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04/05/2005 - City Council Regular AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING April 5, 2005 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8:00 p. m. the Council will lake a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA ~. A. APPROVE MINUTES ~ Z B. PERSONNEL ITEMS ~j~s C. CHECK REGISTERS / ~b D. ADOPT National Incident Management System E. SCHEDULE Public Hearing for Certification of Delinquent Utility Bills on May 3, 2005 ~~ F. SCHEDULE Public Hearing for Certification of Delinquent False Alarm Bills on May 3, 2005 ~ ~G. APPROVE Resolution Accepting $5,000 Donation from Thomson West for purchase of fire equipment ~a~ H. APPROVE Change Order No. 1 to the Contract with Pierce Manufacturing, Inc. for the Fire Department Pumper/Tanker tl ~yI. APPROVE Final Plat - Bachman's Eagan Addition - A Final Plat of approximately 6.45 acres to create 1 lot on the property located at 2345 Terminal Drive in the NE '/. of Section 8 tl p7~ J. APPROVE Amendment of Minutes of March 1, 2005 City Council Meeting, Star Pipe Products / Conditional Use Permit, 3160 Neil Armstrong Blvd., regarding location of privacy fence ~ja ~ K. APPROVE Final Subdivision and Planned Development-Clubview Addition (j ~ M. APPROVE Temporary On-Sale Liquor License for the Twin Cities Good Time Softball League 3~ N. APPROVE Waiver of Fee for Temporary On-Sale Liquor License for the Eagan Foundation 3 3 O. RATIFICATION of a Memo of Understanding between neighboring cities to jointly apply for an Edward Byrne Memorial Justice Grant (JAG) to support the Dakota County Drug Task Force p3~' P. APPROVE Final Payment and Authorize City Maintenance of Contract 04-11 (Holz Farm Park - Utility Services) ~p 36Q. APPROVE Change Order No. 11, Contract 03-09 (Water Treatment Plant) /b37 R. APPROVE Municipal State Aid Route Designations •f 3ej S. RECEIVE Petition and Authorize Feasibility Report for Project 922 (Lone Oak Drive and Lone Oak Parkway -Sidewalk Improvements) P 1,'~T. RECEIVE Petition and Schedule Public Hearing for Public Easement Vacation for Lots 4 & 5, 1 ` Block 1, Halley's First Addition /01{,SU. APPROVE Summer Promotional Fees for Eagan Community Center. 1,,,~ ~V. APPROVE Application for Exempt Permit for Pinewood PTA to hold a Raffle on May 1, 2005 tr 4 ~ W. APPROVE Application for Exempt Permit for the Eagan Ducks Unlimited Chapter 181 to hold a Raffle on April 28, 2005 COX. APPROVE Final Subdivision- Sycamore Place- A Final Subdivision of 9 lots located at the North end of Sycamore Court in the SE 1/4 of Section 36. ~S~Y. APPROVE Tobacco License for Phuong Nguyen to Sell Tobacco Products at 1565 Cliff Road, Suite 18 & 19. Os3 Z. APPROVE 2005 Tree Maintenance Contractor License for Tom's Tree Service AA. APPROVE 2005 Tree Maintenance Contractor License for Wright Tree Service, Inc. !J'BB. APPROVE 2005 Tree Maintenance Contractor License for Outdoor Specialties ~6CC. WAIVE Community Center Rental Fees for the Miss Eagan pageant during the 4`s of July P Celebration Festivities PsgDD. ADOPT a Resolution Supporting the Proposed Revised NPDES Phase II, MS4 General Permit V. PUBLIC HEARINGS / O A. VARIANCE -James Barton Design Build, Inc. - A Variance of 2.5' to the required 10' side yard G set back for an addition to the house located at 1299 Carlson Lake Lane on Lot 1, Block 5, Wilderness Run 4`s Addition in the NW '/< of Sec. 27 ~~ B. PROJECT 778, State Highway 149 (Highway 55 to Rich Valley Boulevard, Street and Trail Improvements) VI. OLD BUSINESS VII. NEW BUSINESS b A. CONDITIONAL USE PERMIT and VARIANCE -Best Brands Corp. - A Conditional Use Permit for outside storage of flour silos. A Variance for the silos to exceed the maximum structure height of 40 feet at 1765 Yankee Doodle Road in the SE '/< of Sec. 8 ~~ B. PLANNED DEVELOPMENT AMENDMENT -Interstate Partners (Grand Oak Five) A Planned Development Amendment to allow a redistribution of 140,000 sq. ft. of office space and approval of a uniform building signage plan at Hwy. 55 and Dodd Road located in the SE '/< of Sec. 2 r ~~ C. REZONING, PRELIMINARY PLANNED DEVELOPMENT, PRELIMINARY SUBDIVISION -Toll Brothers (Steeplechase of Eagan -former Diamond T Ranch) To be continued to the April 19, 2005 City Council meeting VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads XII. ECONOMIC DEVELOPMENT (There are no business items at this time) The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA') may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURNMENT X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT XII. EXECUTIVE SESSION 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. City of Ea~au Nano To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: APRIL 1, 2005 Subject: AGENDA INFORMATION FOR APRIL 5, 2005 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the Apri15, 2005 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 5, 2005 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 March 15, 2005 regular City Council meeting, the March 14, 2005 special City Council meeting and the March 8, 2005 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the March 15, 2005 regulaz City Council meeting aze enclosed on pages through S . • Minutes of the March 14, 2005 special City Council meeting aze enclosed on pages through 7 • Minutes of the March 8, 2005 special City Council meeting are enclosed on pages through ~. a MINUTES OF A REGULAR MEETING OF THE ~~./R EAGAN CITY COUNCIL ~ FT Eagan, Minnesota March 15, 2005 A Listening Session was held March 15, 2005 at 6:00 prior to the regular City Council meeting. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on March 15, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, and Maguire. Councilmember Tilley was absent due to a death in her family. 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 Pepper. AGENDA Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the March 1, 2005 regular City Council meeting, as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Nicole Cook as a Code Enforcement Tech in the Community Development Department. 2. It was recommended to approve the hiring of Amber Geske and Kathy Keller as part-time seasonal pre-school instructors. 3. It was recommended to approve the hiring of Danny Classic as a part-time fitness attendant at the Community Center. 4. It was recommended to approve the Collective Bargaining Agreement between the City of Eagan and the Law Enforcement Labor Services, Inc., Local No. 170 -Police Officers (EELS) for 2004 and 2005. C. Check Registers. It was recommended to ratify the check registers dated March 3, 2005 and March 10, 2005 as presented. D. Issuance of Refunding Bonds. It was recommended to approve the resolution acknowledging issuance of refunding bonds by the Dakota County Community Development Agency -refunding Eagan General Obligation, Eagan Senior Housing Facility, Series 1997 bonds. E. Contract OS-0l . It was recommended to award Contract OS-01 (Windcrest /Walden Heights /Thomas Lake Heights / St. Francis Woods Additions -Street Improvements), to Northwest Asphalt, Inc., for the base bid in the amount of $767,144, and authorize the Mayor and City Clerk to execute all related documents. F. Contract OS-02. It was recommended to award Contract OS-02 (Ridgecliffe /Berkshire Ponds /Cinnamon Ridge Additions /Coachman Road -Street Improvements), to McNamara Contracting, Inc., for the base bid only in the amount of $812,786, and authorize the Mayor and City Clerk to execute all related documents. G. Final Subdivision (Awad Addition). It was recommended to approve a Final Subdivision (Awad Addition) of 2.9 acres to create 2 single family lots for property located at 2150 James Street, in the SW '/. of Section 31. H. Grant Application. It was recommended to approve submission of a DNR grant application to enhance Thresher Fields, and authorize the Mayor's signature to sign the Local Government Resolution and the Letter of Commitment required as part of the application. I. Previously pulled due to incomplete information. J. Amendments to Telecommunications Lease Agreements. It was recommended to approve the Amendments to telecommunication lease agreements with Verizon Wireless, Inc., for the Safari, Southern Lakes, Diffley, Deerwood, and Yankee Doodle Reservoirs and authorize the Mayor and City Clerk to execute all related documents, subject to final payment of all processing fees. K. Proiect 800R. It was recommended to receive the Final Assessment Role for Project 800R (Cedar Grove Access Modifications) and schedule a Public Hearing for April 19, 2005. L. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial of a request for a Planned Development Amendment to change the building materials and alter the 3 Eagan City Council Meeting Minutes March 15, 2005 Page 2 ~RaFr architectural features of the office condos at Birchwood Office Park located west of I-35E north of Yankee Doodle Road and East of Marice Drive, in the S W %4 of Section 10. M. Renewal of Consumption and Display Permit. It was recommended to approve the renewal of a Consumption and Display (Set Up) Permit application for Parkview Golf Course located at 1310 Cliff Road. N. Renewal of Consumption and Display Permit. It was recommended to approve the renewal of a Consumption and Display (Set Up) Permit application for Grand India Restaurant located at 1260 Town Centre Drive. O. Tree Contractor License. It was recommended to approve the tree contractor license for Tree Tech, Inc., 13849 Euclid Court, Apple Valley. P. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for the Eag:in Foundation. Q. Tempor~~ry On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. R. Contract OS-06. It was recommended to approve the plans and specifications for Contract OS-06 (I-35E Crossing / Pearlmont Heights/ Quarry Park -Trunk Water Main Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 14, 2005. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the consent agenda as presented. Aye:4 Nay:O PUBLIC HEARINGS VARIANCE -RICHARD RINGOLD City Administrator Hedges introduced this item regarding a request for a four foot Variance to the 50 foot building setback from the Orcl inary High Water Level of Thomas Lake for property located at 1477 Lake Park Circle. City Planner Ridley gay . a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a four foot Variance to the 50 foot building setback from the Ordinary Higli Water Level of Thomas Lake for property located at 1477 Lake Park Circle in the SE '/< of Section 28, subject to the following conditions: Aye: 4 Nay: 0 I. If ~vitl ~ in one year after approval, the variance shall not have been completed or utilized, it shall becor.. ~ null and void unless a petition for extension has been granted by the Council. Such extension shall bz 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 i~.,provements of the porch shall not encroach more than four feet on the Ordinary High Water Level of Thomas Lake (as indicated on the site plan). CAPONI PROPERTY ACQUISITION City Administrator i ledges noted that the closing on the Caponi property had occurred today. NEW RUNWAY /AIRPORT UPDATE Assistant to the Cite Administrator Miller provided an update on the runway /airport issue and discussed correspondence to ~,~e Eagan Congressional Delegation to support correspondence from Congressman Sabo with regard to the MAC Part 150 submittal. Councilmember Fields moved, Mayor Geagan seconded a motion to approve correspondence to the Eagan Congressional Delegation to support correspondence from Congressman Sabo with regard to the MAC Part 150 Eagan City Council Meeting Minutes March 15, 2005 Page 3 RAFT submittal as well as a letter from the City Council to Marion Blakley, FAA Administrator, and Norman Mineta, Secretary of Transportation. Aye: 4 Nay: 0 It was the consensus of the Council to proceed with a Request for Proposal for a baseline monitoring system. LEGISLATIVE/INTERGOVERNMENTAL AFFAIliS UPDATE City Administrator Hedges discussed a meeting with members of the Legislature that he and Mayor Geagan attended regarding the Salary Cap Repeal (HF 0995) and the "Turbo Charged" Truth in Taxation (SF 1455) issues that are currently under consideration. ADMINISTRATIVE AGENDA REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update regarding the City's redevelopment districts. Councilmember Fields moved, Councilmember Maguire seconded a motion to recess the regular City Council meeting and immediately convene a meeting of the Economic Development Commission at 6:50 p.m. The regular City Council meeting was reconvened at 6:55 p.m. Councilmember Fields moved, Councilmember Maguire seconded a motion to recess the regular City Council meeting at 7:00 for an Executive Session. The regular City Council meeting was reconvened at 8:55 p.m. Councilmember Fields moved, Councilmember Maguire seconded a motion to participate in litigation with the City of Minneapolis to enforce the Part 150 Program. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Carlson seconded a motion to adjourn the regular City Council meeting at 9:00 p.m. Aye: 5 Nay: 0 Date Administrative Secretary /Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. ~.... DRAFT MINUTES SPECIAL CITY COUNCIL MEETING MONDAY, MARCH 14, 2005 5:30 P.M. EAGAN CITY HALL -EAGAN ROOM A Special City Council meeting was held on Monday, March 14, 2005 at 5:30 p.m. to meet with the Advisory Parks and Recreation Commission to receive an update on the 2020 Vision Plan lead by the City's consulting team, which included Bill Bechner, Anne Meier and Jerry Meier. Those present were Mayor and City Councilmembers. Meg Tilley was absent due to a family illness. Members of the Parks and Recreation Commission include Margo Danner, Dorothy Peterson, Terry Davis, Mark Filipi, Joe Bari, Richard Pletcher and Duane Hansen. Staff included Cherryl Mesko, Jeff Asfahl, Gregg Hove, Eric Macbeth and Tom Hedges. PARKS AND OPEN SPACE STANDARDS The consultant shared parks, recreation and open space classification and standards stating that the City of Eagan shows an open space supply of 71.6 acres per thousand of population which is compared to the national standard for all types of open space of 30 acres per thousand of population. The consultant facilitated a classification discussion presenting comments on neighborhood commons, neighborhood parks, community athletic fields, linear parks, conservancy areas, cultural historical sites and provided a recommendation that the City eliminate neighborhood commons, linear park and conservancy area classifications from the 1994 Parks Systems Plan. TRAILS UPDATE The Consultant Ann Meier presented a number of documents relative to the preliminary trail development plan. She reviewed a map that addresses the City of Eagan bikeway network concepts, type of bikeways, and applications and guidelines for bikeway facility design. There were comments and interaction about the use of bikeway trails as a connection to transit sites. NORTHEAST EAGAN The consultant also provided an evaluation of the Northeast Eagan Study Area. He stated that if the property should be reclassified for residential use, there would need to be a direct ratio between density and natural resources and stated further than the best residential use would be low density for that purpose. He further commented that Northeast Eagan is void of parkland dedication; however, there are certainly opportunities for the developer and large corporations, 6 DRAFT such as Ecolab and Northwest Airlines, to create a unique park-like development. He further stated that a cluster of homes would allow for a smaller footprint which preserves the natural resources. THRESHER FIELDS The consultant stated that their study group has one suggested use for Thresher Fields, which is a demonstration reclamation plat. He stated that a demonstration reclamation plat would be a new concept to the community and allow residents to use Thresher Fields for a learning opportunity. There were a number of questions/comments made by members of the City Council and Advisory Parks and Recreation Commission regarding the data that was presented by the consulting team. In summary, the consultant BiII Bechner stated that one page issue statements will be presented to the City Council and APrC in April for review before a final report is prepared for consideration. OTHER BUSINESS There being no other business, the Special City Council meeting was adjourned at 6:45 p.m. with Mayor Geagan thanking members of the APrC for their commitment to the Parks System Plan Update. MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 8, 2005 5:30 P.M. EAGAN CITY HALL - EAGAN ROOM City Councilmembers present: Mayor Geagan, Councihnembers Carlson, Fields, Maguire and Tilley. City staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Director of Communications Garrison, Assistant to the City Administrator Miller, Police Lieutenant Johnson, Police Officer Ruby, Dispatch Supervisor Ruby, City Planner Ridley, Police Lieutenant Pike, Police Chief Therkelsen, Public Works Director Colbert, and Community Development Director Hohenstein. I. ROLL CALL AND ADOPTION OF AGENDA Councilmember Fields requested that the City Council discuss, under Other Business, some recent issues that have occurred at the Community Center. Councihnember Maguire moved; Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. CONSIDER MAINTENANCE AND OPERATING AGREEMENTS / CAPONI PROPERTY City Administrator Hedges introduced the item noting that the City approved six of the eight necessary agreements providing for acquisition of the Caponi property and creation/operation ofthe Caponi Art Park at the Mach 1, 2005 City Council meeting. Hedges noted that per the direction of the City Council, the City Attorney has been working with the attorneys for the Caponi Art Park and the Caponis to finalize the language in the Maintenance and Operating Agreements in order that both agreements are consistent with the requests of the Caponi Subcommittee. It was noted that the Caponi Subcommittee met prior to this workshop and modifications to the agreements were satisfied according to the Subcommittee. Mayor Geagan thanked Councilmembers Maguire and Carlson for their hard work as Subcommittee members. Councihnember Fields moved; Councilmember Tilley seconded a motion to approve the Maintenance and Operating Agreements providing for acquisition of the Caponi property and creation/operation ofthe Caponi Art Park subject to City Attorney and City Administrator satisfaction that all City Council conditions are satisfied. Aye: 5 Nay: 0 8 IV. REVIEW SCOPE OF SERVICES FOR 20-YEAR TRANSPORATION PLAN City Administrator Hedges introduced the item noting that on February 1, 2005, the City Council ratified the 2005-2006 City Council Goals, which included the goal of securing funding sources to expand the City's transportation infrastructure to meet the transportation needs of the community. Hedges added that in response to the City Council's goal, the Public Works Department has requested a proposal from SRF Consulting Group for the prepazation of a 20- year transportation infrastructure needs analysis. Public Works Director Colbert summarized the scope of the request for proposal from SRF. The City Council discussed the scope of the analysis and noted that additional discussion would be had at the May 10 City Council workshop. Public Works Director Colbert also noted that the document would be shared with Dakota County. Councihnember Fields moved; Councilmember Tilley seconded a motion to approve the scope of services by SRF Consulting Group, Inc. and authorized the preparation of a 20-yeaz transportation infrastructure needs analysis. Aye: 5 Nay: 0 V. REVIEW OFF-SALE LIQUOR LICENSE OPTIONS City Administrator Hedges introduced the item noting that since October of 2004, staff has been working to review the City's regulations with respect to the issuance of off-sale liquor licenses. Information was prepazed for the Council's consideration at the January 11, 2005 Special City Council meeting. At the January 11 meeting, staff was further directed to develop a list of options for restricting the issuance of licenses and to discuss these options with the 14 existing license holders to obtain their feedback. Hedges noted that such a meeting took place, at which 8 of the 14 establishments were represented. Hedges also added that a letter was sent to all license holders regazding the Council's discussion tonight with regazd to the off-sale liquor license options. Mayor Geagan recognized the audience members in attendance to discuss the options. Director of Administrative Services VanOverbeke reviewed the recommendations that were shazed with the license holders as well as provided a summary of the practices of other municipalities. VanOverbeke added that City staff has heazd from 10 of the 141icense holders with regazd to the options. The City Council discussed the various options, the history behind the issue, and heazd from license holders in attendance at 'the workshop. Upon hearing the input of the license holders in attendance, there was City Council consensus to direct staff to do further reseazch on zoning/land use methods that could be used to regulate the number of liquor licenses. The Council also requested that staff provide their input as to the pros/eons of the options available. The Council also asked that staff go back to the license holders to get their input on the suggested recommendations. 