flooding of the neighboring park. .n r- City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 7 Chair Heyl commented that this issue had been presented before and that the City has yet to take action to modify its ordinances to require more strict development standards. Member Gladhill moved, Member Bendt seconded a motion to recommend approval of a rezoning from A, Agriculture, to R-1, Single-family residential, for 29.6 acres located east and west of Gun Club Road north of 120th Street, in the SE'/4 of Section 36 All voted in favor. Motion carried 5-0. Member Gladhill moved, Member Leeder seconded a motion to recommend approval of a preliminary subdivision to create 51 lots and one outlot upon 29.62 acres located east and west of Gun Club Road, North of 120th Street in the SE of Section 36, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Ri is-of-Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. SL City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 8 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 2. The property shall be platted. 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 5. A public improvement project providing for an outlet pipe between LP-23 and LP-22 (Marsh Lake in Lebanon Hills Regional Park) shall be approved by the City Council before final subdivision approval for this development. ~1 City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 9 6. The developer shall be responsible for the connection to existing water main at the intersection of Pine Lane and 120th Street, as shown on the preliminary utility plan. 7. The proposed sanitary sewer lift station shall be constructed to City Engineering and Public Works department standards for a permanent lift station. 8. The developer shall be responsible for obtaining the street right-of-way (and temporary easement) along the entire length of Parcel 012-81 necessary to upgrade Biscayne Avenue to City street standards. The easement shall be in a form acceptable to the City Attorney. 9. This development shall dedicate a minimum of 40 feet of right-of-way along the south edge of the plat for possible future upgrade of 120th Street. 10. The developer shall be responsible for removing the street section and restoring the area of the existing Spruce Street temporary cul-de-sac. 11. The development shall meet the City's water quality requirements primarily by creating a minimum stormwater treatment capacity of 1.8 acre-feet covering a minimum area of 0.6 acres. Stormwater treatment ponds should be constructed according to N W standards with a maximum depth of 6 feet, a 10:1 aquatic bench from the normal water level, and an outlet structures according to City design standards. 12. A formal wetland replacement and monitoring plan application must be submitted to the City for separate action by the City Council. 13. A minimum 30-foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland should be maintained before, during, and after construction. 14. The applicant shall fulfill required tree preservation mitigation through the installation of seven-hundred forty-eight (748) category B trees, of which five- hundred four (504) category B trees are to be installed on site, and through the installation of two-hundred forty-four (244) category B trees (or an equivalent combination of category A and/or category C trees) to be installed off-site. Staff will work with the applicant to determine exact location of off-site trees including trees at city park properties. 15. The applicant shall continue to work with city staff to identify additional opportunities for preservation during development. 00 City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 10 16. 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. 17. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 18. The development shall be responsible for a cash park dedication. 19. The developer shall construct an 8' wide bituminous trail to City standards within the 15' "drainage and utility easement" located between lots 7 and 8, extending from the curb to the north property line. Said trail shall be installed prior the construction of homes on lots 7 and 8. The construction value of the trail shall be credited to the trail dedication for the development. Any balance due shall be a cash dedication. The trail easement shall be in a form approved by the City Attorney. 20. The developer shall be responsible for upgrading the portion of Gun Club Road adjacent to Lots 1 and 2, Block 2 to an urban section street, in accordance with City engineering standards. 21. This development shall dedicate adequate drainage & utility easement over the proposed sanitary sewer lift station on Lot 1, Block 2. All voted in favor. Motion carried 5-0. i Agenda Information Memo February 17, 2004, Eagan City Council Meeting B. CONDITIONAL USE PERMIT - SOWLES PROPERTIES ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor storage of, equipment, materials, and current/late model cars associated with a site plan and item list, dated February 12, 2004, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum • Items in bold represent new information FACTS: • At the January 20, 2004 City Council meeting, Sowles Properties agreed to continue to the February 3, 2004 meeting in order to provide staff with a more detailed list of outdoor storage items relating to a site plan. At the same time the request for a setback variance and a CUP for a 113 foot crane were denied. • At the February 3, 2004 City Council meeting, Sowles Properties agreed to continue to the February 17, 2004 meeting in order to provide staff with a detailed list of outdoor storage items with limitations and height limitations relating to a site plan. • In 1994, a CUP was issued for Lull Industries for outdoor storage of parts and equipment based on a site plan submitted at that time. • The site is largely encompassed with outdoor storage of miscellaneous items. • The majority of the storage items are directly related to Sowles business and other tenants in the building. Outdoor storage should be related to the uses on the property. • Five of the nine outdoor storage Code Requirements are met, the storage items are not proposed in an enclosure. • The Advisory Planning Commission held a public hearing on December 18, 2003, and is recommending approval; subject to the conditions in the APC minutes. ISSUES: • The APC added conditions including that outdoor storage of items be limited to tenants of the principal building and a fenced in enclosure for all outdoor storage. 60 DAY AGENCY ACTION DEADLINE • March 18, 2004 - a waiver has been signed qQ City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 3 B. CONDITIONAL USE PERMIT - SOWLES PROPERTIES, LP Planner Cartney introduced this item and highlighted the information presented in the City Staff Report dated December 15, 2003. She noted the background and history of the subject property for the action to be taken by the Planning Commission. Several applicant representatives were present along with their attorney, Bill Cottrell. Mr. Cottrell highlighted that the request for the crane was essential to the success of the applicant's business operations. Chair Heyl opened the public hearing. Several employees of Sowles Properties, L.P. who reside in Eagan spoke in support of the application for outside storage and the necessity for the crane as an integral part of its business operations. A neighboring business owner, Ron Becker, similarly spoke in support of the application. There being no additional comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl noted that the property is zoned industrial and that not withstanding the visual impact of having a crane located on the property, such use may be expected and could be considered consistent with activities in an industrial area. She further commented that the crane, as proposed by the applicant will be located some 350 feet off Highway 13 and this would be an appropriate buffer from the public's view. Chair Heyl further commented that the proposed outside storage of vehicles must be consistent with City Code and specifically that the storage must be for an occupant or tenant of the principal building on the property. Member Gladhill commented that it appeared the crane was not harmonious with the area, but was a business necessity. Member Gladhill stated that his concerns were with the outside storage rather than the crane. Specifically, Member Gladhill commented that the applicant fails to satisfy several of the Conditional Use Permit standards, including the failure to provide an enclosure for the outside storage area and providing the required set back from Highway 13. Member Bendt commented that the crane should be of an appropriate color to blend in with the sky and similar to telecommunications towers. Member Bent also questioned if the crane could be used as a cell tower as well. He also commented that the storage of the vehicles were new vehicles rather than antiques, collectibles or junk cars. Member Leeder commented that the current plan only has 362 paved parking stalls and Planner Cartney explained that more stalls could be added and the area must be paved and striped in accordance with City Code. i City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 4 Chair Heyl questioned the applicant concerning security for the area. The applicant commented that there are three entrances to the area and all have locked arm gates, however, there is no fencing around the perimeter of the property. Member Heyl expressed concern regarding the request for a variance of a set back for Highway 13 and City Planner Ridley commented that the prior owner, Lull Industries, likely had undertaken the outside storage within the set back before the current City standards. Member Bent questioned City Attorney Bauer about security and the City's responsibility. Bauer explained that an enclosure is a Code condition other than that can't really apply additional security methods. Member Leeder mentioned that the site has history and Highway 13 wouldn't really benefit with or without the setback variance. Leeder explained that the cars should be within an enclosure, this is also a code requirement and should be consistent with other outdoor storage within the City. Chair Heyl moved, Member Gladhill seconded a motion to recommend approval of a Conditional Use Permit to allow outside storage of a 113 foot crane, equipment, materials, and current/late model cars, associated with a site plan on the 24 acre site, and a 30 foot variance to the front yard setback on Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway; subject to the following six conditions of the Staff Report and together with four additional condition (listed as 7 through 10 below): 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. If any type of aggregate surfacing is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 3. All parking and storage areas shall be properly maintained to prevent deterioration. 4. The outdoor storage items shall be limited to what is provided for with the site plan. 5. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code. R'3 City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 5 6. Subject to site plan dated Revised 12-03-03. 7. Outside storage items (including automobiles) must be for an occupant/tenant of the principal building. 8. The crane must be located 300 feet from Highway 13. 9. All outdoor storage areas must be enclosed by a fence. 10. Outdoor storage shall be setback 50 feet from Highway 13 (versus the 30 foot variance). Motion carried 4-1 (Member Bendt against (stating he believed the enclosure requirement should be only for the automobile outside storage)). qy ATTACHMENTS (3): Advisory Planning Commission Minutes pages4 through Planning Staff Report on pages9,5 through t Uo Letter and site plan from applicant on pages (through / 13 6~ PLANNING REPORT CITY OF EAGAN REPORT DATE: December 15, 2003 CASE: 09-CU-18-11-03 APPLICANT: Sowles Properties L.P. HEARING DATE: December 18, 2003 PROPERTY OWNER: Same APPLICATION DATE: Nov. 19, 2003 REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney LOCATION: 3045 Highway 13 COMPREHENSIVE PLAN: IND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of a 113 foot tall crane, equipment, materials, and current/late model cars; and a 30 foot Variance to the front yard setback, associated with a site plan on the 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4S i Planning Report - Sowles CUP December 18, 2003 Page 2 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. We Planning Report - Sowles CUP December 18, 2003 Page 3 CODE REQUIREMENTS The City Code requires a conditional use permit for outdoor storage. In the I-l, Limited Industrial zoning district structures are limited to 40 feet in height. BACKGROUND/HISTORY The subject site has been known as the Lull Industries property, which is now owned by Sowles Properties Limited Partnership. In 1994, a Conditional Use Permit was issued for Lull Industries for outdoor storage of parts and equipment based on the a site plan submitted at that time. All of the outdoor storage with this CUP was related to Lull's fork truck manufactoring operations. The main building was completed in 1957. It appears outdoor storage has been part of operations at this location since the site was developed; however, a CUP for this storage was not obtained until 1994. In 2001 Sowles requested a CUP to allow a 100 foot tall crane on a site, also adjacent to Highway 13, just south of the subject property. The CUP was denied for the following reasons: A tower crane three times the height of permitted building height is not harmonious in appearance with the character of the general vicinity and the natural features of the Minnesota River Valley. Due to size and profile the tower crane cannot be screened. EXISTING CONDITIONS The site is largely encompassed with outdoor storage of miscellaneous items. The items range from trucks, trailers, cranes to current/late model cars. The existing buildings are surrounded with some type of outdoor storage. Tennant parking is located in front of the main building along Highway 13. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Park P, Park P, Park and Recreation open sace South Various industrial I-1, Limited Industrial 11,TD, Industrial uses East Hwy 13, Single family R-1, Residential LD, Low Density residences Single residential West Single family home I-1, Limited Industrial IND, Industrial and Park uses P, Park P, Park and Recreation open sace q7 Planning Report - Sowles CUP December 18, 2003 Page 4 EVALUATION OF REQUEST Compatibility with Surrounding Area - The site has had miscellaneous items stored outdoors for many years. The present request is for similar types of items as approved previously for Lull Industries, but also for items not related to Sowles operations. The permanent crane is 113 feet tall and may cause the same concerns as the previously proposed crane. The land use is compatible with the surrounding area, the compatibility of the proposed outdoor storage uses and crane is a policy matter for City Officials to determine. Site Plan - The applicant proposes outdoor storage in various locations throughout the site. No new landscaping is proposed. Trash areas are not shown; trash receptacles should be kept inside a building or within an enclosure constructed according to City Code standards. The submitted site plan breaks the property u into four areas each area has certain items associated with it. Area Items 1 Short Term - trucks, trailers, cranes, materials and equipment 2 Crane components, weldments, steel, materials and equipment 3 Short Term - Crane componets, weldments, materials and equipment. Parking for future tenants 4 Trucks, trailers, current/later model cars, materials and equipment Some of these items are related directly to Sowles business and other tenants in the building, the car storage is not directly related to this site. The following is a breakdown of tenants at this site: Current Tenants Leasing Space Sowles Co./Northwest 7,800 SF Office+42,000 SF shop+ 90,000 SF yard Tower Cranes Valle Building Products 2,400 SF office E-con Placer 8,000 SF shop Airline Transportation 16,400 SF warehouse + 12 trailers in yard Specialists St. Paul Tire 1,200 SF warehouse Industrial Restoration, Inc 1,200 SF warehouse Wilson McShane Co 9,300 SF warehouse Southview Chevrolet 106,000 SF YARD space, u to 700 cars 525 currently) Marc Construction Four trailers in YARD After all these tenants occupy their space, there is still 4,000 square feet of office space, 18,600 square feet of warehouse and 20,000 square feet of yard space available. The request is also for the installation of a 113 foot tower crane (figure 1) at the north end of the property to assist with loading and unloading of crane components and other equipment onto trucks. According to the applicant, this type of crane is essential to the site because mobile cranes lack the required radius coverage, require set up and dismantle time and are usually at e Planning Report - Sowles CUP December 18, 2003 Page 5 another job site. The crane would be painted a similar color as the mono towers in the area. The base of the crane would be secured to prevent unauthorized access. rY~ r .'Z yr a t!1 t~ #c y zr ~ r (Figure 1) There appear to be no specific provisions in the City Code that apply to the proposed crane. It is similar in height to a telecommunications tower, but the City's tower ordinance does not apply. Therefore, the proposed crane is addressed in the report as one element of the outside storage, and is subject to the following City Code standards for outdoor storage. In addition, the APC and City Council may attach other reasonable conditions deemed necessary to mitigate adverse impacts, protect the value of other properties in the district, and achieve the goals and polices of the Comprehensive Guide Plan. Airport Considerations - The airspace obstruction zone section of the Minneapolis St. Paul International Airport Zoning Ordinance defines protected airspace areas. The subject site does not fall within a Land Use Safety Zone according to Minneapolis St. Paul (MSP) Zoning Map, Safety Zones Plate SZ-29. Section IV. The airspace obstruction zone is considered an imaginary conical surface extending upward and outward from the surface level of the airport at a slope of 20 to one for a distance of 4,000 feet measured radially outward from the periphery of the airport. The airspace obstruction zone that applies to the subject site prohibits structures higher than 1010-1020 feet above sea level. The surface elevation at which the crane will be located is approximately 750 feet above sea level and the crane is 113 feet tall, which is an approximate height of 863 feet above sea level. As such, it does not fall into the airspace zone and does not require additional restrictions. The subject site is within Noise Zone 4. As an industrial land use, the proposed activity is permitted within this zone. l~ i Planning Report - Sowles CUP December 18, 2003 Page 6 Engineering Comments - The applicant is proposing to maintain the storage areas labeled as Area 2 with conventional gravel aggregate surfacing. The applicant is not proposing to construct the perimeter of the outdoor stage areas with concrete curb and gutter. City code requires that all off- street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the most- widely-used surfacing material to accomplish this requirement and is required for off-street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled asphalt aggregate surfacing for outside storage areas under conditional use permits. Those permits that have allowed recycled asphalt aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate or the conventional gravel aggregate is continued to be used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. Outdoor Storage - In addition to the requirements for a conditional use permit listed previously, City Code Section 11.70, Subdivision 20, C, recently adopted and in effect for the November 7, 2002 City Council meeting; lists performance standards for outdoor storage as follows: a) Outdoor storage items shall be placed within an enclosure. The proposed storage is not within an enclosure. b) All such enclosures shall be attached to the principal building except in