9 Director of Administrative Services VanOverbeke noted that the moratorium on the issuance of liquor licenses concludes on October 15, 2005. City Administrator Hedges noted that this item would be scheduled for an upcoming workshop. VI. URBAN WILDLIFE ISSUES City Administrator Hedges introduced the item noting that urban coyote sightings have increased within the City of Eagan over the past two years. It was noted that a small number of attacks on domestic pets have been attributed to coyotes. Hedges added that according to the Minnesota Department of Natural Resources, there has never been a recorded instance of a human being attacked by a coyote in Minnesota. Police Chief Therkelsen and Police Lieutenant Johnson provided an overview on the issue, including the history of the problem, efforts to reduce conflicts through education and awareness, considerations for active control measures, control alternatives and related legal issues. Lieutenant Johnson also summarized some of the recommendations and concerns that have been voiced by Eagan residents. The City Council discussed the various control measures available. There was City Council consensus that the Council should be kept aware of how other communities are addressing issues of coyotes; however, the City Council chose to be kept appraised of any issues with regards to coyotes, but elected to take no action. The City Council also directed staff to do the necessary work to prepare changes to the ordinance in the event that the ordinance would need to be amended to address coyote control measures. VII. 800 MHz /JOINT DISPATCH DISCUSSION City Administrator Hedges introduced the item noting that the Metropolitan 800 MHz Radio System is being expanded to accommodate Dakota County public safety and public works agencies. Hedges also added that through the Dakota County High Performance Partnership (HiPP) process, elected and appointed officials have begun discussions focused on service levels, governance, cost sharing and fiscal matters. Police Chief Therkelsen briefed the City Council on the current status of the 800 MHz project and PSAP discussions. The Chief noted that City Council action maybe necessary some time between the months of April and June of 2005. The City Council discussed the Dakota County 800 MHz Public Safety Radio Project status, including the issue of dispatch consolidation. It was noted that no specific action or direction is needed at the workshop tonight; rather, the issue will be brought back for further discussion at a coming workshop. VIII. AGRICULTURAL ZONING DISCUSSION City Administrator Hedges introduced the item noting that at a workshop in late 2004, the City Council directed staff to review options associated with preserving agricultural zoned land. ~d Community Development Director Hohenstein provided an overview of the reseazch that has been done with regard to preserving agricultural zoned land. He added that it maybe appropriate to research or develop additional information regarding other options for green space preservation, tax base impacts of the options or other factors that would clarify the best strategies to accomplish the Council's purpose relative to green space preservation. The City Council discussed their desires with regard to agricultural preserves and green space preservation. The City Council discussed how the preservation of green space fits into the Comp Guide Plan. The Council also discussed sub-classifications of parks, e.g. Eagan Core Greenway. Staff noted that they would continue their research based on the additional direction and discussion of tonight's workshop. IX. CEDAR GROVE REDEVELOPMENT UPDATE There was City Council consensus that since the City Council was updated last week regarding developments in the Cedaz Grove Redevelopment areas, no further updates were needed at tonight's workshop. X. REVIEW 2005-2006 CITY COUNCIL GOALS AND WORK PROGRAM City Administrator Hedges introduced the item noting that per the request of the Council at their January 20-21, 2005 goals retreat, an update on the Council's goals and work directives would be provided at the first workshop of each month. Hedges added that in addition to keeping the Council up to date on the progress being made on each of the goals and directives, the purpose of the monthly goals/work directives is also to provide an opportunity for the Council to discuss or inquire about any of the specific items. City Administrator Hedges summarized the goals and work directive updates and provide an update on future work session items. XI. OTHER BUSINESS The City Council discussed the need for a Community Center Operations Committee meeting to review revisions to the Community Center Policies. Parks and Recreation Administrative Coordinator Mesko noted that an Operations Committee meeting would be scheduled in the eazly part of April. XII. ADJOURNMENT The City Council workshop adjourned at 8:38 p.m. // Agenda Information Memo Apri15, 2005 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Police Officers- ACTION TO BE CONSIDERED: To approve the hiring of Brian Boekhoff, Daniel Roseth and Robbe Waller as Police Officers for the City of Eagan. Item 2. Employee Transfer- ACTION TO BE CONSIDERED: To acknowledge the internal transfer of Linda Dralle, Clerical Tech III, to Systems Technician. Item 3. Part-time Seasonal Lifeguard Supervisors/Cascade Bay- ACTION TO BE CONSIDERED: To approve hiring of Christopher Ahrens and Molly Towle as apart-time seasonal Lifeguard Supervisors for Cascade Bay. Item 4. Part time Seasonal Guest Relations Supervisor/Cascade Bay- ACTION TO BE CONSIDERED: To approve the hiring of Michael Mason and Elisa Swenson as apart-time seasonal Guest Relations Supervisor for Cascade Bay. Item 5. Part-time Seasonal Lifeguards/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Jennifer Berkopec, Brian Boufford, Jamie Boufford, Corey Burns, Lindsay Childs, Kelly Colbert, Kelly Craven, Nick Csargo, Nathan Dunn, Shawna Forschen, Brittany Genelin, Emily Harvey, Lisa Kleinschmidt, Becky Kaufman, Cody Knutson, Elyse Kyro, Taylor Lamski, Danelle Larson, Nicole Litzner, Megan Lostetter, Elizabeth Luke, Sarah Luke, Katlin Marko, Maria Melcher, Lauren Michelsen, Ben Millmann, Scott Mott, Mike Nord, Jessica Ofstedahl, Jackie Peters, Ryan Ruzicka, Kelly Schaffer, Blair Smith, Erica Somers, Sara Swanson, Anne Weston, Meggan Wier, Jennifer Woelfel, Jill Woelfel and Alex Wright aspart- time seasonal lifeguards for Cascade Bay. /,2 Agenda Information Memo April 5, 2005 Eagan City Council Meeting Item 6. Part-time Seasonal Guest Relations Workers/Cascade Bay- ACTION TO BE CONSIDERED: To approve the hiring of Amanda Barse, Mallory Berg, Mark Bresher, Michael Dunn, Michael Eilers, Nicholas Eilers, Kevin Eldridge, Ashley Germond, Eric Holmay, Matt Johnson, Andy Lund, Bailey Meiklejohn, Courtney Peterson, Molly Rodgers, Eric Starnes, Erinn Swinton, Chester Teich, Salena Tumini and Ashley Weninger as part-time seasonal guest relations workers for Cascade Bay. Item 7. Part-time Seasonal Pool Attendants/Cascade Bay- ACTION TO BE CONSIDERED: To approve the hiring of Stefanie Berkopec, Katherine Fink, Nicole Hogenson, Tessa Kleinschmidt, Jamie Lewis, Anne Marascvilo, Elizabeth O'Connell and Emma Weston aspart- time seasonal pool attendants for Cascade Bay. Item 8. Part-time Seasonal Maintenance Worker/Cascade Bay ACTION TO BE CONSIDERED: To approve the hiring of Daniel Streefland as a part-time seasonal maintenance worker for Cascade Bay. Item 9. Part-time Seasonal Program Assistant/Coordinator- ACTION TO BE CONSIDERED: To approve the hiring of Daniel Montague as apart-time seasonal program assistant/coordinator. Item 10. Resignation/Police Officer-- ACTION TO BE CONSIDERED: To acknowledge the resignation of Police Officer Thomas Weinzettel. Item 11. Retirement/Streets Maintenance Worker- ACTION TO BE CONSIDERED: To acknowledge the retirement of Michael Marxer, a 30-year employee in Streets Maintenance. /3 Agenda Information Memo Apri15, 2005 Eagan City Council Meeting Item 12. Administrative Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Gene Walz as an Administrative Intern. FACTS: • Due to some staff vacancies and reductions in staff hours, there is a need for additional reseazch and project support for all depaztments, including the need for grant writing assistance, policy research and design, and survey work. • It is proposed that Ms. Walz be hired as an hourly employee for a period of one- yeaz (June 2005-June 2006). • While the intern position will report to the City Administrator's office, the position will provide support to all departments within the City. • Ms. Walz is currently completing her coursework for a Master's Degree in Public Administration (MPA) at the University of Kansas. Her one-yeaz internship for the City would satisfy the internship requirement for her MPA degree. /~ Agenda Information Memo Apri15, 2005 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 17, 2005, March 24, 2005 and March 31, 2005 as presented. ATTACHMENTS: • Check registers dated March 17, 2005, March 24, 2005 and March 31, 2005 are enclosed without page number. /S Agenda Information Memo Apri15, 2005 City Council Meeting D. Adoution of National Incident Management System ACTION TO BE CONSIDERED: Adopt resolution endorsing the concept and use of the National Incident Management Systems (NIMS). FACTS: • All government agencies that provide emergency services are encouraged to adopt the NIMS System. Through adoption of the NIMS System, when working with any other NIMS trained emergency responders, everyone has a common understanding of the structure and duties that need to be accomplished. • NIMS provides for standardization of procedures, terminology, and goals that need to be addressed in any large critical incident particularly when they involve multiple agencies or political entities. • Certification and adoption of NIMS Standards & Training is a prerequisite for the application of many federal grant and funding programs. • Nearly all training that is required for NIMS compliancy is provided at low or no cost to agencies who have adopted the NIMS System. ATTACHMENTS: Resolution adopting the National Incident Management System for the City of Eagan is enclosed on page ~. /6 Designation of the National Incident Management System (NIMS) As the Basis for All Incident Management in the City of Eagan Whereas, the President, in Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System(NIMS), which would provide a consistent nationwide approach for federal, state, tribal and local governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; Whereas, the collective input and guidance from all federal, state, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; Whereas, it is necessary and desirable that all City of Eagan agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; Whereas, to facilitate the most efficient and effective incident management, it is critical that Federal and City of Eagan organizations utilize standard terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform planning, training, and exercising standards, comprehensive resource management, and designated incident facilities during emergencies or disasters; Whereas, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the City of Eagan's ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes. Whereas, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the City of Eagan, including current emergency management training programs; and Whereas, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System; Whereas, the Governor of the State of Minnesota by Executive Order OS-02, February 9, 2005, has designated the NIMS as the basis for all incident management in the State of Minnesota; Now, Therefore the City of Eagan establishes and adopts the National Incident Management System (NIMS) as the city standard for incident management in the City of Eagan. /~ Agenda Information Memo Apri15, 2005 Eagan City Council Meeting CONSENT AGENDA: E. SET PUBLIC HEARING DATE FOR MAY 3, 2005 TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 3, 2005 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: On asemi-annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. /8 Agenda Memo April 5, 2005 CONSENT AGENDA: F. Schedule Public Hearing for Certification of Delinquent False Alarm Bills on May 3, 2005 ACTION TO BE CONSIDERED: To schedule a public hearing for May 3, 2005 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: • On asemi-annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. • The City currently has eight (8) delinquent accounts in the amount of $990. Additional information will be provided at the time of the public hearing. /9 Agenda Information Memo April, 2005, Eagan City Council Meeting G. APPROVE RESOLUTION ACCEPTING $5,000 DONATION FROM THOMSON WEST -FIRE DEPARTMENT-EQUIPMENT ACTION TO BE CONSIDERED: To approve a resolution accepting a $5,000 donation from Thomson West for the purchase of Fire Department equipment. FACTS: • Thomson West approached the City's Fire Department with an application to fill out to request an amount to be determined by Thomson West. • The TLR/West President's Fund chose to support the Eagan Fire Department at the $5,000 level. • The TLR/West Community Partnership Program, established in 1998, exemplifies their ongoing commitment to supporting the communities in which they operate. • The Fire Department is considering the purchase of ventilation equipment for fire suppression. • A thank you letter will be sent to Thomson West. ATTACHMENTS: • Attached on page ~ is a copy of a resolution accepting the gift. ao EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, NIINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on April 5, 2005, at 6:30 p.m. The following members were present: Geagan, Fields and Tilley; and the following were absent: Maguire and Carlson. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Thomson West has offered to donate $5,000 for use by the City of Eagan to purchase equipment for the City's Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Thomson West for the gracious and generous donation. ADOPTED this 5th day of April, 2005. Pat Geagan, Mayor ATTEST: Maria Karels, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. ~/ Agenda Information Memo April 5, 2005, Eagan City Council Meeting H. APPROVE CHANGE ORDER No. l WITH PIERCE MANUFACTURING FOR FIRE PUMPER/TANKER TRUCK) ACTION TO BE CONSIDERED: To approve Change Order No. 1 with Pierce Manufacturing for fire pumper/tanker truck. FACTS: • At the October 5, 2004 City Council meeting the bid award to Pierce Manufacturing for two fire apparatus replacements (fire pumper / pumper tanker trucks) was approved. • Proposed Change Order No. 1 modifies the engine and related alternator size for the pumper/tanker apparatus. • The Eagan Volunteer Fire Department Truck Committee has reviewed the material and is recommending approval of Change Order No. 1. • The City Attorney's office has assisted in the preparation of the Change Order and has approved it as to form. ATTACHMENTS: • Enclosed on page ~ is a copy of Change Order No. 1 with Pierce Manufacturing. a~ Job Number: 16760 Contract Admin; Bons, Jerry Customer: Eagan, City of Ready For Pickup Date: Proposal Change Request Sales Rep: Jay Claret' Creator: Jay Claret' Sales Org. Clayey Safety Equipment, Inc Bid Number: 1086 Date Sent to Pierce: 03/08/05 ._„~ Req Line Date Type PRIDE# Description Qty 1 1 01/24/05 Delete 0068213 Engine, Caterpillar C13 12.5 L, 485 hp, 1650 1 Torque, 2004 I 2 01/24/05 Add 0068146 Engine, Caterpillar C13 12.5 L, 525 hp, 1650 1 Torque, 2004 1 3 01/24/05 Delete 0035726 Alternators, Deal System, 540 amp, 1 Leece-Neville, Series 60 2002, DLX/AXT 1 4 01/24/08 Add 0063137 Alternator, 400 amp Niehofl'C656 DLX/AXT 1 General Comments: Customer Price No Charge No Charge No Charge No Charge 3/8/2005 This Proposal Change Request constitutes a change order for the PumperlTanker fire apparatus ordered by the City of Eagan. IN WITNESS VVI~REOF, the Parties have caused this Proposal Change Request to be duly executed as of the date first above written. PIERCE MANUFACTURING INC. By: Its: City of Eagan, a Minnesota municipal corporation By: Pat Geagan, its Mayor By: Maria L. Petersen, its Clerk 1 a3 Agenda Information Memo Apri15, 2005 Eagan City Council Meeting I. FINAL PLAT BACHMANS EAGAN ADDITIONI -TODD BACHMAN . ACTIONS TO BE CONSIDERED: To approve a Final Plat to combine three tax parcels to create one lot for property located at 3245 Terminal Drive in the NE 1/4 of Section 08. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The subject site is zoned Limited Industrial there is a green house and an out building present. - Currently Bachman's owns three un-platted tax parcels that abut each other. - The final plat will combine the three parcels into one 6.4 acre parcel. - Bachman's plans to construct a warehouse. - All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat on page o~~' a~ 5;° $ s d .. 5e s'e°pp n fi o °m iV as '~5b R 3 I ~ ' a ae>p g°a ~a°i a a o ~3~f E5 ZeS~ ~ _ I° ~"~ ?` ~ dab; ~ Y .§ Ea~2 -,- `° 'e J5 ~ a C as es _= _ ~ °5 r ~~ a: Y ~ 355s ni ~e ; °'g aE eb°e 4 W 5 ~ 5' tl eb .s 'asa as < < ~ ~ ¢7- c . i rs :: 'a W b vb°d E .° s° u 5i -5E9 :°a$ as ~ 5 ~~ B". bo d :~ .. a =I E Si Si°3E Eas ~ I a~SR a zs g~ ° 5 e' ~5 se :ri 5 b4 °y5~ i ~~ fe ~s _.~e o~ g a ~ -s s° ~~ V 5 T5 W _ 6? :s:~ a_sa _ : ` z5>E ay ~ e ~ !i s:.y i~ gg :°~5 5 bb E 9::~ fir:{ aB a 5 >F j i eg E~.sS i .. ° s. :~ `~5, Na .a 3 i •° ° `_ xa s_ _ ° \\ Fa t err ~\ r' ~~ ~ h tl: ~ \ ~ \ \ `~S`• a `` ~ \ ~B~ >~~ ~ ~ _ ,/ r ~~ ~ u ~; 6~ /~~ ~ r W m ~ `~ yy ~~ ~ ~~ / a~ ~ ,• ~ `~ J ~F ~ ~ ~ ~y ~_ ~_ ~ ~ ~. 0 V ,~ cr. r ~ /~~ `~ / ~ o ,~g/ /dry ~~~ r \ t _ / ~ ~s ~"~~~ Qom' _ .~d~ f _. ~ a rt 'J ;°y i i o~P ~ .,+ as ~ Je7 8 / J is ~ .cy, ~\' ~ ~'a^~ ~a7~?' c~' Y ~ ~~ - ~_ 'may $ \ ~~ ,; _ ti ~ I(~ ~.. tea` o' \ ~~~~~'I.S~` > - .- ~ ~, Agenda Information Memo Apri15, 2005 Eagan City Council J. AMENDMENT OF MINUTES FROM 3-1-OS CITY COUNCIL MEETING - STAR PIPE PRODUCTS ACTION TO BE CONSIDERED: To amend the minutes of the March 1, 2005 City Council Meeting by adding condition number seven to reflect the north and west sides of the outdoor storage enclosure to be constructed with a wooden privacy fence. REQUIRED VOTE FOR APPROVAL: Majority of members present. FACTS: - On March 1, 2005, the City Council approved a Conditional Use Permit (CUP) to allow outdoor storage on Lot 5, Block 1, Eagandale Corporate Square for Star Pipe Products. - A neighboring property owner submitted written testimony requesting that the sides of the enclosure facing their property be constructed of wood rather than chain link. - The City Council added a condition seven requiring the north and west sides of the enclosure to be constructed with a wooden privacy fence when approving the CUP. - Condition seven inadvertently did not appear in the minutes ratified by the City Council on March 15, 2005. 60 DAY AGENCY ACTION DEADLINE: N/A ATTACHMENTS: None a6 Agenda Information Memo Apri15, 2005, Eagan City Council Meeting K. FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT (CLUBVIEW ADDITION)-MAX STEININGER ACTIONS TO BE CONSIDERED: To approve Final Subdivision (Clubview Addition) of 5 acres to create 21ots for property located at 3070 Lexington Avenue. To approve Final Planned Development for one office building and a contractors yard with a residential house present with a sunset agreement for Clubview Addition located at 3070 Lexington Avenue. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The City Council approved the Preliminary Subdivision and Preliminary Planned Development on October 19, 2004 and rezoned the property from Agriculture to Planned Development. - All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Subdivision on page ~~ U is ~^ a d -_~;_- <~ ~ - °,€ a 8 o o °E s°°: neon e ~ ~ =8 `- L Y ~ ° ~ ~ € = as ~ ~~-'e .Q e - ~ e: eo $ @@ u o pE n- °~ e= ~ - ~ .'i n_ ~ N I c„~~ E 8 _ FE - - _ ooeR 3 ~B 'C ° ~ ~ ~ °- ~ E F 6 ~ Cm 3 ~ ~3 • as €~ ~. =_[~ s ~e~ E° Ede -.Yi~ ~ r X ~„ea ? `~ e 7F5 Fa vl «In -.cc ~~ - ,2 +w^tl 'LL a'I""~1 'll wIPS P Pyery PuVWx _ - - P nW Pa +VI P lul oo'WG up WI P h lu] .~ 09'S£'4 M f4.11AS .--- '•- - ... s.rm .- ________________________ ,1 ~rt JI,.____________________ ~ F__ ~ \ r~[ I I ~ ~ ae ::; - - --~ - -------- ~tl, h r- ,, I e .L~n I ; I .~. 5n {, Llnar,.~!~,. .. 4 _. c o g~ ~ % ` .I °o ~. ' ~ Q , I • . `:: . / /= I r~ I I l~ i t I $.# , _. „i ~ /~ /~ ~ I I I .N R E e i I~ ~~ ~ I 1 3 4E n ~n £~ N Igl\ \Yy. O I I I h ~ 'y '~~ • e_ I•]I.g\ \y. 117 In F 8 ° ; a _ 4E b, I I \ ~. I I N FI y ~4 '_~~- ~~ s iF ~ ..~E \_ I \ \ j ~ I % ~€~ g~ ~_e ~.~ I ~, \ ' I; l : ~. \ -.~_ I""11°3 Stn ne n I I e S a 8 E In _ u._____~~ amr ~..•. L_____W~ ____J U ~ ~ (3(1N3Ab' NOlrJN1X371 ~ - - £b 'ON Ob~OF! il1NnO'J g °,i i°, sg e.F e 1 ~ ^~ °- ~ 09'S£4 3,fi.1 IAN -- ~ ~ i ~ ~~ `s [Z /[..Y 'LL !W~1 '1l w!IUS P PVPp I~.W1.gl M P IAI PMI NI I^ H MMI-~ ~ I I g g I I ~~i I I i3 .. . ~.,. ., . .. •:: ~`~ ~ .. _... ... .. ~ - 5 ~ _____ 9a~ z a~ :- °II I ~ . . o` Agenda Memo Apri15, 2005 CONSENT AGENDA: M. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR THE TWIN CITIES GOOD TIME SOFTBALL LEAGUE ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for the Twin Cities Good Time Softball League. FACTS: • The Twin Cities Good Time Softball League, anon-profit organization based in Minneapolis, has applied for a temporary on-sale liquor license to allow the sale of strong beer at their softball tournament, the North Star Classic, scheduled for May 28 and 29, 2005 at the Northview Athletic Fields. • The North Star Classic tournament was held in the City of Eagan in 2004 and the organization was granted a temporary liquor license by the City to allow alcohol sales at this event. • A portion of the tournament proceeds will be donated to Camp Heartland, a camp for children infected with, and affected by, HIV. • The organization has met the requirements for a temporary on-sale liquor license and has submitted the required documentation. The application has been reviewed by staff and the Police Department and has been deemed in order for approval. • Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS: • Information required of temporary liquor licensees enclosed on page ~~ ~9 Temporary On-Site Liquor License Location The North Star Classic Tournament will be held Memorial Weekend at the Northview Athletic Fields. The location for the beer sales and concessions has been discussed with the City of Eagan Parks Department. The agreement is that the best location is between fields #3 and #4. Side fences are already in place with front and back fences to be added along with a tent covering. Hours of Oueration The North Star Classic Tournament is a two-day tournament, Saturday, May 28`" and Sunday, May 29t", 2005. The proposed hours for beer sales are 12:00 PM (noon} to 5:00 PM both Saturday and Sunday. All beer must be consumed by the 5:30 PM closing of the beer and concession area. Security Security will be provided by tournament staff consisting of individuals who work security in the bar industry. All security personnel have completed Alcohol Beverage Service Training. Proposal is for two security workers, one to check identification at the entrance and the other to patrol the area to monitor crowd control and public safety in the beer concession area. All individuals entering the beer concession area must have valid photograph identification to prove they are age 21 or older. After proof of identification, security will issue a wristband that must be worn to purchase alcohol. The entrance to the beer concession area will be posted with a sign stating "No One Under the Age of 21 is Allowed to Purchase Alcohol". On-Site Manager An On-SiteManager for the beer concession area will be provided by the tournament staff, this individual is a Manager in the bar industry. Beer sellers will consist of bartenders from local bars. The On-Site Manager and beer sellers have completed Alcohol Beverage Service Training. 30 Agenda Memo April 5, 2005 CONSENT AGENDA: N. WAIVE $150.00 TEMPORARY ON-SALE LIQUOR LICENSE FEE FOR THE EAGAN FOUNDATION FOR A WINE TASTING EVENT ON APRIL 21, 2005 ACTION TO BE CONSIDERED: To waive the temporazy on-sale liquor license fee for the Eagan Foundation and issue a refund of the $150.00 fee paid by the organization. FACTS: On March 15, 2005, the Eagan City Council approved the temporary on-sale liquor license for the Eagan Foundation for a wine tasting event planned for Apri121, 2005 at the Eagan Community Center. This is a charitable event which is being held to raise funds for the various projects of the Eagan Foundation which aze identified in the attached letter. • At the time the application was requested, staff informed the applicant that in the past the Foundation had requested the fee be waived. They were also informed that if they desired a fee waiver for this event, they should submit a written request along with the application. (In 2004, the Foundation paid the fee citing concern for the budgetary constraints faced by the City.) The application that was approved by Council on March 15 was returned and accompanied by a $150.00 check. No request was made at that time to waive the fee. • Following approval of the application, a member of the Foundation inquired about the possibility of having their fee refunded. Attached is a letter from the Foundation requesting the waiver and a refund for the fee that was originally paid. ATTACHMENTS: • Enclosed on page ~ is a letter from the Eagan Foundation. ~~ March 22, 2005 Eagan City Council % Tom Hedges, City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Re: Request for Waiver and Refund of Temporary Liquor License Fee Dear Eagan City Council: The Eagan Foundation, Inc., the non profit 501(c) (3) community foundation for the Eagan community, respectfully requests the Eagan City Council to waive the normal fee for the Temporary Liquor License approved by the City Council at its meeting on Tuesday, March 15. The license was granted for the Foundation to hold its 4th Annual Wine Tasting and Silent Auction event at the Eagan Community Center on April 21, 2005, from 6 - 9 p.m. This event is the Foundation's major fund raising event to support its charitable activities throughout the year. The Eagan Foundation sponsors an annual scholarship program open to graduating seniors who live in Eagan. The Foundation has also worked with the community in numerous fund development and grant activities for the benefit of the community as a whole, including fund development for the first sheet of ice, for distribution of trees after severe storm damage, for flood relief after the recent devastating floods, and for moving the Grandfather Tree that now graces the Community Center site. The Foundation pays the full room usage fee at the Community Center for its event, and will be paying for the food at the event this year, as neither of the designated food providers for the Community Center is donating the food as was done in the past. Therefore, we would appreciate the Council's consideration of our request to waive the license fee, which we did not request the Council to do last year. Thank you very much for your consideration. You may contact our Treasurer, Barb Blumer, at 651- 454-7838 or at ea~anfoundationC~pclink.com if you have any questions. Very truly yours, "- /`~~ Joe Dwyer Eagan Foundation Chair 2005 G~ The Eagan Foundation Incorporated P. O. Box 211192 ~ Eagan, MN 55121 Agenda Information Memo Apri15, 2005, Eagan City Council Meeting CONSENT AGENDA: O. Ratification of a Memo of Understanding ACTION TO BE CONSIDERED: Ratify a Memo of Understanding between the Cities of Eagan, Apple Valley, Burnsville, Inver Grove Heights, South St. Paul, West St. Paul, and Dakota County to jointly apply for an Edward Byrne Memorial Justice Grant (JAG) in the amount of $70,821.00. These funds would be utilized by the Dakota County Drug Task Force. FACTS: • The above agencies are jointly applying for these funds to support the Dakota County Drug Task Force. • If received, these funds would be utilized to support the Dakota County Drug Task Force in training, investigative assistance, equipment purchases, and contractual support. • Dakota County will act as the fiscal agent. • Nothing in this Memo of Understanding will be construed to modify or amend any statutory or legal obligation or requirements of the parties. • This Memo of Understanding has been reviewed by the City Attorney. Attachments: Copy of the Memo of Understanding -~ 3 y ~~ MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is between the County of Dakota ("the County") and the City of Apple Valley, the City of Burnsville, the City of Eagan, the City of Inver Grove Heights, the City of South St. Paul, and the City of West St. Paul, (hereinafter referred to collectively as "the Cities"), each acting by and through its duly authorized officers. WHEREAS, the County and the Cities are each political subdivisions organized under the laws of the state of Minnesota, and are responsible for the enforcement of criminal laws, including enforcement of controlled substance laws, in their respective jurisdictions, and WHEREAS, the parties hereto wish to apply for the Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $70,821.00, and wish to delineate herein their understanding of the respective roles and responsibilities among the parties with regard to the application for the grant funds and assumption of fiscal agent duties upon award of the grant. NOW, THEREFORE, IT IS THE UNDERSTANDING OF THE COUNTY AND THE CITIES THAT: It is the intent of the County and the Cities that the JAG funds will be used in a joint effort to support the Dakota County Drug Task Force by providing funds for such activities as training, investigation assistance, technical assistance, equipment purchases and contractual support. 2. For purposes of this Memorandum of Understanding, the County of Dakota will act as the fiscal agent responsible for submitting an application for the JAG funds, and will be responsible for the administration of the funds including distributing funds, monitoring the award, submitting reports including performance measures and program assessment data, and providing ongoing assistance to any subrecipients of the funds 3. The Cities will cooperate with the County in its role as fiscal agent. 4. Nothing in this Memorandum of Understanding will be construed to modify or amend any statutory or legal obligation or requirements of the parties. IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed by their duly authorized officers on the dates set forth below. Approved as to form: COUNTY OF DAKOTA Assistant County Attorney/Date Name: Title: Date of Signature Memorandum of Understanding JAG grant 3~ Agenda Memo Apri15, 2005 P. CONTRACT 04-11, HOLZ FARM PARK UTILITY SERVICE IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 04-11 (Holz Farm Park -Utility Service Improvements) in the amount of $31,544.20 to Frattalone Companies, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 04-11 provided for the construction of City sanitary sewer and water services from Manor Drive to the existing farm house and building on Holz Farm Park, as provided for in the 2004 Parks CIP that included funding for improvements at Holz Farm. The specific improvements were as identified in the new Holz Farm master plan. The project costs being paid for from the Park Site Fund. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. ~~ Agenda Memo Apri14, 2005 Q. CONTRACT 03-09, CHANGE ORDER #11 (WATER TREATMENT PLANT EXPANSION) ACTION TO BE CONSIDERED: Approve Change Order #11 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 03-09 provides for the expansion and renovation of the existing north Water Treatment Plant located on Coachman Rd. This contract was awarded in July of 2003 and the construction is approx. 98 % complete. • Change Order #11 consists of the following items (Note: Parts that result in no change to the contract amount are not listed here): o Part 1: This provides for adding security locks to 2 additional doors and reconnecting all security doors to an uninterruptible power supply plus other security and electrical modifications to increase the plant's security. (ADD $22,460) o Part 2: This provides for labor and materials to install and wire an alarm system to the fire and smoke damper system. (ADD $895) o Part 3: This provides for the installation of a 3/4" and 2" Reduced Pressure Zone (RPZ) valve to the Chlorine injector and potassium permanganate inlet lines to avoid possible contamination from the chemical systems. (ADD $2,237) o Part 4: This provided for a change in construction technique (saddle tap vs. welded core tap) required to cut in the fire supply line to the main finished water discharge line. (ADD $963) o Part 5: This provides for the removal and reinstallation of the electrical work associated with the removal and replacement of the concrete slab in the lab testing room. (ADD $578). o Part 6: This reflects the increased cost to for upgrading the reinforcing bars (#7 to #8) used in the filter cell base. (ADD $4,878). o Part 7: This is a net deduct associated with deleting the rubber floor base in the mechanical room and adding it to the lab testing room. (DEDUCT $545) o Part 9: An automatic door closer was added to the stair well in the existing plant to meet the fire code. (ADD $318) o Part 10: This provides for the installation of an electric strike to the access door to the secured flow splitter room to accommodate an card reader access pad. (ADD $954) ~~ Agenda Memo Apri15, 2005 R. REQUEST MUNICIPAL STATE AID ROUTE DESIGNATION ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the designation of various existing street segments on to the Municipal State Aid (MSA) roadway system. FACTS: • The MSA designation of a street enables the maintenance of an existing street and the construction of a new street to be financed by the City's portion of the gas tax money distributed by the State. Only 20% of the city's local street mileage is eligible for this designation. Of the 46.41 miles allowed in Eagan, only 45.43 miles are so designated. The difference of miles 0.98 miles is now available for placement on the system. • One of the street segments for consideration of MSA designation in 2005 include existing Aldrin Drive from Neil Armstrong Boulevard to Mike Collins Drive (approximately 0.63 miles). This segment is located in northern Eagan and meets the criteria of MSA streets in terms of location, function and construction. Designation of this segment would help provide financing for the maintenance of this street. • Another segment for consideration is planned Quarry Road from Central Parkway to Coachman Road. (approximately 0.34 miles). This segment is located near the Community Center and meets the criteria of M5A for location and function. Designating this segment of planned roadway would provide a portion of financing for its future construction. With these designations to the MSA system, the City of Eagan can continue to ensure the City receives its maximum portion of the available annual gas tax appropriation. ATTACHMENTS: • MSA Street Designation Map, page J~. 37 Q City of Eagan a APRIL 2005 INfERSfATE / 494 v ~n N / ~ 134 ~ , ~ "~ ~ ASS ,te - a ` A~,~ / ~ r c NO• s J... ~ .q w LONE OP K ROAD , > 1 r ~ 1 127 z N 138 y hM~/ O ' 110 ~„/ ^ N ? x / J 2 ~ ~ y , ~/r, ~' ~ ALDRIN ~ ~2 126 " ~ DRIVE OUARRY ~ ROAD ,,, ~ ~ `" DOODLE ROAD ~ ~ YANKEE DOODLE ~~ ~ o ~~ 103 X25 ~ ~ 14 ~~aQ~ ` Y 14~ 108f ~ ~ ~ ` 108 w oTf ,, ,ti ~ to ~. o~ r ~IFFL R % ~ DIFFLEY ROAD ~ i w N i & /Ozl~ it ~ m t Y ~ H m O o a Municipal State Aid Streets 2005 3/027/05 G: Msos/2005 .y Agenda Memo Apri15, 2005 S. PROJECT 922, LONE OAK DRIVE/ LONE OAK PARKWAY SIDEWALK IMPROVEMENTS RECEIVE PETITION, AUTHORIZE FEASIBILITY REPORT ACTION TO BE CONSIDERED: To receive the petition and authorize the preparation of a feasibility report by the City Engineer for Project 922 (Lone Oak Drive/ Lone Oak Parkway -Sidewalk Improvements). FACTS: One March 23, 2005 City staff received a petition from CSM Corporation, developer and owner of properties adjacent to Lone Oak Drive in the Waters Area in northeast Eagan, requesting sidewalk improvements, along the west boulevard of Lone Oak Drive and Lone Oak Parkway. Based on the potential benefit to other adjacent properties along the Lone Oak Parkway right-of--way of these sidewalk improvements, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing for the construction of these public improvements. ISSUES: • A significant amount of assessable frontage is adjacent to the United States Postal Service Regional Facility Service Center on Lone Oak Parkway. The City does not have any authority to assess this property without their consent. It should be noted that they are not one of the petitioners. ATTACHMENTS: • Location map, page T ~. • Petition, page ~~ Q MENDOTA HEIGHTS Interstate - 494 BLUE GEN'f1gN ', RO rn ~r ii ~ _. TR~~k Y ~ ~ PROPOSED ti~No Ss ~ ~ ~- TRAIL LOCATION r ~ ` oN~ w ~_~ o sr ~ CS LONE OAK ROAD ' ~ W ti a T RUNk~~N~~ s 5 z 0 z X ~ W ~ J Z J J 0 U W Y_ YANKEE DOODLE ROAD ~ ti ~ x .y .~ Y~ ~~ W m2tn ~ V Q ^V ti Proj. 922 -Lone Oak Rd. /Lone Oak Pkwy. City of Ea~aIl Proposed Trail 3/31/05 Engineering Department ~~ ,,~ FOR CITY USE ONLY - Project No. 5 ~ 2 :~ ~' ~~ City ~f eagan Date Received 3 " ~~~ Presented to Council ~- ~ - 05 PETITION LOCATION/SUBDIVISION `~~ ,~~~ D~l,U1 rJ~ UWe, the undersigned, owners of the real property adjacent to ~„,~~fi~1"d~ cw~.pz~~- c.-t~S (~- (Street) or within Subdivision, hereby petition for: Street Improvements Sanitary Sewer Water Supply Storm Sewer Street Lights Other (Explain) '""t f~'t'fi~EG1~~1 ~ UWe understand that this petition does not in itself request the installation of these improvements but, rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. UWe understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public hearing, UWe hereby guarantee payment for all costs incurred in the preparation of this feasibility report. Signature of Land Owner Address of Property 1. ~~~ ~1~',4-C~4'~~ 'P~hult~C~ 2. UWe hereby waive our rights to the public hearing and request that detail plans and specifications be prepared simultaneously and also guarantee their respective costs if the project is not awarded. (Signature) (Signature) G:/FORMS/PETITION/Feasibility Report (Dev.) ~f / Agenda Memo Apri15, 2005 T. HALLEY'S FIRST ADDITION (LOTS 4 & 5, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on May 3, 2005. FACTS: • On March 24, 2005, City staff received a letter from Tim Johnson, Land Planner, Manley Land Development, Inc., requesting the vacation of a portion of the existing drainage and utility easements on Lots 4 and 5, Block 1, Halley's First Addition, southwest of the intersection of Red Pine Lane and Biscayne Avenue. • 10' wide easements were dedicated as part of the Halley's First Addition plat as the typical side lot easements for drainage and utility purposes. • The purpose of the request is to allow Manley Land Development to construct a new commercial building, with multiple tenants, situated on both lots. The configuration of the proposed building would encroach upon the existing drainage and utility easements on the common lot line. • The request would vacate the existing 10' easements adjacent to the common lot line (north boundary of Lot 4 and south boundary of Lot 5). -The new plat that will combine the parcels into one parcel will provide all drainage and utility easements necessary for the overland drainage, including side lot easements. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Location Map, page y3 • Petitioner's Letter, page ~_. ~~ Proposed Easement Vacation t~ ~~ ~~~~Il Halley's Addition Lots 4&5, Blk. 1 3/31/05 MJ~NLEY Land Development, Inc. 21 13 Cliff Drive Eagan, MN 55122 Phone 651.454.4933 Fax 651.454.9371 vvw~a. m an leybrothers. com March 24, 2005 Bruce Allen City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Petition to Vacate certain Drainage and Utility Easements on Plat. Dear Bruce, Manley Land Development is submitting a petition to the City of Eagan to vacate certain drainage and utility easements on property we own in Halley's 1~' Addition, Lots 4&5; Block 1, Dakota County, adjacent to Red Pine Lane and Biscayne Avenue. Manley has purchased the property at 4841 Biscayne Avenue, and plans to develop a single neighborhood commercial building, with individual tenants. In order to build we need to combine Lots 4&5; Block 1 and vacate said drainage and utility easements on these lots before we submit building permits. We believe this vacation request is reasonable and will not adversely affect any adjacent properties. This vacation is necessary as a structure cannot legally be built over a public easement. We understand a public hearing will be scheduled on the vacation and do not expect any opposition to this request. We look forward to your review and upcoming City public hearing. We have included a sketch of the plat easements to be vacated and have also enclosed a $300.00 vacation application fee. The Final Plat recording for Halley's 1~` Addition occurred at Dakota County on March 6, 1973. I can be reached at (651) 209-7745 or my mobile @ (651) 587-9354. Sincer ly,' Tim Johnson Land Planner ~~to~s cc: Kurt Manley, Frank Blundetto ~v Agenda Memo April 5, 2005 City Council Meeting CONSENT AGENDA U: APPROVE promotion and fees for seasonal membership to Eagan Community Center. ACTION TO BE CONSIDERED: To approve the $90.00 fee and promotion of a 90-day seasonal membership to the Eagan Community Center. FACTS: ^ Council approval of fees is required in order to include this promotion in the next edition of Discover & Experience Eagan. ^ Students home from school for the summer will be looking for a place to work out during the summer months. ^ Underutilization of afitness facility by regular members happens naturally during the summer months so this is an optimal time to bring in extra revenue that would not be made by membership enrollment. ^ The promotion would allow non-members to purchase a membership between May 2 and July 15, 2005, which would expire 90 days from activation. ^ The purchaser will receive full member privileges including use of the fitness center, gymnasium, track and group exercise classes. ^ The 90-day membership must be paid in full at time of enrollment and no contract will be signed. ^ The membership is non-refundable and non-transferable. ^ Individuals must be 15 years of age to purchase a seasonal membership. ^ At the end of the 90-day membership, the member will be offered the opportunity to become a regular member at a reduced enrollment fee of $35 (regularly $69). ^ Cost comparisons have been done with Lifetime Fitness, YMCA and Bally's in Eagan and the rate being proposed is less than their summer offerings. ^ In 2004 over 350 90-day memberships were sold, which indicates that this promotion has been very positively accepted as a short term fitness alternative. ISSUES: • None ~S Agenda Memo April 5, 2005 CONSENT AGENDA: V. APPLICATION FOR EXEMPT PERMIT -PINEWOOD PTA ACTION TO BE CONSIDERED: Adopt Resolution approving application for an Exempt Permit for Pinewood PTA to hold a raffle at 4300 Dodd Road on May 1, 2005. FACTS: • The Pinewood PTA has applied for an Exempt Permit from the Minnesota Gambling Control Board to hold a raffle at the Pinewood Community School on May 1, 2005. • The Police Department has reviewed the application and finds no reason to deny. • Staff deems the application in order for approval. ATTACHMENTS: • Attached as page ~ is a copy of the proposed Resolution y-6 RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT PINEWOOD PTA WHEREAS, Pinewood PTA has applied for an Exempt Permit; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exempt Permit for Pinewood PTA to conduct a raffle on May 15`, 2005 at Pinewood Community School, 4300 Dodd Road. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Apri15, 2005 CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5`h day of April, 2005. Maria Petersen, City Clerk ~~ Agenda Memo Apri15, 2005 CONSENT AGENDA: W. APPLICATION FOR EXEMPT PERMIT - EAGAN DUCKS UNLIMITED CHAPTER 181 ACTION TO BE CONSIDERED: Adopt Resolution approving application for an Exempt Permit for Eagan Ducks Unlimited Chapter 181 to hold a raffle at 2280 Cliff Road on Apri128, 2005. FACTS: • The Eagan Ducks Unlimited Chapter 181 has applied for an Exempt Permit from the Minnesota Gambling Control Board to hold a raffle at Royal Cliff, 2280 Cliff Road on Apri128, 2005. • The Police Department has reviewed the application and finds no reason to deny. • Staff deems the application in order for approval. ATTACHMENTS: • Attached as page ~ is a copy of the proposed Resolution ~~ RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT DUCKS UNLIMITED CHAPTER 181 and WHEREAS, Ducks Unlimited Chapter 181 has applied for an Exempt Permit; WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exempt Permit for Ducks Unlimited Chapter 181 to conduct a raffle on Apri128, 2005 at Royal Cliff, 2280 Cliff Road. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Apri15, 2005 CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of April, 2005. Maria Petersen, City Clerk ~f 9 Agenda Information Memo Apri15, 2005 Eagan City Council Meeting X. FINAL SUBDIVISION (SYCAMORE PLACE) -EPIC DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (Sycamore Place) of 6 acres to create 91ots on property located north of the dead end street of Sycamore Court in the SE'/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The City Council approved the Preliminary Subdivision on November 16, 2004. - All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Subdivision on page Sd /s e 2 a _~ 5 "' ~"' EERe &~. ;ao i= a ° =9i s a 5~ m l ~ .s 3 s oaa 5 e 2 ~• 8 e o a se 2 y s ,s, s 3 ~ v ~:' __~ R e . > ed 3s~ ~ a 81 _g8 a' ~ .s ~~- ; a § ~ ~ ~ ~. ~~ ~n _ E `c • c + CI ~ ~ I Y O i ~ E a S 2. „' ~ i ~' -S ~2^E ~ ~ ° 4 ~ _ :.~ ss~ .$ e ~ P O n z ~: =• ~° e e E c p ' ac w )S e~ • ~2 ~ U _ • ~. 4 •n •' v e° ~ s_ a~ -gin ' `J' 3~ °O i uu e s S= i u ~a $: n e agy `+u ~:2n. G3 • io so'y` ° ~~ ' W Wi b° z°i ,5: 's ooi~ 3 F ie ) ` + •a :3 • ! i _ a r O u ~ sm .. wu t a x`. ^J 6> ~~ F- to \ ~ 10\ I ~ - ~ •.'BO.~h it I~ I o \ 11 \ \ l M,GOAt.00N / I I I I s>n Q~ Y ----ac vl>•-_. \ . ": J \ :.lww•s•3 \ >t%~'r-T--.. _ / LIImO Vw • •6• w„o.:..._~0__.. 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I y . 1 1 ~4 e~ • I 1 a. .. - • .~ , , ;. p rozs ao~ ooso~ , ae'sz: ao'sz.; ^ ; ::;; .. . - aun n ;x.135. , y. T-aa-sez M.ao.¢I rr '' sc~ar `_ y ~ w ~ ~ ~ ' ^ 2N sa~su ` _ rj es~ast. _ I I ,r'• • r I / D ~ I el I I I 1 ~ z`,. . 1 ~' \\ : ~""~ \ 5 ~• ~, ~'"i \ ~ s\ ~ \ •~ ,~ ;. S ~ \ y ~ ~ 6 \ \~~\ •z•Lel \ ~ Z ' %~ w \ r :\ F 4' z r+'o W ~\ Agenda Memo Apri15, 2005 CONSENT AGENDA: Y. TOBACCO LICENSE - PHUONG NGUYEN ACTION TO BE CONSIDERED: Approve Tobacco License for Phuong Nguyen (P.L. Liquors) 1565 Cliff Road. FACTS: Phuong Nguyen, owner of P.L. Liquors, 1565 Cliff Road, has applied for a license to sell tobacco products. • All requirements of the application have been met. • Staff deems the application in order for approval. ATTACHMENTS: None sa Agenda Memo Apri15, 2005 CONSENT AGENDA: Z. Tree Maintenance Contractor License -Tom's Tree Service ACTION TO BE CONSIDERED: Approve 2005 Tree Mai~itenance Contractor License for Tom's Tree Service, 13489 Halstad Avenue, Lonsdale, MN. FACTS: • All requirements of the application have been met • Staff deems the application in order for approval ATTACHMENTS: None S3 Agenda Memo April 5, 2005 CONSENT AGENDA: AA. Tree Maintenance Contractor License -Wright Tree Service ACTION TO BE CONSIDERED: Approve 2005 Tree Maintenance Contractor License for Wright Tree Service, 17911 Cannon City Blvd, Faribault, MN. FACTS: • All requirements of the application have been met • Staff deems the application in order for approval ATTACHMENTS: None s~ Agenda Memo Apri15, 2005 CONSENT AGENDA: BB. Tree Maintenance Contractor License -Outdoor Specialties ACTION TO BE CONSIDERED: Approve 2005 Tree Maintenance Contractor License for Outdoor Specialties, 560 Lone Oak Road, Eagan. FACTS: • All requirements of the application have been met ~ Staff deems the application in order for approval ATTACHMENTS: None L~ Agenda Memo April 5, 2005 CONSENT AGENDA: CC. Waive Community Center Rental Fees for the Miss Eagan Pageant ACTION TO BE CONSIDERED: Waive Community Center Rental Fees for the Miss Eagan pageant during the 4t" of July Celebration Festivities FACTS: • The 4t" of July Committee is planning to continue the Miss Eagan Pageant as part of the July 4`" Festivities again this year. • The Committee is requesting a large meeting room, 3 small rooms, one large conference room (upstairs) and the senior center on the following days: Wednesday, June 29 - 2:00 p.m. - 11:00 p.m. Thursday, June 30 - 2:00 p.m. - 11:00 p.m. • The cost implications of this request is calculated to be $1596. If they request an expansion of the hours to allow for set up time, the rental for two full days would be $1896. • It has been past practice to approve the waiver of fees for the use of the Community Center for the Miss Eagan Pageant. ATTACHMENTS: • A copy of e 4~" of July Committee's letter of request is attached as pages S^ through. SG Dear City of Eagan Council Members, The 4th of July Committee is planning to continue the Miss Eagan Pageant as a part of the July 4th Festivities again this year. The Pageant will be an opportunity for young girls (8 years to 12 years old) and older teens (13 to 18 years old) to have a role in the July 4th Festivities. The committee is trying to keep the cost of the pageant as low as possible. We are requesting the use of the Eagan Community Center as the location of the Pageant. This would keep all of the 4th of July activities centered on the Eagan Park and Community Center. We would like the use of the Center on the following days: Wednesday, June 29th 2:00 PM-11:00 PM Thursday, June30th 2:00 PM-11:00 PM We are in need of the following rooms: Large meeting room for Gown, Speech and Talent competition. 3 Small rooms for Girls changing rooms 1 Large conference room (upstairs) for Pageant Head quarters for paperwork and scoring Senior center for judge's interview room The 4th of July committee is requesting that the fee for the rooms be waived for the Pageant activities. Since the crowning of Miss Eagan in July 2004 the Queen and Princess have participated in many activities in Eagan and the surrounding communities. The following is a list of the parade and personnel appears of Miss Eagan and Miss Eagan Princess: Eagan 4th of July Parade ----Queen & Princess Eagan 4th Festival-------------Queen & Princess Apple Valley 4th of July Parade ----Queen Burnsville Fire Musters Parade-------Queen Anoka Halloween Parade-------------Queen and Princess Evenings in the park at the Eagan Rotary Band Shell----------Queen & Princess Eagan's National Night out-----------Queen & Princess Dakota county fair tour guide--------Queen & Princess Volunteered at the Diabetes office with Diabetes mailing stuffing envelopes. ---Queen Represented Eagan at the American coed Pageant --------Queen Represented Eagan at the Miss Anoka Pageant-------------Queen Chosen to be on the Mall of America Teen Fashion Board------Queen Represented Eagan at 2004 Winter Carnival Farewell Brunch------------Queen & Princess s~ If you have any questions, please contact the 4th of July Committee. Thank you, The 4th of July Committee Chris Kilgarriff Miss Eagan Pageant Director ss~ Agenda Memo Apri15, 2005 DD. NPDES PHASE II, MS4 GENERAL PERMIT NON-DEGRADATION REVISIONS ACTION TO BE CONSIDERED: Approve a resolution supporting the League of Minnesota Cities' (LMC) petition for a contested case hearing with the Minnesota Pollution Control Agency (MPCA) on the proposed revised MS4 General Permit and authorize City staff to send a letter to the MPCA commenting on proposed permit revisions with the Mayor's signature. FACTS: • In June 2002, the MPCA issued the Small Municipal Separate Storm Sewer Systems (MS4s) General Permit. In July 2002, Minnesota Center for Environmental Advocacy (MCEA) filed an appeal of the MPCA's general stormwater permit for MS4s. • On March 10, 2003, the City of Eagan and over 200 other Minnesota owners and operators of small MS4s in urbanized areas applied for general permits, and began or expanded existing programs and practices to reduce stormwater runoff. • On May 6, 2003, the Minnesota Court of Appeals, in Minnesota Center for Environmental Advocacy (MCEA) versus the MPCA (C6-02-1243), ruled that Minnesota's MS4 permit must be revised to address issues of non-compliance with the federal Clean Water Act and Minnesota Rule 7050.0185. • The court's decision about the general permit addressed three main areas; o Federal requirement of public participation o A possibility storm water discharges covered by the permit are expanded discharges o The permit may weaken the federal standard for reducing pollutants by using the word "minimize". • In "resolving" the court's decision, the MPCA has allowed the MCEA to primarily assist in reviewing and commenting on the revised permit language. The main area of focus for the revisions has been Minnesota Rule 7050.0185 regarding the non-degradation of state waters. Many of the proposed permit revisions are not practical. • Eagan, due to its development since 1988, is one of 30 MS4s proposed to be required to implement the revised non-degradation standards at an accelerated rate compared to the other MS4s in the state. Representatives from the selected 30 cities have been meeting regularly over the past month in an attempt to address the permit revisions. • The public was given a very short, 30 day, time period in which to review and comment upon the proposed permit revisions. Due to numerous requests from MS4s, including Eagan, a 16 day extension has been granted to April 15, 2005. Many of the proposed changes are extensive and ambiguous, creating opportunities for significant additional costs to cities without any benefit to the tangible water quality. • As a current holder/practioner of a MS4 permit and an award winning and recognized leader in water quality efforts in Minnesota, the City of Eagan would like a reasonable opportunity to assist the MPCA in establishing language for the revised permit. The established process by the MPCA does not allow the MS4s reasonable participation. • In order to protect our legal rights to fully comment upon the proposed revised general stormwater permit, it is imperative that a representative of the MS4s petition for a contested case hearing. LMC has about $100,000 remaining in the fund originally established to prepare a guide plan for more than 120 cities as part of the initial MS4 permit. The City Council had approved participation and funding of this effort on August 6, 2002. It is anticipated that the LMC attorneys would need about $10,000 of this fund for the petition. S9 Agenda Information Memo Apri15, 2004, Eagan City Council A. VARIANCE -1299 CARLSON LAKE LANE -- JAMES BARYON DESIGNBUILD, INC. ACTION TO BE CONSIDERED: To approve a 2.5-foot Variance to the minimum 10-foot side yard setback for an addition to the house at 1299 Carlson Lake Lane, legally described as Lot 1, Block 5, Wilderness Run 4th Addition, in the NW '/4 of Section 27. FACTS: • The property is located on the south side of Carlson Lake, adjacent to City property that provides access to a lift station and a park. The property is zoned R-1 and is located in the shoreland overlay district of Carlson Lake. • The rear yard slopes down toward the lake. There are a few large spruce trees along the side property line where the addition is proposed. One or two of these trees will be removed. • The applicant proposes to remove the existing porch on the central part of the rear of the house and add a 20' by 14' addition to the northwest corner of the existing house. • The front west corner of the existing building is 4.9 feet from the side property line, and the back corner is set back 7.5 feet. The proposed addition extends the existing west side wall, resulting living space being 7.5 feet from the side property line. • This proposed addition includes a lower level storage room and upper level living space. The lower level storage room is proposed to have an overhead door on the west side. • The elevations indicate the addition will result in a coherent architectural appearance. • The applicant's estimate of hardship is the existing placement of the house on the lot relative to the lot line and the existing floor plan. ISSUES: • The proposed overhead door on the west side of the storage room appears to anticipate vehicular access via the City maintenance driveway. The City maintenance driveway should not be used for any vehicular access to this new addition. Therefore, there should be no overhead door on the west side of the new storage room. • For the same reason, the area between the new addition and the City property should be maintained as yard space. • It appears that access to the rear of the home during construction will occur via the adjacent City property and maintenance driveway. If this is the case, a permit to work within City property should be obtained prior to or in conjunction with issuance of a building permit. ATTACHMENTS (1): Variance Report, pages ~ through 60 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 31, 2005 APPLICANT: James Barton Design/Build, Inc. PROPERTY OWNER: Nancy Gullikson REQUEST: Variance LOCATION: 1299 Carlson Lake Lane CASE: 27-VA-OS-03-OS HEARING DATE: April 5, 2005 APPLICATION DATE: March 15, 2005 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance of 2.5 feet to the required 10 foot side yard setback for an addition to the house at 1299 Carlson Lake Lane, legally described as Lot 1, Block 5, Wilderness Run 4th Addition, in the NW '/4 of Section 27. 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. ~~ e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Section 11.60, Subdivision S.E. of the City Code requires a 10-foot side yard setback on property zoned R-1, Single-Family Residential. The subject site is located within the Shoreland Overlay District of Carlson Lake, a general development waterbody. The Shoreland Ordinance establishes standards for development which are to be applied in addition to the underlying or base land use zoning, in this case R-1 (Single- FamilyResidential). The shoreland zoning requires a minimum structure setback of 50 feet from the ordinary high water level of Carlson Lake, and limits the impervious area to 25% of the lot size. BACKGROUND/HISTORY Wilderness Run 4th Addition was platted in 1973 and the existing house was constructed in 1978. The lot is 21,500 sq. ft. in area. The adjacent property to the west is public and provides access to a lift station and a park on the southwest side of the lake. This property is zoned P, Park and contains a paved driveway for city maintenance vehicles. EXISTING CONDITIONS There is an existing single-family home and attached garage on the property. The house is situated at a slight angle to the street. The rear of the home contains a deck and a porch. The front west corner of the building is 4.9 feet from the side property line, and the back corner is set back 7.5 feet. The rear yard slopes down toward the lake. There are a few large spruce trees along the side property line where the addition is proposed. EVALUATION OF REQUEST Proposal -The applicant is requesting a side yard setback variance to allow for the construction of an addition to asingle-family dwelling on property zoned R-1 (Single-Family). The applicant Ga proposes to remove the existing porch and add a 20' by 14' addition to the rear of the existing house. This new addition will have a tuckunder storage room on the lower level and an enlarged family room and a dining room on the main level. The tuckunder storage area is proposed to have an overhead door on the west side, opening toward the City property. The gable roof that is currently over the garage will be extended to the rear over the new addition. The elevation plan indicates the proposed addition will result in a coherent architectural appearance of the home. The exterior materials of the addition and the existing dwelling, both siding and roofing, shall match. At least one, and maybe two, of the three evergreen trees will be removed to accommodate the addition. Setbacks/Lot Coverage -According to the survey submitted with the application, the existing single family dwelling maintains a 4.9 to 7.5 foot setback from the west side property line. This portion of the structure is the attached garage, which requires a minimum five foot side yard setback. The proposed addition would add living space to the rear of the existing garage. The Zoning Ordinance requires a 10 foot setback for living space from a side lot line. The proposed new living space will be set back 7.5 feet from the side property line at its closest point. Thus, the applicant is requesting a Variance of 2.5 to the required 10 foot setback. According to the survey submitted by the applicant, the proposed addition will maintain less than 20 percent building coverage. Additionally, the proposal results in less than the maximum 25% impervious coverage. Access - It appears from the design of the proposed addition, and in particular the proposed overhead door on the west side of the lower level storage room, that the homeowner anticipates vehicular access to the storage space via the City's maintenance driveway. This driveway is designed for maintenance access to the lift station and is intended only for City maintenance vehicles. In addition, the driveway provides public access for pedestrian traffic to the park. The City property should not be used for vehicular access to the new storage space. For this reason, there should be no overhead door on the west side of the new storage space. In addition, there should be no driveway and the area between the structure and the city property should be maintained as yard space. 63 Due to the site layout, it is likely that access to the rear of the home during construction also will be via the City maintenance driveway. If this is the case, a permit for work within the City property should be obtained prior to issuance of the building permit. Variance Criteria -The Zoning Ordinance states that relief maybe granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The Zoning Ordinance states that relief maybe granted provided that there are special conditions that apply to the parcel in question. The area of the subject site is 21,514 square feet. While the existing home complies with the minimum front and rear yard setbacks, its placement and orientation on the lot, relative to the side property line, create the difficulty for the proposed addition. The existing floor plan also restricts options for expansion. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but maybe inconsistent with the intent of the Zoning Ordinance and the Planned Development. That is, the purpose of the building setback provision is to provide open space. Since the request is to reduce the side yard setback to less than the 10-foot minimum, it appears to be contrary to the intent of the ordinance. A demonstrable difficulty is required to grant relief from the minimum required side yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of an addition with both garage and living space. A reasonable use, single family dwelling with attached garage, is present on the site, so the owner has the same use as others on this street without relief from the Zoning Ordinance. APPLICANT'S ESTIMATE OF HARDSHIP The proposed addition will provide both additional storage space and expanded living and dining area in the main part of the home. The homeowner indicated they wanted to expand the house to create a larger interior room. The proposed addition mirrors the design and layout of the adjacent home to the west with garage/storage space below, and living space above. The current floor plan divides the interior space into distinct smaller rooms and the homeowner says they wanted to have one larger more open room. The northwest corner of the house is where the family room is in the existing floor plan. Also, there is athree-season porch that extends from the center of the rear of the home, and the homeowner says the proposed addition would "fill in" the northwest corner and improve the appearance of the back of the home. The storage space on the lower level accomplishes two things - it adds more storage space in lieu of a third stall garage, and creates better insulation for the upper level living space. The homeowner also indicated they thought it would improve the resale attractiveness of the house. 6 S~ SUMMARY/CONCLUSION The applicant is requesting a 2.5-foot side yard setback Variance for the construction of an addition to the home. The applicant has indicated that the alleged hardship is the existing placement of the home on the property and the existing floor plan of the house. These conditions create a practical difficulty for the addition to this home. The elevation plan indicates the proposed addition will result in a coherent architectural appearance of the home. Staff has concern about the design of the proposed addition in that it appears the homeowner anticipates use of the City maintenance driveway for vehicular access to the proposed lower level storage room. For this reason, there should be no overhead door on the west side of the proposed storage room and the area between the storage room and the west side property line should be maintained as yard space with no driveway. A permit to work within City property should also be obtained prior to construction if access to the rear of the home during construction is proposed via the adjacent City property. The proposed variance maintains the current structure setback and does not bring the structure any closer to the property line. The proposed variance maybe contrary to the zoning ordinance in that it reduces the side yard space on this property. A reasonable use, a single family dwelling with atwo-stall attached garage, is currently present on the site. ACTION TO BE CONSIDERED To approve a Variance of 2.5 feet to the required 10 foot side yard setback for an addition to the house at 1299 Carlson Lake Lane, legally described as Lot 1, Block 5, Wilderness Run 4th Addition, in the NW %4 of Section 27. If approved, the following conditions should apply. 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. There shall be no overhead door on the west side of the new storage space. 3. The area between the structure and the City property should be maintained as yard space - turf grass or garden. 4. A permit for work within the City property should be obtained prior to issuance of the building permit. 5. The exterior materials of the addition and the existing dwelling shall match. 6. The addition shall comply with all other applicable Zoning Ordinance provisions. Eagan Boundary L i M ~ ; !~ Street Centerline oeat o n ap ~ Parcel Area __ J' Building Footprfnt ~~l i~ - Y 'fi'.F•.d~ • ~~ • ~ C • yy.r e c ~- ~ `~' a v 9 ~ ~ ~ ^ . ~ .E~X: NO: le-IDIFkEV-Re~9 ---~ CJ...M. Ne. ]e (alIF~EY ROAe) /f~ , •• o ~ ~. .....,... a ~~ .q ~~~o ® a~ ~ a ~~ ~~~ ° ~~ ~ c~ ~ ~ ~ a ®s® ~ ~ ' a ~ 4b ~n ° q ~~ ~ ~ _ ~ ~ ®~' ° ` Subject Site ~~ uu.. n.rn .,. ti~ k, .. ~ 5 ~ ~' 9 8 ~. A4; ~ 4 8 © Vii. ~ ~ - o ©9 [~ 9 ~. Q ~ "~, p.:... ~ ~ ~ G1 ® ~ ~` 3 •~. e 3~ ' ~' u ` ~ ° ~ ©v o ® ~ c3 c'1 p ~ 6 m ~o A `~ 0= c+am © 9 ® • ~ • ~ ~ • fl ~ ~+ ~ v uY.ey •y. ti? ~ f~ ~ ® fi m ` ~' ~ ~ w, A r ca ~ ~ ~ , p ~ ~ ~ ® ~: ~ ~~ ~ g .».~~ ~ ~ ~ ~ ~ ~ ,~• ~ w® ~ ~~:. 4p ~ ..i @1 t~ ~ Q, ~w.:..~6 ~~ ~ ~ B~ ~ ® ~ 0~ ~+~« y ., ~ tp~ Fa6f ~ . "`<y ~ 1 ~ (~^. ~ ci3 ~` . t8 ~ C? F ~, S U - G ra G3 6i a ,. ,,. o fl ® 'b~L'J f D p~. F.a ~ P ® 0 ~ e 9 ®~ ~ ~ ~ ~ ~ ~. : gg 4- b ®^ a 0 1000 0 1000 2000 Feet Development/Developer: 1299 Carlson Lake Lane Application: Variance Case No.: 27-VA-05-03-05 ~~ F ~~ Map Prepared using ERSI ArcView 3.1. Pareel base map data provided N ~-a~j ~ by Dakofa County Olfice of GIS antl is cuvent as of January 2005. ~ C city o~ ectgctn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ E The Gity of Eagan and Dakota County do not guarantee the accuracy of this information and are S GommuNty Development Departnent not responsible for errors or omissions. Bounder Surve for: Y Y Kevin Erickson DELMAR H. SCHWQNZ LAND SURVEYORS, INC. 1299 Carlson Lake Lane Ea9en, NN 55f23 14555 SOUTH ROBERT TRAIL ROSEl40UMT•MINNESOTA 55068 651J?3-176G SURVEYOR'S CERTIFICATE 805005 Edge of Pontl As LOCatltl !/2a/05 ~ ~. ~ ~ °~ne ~ ~ Ce fa ~. ~ ae4 ~ n~ ~ '~! q Q O ~ \ ~~a'd f ~ ti ti ~ \ ~ ~C`~ ~•1 \ ~f _ ~ N CITY PARK N \ `~ N N ~ y O O 2 • -Found Iron P1De / L o ~ ~ p -Set Iron Pipe / 85.00 S86'20'33'E PLAT / SURYEY LIfaE 3D Brock 5 Scale f loth - 30 fee m prl' ~'yt"!~ Q s LL7 .•~ v ~~,,. ~ .~-• : '~^ 7.5 1 a 3c m N c p Deck 7 1 R1 ;p = N ;v ~ Cnlmney v N O n O ~° O Z i Existing House v°f Garage 30 9.1 1.9 Lot Area - 21.514 sq. f et ,~ Hse and Garage Area - Z. 211 q. feet _ _ ~ _ _ _ - • Drplnege antl Ut11itY Ea~eeent o Meas. - 85.30 S86'20'33'E 65.00 0 CARLSON LAKE LANE Property Description: Lot 1. Block 5. NILDERNESS HUN Ith ADDITION, eccordlnq to the recorded plat thereof, Dekote Count Y• Nlnneaeta. ``t11111111f 1/~~ ``~~.`~p1ESOl4%'. SITE PLAN *~DEttAA11 H••••t*i = SLHWANZ 4 t _gg25- Ihere earn Ihet Ihle eurv an, M rs orl wet pared me ~ ~ •• ••• •• • T``~ by N eY~ a P Pro by ~-cy,~....lls~.l<..~;. or under rrry direct auparvlsbn afNi that I am ~ duty RaplNarod land ~/~~~ ~~~ ~ ~ Surveyor under the Iowa o1 the 81a1s of Mlnneeola. ~~ ' 2l~ ""''~ Dated [." C - D C' - ~ ~~ ~ Delmar H. 6chwsnz Mlnneeote Lkame No. 8825 ~i ;'ti. 1 r' I l rr (`]'~~ rNF j .y ~s=1 n.~:sti. zr~~-~'h.= ~,. •._ti =_•~ I ~ l! i I/ f l i~ !~ L / / 1' J I(I // ~~ r i i i l~ ~lrr f ~~ rr ~-`.rr~ ! r l j i~ I l /~l ~ll l" i l ~• i'~xy ~/~-~' ^-~ -7-y'~/' / r i , ~ ,!I lj11~r l• I r 1, ~t~•Ua /~`~ l I~;~ 1 / !! lrlr '~ Nr', raf y I, I~il~ 11%/I~ r lIl / ll~g;l,,;~~ J ~`-~-~ r rI I ~~~ I II r ,. l ~/,,~~, ! ~ ; l ~~ ~ , , ~, ~, / ~ ~,J , ~, ,.. d ~•y ~~ ~~ , ~.z,/ , ~ JAI 1 ~., .. ~, ~, ~`' ~~ti ~~~,~~~~;' ~,~ " , t /,, . ~~~1, .~ ~~~ ~ ~' ~ital~ ' : ~ ~ Icy, ~' 1111,E ~'~ ~I ~ Y ~, iii®~©~~ '~. , , 1 , ~, ~ 11.1'. ~ ,~ 1~~ ~®t~j®~® I . ~ ~ `~ a , I ~ 1 ~~ t ~ ` ~ ~ i,~ ~~ ~ ~ ,,. ~ 1 ~ ~ t ,I 11 1 ~1,t / ~ ~1 m ,1 ,'1 ti ' 'I ~~ o II /, 1 T it 2 C I m ~ I ~ / ~I ~ ~ , I ' ! ~ i ~ ~~ I ~ ~,' `~', X ~ ~ ~~ Z m D O C ~ \ ~ \\ N m ~ - ~ \\ `'~ \~ ~ `~ \ \,\ \\ [ 8€ea ~ e ~ gaea s~"5 A~ s- E ep 3v c• z \~.4 \,\ ` ~\,. ~S~.S4s ~><P ~- ~~ eQ I< i$-G ~ 8pF3~t z ' &e..i~~ zd Rg' a~ ~ ~ 1 Y a x,_c" 3 a:~ x xa. 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Erickson-Gullickson 2127 CLIFF DR. a ~ ~ ~ ~ '° ~ 15112 GALAX AVE. ~/ _ sulrE col ~ ~ EAGAN, MN. 55122 ~ m~ SUITE ZO1 PH: 651-406.8200 APPLE VALLEY, MN. 555124 FAX: 651-406-8440 I - u•.o• ~y u•->> vz^ I ~a-z iu• ~ I- v:_zsie'_ yS~!~rai jai ~o.-0•• r-o va: --~ ^IE ~ ~ ~ ~ _~ ~~ ~ 10071 il. r------, I.i I---I ,~-,~- --- r-,-~,~_--_ I I [ ~ YJ1C1517EEL RAISED PANEL I I I I i I ~, I ,~~ g~ I,'Q.M. GARDE pC I ~ I Y I I :' I I I ~ ~ I"~ ~- ~ ~ ~ I €k I~ I ~ I I 1 I I ~ Fii 91? 4,)01575 I I ~~~ ~ ~ F SPADING PER MANUF, ~ (: I ~ I ~,- ~ ICE g I i >~~ I \ ~ o~~la~a ~ 4 ~ i~ ~ ~ ~~~¢g4 ~ I a ~ I ~ ~ ~ I ~ ~~ m ~ f ~ ' ~ . i ~ I I I I ~ I I I ~_ I 16~ 1-~a5~5 ~-, I~ I I .. i SPADING PER NIANUF. i I 6 - ~------- _~.- ------ I ~ g.~ b I I Cm ~~ _ _ _ _ ~-~ G K ---- --yS~ = ..+' I 71 ~ 1oe SR'~~ 108"- I ~~~~ 7 „ I ~ g I I ~~ _, x~ ,:~~ I I ~ ~ x~ I ~J I J 9 9 I ~--- i -- 1 ~ ss - ~ 4 I I ; I r~ r~ ~ ~ ~ I x€ _ I IC i z ~ L ~ z 't ~ ~- ~ ~ ~. 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I yu fJ (~, v, ~ / ~. f.b rw JF wav. j ..r \, (~~1y~~ 71 g ~~ ~ I „•- i~) 5„fir ~_,:;.~ ~~i~ a >~:<- II .~II~~I ~ ~~ la u ~ I~'N ~~ - -; ~ - a,.L -~-~~ ~-R,N~'~-1~~ I ~ I I I I ~\ ~ ~~ p~ ~ ~~ ~ x N ~ r I ~ 3: I I- -, I ~ it ., ~°~ ~.~ 3-11 11 4-0Q/0' I ~ I ~ 6•P ~ u 4'E' T-717 s ~~ II I m - _ Z I ,~,1= '-'r' ~ ~ 4 m ~- ~ ~ § 11e 1 Z ~ a ~ ' ~L' I ~ ~ ~~ I a I, ' I ~' II N II ~~ II a ~ I I' '~ II i I ~' II '~ ~~ y. i '~ ,~ I.- I~~ m ~ I ^LL~6TP ~ iY~ C] SS ktgs u' j g /~,~ /y +~ Fi_ c ~,-~~a $ u~~GkFiu~ ~E`F~ if`& a ~i~4•~ ~~f~~~fr~~~a~L4a~ $I ~'~'1.,7 ~t ge ~uR-~i ~ ~~t~£ E s sad hL~'~- ~i4;•°z~c-i FSF. § ,pPg~$=~~s[f a:~;~ .^~ ~~ jh.fi Ea~~ s ~t•3-~.~'~ F F f ~R ;kc i F' ;~ ~~R~~~2~ ~~~~ e° ^P ~ ,,t~R£ ~F~E~i ; ~~ Fs~y~~ ~~, ,sP ~~v~L PROPOSED BUILDER owNE~: Mcf ete Drafting H,~ ~ ~, ~ ;i • ~ ~g JAMES BARYON DE GN BI~I C. Erickson-Gullickson 2121 CLIFF DR ~ ~ ~ " ~' 15112 6ALAXIE / _ SUITE 101 ~ ~ ~ SUIT 201 EAGAN, MN. 55122 • o °#~ PH: 651.406-8200 APPLE VALLEY, MN. 5 - FA16651-ao6-8440 - ~~ l `,o I ~ i~~ { is •~ i ; ~ II -------±I ~i Lr :~ II I i i 4•I il~ ~I i .~ ~ ~; ~ ~ ~I a~ ~° I~ Agenda Memo Apri15, 2005 B. PROJECT 778, TRUNK HIGHWAY 149 STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 778 (TH 149, TH 55 to Albano Trail - Street Improvements) and authorize the preparation of detailed final plans and specifications for a contract that may be let within 3 yeazs after said approval, and the acquisition ofright-of--way and easements through quick-take Eminent Domain, if necessary. FACTS: • Project 778 provides for the upgrade of a 2.7 mile segment of State Trunk Highway (TH) 149, beginning at TH 55 and terminating in Inver Grove Heights at Albano Trail south of Rich Valeey Blvd. (Co. Rd. 71). The proposed project includes upgrading TH 149 to a 4-lane divided roadway, with an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of TH 149 and Wescott Road, and dedicated turn lanes at street intersections. A trail would also be constructed adjacent to TH 149, interconnecting the existing neighborhoods and businesses with the existing regional trail system. • The extension of the project beyond the city limits will also require the approval of the Inver Grove Heights City Council. Inver Grove Heights has applied for $540,000 of Cooperative Agreement funding from MnDOT and will be considering contributing additional funds for their portion of the costs south of Wescott Rd. at an upcoming Council meeting. • The upgrade of this portion of Trunk Highway 149 is programmed for 2006 in the City of Eagan's 5-Yeaz CIP (2005-2009). With this schedule, it is necessary for the City to have the plans, specifications, environmental studies, permits and easement acquisitions completed as soon as possible. • On June 15, 2004, the City Council retained the firm of Bonestroo & Associates to perform professional engineering services for the design, bid and construction phases of the project. • On November 30, 2004, an open house was held at the Wescott Library to present the preliminary improvement proposals to the public. 75 persons attended the open house. All of the comments received at this meeting were previously forwarded to the City Council. • On March 1, 2005, the draft feasibility report for Project 778 was presented to the City Council and a Public Hearing was scheduled for April 5 to formally present and discuss the report with the public. • An informational meeting was held on March 21 at 3:30 p.m. in the Council Chambers at City Hall. Of the 548 notices mailed out to representatives of the 29 Commercial parcels and 519 Residential parcels adjacent to the project limits within Eagan, 21 persons attended the informational meeting, including 4 from Inver Grove Heights. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ~3 Agenda Memo Apri15, 2005 B. PROJECT 778, TRUNK HIGHWAY 149 STREET IMPROVEMENTS (cont.) ISSUES: • While no assessments are proposed by Eagan to adjacent properties, the major impact associated with this project is the change to local accesses to meet MnDOT's guidelines for the proposed upgrade. Currently, there are 34 accesses along this 2.7 mile segment of State Highway. Upon completion, there will be 8 accesses with full turning movements, 22 accesses restricted to right-in/right-out turns only and 3 accesses will be closed (removed or relocated to local streets). These access restrictions are not only necessary to meet MnDOT requirements, but were also a significant factor in obtaining the $5.5 million of federal funding and $1.6 million of State funding for these safety related improvements. • Right of way and easement acquisition will be major factor on the ability to award a contract for construction to begin in 2006. If acquisition has to be obtained through eminent domain proceedings, the contract will most likely be delayed into the '07 construction season. ATTACHMENTS: • Feasibility Report, under separate cover. • Informational Neighborhood Meeting Minutes, to be distributed with the Additional Informational Memo on Monday. • Kwik Trip Request & Exhibit, pages ~ through ~. ~~ ~ Y r 21 05 02:07p Scott Teigen Kwik Trip (715)235-7808 p.l ^ MEMO ~,~-~ ~ s1- ~0 75' So/Z .3 ~oQ~r~ (~~~ r wee ~-- ~~ ~~~~ Date: /~~~ z ~ ~ 2-C~~ S Subject: ~/~ ~ _ ~,~/~~ ~ ~9- ~'wi~r ~wi~r • .. .. Scott J. Teigen Director of Real Estate .,~os~~~~~c~ ~-~ / ~1 mac. ~ C JCCI.C `~~~ 7 Y ~ ~~ ~~ ~~~ S ~e C~-~ ~c C~ ~/~t .- f - ~ ~ Z? ,S S ~Gt~_ G~ ~ P~ S s / /J 19-5 ~ `t G~ ~~`~ i ~~ c.c~. ~ - ~~c-c' _ p~u Z.~ `sue ~ P ~_, S _~ ~ ~P~ ~e coo ~ ~ ,~ ~Z~ ~~~ ~~ c~~~ .f 700 Wol/ZsIFe Bay Road • Suite 280 • Menomonie, WI • 54751 ~ _. ~ Office: (715) 235-6626 • Fax: (715) 235-7808 ~ --- s~ p,., s ~ a e t~ d u 6 ~ /~ ~~ f~.t.,_ Mar 21 05 02:07p u r,. '~ \ J ~ ~ z ~ , n L0 N 1 N `^ I v' ~~ `~ N '-` ~~ ~• N Scott Teigen Kwik Trip (715)235-7808 I•,d.•.;i;l_-.-,~~-:~•„~~J JUI lq •~:y 13~V'~ F•, hl 1 ~ ~~.~~~~ ~ ~ ~ "' ~~ ~ ~ ~ l ~ I I ~ ~~ l -'' • 1 --. ~ j .' ~ ' ~ t I r \ ~ ~ p.2 \~ \ \' \ Mar 21 05 02:07p .~, .~. I1,~. J ~~ Z m .~ °~ 4 ~v fi ~, Scott Teigen Kwik Trip (715)235-7808 r~~.~~l;t..-Ull~)-<~.~:~! J~.11 1~- •'J%~ 1~~V~ t-~.hl I I t ~,~/ ..111 . 'IIINII 1 ••111 q / IV. i ~ ~ ~.~ :. + _r. .. ._._~ ~ ~~ ~' ! • _, ;~ ~ ~ --. ~.__ \~ ~~._ ~~~ ~~ •~ 1 ~~ ~ ,- ! ~---~ ~~~~\ o~ ~~ ., S'AA1 F• M ~~ 1 ~ l _~ 1 1 ,~ l p.3 ~, F ,, ,,~ ~ ,~ , ~ ! ~ - ~, ' ~ ~ ~ •\II .~\ ~ ~11/YI I~ LII~ ~\../ ~~ ./InIMI ` I, ~.ti 'r~\A11~-~IIIMIIf .N\q~I.M~ ~~ 1 M 1 ~~\11 1 ~ . Agenda Information Memo Apri15, 2005 Eagan City Council A. CONDITIONAL USE PERMIT (LOT 1, BLOCK 1, BEST BRANDS ADDITION) -BEST BRANDS CORP. ACTION TO BE CONSIDERED: To approve (OR to deny) a Conditional Use Permit for outside storage to install two product storage bins on property at 1765 Yankee Doodle Road, legally described as Lot 1, Block 1, Best Brands Addition, subject to the conditions listed in the APC minutes. To approve (OR to deny) a Variance for the structures to exceed the maximum 40 foot height limit, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: • The site contains an existing industrial operation with 118,000 sq. ft. of building space on the westerly portion of the site. • Best Brands is proposing to install a new outbuilding and two product storage bins (silos) which will be used with a new product conveying systems. • The silos and outbuilding will be located on the south side of the existing building. • The proposed outbuilding is 248 sq. ft. and "will be used to house the mechanical equipment used for the proposed product conveying system." • The outbuilding will share one wall with the existing building and will be constructed of materials similar to the existing building. • The proposed silos have an overall structure height of 48 feet -- 40 feet with an 8-foot dust collector on the top. • According to the applicant, "the dust collectors are required to prevent the storage bins from being over pressurized during offloading from bulk trucks. These dust collectors, filter the air prior to being discharged to the atmosphere." • The proposal appears to satisfy the outdoor storage standards in the City Code. ISSUES: • Pursuant to a CUP issued in 2002, portions of the area southeast of the building are used for trailer storage. There are some outstanding site improvements (paving and installation of a concrete pad) required by the 2002 CUP that should be fully satisfied prior to issuance of a building permit for the proposed silos. • The residential use of the house on the eastern portion of the property does not conform to I- 1zoning standards. In addition, it results in more than one principal use on the property. The property should be brought into compliance by ceasing the residential use and removing the house from the property. 60-DAY STATUS: Deadline is April 17, 2005 ATTACHMENTS: ~O March 22, 2005, APC Minutes- 7 ~- Staff report, pages ~ through ~~ City of Eagan Advisory Planning Commission Meeting Minutes March 22, 2005 Page 14 D. Best Brand Corps. Applicant Name: Darwin Schlinger, Best Brand Corps Location.: 1765 Yankee Doddle Road; Lot 1, Block 1, Best Brand 2nd Addition Application: Conditional Use Permit A Conditional Use Permit for outside storage of flour silos. File Number: 08-CU-03-02-05 Application: Variance A variance to the height of the silos. File Number: 08-VA-03-02-05 Planner Dudziak introduced this item and highlighted the information presented. in the City Staff report dated March 17, 2005. She noted the background and history... Darwin Schlinger discussed the included document addressing concerns of Best Brands Corporation. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. The Commission raised questions about the conditions requiring conformance with previous conditional use permit requirements. Planner Dudziak indicated tha# the property owner had done some but not all of the improvements required under a previous CUP approval; Director Hohenstein indicated That while property owners are expected to meet CUP conditions within a reasonable time after they are established, they sometimes do not and, when they_ask for City consideration of additional approvals, they are required to meet the standards. The Commission asked about the presence. of the residential structure on the site. Mr. Schlinger indicated. that the house is occupied under an informal agreement with the former owner of Best Brands and that the current owners and managers know little about the arrangement. The Commission asked what is typically done in such situations. City Attorney Bauer indicated that when non-conformities exist on the site and a property owner is asking for development approvals, it is typical to require that they bring the property into conformance with City Code. The Commission suggested that it may be appropriate to set a timeline for vacating and removing the residential property. Member Bendt stated support for the proposal and stated the company does a good job of maintaining the building. Member Bendt moved, Member Chavez seconded a motion to recommend approval of a Conditional Use Permit for outside storage to install two product storage bins on property at 1765 Yankee Doodle Road, legally described as Lot 1, Block 1, Best Brands 2nd Addition, in the SE '/4 of Section 8 subject to the following conditions as amended: '79 City of Eagan Advisory Planning Commission Meeting Minutes March 22, 2005 Page 15 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The requirements of the 2002 CUP should be fully satisfied prior to issuance of a building permit for the proposed silos including installation of a heavy duty bituminous asphalt at the entrance to the southeast truck storage area, installation of a new concrete pad for the trailers to rest on, and maintenance of the recycled bituminous asphalt driveway. 3. The silos and equipment building shall be painted to match the existing building. 4. Within one year or the expiration of the lease, whichever is less, the property-shall be brought into compliance with zoning standards by ceasing the residential use and removing the house from the property. All voted in favor. Motion carried 7-0. Member Bendt moved, Member Leeder seconded a motion to recommend approval of a Variance for the structure to exceed the maximum 40 foot height limif to install silos with a dust collector on top totaling 48 feet in height, on property at 1765 Yankee Doodle Road, legaaly described as Lot 1, Block 1, Best Brands 2nd Addition, in the SE '/4 of Section 8 subject to the following condition: 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 gran#ed by°-the council. Such extension shall be requested in writing at leasf 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use_permitted in the variance. All voted in favor. Motion carried 7-0. VII. VISITORS TO BE HEARD (FOR THOSE.NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VIII. OTHER BUSINESS Community Development Director Jon Fohensten stated a Workshop will be held on April 7, 2005. IX. ADJOURNMENT Member Bendt moved, and.. Member Leeder seconded a motion to adjourn the Advisory Planning Commission meeting at 10:25 p.m. All voted in favor. Motion carried 7-0. Respectfully Submitted by: So PLANNING REPORT CITY OF EAGAN REPORT DATE: March 17, 2005 APPLICANT: Best Brands PROPERTY OWNER: Best Brands CASE: 08-CU-03-02-OS HEARING DATE: March 22, 2005 APPLICATION DATE: February 17, 2005 REQUEST: Conditional Use Permit/Variance PREPARED BY: Pamela Dudziak LOCATION: 1765 Yankee Doodle Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit for outside storage to install two product storage bins and a Variance for the structure to exceed the maximum 40 foot height limit, on property at 1765 Yankee Doodle Road, legally described as Lot 1, Block 1, Best Brands 2na Addition, in the SE '/4 of Section 8. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 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. S/ Planning Report -Best Brands March 22, 2005 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have. vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets: 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials , hich are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. c. The outdoor storage area shall be screened from view from the public right-of--way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. ~~ Planning Report -Best Brands March 22, 2005 Page 3 f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY The Best Brands facility was founded in 1976. The company manufactures and warehouses bakery ingredients. In the 1990s, Best Brands experienced significant growth, expanding the facility three times. The two buildings consist of approximately 118,000 square feet on 16.7 acres. In 1990, Best Brands acquired the northeasterly 9.5 acres in anticipation of future expansion. The 9.5-acre parcel contained a farmhouse and some outbuildings. In 1995, Best Brands replatted the property as a single parcel; the farmhouse and outbuildings remained. This residential use is not in conformance with I-1 zoning standards. It is anon-conforming use, and results in multiple buildings and two principal uses on the property. In 2002, Best Brands received approval of a CUP to allow outdoor storage of truck trailers and materials. EXISTING CONDITIONS The site contains two existing industrial buildings on the westerly portion of the site. Access is provided from Yankee Doodle Road in several locations, and from Terminal Drive to the west. To the east of the principal building, the lot is surfaced with Class V gravel. A crushed recycled asphalt driveway runs through this area. Pursuant to the 2002 CUP, portions of that area are used for trailer storage. The parking lots and service areas are surfaced with bituminous asphalt. Certain site improvements including grading, surfacing and landscaping were required as part of the 2002 Conditional Use Permit approval. Best Brands has not fully implemented those required site improvements. Outstanding improvements include installation of heavy duty bituminous asphalt, installation of a new concrete pad for the trailer storage on the southeast portion of the site, and maintenance of the recycled asphalt driveway. The requirements of the 2002 CUP should be fully satisfied prior to issuance of a building permit for the proposed silos. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North/Northwest Office and semi trailer I-1, Limited Industrial IND, Limited Industrial stora a lot West/Southwest Office (Blue Cross Blue I-1, Limited Industrial IND, Limited Industrial Shield Minnesota East Hwy. 13/ Single Family R-1 Single Family O/S, Office/Service and and Office Residential / PD, LD, Low Densi ~~ Planning Report -Best Brands March 22, 2005 Page 4 Planned Develo ment Residential South/Southeast Valley Lounge/Office PD, Planned O/S, Office/Service (Blue Cross Blue Shield Development Minnesota EVALUATION OF REQUEST Description of Proposal -Best Brands is proposing to install a new out building and two product storage bins (silos) which will be used with a product conveying systems. This will allow Best Brands to have base products (flour) delivered in bulk and stored in the bins outside, then conveyed into the building for use as needed. The proposed outbuilding is 248 sq. ft. and "will be used to house the mechanical equipment used for the proposed product conveying system." This building will share one wall with the existing building and will be constructed of cement block similar to the existing building and painted to match the existing building. The silos and outbuilding will be on a new cement slab adjacent on the south side of the existing building. There is an eight-foot dust collector on the top of each bin, resulting in an overall structure height of 48 feet, necessitating the Variance. "The silos will be painted `off white' or a color matching the existing building." "Barriers will be installed around the perimeter of the cement slab to act as a protection against accidental damage from truck traffic." Compatibility with Surrounding Area -None of the adjacent properties are guided or zoned for residential use. All surrounding properties are zoned I-1, Limited Industrial or PD, Planned Development. Surrounding properties consists of other industrial uses such as outside storage or manufacturing, office (Blue Cross Blue Shield to the southwest), and abar/restaurant (Valley Lounge) to the south. The house on the eastern portion of the property is currently occupied by a renter. This residential use does not conform to I-1 zoning standards. In addition, it results in multiple buildings and more than one principal use on the property. The property should be brought into compliance by ceasing the residential use and removing the house from the property. Site Plan -The proposal includes two silos and associated equipment located adjacent to the south side of the principal building on a new concrete slab. The equipment will be located within a small building located adjacent to the south side of the principal building. This equipment building will be 17'4" x 14'4" x 10' in height, a total of 248 square feet. The proposed silos are 12 feet in diameter and 40 feet in height, with an 8-foot dust collector on top. "The storage bins have a conical cone on the bottom to discharge products by the conveying system," and have a housing or "skirt" around it which matches the diameter of the silos. "These `skirts' will also contain an access door for maintenance and cleaning under the storage bins." A Variance is requested for the structure height exceeding the 40-foot maximum allowed in the I-1 zoning district. While the silos are just 40 feet in height, with the dust collector on top, the ~~ Planning Report -Best Brands March 22, 2005 Page 5 they have an overall height of 48 feet. According to the applicant, "the dust collectors aze required to prevent the storage bins from being over pressurized during offloading from bulk trucks. These dust collectors, filter the air prior to being discharged to the atmosphere." Landscaping -City Code requires screening of parking and storage areas from the public right- of-way. Screening between industrial properties is not required. However, the proposed silos are screened from Yankee Doodle Road by an existing berm and trees. The area is also screened from Terminal Drive by the building, however, because of their height, the silos will be visible above the building -- from Hwy. 13 and Terminal Drive. No new landscaping is proposed. Access/Street Design -Access to the site is provided from Yankee Doodle Road in three locations. One access is also provided from Terminal Drive. There are two existing dock doors in the area where the silos and outbuilding will be added. The area is paved and has sufficient room for truck maneuvering. Outdoor Storage Standards -The silos are proposed to be located on the south side of the building. The silos are set back behind the front setback line of the L-shaped building. The silos and their associated equipment building will be placed on a new concrete pad and surrounded by barriers to protect them from accidental damage from trucks. The area surrounding the silos is paved with bituminous asphalt. None of the adjacent properties are guided or zoned for residential use. All surrounding properties are zoned I-1 or PD (office). The location of the silos allows adequate room for vehicles to maneuver without interference. The silos will be located on a concrete pad and do not take up required parking or landscaping areas. SUMMARY/CONCLUSION Best Brands is requesting a Conditional Use Permit for two storage silos to hold bulk products for use within their facility. The purpose of the Advisory Planning Commission's review of a Conditional Use Permit is to ensure compatibility with the surrounding area. The conditions of the 2002 CUP must be fully implemented and the property brought into compliance with I-1 zoning prior to the issuance of a building permit for the silos. In addition to economic savings realized by having "base products delivered and stored in bulk," the flour silos will be used in conjunction with a new conveyance system which will help the company "better manage inventory, reduce waste, and provide a safe and more ergonomically correct way of handling these products." The site is zoned Limited Industrial and is surrounded by other industrial and office development. The location of the silos meets setbacks for outdoor storage and is enclosed by barriers. The silos with the required dust collector on top exceed the maximum allowable height of 40 feet. Thus a Variance is also requested. The dust collectors are necessary to prevent the storage PS Planning Report -Best Brands March 22, 2005 Paee 6 bins from being over pressurized during offloading from bulk trucks and filter the air prior to being discharged to the atmosphere. ACTION TO BE CONSIDERED Conditional Use Permit for outside storage to install two product storage bins on property at 1765 Yankee Doodle Road, legally described as Lot 1, Block 1, Best Brands 2id Addition, in the SE '/4 of Section 8. If approved, the following conditions should apply. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The requirements of the 2002 CUP should be fully satisfied prior to issuance of a building permit for the proposed silos including installation of a heavy duty bituminous asphalt at the entrance to the southeast truck storage area, installation of a new concrete pad for the trailers to rest on, and maintenance of the recycled bituminous asphalt driveway. 3. The silos and equipment building shall be painted to match the existing building. 4. The property shall be brought into compliance with zoning standards by ceasing the residential use and removing the house from the property To recommend approval of a Variance for the structure to exceed the maximum 40 foot height limit to install silos with a dust collector on top totaling 48 feet in height, on property at 1765 Yankee Doodle Road, legally described as Lot 1, Block 1, Best Brands 2°d Addition, in the SE '/4 of Section 8. If approved, the following conditions should apply: If within one year after approval, the variance shall not have been completed or utilized, it shad 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. $6 FINANCIAL OBLIGATION-0&CU-03-02-05 -1765 Yankee Doodle Road Lot 1, Block 1, Best Brand 2°d Addition There are pay-off balances of special assessments totaling $-0- on the pazcel proposed for the conditional use. At this time, there are no pending assessments on the parcel. 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 aze computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or conditional use. IMPROVEMENT None USE RATE QUANTITY AMOUNT -0- Total ~-a ~~ Location Map Eagan boundary ~'~/Street Centerline Parcel Area t3uilding Footprint Development/Developer: Best Brands Application: Conditional Use Permit/Variance Case No.: 08-CU-03-02-05; 08-VA-03-02-05 Map Prepared m0 1 1. P cal base map data provided by Dakota my of I nd Is rtent as of January 2005. N : THIS PIS E OR REFERENCE USE ONLY W~1: eagan city ot The City of Eagan and Dakota ounty of guanntes the accuracy of this information and are s l:ommu'dty Development oepart~nt not responsible for errors or omissions. 1000 0 1000 2000 Feet Current Zoning and Comprehensive Guide Plan Best Brands Land Use Map Conditional Use Permit and Variance Case No. 08-CU-03-02-05; 08-VA-03-02-05 Zoning Map 1•' PF ~ 1-1 Location , Current Zoning: ~~ R., R• f ~~ ' 1-1 Limited Industrial pD PD co R~ uurr.o.oi 1-1 PD PD ~~ a ~~ J~t PD o 1-' 4' `~ o tsoo r.•t soo o s A~ Comprehensive Guide Plan ... IND Mp Land Use Map ° OP ~ Location MD IND • ~ LD ~i~t , IND Current Land Use Designation: ~ ml] o/s ~ IND as ND Limited Industrial ~ txwrr rw•o no.a IND SA ~"' O/S '~ IND ~+ 4~ soo o soo tsoa r••t ~ -vc•I 6a•• map form tion y ota County Land Surwy Dopartm-R Juno 2007. N 2 i anon ~Intain•d OyCity EafL City of Eagan W~E T IS MA INT N/ D FOR REFERENCE USE ONLY Community Development Department The City of Eagan an Dakota Co do not guarantee the accuracy of this I~ormation. S 01 ~~ '~,~'~~ y~~a ~~ 4 N ~JN ~y 4 ~ m~2 N~a~ L °i~~ qyo ~2~ No ~o ~ y"'o W o~~yi $ 3~'kj n~ '~o~y ~ Vy G°~ ~ ~J ~N ~p~' N~~Z~~ oy"p ~o\ '~V. y ~ O Y Z~ N N,~, N 6 0 ~~~ o~NYa ~~,p~ ~ \ ~~ ' ~~ $ ~ ~ y-, ~ "a m `.J6N N d ~ . ~~ ~a r i J.b'MHeJIH 31t/1S >~ .~ ~`~~QL ~0 3 i 0 Z_ P C U' c s E D O n .~ 0 m I -- - ;l `~ ~ l ~ ~{ ,;-~.~I ~_ ~....: ~~ ~~ ~~t~~ : ; -- - w j ~ ---- :;. _~ ~: ___ _ .~ i ~ s .~ ~ H' m K c 3~ ~, QO r O O ~ 1~y N r o .- ~~ t1~ 4 ~ ~c y = .O C -L4' ~m ~ ~ o (O ~s ~ ~ a ~ "' ~ ° W m ~ LL N I`-I o m ~ py m 0 E <g a ~ ° m m''° ~ l ~~ ~ ~ H Q ? o o"a vo N v '^`~ ' C O (O U°~ ~ •~ 'v ' ~ ~~ ~ a~ ti ,y1-r > 0 ~ IM..1 ~ o ~' { ~~ - 0 ~~F~~ ., r -~ L-_~ .____;~__________. a A ~ '~ s .z. _} ~~ /SIDE VIEW OF PROPOSED SILOS 0 z 5 4 ~ •i m O O ? `~ l I~ --- ~~ i~ ~~ 1~ I~ I~ I~ I) I' ~i~/ I ~ •\~J -~ ~ Hi w ,,,;, ELEVATION 5 ,~,~, J ® '. ~ .. h .® `~ _ !.` / %! /; \\\\\\\\\\ ` /ACT %~~ . ~Q~ Q~ ~, /-~ TOP VIEW OF AREA 75'-3" ~~~_~, e~~`~~ ~I~QOS~O QUO 5 ~~~,0 ~~~ Q~~Q~ ~~~ P ,ti ;~ %~ iiv i cr~ivrt tl~lUlt'MtN I Best Brands Silo Project Written Narrative: Guide Plan: Best Brands Corporation, residing at: 1765 Yankee Doodle Road Eagan, MN 55121 Property Identification Number (PID): 10-13831 010 O1 ~ Best Brands Corp. ~~ I~no•:a;i~:e Prcd~cts ar.d Servi,e. - 6oticm Line Results. Is submitting an application fora "Work Permit" and possibly a "Variance" to install one (1) new out building and two (2) product storage bins. The out building and storage bins will be used in conjunction with a product conveying system also being installed within our existing facility. See Process Flow Diagram. Best Brands Corporation has recognized that there are economic savings with having our base products delivered in bulk and stored in the proposed storage bins for use within our facility. Best Brands also recognizes other advantages to having such a system in place. The new system will help us better manage inventory, reduce waste, and provide a safe and a more ergonomically correct way of handling these products (Flour). Footings & Supports: The outbuilding and two storage bins will require footings and a cement slab for support. The support will be approximately 50 feet X 16 feet and extend approximately 6"-8" above final grade. The following dimensions are only a reference as these dimensions can change based on the final design and installation submitted by a licensed professional engineer (Not determined'at this time). The storage bin supports will be designed to withstand wind loads and seismic activity that meet or exceed current City, State, or Federal guidelines. The existing storm sewer running though this location will be routed around the new footings. This will be addressed with the designs submitted by a licensed professionals engineer. • Outbuilding: The proposed out building (17'-4" O.D. X 14'-4" O.D. X 10' Height) or (248 Sq Feet) will be used to house the mechanical equipment used for the proposed product conveying system. The proposed location for the outbuilding and storage bins will be adjacent to the existing building. (See Drawing for details). This location is current being utilized as a loading dock for loading and unloading semi trailers. The outbuilding will be constructed with cement block similar to the existing building. Three walls will be constructed with the fourth wall being part of the existing building. The exterior of the building will be primed & painted to match the existing building. The two sidewalls will contain louvers need for the exchange of air by the mechanical equipment housed within this building. The front wall will contain a 6' double door to access the room. The doors will also have louvers installed in them for ventilation. The roof will be slopped out away from the existing building with roof drains piped to the current grade were existing storm sewers are located. Best Brands Engineering 1765 Yankee Doodle Road ~~ Eagan, MN SS121 G 1 1 of 4 Date: 2/ 14/2005 Best Brands Silo Project Written Narrative: ~ Best Brands Cori. ~ I~no•:ati:-e P~cd;~cts ar.d Ser•::,e. - 6UtlCT Lire Resells. Storage Bins: The two (2) Storage Bins (12' Diameter X 40' height) will be located out beyond the new outbuilding by approximately five feet. This will allow access to the out building though the six foot double door. An eight-foot tall dust collector will be located on the top of each storage bin. With a total height being approximately 48 feet from ground level. The dust collectors are required to prevent the storage bins from being over pressurized during offloading from bulk trucks. These dust collectors, filter the air prior to being discharged to the atmosphere. The storage bins have a conical cone on the bottom to discharge products by the conveying system being installed. This section of the storage bins has a housing around it, which matches the diameter of the storage bins (a skirt). These "skirts" will also contain an access door for maintenance and cleaning under the storage bins. The silos will be primed and painted "off white" or a color matching the existing building. Utilities: (Water, Sewer, Heat & Compresses Air.) Both the out building and silos will be designated as "Dry Clean Only!" areas. No water or sewer will be installed in the out building or at the base of the product storage bins. Upon completion of the excavation, the area surrounding the footings & cement slab will be restored to its original condition. Barriers will be installed around the perimeter of the cement slab to act as a protection against accidental damage from truck traffic in this area. Building heating is not included in the project. However, the mechanical equipment housed in this building provides adequate building heat. Compressed air will be routed to and from this room as part of the plant wide compressed air system. The equipment used in the outbuilding requires compressed air. An Electrical control panel will be housed in the outbuilding to supply power to the equipment used for the powder- conveying project. Lighting: Current outside lighting in this area should be adequate. Current plans do not include any additional outside lighting in this area. If additional lighting is needed upo, completion of this project it will be added. Surrounding area: There is a trash compactor located to the east side of the proposed location for the out building and storage silos. This will be untouched unless it presents problems with the footings and foundations for the outbuilding and storage silos. Recommendations from a licensed Professional Engineer will be perused. On the west side of the proposed location are two other dock doors that will be undisturbed. Use of these dock doors will commence upon completion of the excavation in this area. Project Schedule: The project is currently scheduled to commence upon receiving a work permit and variance to install the out building and two product storage bins. This phase of the project will be competed within a 5-month period. The completion of the product- Best Brands Engineering 1765 Yankee Doodle Road Eagan, MN 55121 /// /D 2 of 4 Date: 2/ 14/2005 Best Brands Silo Project Written Narrative: ~ Best Brands Corp. ~~ I~~eraEi:~e Prcd;;cts er.d Se:~:ce. - Boucm Lire Resells. conveying project will take place approximately 6-7 months after breaking ground for the outbuilding and storage bins. Total project length will be approximately 7-8 Months. Performance: Contracting firms (Mechanical, Electrical, & Architectural) specializing in their expertise will perform a majority of this construction /equipment installation. Best Brands maintenance staff will perform minor item needed to complete the project in the time frame allotted. Best Brands Engineering Department will oversee the entire project from detailed designs, installation, and on thru completion. Documentation & scheduling of the project will be maintained by the Engineering Department at the Best Brands facility where the work is being performed. Zoning: The existing property and facility are currently zoned for a manufacturing. This project will be an extension of the products and services provided/manufactured at Best Brands Facility. Contact Information: Any questions regarding this project can be directed to; Darwin Schlinger, Plant Engineer Phone: 651-454-5850 Ext. 255 Email: darwin@bestbrandscorp.com Or Ted Kadrlik, Plant Manager Phone: 651-454-5850 Ext. 263 Email: tedk@bestbrandscorp.com Or Craig Johnson, Maintenance Manager Phone: 651-454-5850 Ext. 281 Email: craigj@bestbrandscorp.com Enclosed (4 set of each): Site Location Drawings, Elevation View Drawing, and Process Flow Drawing. Mailing List & Labels. Sincerely, Darwin Schlinger Best Brands Engineering 1765 Yankee Doodle Road ~~ Eagan, MN SS12] ~~ 3 of 4 Date: 2/ ] 4/2005 Agenda Information Memo Apri15, 2005 Eagan City Council B. PLANNED DEVELOPMENT AMENDMENT - INTERSTATE PARTNERS ACTION TO BE CONSIDERED: To approve a Planned Development Amendment (Grand Oak 5) to allow a redistribution of 140,000 SF of office space on three of the four parcels located at the northwest intersection of Highways 55 and 149 in the east''/2 of Section 2 subject to conditions in the 3-22-OS APC minutes. To approve an overall Signage Plan for the retaiUservice, bank and office uses approved in 2004 on four lots (on approximately 13.5 acres) located at the northwest intersection of Highways 55 and 149 in the east % of Section 2 subject to conditions in the 3-22-OS APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: Amendment - In 2004, the City Council approved a Comprehensive Guide Plan Amendment to change the designation from Special Area 2-Business Park to Special Area 2-Office/Service, a Rezoning from Business Park to Planned Development, and a Preliminary Subdivision of approximately 13.5 acres to create four lots. - The proposed amendment allows a shift in building square footages but does not increase the intensity or the need for parking of the development originally approved last year. Staff believes the addition of a second story for the bank and having all office buildings in the development being multi-story improves the proposed development in an important way. Sign Plan - Because a tenant mix hadn't been identified, the approved PD contains a condition of approval that reads: "The ultimate Signage Plan shall be subject to Site Plan review and approval by the City Council." - The overall Sign Plan includes some deviations from Sign Ordinance standards for building signage; however, the end result is less total square footage of signage than the City Code would allow. 