the limited industrial district. This property is zoned I-1 (limited industrial) and does not require the enclosure to be attached. c) The enclosure shall be made of material suitable to the building and the items to be stored. The proposed storage is not within an enclosure. d) The enclosure shall not encroach into any established front building setback area or other required setbacks. Proposed storage area one, two, and four encroach into the 50 foot front yard building setback from Highway 13; not in an enclosure. The proposed storage areas are located at the standard 20-foot pavement and parking setback from Highway 13 rather than the minimum 50 foot building setback. Therefore, the storage area is considered to encroach into the required front building setback area, necessitating a Variance of 30 feet. e) The enclosure shall not interfere with any pedestrian or vehicular movement. The proposed storage areas consists of parking stalls, and gravel areas. The items are stored in an orderly fashion, which should not interfere with pedestrian or vehicular movement. Pedestrian and vehicular movement is limited throughout the site. /00 Planning Report - Sowles CUP December 18, 2003 Page 7 f) The items to be stored shall not exceed the height of the enclosure. The proposed storage is not in an enclosure. The APC and City Council may wish to consider whether additional screening measures would be appropriate. Because of the topography much of the site is visible from Highway 13. g) The display area shall not utilize required parking spaces or landscaping areas. According to the use breakdown the applicant provided, there is 14,200 square feet of office space which requires 94 parking stalls, 46,700 square feet of warehouse space which requires 55 parking stalls and 50,000 square feet shop/manufacturing space requiring 10 parking stalls for a total of 159 parking stalls. The site plan indicates there are 362 paved parking stalls available. h) The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposed storage area is surfaced with bituminous and gravel, both seem acceptable for this type of storage. i) The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principle use of the property. Based on the use of the property the availability of off street parking is met. SUMMARY/CONCLUSION The applicant is requesting a Conditional Use Permit to allow outdoor storage of a 113 foot tall crane, miscellaneous equipment, parts, trailers, cranes and items related to the various businesses onsite. The request also includes storage of new and late modeled cars, not associated with any business on-site. The proposed storage areas are located at the standard 20 foot pavement and parking setback from Highway 13 rather than the minimum 50 foot building setback. Item D in the Outdoor Storage section of the Code prohibits an enclosure to encroach into any building setback. The storage areas encroach into this setback therefore, a Variance is necessary. The CUP request is also for a 113 foot crane to be permanently stored on-site. All storage areas are defined by a site plan and should be included with the CUP. The outdoor storage surface area is questionable; City code requires that all off-street parking and storage areas be surfaced with a material to control dust and drainage, some areas for the proposed storage are on a gravel aggregate surface. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of a 113 foot crane, equipment, materials, and current/late model cars, associated with a site plan on the 24 acre site, and a 30 foot Variance to the front yard setback on Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway; subject to the following conditions: C0/ Planning Report - Sowles CUP December 18, 2003 Page 8 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The proposed outdoor storage areas shall be surfaced with bituminous asphalt. OR If any type of aggregate surfacing is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 3. All parking and storage areas shall be properly maintained to prevent deterioration. 4. The outdoor storage items shall be limited to what is provided for with the site plan. 5. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code. 6. Subject to site plan dated Revised 12-03-03. /00-~ FINANCIAL OBLIGATION-09-CU-18-11-03,10-00900-010-26,3045 Hwy 13 SOWLES PROPERTIES, L.P. There are pay-off balances of special assessments totaling $64,291 on the parcel proposed for the conditional use. At this time, there are no pending assessments on the property for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk C/I $.13875/Sq Ft 1,034,550 Sq. Ft $143,544 Total $143,544 2003 rates are used to compute this financial obligation. The actual obligation will depend on the year in which the final subdivision is approved. It is recommended that this financial obligation be satisfied when a new connection is made to the City's utility system. The obligation will be computed at the rates in effect at the time of new connection. /b3 Eagan Boundary Location Map - - Street Centerline O Parcel Area ~ Building Footprint i r i ~ a m t! v d yT t o` 4$s ~ '~~J y all ate`` 3 ° ~ ~ ®E.+a 3 4 ,car ' t s t I i a 4F 2 - ~ s+a Sub•ect Site s9 '7 ~ z ® el g Ilia Fi! did E3 gje~ so i Y MEN D~ = o 1000 0 1000 2000 Feet Development/Developer: Sowles Properties, L.P. Application: Conditional Use Permit Case No.: 09-CU-18-11-03 Map Prepared using ERS1 kcVtew 5.1. Parcel base map data provided /Ox N by Dakota county Office of GIs and is current as of June 2007. Jlr THIS MAP 13 INTENDED FOR REFERENCE USE ONLY W B City of eQgan The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are 5 - - not rw.nonai6le for errors or omissions. i ,Z SQJ t- F 0 a Fi J -DEC. 3.2003 5:22PM VALLEY BUILDING 651-287-9785 N0.144 P.3i3 A T 1) 7 ) uw CVR Y .n.l//< or .rvn/s NORTH UK Or NNR/4 Of RM/• Zr_ 1, T. 27. 71.21 ~ tCC9, 737. 644,1 POa ---N 89'46'12' E 1197.00--- _ 206.28 _ 1 ,81 N 8 '12" E 741.06 t ~ ~~p "c Y SS 9K 69 Z r.4 it vi I 2s + 24 t W .~~.RIJ qq zz_ I Zzz 4 1 , Short Trim Pa~tm¢ Trucks, trailers, mobile cranes and construction ,r equipment. paved with existing bituminous. s r' Used by Sowles/NWC for their own vparvSons, 2.) Excess Inventory Areas. Crane components. wcldmcats, taw stool. steel componam parts, materials, equipaam surfaced with exiatiag crushed rock. . Y:$ Used by Sow16sJNWTC for their own operations. ' 3.) Excess Invemory Area. Short term storage of crane components, weldmews, ---5 89'55'59' W Sew PART a materials and equipment. Possible parking for future buildiag teaaau. Paves SWTII UKE oc N•7/A C/ NvAl 3e0. R. 71 27. R.21 ' +7 c ` 41, withods'dAg canQeto. Used by Sowles/NW7CNaUey for their own operations. A r% A n i 1 n 1 n l 1^ `r 1 A A L 1 I ' 4.) Main Outdoor Storage Area. Tracks, titulars (30), eonmuction equipment, 7 r-11 v-; v I r v lJ v I I 1 n L. I n i v t y materials. for building oarupaws. Cutreaozto model cars (up to 700). Pave,- with wdsting bitlm mous. Sowles Properties Limited Partnership OUTSIDE STORAGE 3045 Highway 13 Eagan, Minnesota 55121 SOWLES PROPERTIES LIMITED PARTNERSHIP VALLEY BUILDING PRODUCTS CO. 3045 HIGHWAY 13 EAGAN, MINNESOTA 55121-1602 November 17, 2003 Re: Conditional Use Permit Application Legal Description Part of Government Lot 2, Section 9, Township 27, Range 23. P.I.D. 410-00900-10-26 located 3045 Highway 13. Background/History Sowles Properties L.P. purchased 3045 Highway 13 in December of 2002. The facility was larger than our needs required and the previous owner (lull Industries) was not willing to subdivide. We went ahead with the purchase with plans to take on tenants to help cover operating expenses. Our affiliated companies Sowles Company (steel erector), Northwest Tower Cranes (crane rental and service) and Valley Building Products Co. (material supplier), moved office, shop and yard operations to this location May 2003. The main Lull Industries building was constructed in 1957; outdoor storage has been part of fork truck manufacturing operations at this location since the site was developed. In 1994 Lull Industries was granted the current CUP to allow outdoor storage of equipment and materials. At that time the site was improved with; water main system with hydrants, bituminous paving on the south portion of the site for dust control, concrete curbs, gutters and catch basins for erosion control, free standing lighting and building mounted lights for safety and security. Lull Industries, Inc. employed up to 250 people on site and at peak production had 2 and sometimes 3 shifts. We currently have approximately 30 employees and approximately 10 tenant employees that work on site. Our work hours are 6 AM to 5 PM and there are minimal after hours/weekend traffic coming and going from our site. Sowles Properties L.P. is requesting a Conditional Use Permit to allow; A.) Outdoor storage of construction equipment, materials, trailers and vehicles. B.) Installation of a yard tower crane. A.) Four proposed Outdoor Storage area types see attached site plan. 1.) Short Term Parking. Trucks, trailers, mobile cranes and construction equipment, paved with existing bituminous. 2.) Excess Inventory Areas. Crane components, weldments, raw steel, steel component parts, materials, equipment, surfaced with existing crushed rock. 3.) Excess Inventory Area. Short term storage of crane components, weldments, materials and equipment. Possible parking for future building tenants. Paved with existing concrete. 4.) Main Outdoor Storage Area. Trucks, trailers, current/late model cars, construction equipment, materials, Paved with existing bituminous. Page Two Conditonal Use Permit Application November 18, 2003 B.) We propose installation of a 113' tower crane at the north end of the site to assist with loading and unloading of crane components and other equipment onto trucks. A yard tower crane is essential to our operation because it is the most efficient type of crane for this use. Mobile cranes lack the required radius coverage, require set-up and dismantle time and are usually away from our yard working at construction job sites. The crane would be painted a similar color as the mono towers in the area. The base of the crane would be secured to prevent unauthorized access. See attached site plan and site sections describing our proposed tower crane installation. Reference item A.4. above. On the south portion of our property is approximately 4 acres of paved parking lot, our building tenants use only a portion of this area. We have been approached by other contractors, freight companies and car dealerships to store cars, trucks and trailers on our site. This provides an opportunity for us to help cover operating expenses. Southview Chevrolet is currently storing current/late model cars on the southern portion of our property. They choose our location because it is in close proximity to their dealership at 494/110 & South Robert. Southview buys large lots of fleet cars and holds them in storage until sold through dealerships. The cars are moved to and from our location either by semi truck transport or driven individually. This activity varies day to day, some days nothing moves and other days up to (4) transports may arrive. The cars are parked in neat rows. Southview's space requirements may change; we would like the option to store freight trailers for off site companies. The trailers would be in good condition and also parked in neat rows. Zoning Classification Currently zoned Industrial 1 (I-1), we are not requesting re-zoning. Existing Land Uses The 24 acre site contains several wooded areas and a grade drop of approximately 50' from southeast to northwest. The site has one main office/warehouse building, several accessory buildings, employee parking and outside storage areas. Surrounding Land Uses North - Zoned Industrial, undeveloped. South - Zoned Industrial, Eagan Transport and Water Heater Innovations East - Highway 13/ McCarthy Ridge Subdivision, Residential West - Zoned Industrial, SF home, gravel/dirt storage. 16O c ~t 6512879785 DEC. 3.2003 5:21PM VALLEY BUILDING 651-287-9765 N0.144 P.1/3 SOWLES PROPERTIES LIMITED PARTNERSHIP VALLEY BUILDING PRODUCTS CO. 3045 HIGHWAY 13 FAGAN, MINNESOTA 55121-1602 t FAX TRANSMITTAL December 3, 2003 To: Mike Ridley, Sheila Cartney City of Eagan From: Jack Romsaas, 651.287.9786 Re: Conditional Use Permit Application Additional Information In reference to our application dated November 17, 2003 and to follow up our November 26d' meeting, I am providing additional information and clarifications per your request. Sowles Properties and Valley Building Products jointly own the property located at 3045 Highway 13. Sowles Co. (steel erector subcontractor), Northwest Tower Cranes (crane rental & sales) and Valley Building Products (material supplier/subcontractor) lease office, shop and yard space. As previously stated we need to lease space to help cover operating expenses. Besides our affiliated companies we are leasing space to unrelated tenants, as follows: Current Tenants Sowles Co./ Northwest Tower Cranes 7,800 SF Office + 42,000 SF Shop + 90,000 SF Yard. Valley Building Products 2,400 SF Office E-con Placer 8,000 SF Sliop Airline Transportation Specialists 16,400 SF Warehouse + (12) trailers in Yard_ St. Paul Tire 1,200 SF Warehouse Industrial Restoration, Inc. 1,200 SF Warehouse Wilson McShane Corporation 9,300 SF Warehouse *Southview Chevrolet 106„000 SF Yard, up to 700 cars, currently approx. 525. *Marcy Construction (4) trailers in Yard *Two tenants currently renting yard space only. Available Space Office Approximately 4,000 SF Warehouse Approximately 18,600 SF Yard Approximately 20,000 SF loq' DEC. 3.2003 5:22PM VALLEY BUILDING 651-267-97BS N0.144 H.di3 SOWLES PROPERTIES LIMITED PARTNERSHIP Page Two Dezember 3, 2003 Regarding the four Outdoor Storage areas listed in our November 17' application, please replace paragraph A.) on the first page with the following: A.) Four proposed Outdoor Storage area types see attached site plan. 1.) Short Term Parking. Tracks, trailers, mobile cranes and construction equipment, paved with existing bituminous. Used by Sowles/NWTC for their own operations. 2.) Excess Inventory Areas. Crane components, weldments, raw steel, steel component parts, materials, equipment, surfaced with existing crushed rock. . Used by Sowles/NWTC for their own operations. 3.) Excess InventoryArea. Short term storage of crane components, weldments, materials and equipment. Possible parking for future building tenants. Paved with existing concrete. Used by Sowles/NWTC/Valley for their own operations. 4.) Main Outdoor Storage Area. Trucks, trailers (30), construction equipment, materials, for building occupants. Current/late model cars (up to 700). Paved with existing bituminous. Mike and Sheila, I hope this provides the information you need for your report to the Planning Commission, if not feel free to call should there be any questions. Thank you for your assistance. SOWLES PROPERTIES LIMITED PARTNERSHIP VALLEY BUILDING PRODUCTS CO. 3045 HIGHWAY 13 EAGAN, MINNESOTA 55121-1602 February 12, 2004 Mr. Mike Ridley CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Conditional Use Permit Application Additional Information Six (6) proposed Outdoor Storage areas, see attached site plan. 1.) SHORT TERM PARKING - used by Sowles/NWTC for their own operations, vehicles are coming and going on a daily/weekly basis. 40 units, up to 14 feet high. Boom Trucks, Semi Tractors, Trailers, Jobsite Office Trailers, Truck Cranes, Rough Terrain Cranes, Fork trucks, Man Lifts, Pick-ups and Service Truck. 2.) RENTAL EQUIPMENT - Used by Sowles/NWTC for their own operations. 400 individual pieces stored up to a maximum of 40 feet high. Tower Crane Components, Cabs, Tower Sections, Jib Sections, Machinery Decks. 3.) RENTAL AND CONTRACTING EQUIPMENT - Used by Sowles for their own operations. 200 individual pieces stored up to a maximum of 40 feet high. Stiff Leg Derricks, Trailers, Tower Sections, Steel Beams. 4.) RENTAL AND CONTRACTING EQUIPMENT - Used by Sowles/NWTC for their own operations. 300 individual pieces stored up to a maximum of 32 feet high. Shipping Containers, Electrical Cages, Bolt Boxes, Crane Mats, Man Baskets, Tower Crane Components; Cab, Tower Sections, Jib Sections, Machinery Decks, Steel Beams. 5.) SHORT TERM RENTAL AND CONTRACTING EQUIPMENT Used by Sowles/NWTC for their own operations. 20 units up to 16 feet high. Short term storage of Cranes, Crane Components, and Construction Equipment as described above. Locked Cages for Propane and Acetylene Tanks. Possible parking for future building tenants. 6.) MAIN OUTDOOR STORAGE AREA - 725 units up to 20 feet high. Current/Late Model Cars and Trailers. This storage area potentially could be used for Sowles/NWTC own operations, such as Trucks, Trailers, Mobile Cranes and Tower Crane components as listed above. 'C7 / NM' COR. N MM/4 OF NTA/s NORTN UNE OF NA/4 Of MM/4 SEC. P. T. 27. R.23. P.0.0 o.e ~9' r.27, P-23 - - - N 89'46'12" E 1197.00 - - - - = 206.28 - 128.81 - - - N 89'46'12" E 741.04 - ~~pp 'ti ~ywT ~CNC uN.n ..I QO.i'Q4 FN. y,SJ 2 -C 11 .KS N /Y + ~@ b v 0 _ ~ .a2 4'~ rgp~. 2. ~•;.y • . ` o 1 0; (Q- 4/N cj r x * / d ti 10 IT c 20 + a OF 23 bqa I \ ry' ' C J A MEADOW Hi t --S 89'55'59 _ W 587.2 - soli or. n. 40 1 SOVTN UNE OF NWI14 OF NW114 SEC. P. T. 27, R,2J. Ir C as d AGAN-13 INDUSTRIAL PARK . N Sowles Properties Limited Partnership OUTSIDE STORAGE, 3045 Highway 13 Eagan, Minnesota 55121 11 February 12, 2004 i f cl J~ ♦ / -~1jj~1 I r r / r / a t P O w \ / A mm p a y ~ , irw p y~A i0fr"OK y lElr M.D. d+f t % A F TOPOGRAPHY SURVEY Jolnn Oliver & Associates, Inc vs••, a ° • p°Q 0°'l OM y*~~ a "~v►e _ EAGAN. MN O~W~MI~t Ind M h 6b d MwwR om® rr. II \ FOR i o■ae um@mL r° pr r. fywr. n.a sr sn tom nalw-+rw (~y~nr+rw w. u. M. LULL INDUSTRIES. INC. Agenda Information Memo February 17, 2004, Eagan City Council Meeting C. PRELIMINARY SUBDIVISION (WOODLAND PLACE ADDITION) - RICH RAGATZ ACTIONS TO BE CONSIDERED: To approve (OR direct findings for denial) a Preliminary Subdivision (Woodland Place Addition) of 6.3 acres to create 14 single family lots at 630 and 660 Cliff Road; subject to the conditions in the December 18, 2003 Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum • Items in bold represent new information FACTS: • The property is zoned R-1, Single Family Residential and Guided LD, Low Density Residential (0-4 units/acre). • The subdivision consists of three unplatted parcels, Weierke Trench and Excavating and a single family home exist onsite. • The subject site is located within a Shoreland Overlay district and is subject to those standards. • The proposed lots range from 12,144 to 23,409 square feet; minimum lot size in a R-1 zone is 12,000 square feet. • The preliminary plat indicated right-of-way vacation along Dodd Road as part of proposed Lot 1. With the proposed vacation Lot 1 will meet the R-1 standards, if the vacation is denied Lot 1 will have a lot width at the setback line of 73 feet and would require a variance. • The vacation will be re-noticed and before the City Council at a later date. • The portion of Dodd Road adjacent to the property was re-aligned in 2002 as part of the Dodd Road Street and Utility improvements to better align with Cliff Road. The re-alignment shifted the roadway to the west, creating potentially excess right-of-way in the area. • The Advisory Planning Commission held a public hearing on December 18, 2004 and recommended approval. 120 Day Agency Action Deadline: • March 19, 2004 l tq ATTACHMENTS (3): Advisory Planning Commission minutes page & throughf Planning Staff Report page taDthrough_ INb Proposed Right-of-Way vacation on page X41 115 i City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 11 D. PRELIMINARY SUBDIVISION - EPIC DEVELOPMENT, LLC Planner Cartney introduced this item and highlighted the information presented in the City Staff Report dated December 11, 2003. She noted the background and history of the subject property for the action to be taken by the Planning Commission. The applicant was present and indicated they were available to respond to any questions. Chair Heyl opened public hearing. There being no comment, Chair Heyl closed the public hearing and turned the discussion to the Commission. Chair Heyl commented that the revised application is in full compliance with City Code and was an improvement to the prior submission. Member Bendt requested clarification concerning the resubmission and City Planner Ridley commented that the applicant rewithdrew the previous request and submitted a new application thereby requiring a new Public Hearing and Planning Commission action. Member Bendt moved, Member Hansen seconded a motion to recommend approval of a preliminary subdivision to create 14 single family lots on 6.3 acres located at 630 & 660 Cliff Road in the NW 1/4 of Section 36, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-W 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside I ICP City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 12 of dedicated public right-of-way as necessary to service this development or accommodate it. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 2. The property shall be platted. i City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 13 3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 4. The development shall be responsible for a cash parks dedication. 5. The development shall be responsible for a cash trails dedication. 6. The development shall include a twelve foot wide Trail Easement between lots seven and eight. Said easement may be used by the City to develop a trail should it be determined that a trail would be a beneficial means of access to the adjoining park property. The easement may be vacated at the discretion of the City. The Easement shall be in a form and text approved by the City Attorney; the plat should include the vacated Dodd (if approved by Council) to Lot 1; and if not approved, it should remain as dedicated right-of-way. 7. The developer shall construct an outlet skimmer structure and pipe from the new pond across Holz Farm Park property to Manor Lake, in accordance with City engineering standards. 8. The new pond to be constructed with the development shall be graded to provide proper depth and function of the outlet skimmer structure, also in accordance with City engineering standards. 9. The developer shall dedicate right-of-way for Dodd Road along the southwest portion of the plat, as shown on the preliminary plat. 10. The developer shall dedicate 60 feet of '/2 right-of-way along Cliff Road (Dakota County Road 32), measured from the centerline of the existing roadway, as required by the Dakota County Plat Commission. 11. This development shall dedicate drainage & utility easement over the proposed sanitary sewer line between Lots 7 & 8 of sufficient width and location (minimum 20' wide centered over the pipe) as determined necessary by City engineering standards. 12. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 13. The applicant contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the 119 City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 14 grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 14. A revised Tree Preservation Plan shall be submitted that shows the installation of tree protection fence installed (per city ordinance standards) at the dripline or at the perimeter of the critical root zone, whichever is greater, for all trees indicated to be preserved, including tree numbers 1, 3, 4, 7, and 68-73. 15. A minimum stormwater treatment wet-pond volume of 0.17 acre-feet covering a minimum area of 0.13 acres shall be required to treat runoff from 3.0 acres of this development. The pond should have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. 16. A cash dedication in lieu of on-site water quality ponding shall be required for the remaining 3.3 acres of this development. All voted in favor. Motion carried 5-0. l~~ PLANNING REPORT CITY OF EAGAN REPORT DATE: December 11, 2003 CASE: 36-PS-19-09-03 APPLICANT: Richard Ragatz HEARING DATE: December 18, 2003 PROPERTY OWNER: Roger & Stuart Weierke APPLICATION DATE: Nov. 19, 2003 REQUEST: Preliminary Subdivision PREPARED BY: Sheila Cartney LOCATION: 630 & 660 Cliff Road COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create 14 lots on 6.3 acres located at 630 and 660 Cliff Road in the NW '/4 of Section 36. A similar application was before the Advisory Planning Commission on October 28, 2003 for the same property proposing 16 lots and variances to the lot width and street frontage requirements. The applicant requested revising the subdivision to satisfy City Code and revisit the Advisory Planning Commission. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage I ac) Planning Report - Woodland Place December 18, 2003 Page 2 and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 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." BACKGROUND/HISTORY The proposed subdivision is for three unplatted tax parcels located along Cliff Road and Dodd Road, known as the Weierke property. The property's zoning changed from Agriculture to R-1 Single Family Residential with a City wide zoning map update; adopted on September 17, 2002. An application for Preliminary Subdivision and Variances were heard before the Advisory Planning Commission in October, the Commission recommended denial, based on the variances not meeting the hardship test. 1a~ Planning Report - Woodland Place December 18, 2003 Page 3 EXISTING CONDITIONS The property is currently being used for Weierke Trench and Excavating, and there is a single family home with two detached garages located on the eastern most parcel. There are many outbuildings throughout the site. The southern portion of the site is bordered with mature trees. The subject property is located within the Holtz Lake Shoreland Overlay district. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Residential R-2, Residential LD, Low Density Double Residential South Residential R-1, Single Family LD, Low Density Residential Residential East Residential R-1, Single Family LD, Low Density Residential Residential West Vacant with a A, Agriculture LD, Low Density temporary greenhouse Residential EVALUATION OF REQUEST Preliminary Subdivision: Compatibility with Surrounding,, Area -The property is currently zoned R-1, Single Family Residential, this change was initiated with the City wide zoning map update; adopted on September 17, 2002, the property was previously zoned Agriculture. At that time single family residential development was deemed compatible with the surrounding area. Shoreland Overlay - The subject site is located within the Holtz take shoreland overlay district and is subject to development standards for General Development Waters. The code requires that nonriparian lots be a minimum of 12,000 square feet; there are only nonriparian lots within this development. The minimum lot width (at building setback line) requirement in this shoreland area is 75 feet, maximum structure height is 35 feet and the maximum impervious surface is 25 percent. R-1 bulk standards are a minimum12,000 square feet lot area, 85 feet lot width at building setback line, 35 feet maximum building height and 20 percent maximum building coverage, not impervious surface. When reviewed against each other, the more restrictive standards apply. ~aa Planning Report - Woodland Place December 18, 2003 Page 4 Densit - The net density is 2.8 units/acre the gross density is 2.0 units/acre. The Comprehensive Guide Plan allows residential density of 0 to 4 units per acre for Low Density land use designation; the proposed density complies with the Land Use Designation. Lots - The proposed lots range from 12,144 to 23,409 square feet in area. The minimum lot size requirement in an R-1 zone is 12,000 square feet; all the lots comply with this requirement. The Code minimum lot width requirement is 85 feet at the building setback line and 50 feet of street frontage. As proposed all lots meet this requirement. Setbacks - The following minimum setbacks are required for all buildings in the proposed development: Front yard (Cliff Road) 50 feet Front yard 30 feet Side yard Dwelling 10 feet Garage 5 feet Rear yard Dwelling 15 feet Garage 5 feet Landscaping - A landscape plan is not required for single family residential. However, the submittal plans call for a to five foot berm along Cliff and Dodd Road with about 50 Evergreen trees planted on top, to help with noise reduction. No plantings are allowed in easements or public right-of-way. Grading- The preliminary grading plan is acceptable with modifications. The site generally slopes east to Manor Lake within Holz Farm Park adjacent to the property, with elevations ranging from 940 to 926. Storm Drainage- The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain east via public storm sewer to a new water quality and rate control pond on Lot 10 before discharging to Manor Lake Pond LP-28 (as designated in the City Storm Water Management Plan -1990) within Holz Farm Park. The developer should construct an outlet skimmer structure and pipe from the new pond across Holz Farm Park property to Manor Lake, in accordance with City engineering standards. The new pond should be graded to provide proper depth and function of the outlet skimmer structure, also in accordance with City engineering standards. Wetlands/Water Quality - This proposed 6.3-acre single-family subdivision is located in the City's L-watershed and also is within the shoreland overlay district of Holz Lake, a Class II Indirect Contact Recreation waterbody, according to the Water Quality Management Plan. Portions of the site (3.3 acres total) are proposed to drain offsite either to the northeast, east, south, or west. The remainder of the site (3.0 acres) will drain into a proposed stormwater treatment pond in the southeast corner of the parcel. This pond will drain to Holz Lake. 1d3 Planning Report - Woodland Place December 18, 2003 Page 5 The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments. With an approximate impervious proportion of 20 percent, a minimum wet-pond volume of 0.17 acre-feet covering a minimum area of 0.13 acres would be needed to treat the stormwater generated by 3.0 acres of the development. The pond would have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. A cash dedication in lieu of ponding would be required for untreated stormwater runoff from 3.3 acres of the development. There are no wetlands associated with this parcel. Utilities- The preliminary utility plan is acceptable. Water main of sufficient size, depth and capacity is available for connection within Dodd Road along the west edge of the development. Sanitary sewer of sufficient size and capacity is available for connection and extension within Cliff Road. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation- Public street access for the development will intersect with Dodd Road. Dodd Road from Cliff Road to the Eagan/ Rosemount border was upgraded to an urban street with concrete curb & gutter and storm sewer in 2002. Easements/ Permits/ Right-of-Way- This development should dedicate right-of-way along Dodd Road, as shown on the preliminary plat. The developer has petitioned the City for the vacation of a portion of the right-of-way for Dodd Road. The portion of Dodd Road adjacent to the property was re-aligned as part of the Dodd Road Street & Utility Improvements (City Project No. 751R) to better align with Cliff Road. The re-alignment shifted the roadway to the west, creating potentially excess right-of-way in the northwest area of the preliminary plat. If approved by the City Council, the vacated right-of-way will be incorporated into the final plat for the subdivision. The developer should dedicate 60 feet of '/2 right-of-way along Cliff Road (Dakota County Road 32), measured from the centerline of the existing roadway, as required by the Dakota County Plat Commission. This development should dedicate drainage & utility easement over the proposed sanitary sewer line between Lots 7 & 8 of sufficient width and location(minimum 20' wide centered over the pipe) as determined necessary by engineering standards. Tree Preservation - A tree inventory submitted with this application indicates that there are forty- four (44) significant trees in the inventory. Individual tree species include pine/spruce, maple, elm, apple, birch, oak, and cedar trees. The development as proposed will result in the removal of ten (10) significant trees (22.7 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal r Planning Report - Woodland Place December 18, 2003 Page 6 for this type of development proposal (single-phase, single-lot, residential) is set at 40.0% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. Off-site trees Several trees on the submitted tree inventory have been removed from the site inventory because they are located on the southerly 36.88 feet of the property (this area is not within the parcel included in this application). Trees removed from the inventory are numbers 22, 29, 35-40, 42- 44, and 46-49. Preserved trees requiring tree protection fencing Several trees shown on the submitted tree preservation plan as being preserved appear to be located in areas that will receive some amount of grading or site alteration. These trees need to be protected through the installation of tree protection fence installed (per city ordinance standards) at the dripline or at the perimeter of the critical root zone, whichever is greater. Trees requiring this "interior site" tree protection fencing are numbers 1, 3, 4, 7, and 68-73. Parks and Trails - Trails The proposed Woodland Place development is located adjacent to the former Richard Holz house which was acquired by the City in the mid 1990's for the purpose of incorporating it into the historic Holz farm site. The house on the Richard Holz site is currently rented out by the City on an annual basis. The recently completed Holz Farm Master Plan suggests the development of a nonvehicular trail access extending from the Holz property to Dodd Road. The trail would potentially provide access to the farm from the existing wide City trail system, and a connection to the Lebanon Hills County Park system. The master plan also suggests the development of a possible vehicular access to the park from Dodd Road and the inclusion of the connector trail within the same corridor. Neighbors to Holz Farm were involved in the master planning process and provided much of the input that was used to prepare the concepts depicted in the plan. At the request of staff the Developer is proposing the inclusion of a twelve foot wide "Trail Easement" between lots seven and eight. Staff is suggesting that this be considered as a "temporary" or conditional easement upon which a trail would be developed only if a combination vehicular/pedestrian access is not developed at the more desirable location to the south of the this development, as depicted in the master plan. The more southerly corridor is preferred due to the potential for multiple uses, alignment with existing and future roadways and trails, and the more suitable grades. The development of a vehicular access to the park through Woodland Place would be difficult due to grades and the narrowness of the adjoining park area. At such time as the more southerly access is completed, this easement would be vacated. No time line has been established. Parks Most of development is adjacent to a non-programmed, disturbed portion of the park, beyond the gated control points. The slopes of the long back yards will limit development on the adjoining ~ as Planning Report - Woodland Place December 18, 2003 Page 7 lots. The primary function of that portion of the park will be the possible accommodation of the entrance drive and field parking. There is a limited amount of significant natural vegetation along the property line. In such instance a cash park dedication would be appropriate. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision to create 14 lots on 6.3 acres located at 360 and 660 Cliff Road. The proposed lots range from 12,144 to 23,409 square feet in area. The lots are proposed to meet R-1 setbacks. The applicant proposes to plant an evergreen buffer on top of a five foot berm to be added along Dodd Road and Cliff Road to reduce noise. The applicant is also proposing to offer side loaded attached garage, the garage would give the feel as being part of the house so the garage would not dominate the lot. The development will be accessed via a cul-de-sac street from Dodd Road. A twelve foot trail easement is proposed between lots 7 and 8, which would be a temporary trail. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create 14 single family lots on 6.3 acres located at 630 & 660 Cliff Road in the NW 1/4 of Section 36. If approved, the following conditions shall apply. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: lA, Bl, 2, 3, 4, C1, 2, 3, Dl, and E1 1. The property shall be platted. 2. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 3. The development shall be responsible for a cash parks dedication. 4. The development shall be responsible for a cash trails dedication. 5. The development shall include a twelve foot wide Trail Easement between lots seven and eight. Said easement may be used by the City to develop a trail should it be determined that a trail would be a beneficial means of access to the adjoining park property. The easement may be vacated at the discretion of the City. The Easement shall be in a form and text approved by the City Attorney; the plat should include the vacated Dodd (if approved by Council) to Lot 1; and if not approved, it should remain as dedicated right- of-way. 6. The developer shall construct an outlet skimmer structure and pipe from the new pond across Holz Farm Park property to Manor Lake, in accordance with City engineering standards. ~ a~ Planning Report - Woodland Place December 18, 2003 Page 8 7. The new pond to be constructed with the development shall be graded to provide proper depth and function of the outlet skimmer structure, also in accordance with City engineering standards. 8. The developer shall dedicate right-of-way for Dodd Road along the southwest portion of the plat, as shown on the preliminary plat. 9. The developer shall dedicate 60 feet of right-of-way along Cliff Road (Dakota County Road 32), measured from the centerline of the existing roadway, as required by the Dakota County Plat Commission. 10. This development shall dedicate drainage & utility easement over the proposed sanitary sewer line between Lots 7 & 8 of sufficient width and location (minimum 20' wide centered over the pipe) as determined necessary by City engineering standards. 11. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 12. The applicant contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 13. A revised Tree Preservation Plan shall be submitted that shows the installation of tree protection fence installed (per city ordinance standards) at the dripline or at the perimeter of the critical root zone, whichever is greater, for all trees indicated to be preserved, including tree numbers 1, 3, 4, 7, and 68-73. 14. A minimum stormwater treatment wet-pond volume of 0.17 acre-feet covering a minimum area of 0.13 acres shall be required to treat runoff from 3.0 acres of this development. The pond should have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. 15. A cash dedication in lieu of on-site water quality ponding shall be required for the remaining 3.3 acres of this development. a~ STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. ~ a~ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANDARD.CON tag FINANCIAL OBLIGATION-Woodland Place Preliminary Subdivision There are pay-off balances of special assessments totaling $10,803 on the parcels proposed for subdivision. The -)ay-off balance will be allocated to the lots created by the subdivision. At this time, there is a deferred assessment in the amount of $24,000 on one of the parcels proposed for subdivision. The conditions of deferral call for that assessment to be activated when the property is developed. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Lateral S.F. $6,969 Total $6,969 2003 rates are used to compute this financial obligation. The actual obligation will depend on the year in which the final subdivision is approved. 