99 ISSUES: - The applicant requested that the bank pylon be allowed an additional electronic message be allowed on the reader board, displaying interest rates. The Sign Ordinance limits electronically changing copy to time and temperature only. The APC, concerned with an undesirable precedent being set, concluded that limiting electronically changing copy to time and temperature was appropriate. 60 DAY AGENCY ACTION DEADLINE: Apri125, 2005 ATTACHMENTS: (2) Draft March 22, 2005, APC Minutes, pa es ~ through. Staff report, pagesfd„~ through ~ /~ MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA March 22, 2005 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, March 22, 2005 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members Chavez, Dugan, Bendt, Leeder, Matthees and Gladhill. Also present were, Community Development Director Jon Hohensten, Planner Sheila Cartney, Planner Pam Dudziak, City Attorney Bob Bauer, Assistant City Engineer John Gorder, and Recording Secretary Camille Yungerberg. AGENDA Member Leeder moved, Member Bendt seconded a motion to adopt the Agenda. All voted in favor. Motion carried 7-0. February 22, 2005 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Leeder moved, Member Matthees seconded a motion to approve the February 22, 2005 Advisory Planning Commission Meeting minutes, All voted in favor. Motion carried 7-0. III. VISTITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. PUBLIC HEARINGS- Old Business A. Grand Oak. Five Applicant Name: Matt Miller, Interstate Partners Location: Hwy 55 and Dodd Road; Plat of Grand Oak Application: Planned Development Amendment A Planned Development Amendment to allow a redistribution of the 140,000 Sq. ft. of office space and approval of a uniform.. building signage plan. File Number: 02-PA-02-02-05 Chair Heyl stated she would be abstaining from voting on this item. Community Development Director Jon Hohensten introduced this item and highlighted the information presented in the City Staff report dated March 14, 2005. He noted the background and history. Vice Chair Bendt opened the public hearing. /D / City of Eagan Advisory Planning Commission Meeting Minutes March 22, 2005 Page 2 Greg Miller, President of Interstate Partners, asked that an additional message be allowed on the reader board, displaying interest rates. He stated the signage has been reduced from 20 percent to seven percent. There being no further public comment, Vice Chair Bendt closed the public hearing and turned the discussion back to the Commission. Member Gladhill objected to the request for an additional message on the reader board, stating precedence would be set for future businesses. Member Leeder also opposed the additional message on the reader board however stated agreement with the remaining proposal Vice Chair Bendt also stated agreement with Member Gladhill in regard to the additional message. Member Leeder moved, Member Dugan seconded a motion to recommend approval of a Planned Development Amendment to allow a shift in office square footage from one building to another on property located at the northwest intersection of Highways 55 and .149 in the east'/2 of Section subject to the following conditions: 1. The developer shall enter into an amended Planned Development Agreement that memorializes the building square footage allotment. 2. The developer shall record the amended Planned Development Agreement against Lots 1, 2 and 4. All voted in favor. Motion carried 6-0. Chair Heyl abstained from voting on this item. Member Leeder moved, Member Chavez seconded a motion to recommend approval of an overall signage Plan for Grand Oak Five located at the northwest intersection of Highways 55 and 149 in the east'/z of Section subject to the following conditions: 1. The applicant is allowed two monument signs- one each on Lots 1 & 4. 2. The applicant is allowed on 25' tall center identification sign (Shops at Grand Oak) on Lot 3. 3. The applicant is allowed on 22" tall pylon sign (bank) on Lot 2. Electronically changing copy, except for time and temperature, shall be prohibited. The space between the brick support pillars shall not include separate reader board panels. 4. The applicant is allowed building signage, of up to 7% of any facade, on all sides of the retail building, three sides f the bank building and two sides of the office buildings. 5. The monument signage, center identification and bank pylon shall meet Sign Ordinance height and area standards. 6. Unless otherwise approved, all signage shall be subject to the requirements of the City of Eagan Sign Ordinance. 7. The signage Plan shall be recorded against all lots in the Grand Oak 5th Addition. All voted in favor. Motion carried 6-0. Chair Heyl abstained from voting on this item. /o~ PLANNING REPORT CITY OF EAGAN REPORT DATE: March 14, 2005 APPLICANT: Interstate Partners PROPERTY OWNER: Grand Oak, CR REQUEST: Planned Development Amendment LOCATION: East %2 of Section 2 CASE: OZ-PA-02-02-OS HEARING DATE: March 22, 2005 APPLICATION DATE: February 25, 2005 PREPARED BY: Michael J. Ridley, AICP COMPREHENSIVE PLAN: Special Area 2 -Office/Service (OS) ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a shift in office square footage from one building to another and approval of an overall Signage Plan for Grand Oak Five located at the northwest intersection of Highways 55 and 149 in the east'/2 of Section 2. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY In 2004, the City Council approved a Comprehensive Guide Plan Amendment to change the designation from Special Area 2-Business Park to Special Area 2-Office/Service, a Rezoning of approximately 13.5 acres from Business Park to Planned Development, and a Preliminary Subdivision of approximately 13.5 acres to create four lots. The area in question was approved is located within a Tax Increment Financing (TIF) Redevelopment District created by the City and designed to remove blighted structures and land uses inconsistent with Business Park zoning /03 Planning Report -Grand Oak Five Amendment March 22, 2005 Page 2 standards. The City had acquired portions of the subject site that contained an office building, three office/warehouse buildings and areas with assorted outside storage in 2004. Because a tenant mix hadn't been identified, the approved PD contains a condition of approval that reads: "The ultimate Signage Plan shall be subject to Site Plan review and approval by the City Council." EXISTING CONDITIONS Interstate Partners, LLC has acquired City-owned (formerly Imre) property in the area. Some structures have been removed and existing outdoor storage has been relocated within the site to make way for the proposed development. Traci Gliori, TMI Coatings has closed on the former Aagard Sanitation site at 3291 Terminal Drive. TMI will be vacating the "triangle" building on the subject site in the near future. There is a one mile long bituminous trail around the centralized stormwater pond that serves all existing buildings in Grand Oak. The developer intends to extend the trail to also serve the proposed development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Grand Oak I & II BP S ecial Area 2 - BP South Office/Warehouse Limited Industrial IND East The Waters Office Park - Office & Office/Warehse Planned Development Special Area 2 - Office/Service West Office & Office/Warehse BP S ecial Area 2 - BP EVALUATION OF REQUEST Amendment -The approved PD will add 140,000 SF of office space (including a bank w/drive through) to the Grand Oak Business Park and approximately 14,000 SF of retaiUrestaurant at this prime intersection which will be beneficial to this area and the City as a whole. The approved Site Plan illustrated the Grand Oak 9 office building (Lot 4) would be 30,000 SF in size and that the bank building (Lot 2) would be 10,000 SF. Additionally, the PD conditions allowed flexibility in that the combined square footage of the two lots would not exceed 40,000 SF via a mix of multiple and single story development. Interstate Partners will develop the two Grand Oak office buildings and the retail/restaurant component (Lots 1, 3 and 4). Subsequent to Lot 2 being sold to a bank, representatives of the bank and Interstate approached City staff about adding a second story to the bank building to /o y Planning Report -Grand Oak Five Amendment March 22, 2005 Page 3 accommodate additional space for headquarter offices. Staff is receptive to locating the bank headquarters and amultiple-story building at this prominent gateway location. As Interstate continues to market the remaining components of Grand Oak Five, the interest in the development is such that the demand is there for multiple story office buildings for both Grand Oak 9 and 10. To keep efficient floor-plate sizes and meet the anticipated demand for office space, Interstate is proposing to reduce the approved square footage of Grand Oak 10 (rather than GO 9) by the increase in square footage of the bank; approximately 10,000 SF (100,000 SF to 90,000 SF). The end result is all of the office buildings in the development will be two or three stories in height yet there will be no net change in the approved intensity of development. Si n~ -The Preliminary Planned Development staff report stated "...the site signage will need to be uniform and, perhaps, understated." The report further stated "For example, the City may desire less sign square footage than the Sign Ordinance would allow, no flashing lights or moving copy and perhaps all signage should be externally lit." The development site is located at the heavily traveled intersection of State Highways 55 and 149 which functions as a major gateway to the City. The developer is being responsive to this by adding high quality exterior materials and architectural features to each of the buildings. In particular, the retail/service buildings are designed to be double-loaded, essentially with two fronts and two sides, with parking and full customer access on either side of the building. Interstate is proposing two monument signs -one each on Lots 1 & 4, one 25' center identification sign (Shops at Grand Oak) on Lot 3, one 22' pylon sign (for the bank) on Lot 2 and building signage on the retail, office and bank buildings. The monument signage, center identification and bank pylon meet Sign Ordinance height and area standards. The photo graphic provided for the bank pylon depicts an electronically changing message board as well as a seven panel reader board. The Sign Ordinance prohibits electronically changing copy except for time and temperature. To enhance the area's signage, the space between the brick support pillars should not be filled with reader boards. The applicant is seeking the modifications to maximize the visibility of the site at the State Highway intersection; however, the percentage of building signage proposed will result in less square footage of building signage than that allowed by the Sign Ordinance. The table below illustrates the proposed building signage for the site: Building Si na a Allowed # of Sides Proposed # of Sides Allowed % er Fa ade Proposed er Fa ade Office Bldgs 2 2 20% 7% Bank 2 3 20% 7% Retail Bldgs 2 4 20% 7% /as Planning Report -Grand Oak Five Amendment March 22, 2005 Page 4 SUMMARY/CONCLUSION The proposed amendment allows a shift in building square footages but does not increase the intensity or the need for parking of the development originally approved last year. Staff believes the addition of the bank headquarters operation and having all office buildings in the development being multi-story improves the proposed development in an important way. The overall Sign Plan includes some deviations from Sign Ordinance standards for building signage; however, the end result is less total square footage of signage than the City Code would allow. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a shift in off ce square footage from one building to another on property located at the northwest intersection of Highways 55 and 149 in the east'/2 of Section 2. If approved, the following conditions shall. apply: 1. The developer shall enter into an amended Planned Development Agreement that memorializes the building square footage allotment. 2. The developer shall record the amended Planned Development Agreement against Lots 1, 2 and 4. To recommend approval of an overall Signage Plan for Grand Oak Five located at the northwest intersection of Highways 55 and 149 in the east %2 of Section 2. If approved, the following conditions shall apply: 1. The applicant is allowed two monument signs -one each on Lots 1 & 4. 2. The applicant is allowed one 25' tall center identification sign (Shops at Grand Oak) on Lot 3. 3. The applicant is allowed one 22' tall pylon sign (bank) on Lot 2. Electronically changing copy, except for time and temperature, shall be prohibited. The space between the brick support pillars shall not include separate reader board panels. 4. The applicant is allowed building signage, of up to 7% of any facade, on all sides of the retail buildings, three sides of the bank building and two sides of the office buildings. 5. The monument signage, center identification and bank pylon shall meet Sign Ordinance height and area standards. /a6 Planning Report -Grand Oak Five Amendment March 22, 2005 Page 5 6. Unless otherwise approved, all signage shall be subject to the requirements of the City of Eagan Sign Ordinance. 7. The Signage Plan shall be recorded against all lots in the Grand Oak 5th Addition. /o ~ Eagan Boundary f\,/` Street Centerline Location Map ~ Parcel Area r----~, Building Footprint __ ~~ , `~ v~ y ~~ ~m .~ w - \ ~ , >~ "; ~\ , ~- - ' r{ ._ , ~ _'~~. ~~ 'ect Site ,~ ~ ~, t. 0 . , i fi. ~ , I __ "'r+.......o" 4 K -~: t ~`' ! 1 ~~ ~- ' ~ i i \9 ~, ~ t ~-~J \ `~i ti -~ 0'7 e,~ c f ry ,~ v, p „ o 1 ~~- D 0 10D0 D 100D 20D0 Feel Development/Developer. Grand Oak Pive Application: Planned Development Amendment Case No.: Case No. 02-PA-02-02-05 Map Prepared usl ER51 A View J.f arcel Das ap data provided N by Dakota Co ty Office n curtent as f January 20a5. 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JRyan nn arise s W ~ ... N , A R C H I T E C T S ~ m j ~ ~ NVIlY. 5 AND . 1 p~NG~swP` Mawr-waaoar +r. wa mm LLullfloO r+.NM~mss 31lS FOb PaAwA. Sulb 291 SaMI Paul, Mlnmaoa 55118 ~~~~ I,,,, •,, ~ EAGAN, INNES < exw.:en ~ 671.W93R5 Faa 699.SS~5 ,,,,,.,.9a~aam~la.~om ' iii ___._. ~ .a~wx-. w.-w w~. EXHIBIT A (Page 1 of 2) Monument Sign /~~' EXHIBIT A (Page 2 of 2) Center Identification Sign ~~y EXHIBIT B Bank Signage m~ rr~C ~~ra„~ 3 rt ^E rrownr+ ~~s. .- ~fst' ~~~fi ' 111LLffYDR1.T nor iiiZiiilll^LL'ECCCCCCAT 6~_ {%r L l' 3 7W^ '. n-, I i I 1 ! f I I I I I .~s• ~ 1 i -===z==== ~-__~ ~__~ C1~5R~SELA`YATIONPYLON A7.1 stc . r-m /IS -r ,,~ Agenda Information Memo March 5, 2005, Eagan City Council Meeting C. REZONING, PRELIMINARY SUBDIVISION, PRELIMINARY PLANNED DEVELOPMENT (FORMER DIAMOND TSITE) -TOLL BROTHERS - TO BE CONTINUED TO APRIL 19, 2005. ACTIONS TO BE CONSIDERED: To Continue consideration of Rezoning, Preliminary Subdivision and Preliminary Planned Development to the regular City Council meeting on April 19, 2005. REQUIRED VOTE FOR APPROVAL: Majority of Council Members present FACTS: - Several neighbors of this development requested this item be continued to the Council meeting on April 19, 2005. - It has since been learned that one, possibly two council members will be absent from the April 5, 2005 meeting. Mayor Geagan and Councilmember Carlson have indicated a desire to hear the item at the April 19, 2005 Council meeting. - Given the time and effort that has been put forth on this project and based on past practice, the City Attorney has advised that a continuance may be appropriate; therefore, this item is on the Council Agenda for April 5th solely to continue consideration to the 19th - Neighborhood advocates have been notified as well as the media and the City webpage has been updated to reflect the continuance to the 19th - The Advisory Planning Commission held a public hearing on March 22, 2005 and recommended approval subject to the conditions in the minutes. Agency Action Deadline: June 29, 2005 ATTACHMENTS (2): Letter from applicant supporting continuance on page Recent neighborhood correspondence requesting continuance on pages~~hrough~ //6 Mar. 31. 2005 9:59AM TOLL BROTHERS No. 0415 P. 2 mall ~rat.~~rs America's Lwrury Home Huilder° Sheila Cartney City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 1t1r: Steoplechase of Eagan Dear Sheila, Per our telephone conversation, i /Toll Brothers, Inc, agree to have the Steeplechase of Eagan preliminary plat continued by request of the City from the April 5'~ City Council meeting to tho April 19`~ City Council meeting. Sincerely, J hn Helmer Toll Brothers, Inc. Land Acquisition Manager //~ New York Stock Exchange • Symbol TOL MINNESOTA DIVISION 8220 Commonwealth Drive, Sutte 1b0 • Eden Pralrle, MN 56844 • (952} 548-8160 • P'ax (952} 548-8170 tollbrothere.com Page 1 of 2 Sheila Cartney From: Jon Hohenstein Sent: Tuesday, March 29, 2005 1:54 PM To: Sheila Cartney; Mike Ridley Subject: FW: Council Mtg April 5 Please include in the background for next week. Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 651-675-5660 Fax 651-675-5694 jhohenstein(c~cityofeagan.com From: Mira Pepper Sent: Tuesday, March 29, 2005 1:50 PM To: 'L. Lani Jacobsen' Subject: RE: Council Mtg April 5 Your message has been forwarded to the Mayor and City Council, as well as the Community Development Director. Thank you for your comments. -----Original Message----- From: L. Lani Jacobsen [mailto:ljacobs@celestica.com] Sent: Tuesday, March 29, 2005 1:02 PM To: City Council Subject: Council Mtg April 5 To: Mayor Geagan, cc: Peggy Carlson Dear Mayor, It is reported that you are giving serious consideration to moving the topic of the Steeplechase Development from the City Council meeting of April 5th to the meeting of April 19th. I do ardently wish that you can make it so. I can understand the wishes of Toll Brothers to address the next vote of the Council with all possible haste. They have had the matter in stasis for the better part of a year. An early spring lends urgency to get the first spadeful dug (if approved), or to move forward with other plans. However, an additional two-week delay is a small inconvenience on a matter that deserves the entire Council's full deliberation. And I refer, of course, to the planned holiday of Ms. Carlson, who would be absent from the April 5th meeting. (My apologies, Ms. Carlson, for bringing up a personal matter.) In addition, a considerable library of materials has been published on this matter, and it serves us all well to take 03/29/2005 ~/ Page 2 of 2 the time to review as much of it as possible before a final decision is reached. I do not believe that the Council can be overly-informed before making a decision about one of the last great places in Eagan. Thank you for your consideration. LaniJacobsen 4872 Knottingham Circle PH: 651.604.2424 EM: Ijacobs@celestica.com 03/29/2005 /~9 Sheila Cartney From: Jon Hohenstein Sent: Thursday, March 24, 2005 1:21 PM To: Sheila Cartney; Mike Ridley Subject: FW: agend 4/5 meeting One more for the 4/5 Steeplechase request for continuance. Jon Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 651-675-5660 Fax 651-675-5694 jhohenstein@cityofeagan.com -----Original Message----- From: Mira Pepper Sent: Thursday, March 24, 2005 1:15 PM To: Jon Hohenstein Subject: FW: agend 4/5 meeting -----Original Message----- From: Deanna Bass [mailto:dbass@umphysicians.umn.edu] Sent: Thursday, March 24, 2005 9:43 AM To: City Council Subject: agend 4/5 meeting Dear City Council members: The proposed Steeplechase development was slated to appear on the city council agenda 4/19. However, . at the planning commission meeting on 3/22 this was changed to 4/5 at the developer's request. The citizens were not asked their preference. We do not want this date changed. We have been told that Peggy Carlson will be absent from the 4/5 meeting. We feel that all council members should be present for this very important decision. We will be contacting the city staff as well--but are uncertain whether they will honor our request. We don't feel the developer's request should have more weight over ours. We have spent hundreds of hours working on this issue over the last year--this final discussion should be a thorough review of all the council members thoughts and feelings on this matter. The developer has waited this long, they can wait 2 more weeks. There are at least 2 critical issues for us and we want all of our elected officials to participate. Thank you, Dee Bass 4880 Knottingham Circle CONFIDENTIALITY NOTICE: DO NOT READ THIS EMAIL IF YOU ARE NOT THE INTENDED RECIPIENT. The information in this email may contain confidential and/or privileged material. If you are not the intended recipient, your review, forwarding, copying, distribution, or any other use or disclosure of any information in this email is prohibited. If you received this email in error, please destroy and delete this message from any computer and contact us immediately by return e-mail. /ao Page 1 of 1 Sheila Cartney From: Hamilton, Kay [khamilton@slci.com] Sent: Thursday, March 24, 2005 8:31 AM To:. Sheila Cartney Subject: City Council Meeting Sheila, My name is Kay Hamilton and I am a member of the Diamond T Neighborhood Coalition. The City Council meeting was originally scheduled for April 19th and was re-scheduled for April 5th. We in the Coalition would like to see it moved back to the original date of April 19th. This is a crucial meeting for us and we need time for preparation. We ask you to please re-schedule the City Council meeting to its original date of April 19th. Thank you so much for your time and effort on this matter. Kay Hamilton 612-338-3119 -day 651-454-9003 -evening 03/24/2005 /a/ Sheila Cartney From: Eric Vevea (evevea@comcast.net] Sent: Thursday, March 24, 2005 10:22 AM To: Tom Hedges Cc: Sheila Cartney; Jon Hohenstein; City Council Subject: City Council consideration of the Diamond T/Steeplechase Dear Mr. Hedges, Greetings. This letter is to request that the City Council consideration of the Diamond T- Steeplechase development occur on the April 19, 2005 date as published in a letter that accompanies the Wetland Replacement Plan documents sent to state and federal agencies as well as to the public. In addition, on the date of April 5, 2005, there may not be a full council present. We request this important matter be considered by the full council. Thank you. Regards, Eric Vevea 1496 Sherwood Way 651-686-5379 1 /~~ ~~._ City of Eau Nemo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 4, 2005 SUBJECT: ADDITIONAL INFORMATION /APRIL 5, 2005 CITY COUNCIL MEETING PUBLIC HEARINGS B. Project 778, State Highway 149 -Enclosed on pages 77a - 77f are the minutes and sign-in sheets from the Informational Meeting held on March 21, 2005. s/s Thomas L. Hedges City Administrator Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Bonestroo Offices: St. Paul, Rochester, Willmar and St. Cloud, MN .Milwaukee, WI .Grayslake, IL 0 Rosene Anderlik & Associates Engineers & Architects www. bonestroo.com Record of Meeting TH 149 Reconstruction from TH 55 to Albano Trail City Project No. 778 S.P. 1916-25 BRA No. 49-04-129 Public Information Meeting Monday, March 21, 2005 - 5:00 p.m. Eagan Municipal Center Attendance: Kevin Hoglund, Kevin Kielb, and Theresa Maahs, Bonestroo, Rosene, Anderlik & Associates; Tom Colbert and Russ Matthys, City of Eagan; Gary Johnson, City of Inver Grove Heights; 21 residents/businessmen. Presentation: Kevin Hoglund delivered a presentation which covered the following project information: • Need for Project • Overall Project Scope • Agencies Involved • Corridor Issues Review • Utilities • Right of Way • Environmental Assessment • Cost Estimate - $11.2 Million • Funding Sources • Schedule Question and Answer Session A question and answer session followed Kevin's presentation. The following notes were taken during the Q/A session and the questions and responses have been summarized or clarified where necessary. Names or company affiliations were provided when known. Question 1: Who will be responsible for maintenance of the sod or seed that is placed at the end of the project and what will be placed? Answer Kevin H: The contractor will need to make sure that the sod that is placed is watered and maintained. The contract will require the contractor to maintain the new sod for 30 days or seed for 1 year. The turf that currently exists on the project will be replaced by a similar turf. Where there is sod now, sod will be replaced. Where there is unmaintained grasses, seed will be placed. ~~~ 2335 West Highway 36 • St. Paul, MN 55113 • 651-636-4600 • Fax: 651-636-1311 TH l49 Reconstruction Meeting Minutes, March 21, 2005 S.P. 1916-25 Page 2 Question 1 Follow-up: The turf on Yankee Doodle Road was not well maintained and looks undesirable with weeds and dandelions. How do we know that will not happen here? Answer Kevin H: The contractor will make sure that the sod or seed that is placed is watered and maintained and will encourage growth of the new grass. The contract between the City and the contractor will allow the City to hold the contractor responsible to maintain the new growth the first year or replace problem areas. Question 1 Follow-up: Who will mow? Answer Russ: TH 149 is MnDOT right of way and MnDOT will maintain the grass. With the new improvements, the road right of way will be easier to maintain, however with MnDOT's maintenance schedule, the grass will likely not be maintained for aesthetic purposes. Appearance of the grass would fall to the adjacent property owners. Question 2: Where are the proposed median openings on T.H. 149 and how many openings will there be between Opperman Drive and Yankee Doodle Road? (UPS) Answer Kevin H: There will be one median opening in that azea. Question 2 Follow-up: So it will be right turn only at the other access points? Answer Kevin H: Yes. Question 2 Follow-up: What is the plan for construction? What will be open? Answer Kevin H: It is the intent to leave T.H. 149 open to traffic throughout construction in some capacity. This will be determined during the final design process. Answer Kevin K: It is likely the temporary road during construction will be a three lane section. It still needs to be determined, but that is what we will try to do. Question 3: What is the plan for T.H. 149 between Wescott Road and County Highway 71 (Rich Valley Boulevard)? Do we know what the access impacts will be? Answer Gary: The City has met with the adjacent property owners; however there are no answers yet. Answer Kevin K: We are continuing to meet with area business owners; however it will be an on going process over the next months. Question 4: What is the plan for median openings on T.H. 149 near my business? (Starks) Answer Russ: Right-in/right-out access at the current driveway due to center median closing full access. Preliminary discussions with DART have occurred regarding an access road or backage road from Advantage Lane (where full access will exist). The City has not heard a response. Perhaps you would like to meet with them about the possibility. ~ City of Eagan 2 Trunk Highway 149 Reconstruction ~~~ TH 149 Reconstruction Meeting Minutes, March 21, 2005 Page 3 S.P. 1916-25 Question 4 Follow-up: I just want to let you know that you are putting me out of business. If someone wants to offer me $3 million for my property, they can use it for light rail parking. People are not going to frequent my business if they are not able to turn into it while heading north on T.H. 149. Answer Russ: The City appreciates your comments, but MnDOT is not willing to allow that opening and it is their roadway. I encourage you to talk to DART about the possibility of a backage road. Question 4 Follow-up: It (the grade) drops way down (behind Starks Cafe). A road would not be feasible. You would have to build it way back from the buildings. I will talk to Gary (at DART). Question 5: What will the speed limit be and what is it now? Answer Kevin H: The speed limit is 50 to 55 mph and it will be 55 mph. MnDOT will perform a speed study which will track speeds over a period of time and determine the 85th percentile speed. That is what the speed limit of the newly constructed roadway will be. Question 6: Who is our contact as construction starts if we are having issues with dust or noise? Answer Kevin H: We will have information sheets periodically that will let you know what is occurring with the project and who to contact with issues or questions. Answer Russ: You can also check the City's website for project information. Question 7: What do you speculate the traffic volumes will be once the road construction is complete? Will the traffic patterns change because of the extension of Yankee Doodle Road? Answer Kevin H: The traffic patterns will change, but we do not currently have that information. Question 8: I am a resident of Burr Oaks and Rolling Hills? Should we expect more traffic? Answer Russ: You may see more people going onto Yankee Doodle Road once the extension is complete. Question 8 Follow-up: So we will see less traffic on T.H. 149? Answer Kevin H: You will see an overall growth of 2-3% each year in area traffic. Although more people may use Yankee Doodle Road and traffic patterns could change temporarily, you will continue to see an increase in traffic. Answer Kevin K: We are projecting a growth from 18,000 to 27,000 over the next 20 years. You will see an increase in traffic. City of Eagan 3 Trunk Highway 149 Reconstruction ~~ TH 149 Reconstruction Meeting Minutes, March 21, 2005 S.P. 1916-25 Page 4 Question 9: Who controls the traffic signal timing? I am a resident of Burr Oaks. At times we wait 10-15 minutes due to the timing of the signal at T.H. 149 and T.H. 55. Answer Kevin H: The signal timing is controlled by MnDOT. The new roadway median will provide a refuge for you so that you do not have to cross both directions of traffic at once. That should allow you to cross easier. The signals will be modified to fit the new improvements. Question 10: Is it the plan to have trails on both sides of 149? (UPS) Answer Kevin H: We are looking at the possibility of moving the trail to the west side of TH 149 south of Yankee Doodle Road to avoid the busy UPS driveway. We are talking to Thomson West about the possibility; however pedestrians will have to cross traffic on T.H. 149 twice, which is also a concern. Answer Russ: We are trying to determine who is currently using the trail and where it would be most beneficial. Question ] 0 Follow-up: What about the railroad tracks on the west side? Answer Kevin H: The trail would be west of the railroad tracks. That location does have potential. Question 11: Does the construction affect the west and the east side of the road evenly? Answer Kevin H: We needed to shift the widening east to avoid the railroad tracks. Question 12: Is there any additional lighting planned? Answer Kevin K: There will be overhead lighting at signal locations. Answer Gary: There will also be overhead lighting at City street intersections. Question 13: Who watches for dust control and other construction issues? The City? Answer Russ: Yes, the City will hire Bonestroo to oversee the construction. Question 14: Where will the new signals be put? Answer Kevin H: Anew signal will be installed at Wescott Road and existing signals will be revised to accommodate the project. Question 15: Will Yankee Doodle Road be extended this year? Answer Russ: Yes, the first phase of Yankee Doodle Road, athree-phase project, will be completed this year and will tie into T.H. 55 at the current intersection with Argenta Trail. City of Eagan 4 Trunk Highway 149 Reconstruction ~~ SIGN IN SHEET City of Earn TRUNK HIGHWAY (TH)149 ' RECONSTRUCTION Public Information Meeting S: DD - 7.•00 pm -March 21, 2005 Eaga~i, MN Nance Address Phone Number _ l /~ i.;, t.~~. v 1 ~ ~ V1 -/I s~d ~ •~-~- c.l J 6 ~ V it ~! ~/f ~ ~ ~/ , ~ ~ ('~. (~ 5 (` ~(~ S - ~ S ~f ....~Gw~2,~ / ~/1 ` z/"s0.1 ~ ~ ~~ l iii.-.i ,1 ~...c..n-~r~-- ~ s-'~ ~ ~ ~ S ~ ~~ y 74' 7~. ~ t (CG ~~~~I i?~~c~c5 ~ tv O'~~e2rwd~-+u ~~~~F l~.G~~u ~O~ 1 -~~7-s~~.~~ ((~/ ~ .~A~/~ ~ J<~~-~,.c:~~> .~ (,.~r3 i-/,«.s~oc- 1~.~. ~~l~~y psi - ~ Y/- ~~s~~ ._--r~ c'~ .. ~ X01, ~ Z~~er~ ~ )~~ j~.~_ e(~.~n ~~. .~~ l - ysy-~,~y~J- rte, : J ~ t ~ J J ~fi=~~~r~'t- :~ 7' ^ • _ ~ ....~ 1 ; 7 ~ . ~ ~ i~~ I?4~ ~ (,~'4r r-! 5 !~v~.~ 51 1 ~ (~ .. Fyl. r.~ w7 _ iJ~~.~ ~ (z . ..'> ~ J ~i (p •:~ ~c. u ~ • -~.~ ~ .~.-~..- _/. ~-2 ~ "Ifs r~ 3 _ _ ~~~ SIGN IN SHEET City of Ea~aIl TRUNK HIGHWAY (TH) 149 . RECONSTRUCTION Public Information Meeting S: DO - 7.•00 Plat - Marclt 21, 2005 Eagan, MN Name ~, __~'i uti1~ ~Uv1'1 '~ 1 c`~T ~- _.._.:.._:__ ._. _---_-__:w._.:._ Address Phone Namber ~~ ~ C J ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA APRIL 5, 2005 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Schedule Special City Council Meeting on Apri114 and 26 Item 2. Approve Use of Recycling Funds for Electronics Recycling Day in Eagan DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update City of 8a~au bemo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 4, 2005 SUBJECT: ADMINISTRATIVE AGENDA /APRIL 5, 2005 CITY COUNCIL MEETING CITY ATTORNEY The City Council reserves the right to schedule an Executive Session for the purpose of considering threatened or pending litigation and matters of employee collective bargaining. CITY ADMINISTRATOR Item 1. Schedule Special City Council Meetings on April 14 and Apri126 -The City Council has a special City Council meeting scheduled for April 12 to interview advisory commission applicants. Since there were approximately 20 applications received, and each interview is scheduled to be fifteen (15) minutes in length, it will be necessary to conduct interviews on a second night. Therefore, it is proposed that the Council schedule a special City Council meeting on April 14 for the purpose of completing the advisory commission interviews. Due to the advisory commission interviews in mid April, it is suggested that the City Council schedule a Special City Council workshop on April 26 to address numerous items of business, including, but not limited to: Parks System Plan, 5-year Parks CIP, New Runway presentation by MAC staff (Legislators to be invited to attend), and a few other ongoing business items. ACTION TO BE CONSIDERED: To schedule special City Council meetings for the evenings of April 14 and Apri126, beginning at 5:30 p.m. Item 2. Approve Use of Recycling Funds for Electronics Recycling Day in Eagan - Major technological advances in TV's and computers means consumers are replacing obsolete electronics at anever-increasing rate, creating problematic disposal issues. Nationwide, the National Safety Council estimates more than 63 million computers will become obsolete in 2005. TV's and computer monitors with cathode ray tubes (CRTs) or picture tubes, contain from 2 - 8 pounds of lead per unit, as well as other heavy metals and contaminants that are known to impact public health and the environment when not properly managed. These items should not be placed in the trash, but should be recycled. a The Minnesota Legislature passed legislation in 2003 to prohibit the disposal of TV's and computer monitors with CRTs in the mixed municipal waste stream, effective July 1, 2005. Continued storage of these items in basements or garages poses an environmental threat in the event of a structure fire, and it is in the interest of residents and firefighters that these units be safely processed and recycled. At this time there is little or no infrastructure to provide convenient and affordable CRT recycling options for citizens and efforts thus far to get industry to be responsible for this waste stream have been unsuccessful. However, working with Dakota Valley Recycling, Eagan has identified sufficient recycling funding to stage aone-day, one-time electronics recycling event on June 18, 2005 to provide residents with a safe disposal option before the ban goes into effect. • Electronics Collection Day Event -The event would be funded from accumulated land abatement funds held by the City of Eagan that can only be used for recycling purposes. The Electronics Collection Day Event would consist of: 1. Collecting TV's, computer monitors, VCRs, and other electronic products from Eagan residents with valid ID 2. Working with a electronics recycling vendor licensed by Dakota county 3. Hosting the one-day event at a controlled drop-off point (the City of Eagan Maintenance Facility because the Eco-site is not large enough to handle one-day event traffic) 4. Providing Eagan Residents with a $ I 0 coupon as incentive for recycling TV's and Computer Monitors, etc. Consumers would still have to pay a fee to cover disposals costs for each electronics item ranging from $5-$25 per unit 5. Advertising the event in local papers, on websites, on cable TV, and by a direct mail postcard 6. The event would be supervised by Dakota Valley Recycling staff. The cost to conduct aone-day electronics recycling event is approximately $21,100 to pay for classification, separation and hauling of the electronics. However, contrasted with the more than $60,000 spend on Burnsville's more extensive annual one-day hazardous waste collection day, the amount is a reasonable value. ACTION TO BE CONSIDERED: To set June 18, 2005 as Electronics Recycling Day in Eagan and approve the expenditure of funds from the Recycling Special Revenue Fund. DIRECTOR OF PUBLIC WORKS There are no items at this time. COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment District Update -Staff is providing regular updates to the City Council regarding the City's redevelopment~istricts as a part of each administrative agenda. In addition to the information enclosed on page ~• and The Cedar Grove Gateway newsletter of April 2005 3 enclosed without page number, staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. /s/ Thomas L. Hedges City Administrator 4 City of Eagan ~e~o TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, CO)•'IlVIUNITY DEVELOPMENT DIItECTOR DATE: APRIL 4, 2005 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Schafer Richardson Ryland Development Agreement -The staff, consultants and City Attorney have exchanged Development Agreement drafts and will be meeting on April 8 to negotiate remaining issues or clarifications. If we are able to resolve the issues quickly, the goal remains to bring the agreement to the Council for action on April 19. If there is need for additional negotiation with the developers or discussion with the Council Finance Committee, that date will be moved to May. • Acquisition and Relocation Plans - As part of the Development Agreement, staff is working with the developer to implement the Council direction to acquire and relocate properties and businesses in the redevelopment area in a timely manner. Staff is continuing discussions with a number of property owners regarding willing seller-willing buyer acquisitions within the area. • Communications Activities - In addition to the website updates, staff has prepared the first monthly newsletter update, called the Cedar Grove Gateway, to underscore our efforts to reestablish it as a gateway to the community. The fast issue is being mailed to all businesses and business property owners, with a request that they inform us if they would like to rely on the website version of the newsletter in the future. • Nicols Ridge -Construction is underway on all of the model home styles that are being built in this project. Staff has been contacted by Wade and Debbie Yarbrough about the possibility of acquiring their property in the near term, even though it is in the third phase of the development and leasing it back to them until third phase construction is begun. • Financing Plans -Staff and the consultants are providing information to the Council Finance Committee for the long term financing of the overall project. Northeast Eagan Redevelopment District • Grand Oaks Development -Grading is underway for the project and the developer received a recommendation for a PD amendment by the APC in March. • McGough Office Project -Negotiations on the development agreement for the Blue Gentian Road property appear to be complete. It appears that a draft final development agreement will be ready to present to the City Council/EDA in April or May. • Retail Development Potential - There is continuing interest in potential retail development in the Hwy 55 area. Staff will provide specific information to the Council if a specific project comes forward.