1~ REVISED PRELIMINARY SUBDIVISION SUBMITTAL Revised Preliminary Subdivision Plan: 1. Proposed subdivision name is Woodland Place, vicinity map see attached map for details. Owner: Roger & Stuart Weierke 660 Cliff Road Eagan, MN 55122 (651) 454-3626 Developer: Rich Ragatz Epic Development, LLC 3441 St. Paul Avenue Mnneapolis, MN 55416 (612) 730-2814 Surveyor/ Engineer: Perry Ryan Ryan Engineering 434 Lake Street Excelsior, MN 55331 (952) 380-5001 Contact Person: Rich Ragatz Epic Development, LLC 3441 St. Paul Avenue Minneapolis, MN 55416 (612) 730-2814 Preparation Date: November 19, 2003 This is a revised preliminary subdivision application for Woodland Place. The revised layout is comprised of 14 single-family residential lots with no variances requested. All of the lots meet the frontage width minimum of 85 feet and the minimum lot size of 12,000 square feet. Even though it is not required, I still plan on berming along Cliff and Dodd Road's and planting over 50 trees. I also hope to save as many trees as possible, either by transplanting or preserving. The only thing that has changed from the previous submittal is the number of lots (down to 14 single-family lots) which results in conforming lot sizes and frontage widths. The rest of the submittal should be straightforward with the revised plans and specifications providing the details. Please let me know if you have questions or need additional information. C:weierkerevisedprelimsubeagan j31 Eagan Boundary Lo cation Map Street Centerline Parch Area Building Footprint 71 a W~11 c r: y r ~ a i Sub ect site ~ s..u ee. n. f ~ Y i._ Q ~ g a 9 i; . s i ~3 ~ ma3~~ j' g s~ i i 9 eT O ~ d ~ ; <9 Y 8~ D. d k`• D g a© I 100D 0 1000 2000 Feet Development/Developer. Woodland Place Application: Epic Development LLC Case No.: Preliminary Subdivision Map Prepared using ERSI AreView 7.1. 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RD. 32 saw. 4~ edMofbRuminous - S89 *4 ® ~1 \ --------------i r.--------, 21,175 SF I ! ~ II I ILI Ilk 0 \ \ l41 1 Agenda Memo Date of Regular City Council meeting LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE: A. Update regarding recently released MAC Part 150 2007 Draft Mitigated Noise Contours ACTION TO BE CONSIDERED: For Informational Purposes. No action is required. FACTS: • The 2007 Draft Mitigated Noise Contours were released on February 3, 2004 at the MAC Planning and Environment Committee meeting. • Although still in draft form, the 2007 noise exposure map could represent the boundaries for future sound insulation and mitigation programs at MSP. • According to the draft contours, there are no homes in Eagan that will be included in the 65 DNL; however, the draft contours do include 509 single family homes and 38 multi-family dwellings in the 60-64 DNL. • The MAC will now have the policy decision to determine whether homes in the 60-64 DNL will be eligible for insulation. • Currently, the MAC only insulates homes that are in the 65+DNL. • An open house will be held at the MAC General Offices on Thursday, February 19 from 4-8 p.m. The open house will be an opportunity for residents to review the updated draft noise contours and learn more about the Part 150 noise compatibility program. • In efforts to communicate to residents about the draft noise contours, a Your Town News story is currently airing. An article will also be included in the March/April Experience Eagan newsletter, which will include a map of the draft contours. • Eagan residents seeking information about the contours are encouraged to contact the City, MAC, or visit the MAC website at www.macnoise.com. • Assistant to the City Administrator Lord will be prepared to give a brief update and overview of the draft 2007 noise contours. ATTACHMENTS: • Enclosed on pages through is a memorandum from Assistant to the City Administrator Lord summarizing how the 2007 Draft Noise Contours could affect the City of Eagan (the memo was previously included in the Council's February 6 Additional Information Memo) • Enclosed on page is a map of the draft 2007 Mitigated Noise Contours. Ian i _ MEMO z City of Eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR LORD DATE: FEBRUARY 6, 2004 SUBJECT: AIRPORT ISSUES--DRAFT 2007 NOISE CONTOURS AND LOW FREQUENCY NOISE STUDY 2007 Draft Noise Contours At a meeting of the MAC Planning and Environment (P&E) Committee on February 3, 2004, the proposed 2007 draft noise contours were released. The noise contours, which are based on proposed DNL levels, anticipate future noise levels within communities surrounding the MSP Airport. Although still in draft form, the 2007 noise exposure map could represent the boundaries for future sound insulation and mitigation programs at MSP. According to the draft 2007 noise contours, there are no additional homes in Eagan that fall within the 65 DNL. Under the current MAC policy, only homes that fall in the 65+ DNL are eligible to participate in the MAC residential sound insulation program. The-2007 draft DNL noise contours do include 509 single family homes and 38 multi-family dwellings in the 60-64 DNL, for a total of 547 dwelling. The 2007 draft contours have shrunk in comparison to the 2002 contours, which included 68 single family homes in the 65-69 DNL (all of which were insulated) and a total of 964 dwellings in the 60-64 DNL. The MAC will now have the policy decision of determining whether to insulate homes in the 60-64 DNL, which would make the MAC noise insulation program the most comprehensive program in the country. Previous action taken by the MAC suggests that insulation of homes in the 60-64 DNL could be possible. In April of 2002, MAC recommended the current full mitigation package to homes in the 63-64 contours, which would mean that those homes in 63-64 DNL would be eligible to receive sound insulation modifications that achieve a 5 decibel reduction in exterior to interior noise levels. Likewise, in April of 2002, the MAC recommended that single family homes with up to three living units in the 60-62 contours be eligible to receive: 1.) A mechanical package including central air conditioning if central air conditioning is not present; 2.) An option to have an acoustical test of the home to determine if an interior sound level of 45 DNL is achieved by the existing structure without MAC sound insulation; and 3.) a reimbursement not to exceed $10,000 for approved sound insulation modifications in the event the home already has an operable central air conditioning system. In May of 2002, the MAC reaffirmed a commitment of $150 million for mitigation of noise impacts in the 60-64 DNL contours. The cost estimates provided by MAC staff at the February 4, 2004 P&E committee meeting was $110 million to complete sound insulation out to the 60 DNL, as shown in the draft 2007 contours. At their March 3, 2004 meeting, the P&E committee will continue discussions regarding the contours and their recommendations to the MAC commission of the whole. If i Airport Issues-Draft 2007 Noise Contours and Low Frequency Noise Study February 6, 2004 Page 2 Should any members of the City Council receive calls from citizens who want to learn more about the contours, the Metropolitan Airports Commission will hold a public open house on Thursday, February 19, 2004 from 4 to 8 p.m. to present information regarding the update to the Minneapolis-St. Paul International Airport's Part 150 noise compatibility program and noise exposure (contour) maps. MAC staff and consultants will be available to discuss the process used to generate the updated noise maps, as well as the other elements of the program. The meeting will be held at the Metropolitan Airports Commission's General Office at 6040 28th Ave. S., Minneapolis. Another excellent resource to learn more about the contours is the MAC Web site at http://www.macnoise.com. On that site, under "View Draft Updated Noise Contours", residents are able to enter an address to see where that address is located in relation to both the 60 DNL and 65 DNL contours. MAC cautions residents to recognize that the map is in draft form and is subject to change. Until the map is finalized by the MAC, submitted to the Federal Aviation Administration (FAA), and approved by the FAA, the MAC cannot confirm a home's eligibility for any future insulation or mitigation program. In order to communicate to Eagan residents regarding the updated draft noise contours, a newsletter article will appear in the next Experience Eagan, and a Your Town News segment is also being prepared. Low Frequency Noise On Tuesday, February 3, 2004, 1, along with Airport Relation Commissioners Bruno DiNella and Stephen Nierengarten participated in a tour of Orfield Laboratories with representatives from the City of Richfield, Bloomington, and Mendota Heights. The City of Richfield is considering using Orfield Laboratories to acquire baseline measurements to determine the level of low frequency noise (LFN) currently in their community. The measurements would be used to compare the LFN prior to the opening of Runway 17/35 to the assumed increase in LFN following the opening of Runway 17/35. As explained by Orfield Laboratory representatives, LFN causes the rumbling and rattling noise often experienced by people when flights either fly over their home, or are preparing for takeoff. The City of Richfield will be further considering whether to undertake a comprehensive study on the effects of LFN, and if they choose to do so, plan to seek support from the other communities adjacent to the MSP Airport, including Eagan. The issue of LFN as of late has received greater attention at the Federal level. Currently, the FAA's Center for Excellence is pursuing a study on the effects of LFN. However, despite the studies, LFN is not currently included as a variable in the FAA's Part 150 noise model. I will be in contact with you if I hear any more from the City of Richfield regarding their plans to study LFN. If you have any questions about the LFN study or the draft 2007 contours, please feel free to contact me. n CQ Assistant to the City Administrator rye i Sti ~ , c. I_ i ; , I r V I I _ r e tl`T , , i I II p I r ' ~ in , - - - - An P, I o r I I l I' V t \ a = - I ~ vs I ti j av "fill 10 CL, o r cc _ .1 z o a CL- L I N ~ Q l.. On r ' L I I h_ a ~I I I I I r p I f , I , I i i I { , I ~ I I L I l~ Ii lFi, AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER FEBRUARY 17, 2004 1. CALL TO ORDER II. ADOPT AGENDA III. APPROVE MINUTES IV. OLD BUSINESS V. NEW BUSINESS A. Resolution Approving Purchase Agreement for City Acquisition of Property for Redevelopment, Northeast Eagan Redevelopment District, Mary Imre/TMI Coatings Property, 2805 and 2809 Dodd Road, and Related Stipulations and Relocation Agreements ~.$`V'I. OTHER BUSINESS /T VII. ADJOURNMENT Agenda Information Memo Eagan Economic Development Authority Meeting February 17, 2004 1. CALL TO ORDER ACTION TO BE CONSIDERED: To recess the regular City Council meeting and convene a meeting of the Economic Development Authority. II. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. III. APPROVE MINUTES ACTION TO BE CONSIDERED: To adopt a resolution approving the minutes of the January 20, 2004 EDA meeting as presented or modified. ATTACHMENTS: • Enclosed on page 11W is a copy of the minutes of the January 20, 2004 EDA meeting. • Enclosed on pages (5O is a copy of the resolution approving the minutes of the January 20, 2004 EDA meeting. j47 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 20, 2003 A meeting of the Eagan Economic Development Authority was held on Tuesday, January 6, 2004 at the Eagan Municipal Center. Present were President Geagan and Commissioners Carlson, Fields, and Maguire. Also present were Executive Director Tom Hedges, City Planner Mike Ridley, Director of Public Works Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk McGarvey. ADOPT AGENDA Commissioner Tilley moved, Commissioner Maguire seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a resolution approving the minutes of the January 6, 2004 EDA meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION Community Development Director Hohenstein made a presentation regarding the restated development agreement relating to Tax Increment Financing District No. 1. Commissioner Fields moved, Commissioner Maguire seconded a motion to approve a Resolution Approving Amended and Restated Development Agreement Relating to Tax Increment Financing District No. 1 Between the Eagan Economic Development Authority and U.S. Home Corporation. Aye: 5 Nay: 0 NEW BUSINESS PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING PRELIMINARY REDEVELOPMENT, PURCHASE OPTION AND FIRST REFUSAL AGREEMENT BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND UNITED PROPERTIES Commissioner Fields moved, Commissioner Maguire seconded a motion to continue consideration of a Resolution Approving Preliminary Redevelopment, Purchase Option and First Refusal Agreement Between the Eagan Economic Development Authority and United Properties to the February 3, 2004 EDA meeting. Aye: 5 Nay: 0 ADJOURNMENT Commissioner Maguire moved, Commissioner Tilley seconded a motion to adjourn the meeting at 11:45 p.m. Aye: 5 Nay:0 Date Executive Director 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, (612) 681-4600 (TDD phone: (612) 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. 1449 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE JANUARY 20, 2004 REGULAR MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the January 20, 2004 regular meeting of the Eagan Economic Development Authority. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 17th day of February, 2004. Jon Hohenstein, Secretary/Deputy Executive Director 150 Agenda Memo Eagan Economic Development Authority Meeting February 17, 2004 A. RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT, NORTHEAST EAGAN REDEVELOPMENT DISTRICT, MARY IMRE/TMI COATINGS PROPERTY, 2805 AND 2809 DODD ROAD, AND RELATED STIPULATIONS AND OCCUPANCY AGREEMENTS. ACTION TO BE CONSIDERED: To approve resolution approving the purchase agreement and related stipulations and occupancy agreement for City acquisition of the Mary Imre/TMI Coatings Property at 2805 and 2809 Dodd Road in the Northeast Eagan Redevelopment District for redevelopment purposes. FACTS: • As a part of the Northeast Eagan Redevelopment District activities, the EDA and City Council previously authorized staff to pursue the acquisition of the Mary Imre property at 2805 and 2809 Dodd Road, also known as the TMI Coatings property. • The City Attorney and staff have concluded negotiations with the property owner and affected tenants at this time and are presenting a proposed purchase agreement and occupancy agreement for consideration by the EDA and Council at this time. If approved the agreement contemplates a closing on the property on March 31, 2004. • Under the terms of the purchase agreement, the City will acquire the property at a cost of $2.6 million. The property will be resold to Interstate Partners at the same price, under the terms outlined in the City's predevelopment agreement with that company. • Under the terms of the relocation agreements, the tenants will receive the relocation benefits required by law. It is anticipated that all tenants will vacate the property on or about the closing date, except for TMI Coatings, which will continue to lease a portion of the property under an occupancy agreement for a period of time as the company secures and improves a new location for its business. In no case will TMI occupy the property for more than three years from the date of closing. An incentive rent structure is included in the relocation and lease agreement to ensure that the company moves to a different location at the earliest possible date. In addition, the City is working with representatives of TMI to attempt to locate property within the City that could be developed or retrofitted to meet its needs. • Upon the property's resale to Interstate Partners and its development, it will accommodate approximately 130,000 s.f of additional office development representing the final phase of the Grand Oaks Business Park. is~ Agenda Memo Eagan Economic Development Authority - Imre Property February 17, 2004 ATTACHMENTS: • Resolution on page • The purchase and occupancy agreements are available for review at City Hall. is a EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT FOR MARY IMRE PROPERTY LOCATED AT 2805 AND 2809 DODD ROAD AND RELATED STIPULATIONS AND OCCUPANCY AGREEMENTS BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the purchase agreement with Mary Imre for the real estate at 2805 and 2809 Dodd Road in the Northeast Eagan Redevelopment Area Located in TIF District No. 2-4 and related occupancy agreements and stipulations. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 17th day of February, 2004. Jon Hohenstein, Secretary/Deputy Executive Director ls3 Agenda Information Memo Eagan Economic Development Authority Meeting February 17, 2004 VI. OTHER BUSINESS There is no other business to come before the EDA at this time. VII. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Commission meeting and reconvene the City Council meeting. J~ Agenda Memo Eagan City Council Meeting February 17, 2004 X. OTHER BUSINESS A. RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT, NORTHEAST EAGAN REDEVELOPMENT DISTRICT, MARY IMRE/TMI COATINGS PROPERTY, 2805 AND 2809 DODD ROAD, AND RELATED STIPULATIONS AND OCCUPANCY AGREEMENTS. ACTION TO BE CONSIDERED: To approve resolution approving the purchase agreement and related stipulations and occupancy agreements for City acquisition of the Mary Imre/TMI Coatings Property at 2805 and 2809 Dodd Road in the Northeast Eagan Redevelopment District for redevelopment purposes. FACTS: • As a part of the Northeast Eagan Redevelopment District activities, the EDA and City Council previously authorized staff to pursue the acquisition of the Mary Iinre property at 2805 and 2809 Dodd Road, also known as the TMI Coatings property. • The City Attorney and staff have concluded negotiations with the property owner and affected tenants at this time and are presenting a proposed purchase agreement and occupancy agreement for consideration by the EDA and Council at this time. If approved the agreement contemplates a closing on the property on March 31, 2004. • Under the terms of the purchase agreement, the City will acquire the property at a cost of $2.8 million. The property will be resold to Interstate Partners at the same price, under the terms outlined in the City's predevelopment agreement with that company. • Under the terms of the relocation agreements, the tenants will receive the relocation benefits required by law. It is anticipated that all tenants will vacate the property on or about the closing date, except for TMI Coatings, which will continue to lease a portion of the property under and occupancy agreement for a period of time as the company secures and improves a new location for its business. In no case will TMI occupy the property for more than three years from the date of closing. An incentive rent structure is included in the relocation and lease agreement to ensure that the company moves to a different location at the earliest possible date. In addition, the City is working with representatives of TMI to attempt to locate property within the City that could be developed or retrofitted to meet its needs. • Upon the property's resale to Interstate Partners and its development, it will accommodate approximately 130,000 s.f. of additional office development representing the final phase of the Grand Oaks Business Park. ~ 5~ Agenda Memo Eagan City Council Meeting - Other Business February 17, 2004 FACTS (Continued): • This action must be considered by the EDA and the City Council. If the EDA adopts the resolution in this regard, its consideration will be in order for the City Council as well. ATTACHMENTS: • Resolution on page J~ • The purchase and occupancy agreements are available for review at City Hall. 41 CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT FOR MARY IMRE PROPERTY LOCATED AT 2805 AND 2809 DODD ROAD AND RELATED STIPULATIONS AND OCCUPANCY AGREEMENTS BE IT RESOLVED by the Eagan City Council to approve the purchase agreement with Mary Imre for the real estate at 2805 and 2809 Dodd Road in the Northeast Eagan Redevelopment Area Located in TIF District No. 2-4 and related occupancy agreements and stipulations. Motion by: Second by: Those in Favor: Those Against: 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 in a regular meeting thereof assembled this 17th day of February, 2004. Maria Petersen, City Clerk '51