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07/10/2007 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING July 10, 2007 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE P. II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS 2 A. Accept Governor's Fit City designation that recognizes the City of Eagan for committing to creating and maintaining a city environment supportive of active living. 3 IV. CONSENT AGENDA p A. APPROVE MINUTES 1P. I n B. PERSONNEL ITEMS 17. C. APPROVE CHECK REGISTERS p, D. APPROVE Premises Permit Application for Eagan Hockey Association to conduct a lawful gambling at Cooper's Restaurant, 4185 South Robert Trail 'P• ZO E. APPROVE Renewals for 2007/2008 Massage Therapy Establishment Licenses for Cole's Salons, All About You Salon, and Neuromuscular Connection p.~ F. APPROVE Tobacco License for Eagan Smoke Shop, Inc., 3450 Pilot Knob Road F. 72 G. APPROVE Grant Amendment on behalf of the Dakota County Drug Task Force to receive funding from the Minnesota Office of Justice Programs p-21a H. APPROVE Final Plat for Richard Skinn Addition 1. Removed 28 J. RECEIVE Easement Vacation Petition and Schedule Public Hearing (August 9, 2007), Lot 2, Block 1 Unisys Park Addition P 3 K. AMEND Antennae Lease Agreement (Cingular - Safari Water Reservoir) L. APPROVE Change Order No. 1 for Contract 06-01, TH 149 Reconstruction p.33 M. APPROVE Final Payment, Contract 07-03 (Citywide Sealcoat) P.:sq N. ACCEPT donation of used exercise equipment from the Lifetime Fitness Foundation valued at approximately $1800. V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS 1P. 35 A. CONDITIONAL USE PERMIT - Darcom Partnership, LLC - A Conditional Use Permit to allow outdoor storage of commercial vehicles and equipment, scrap metal, trailers and recreational vehicles located at 1299 Eagan Industrial Road on Lots 12 & 13, Block 2 Eagandale Center Industrial Park in the NW '/4 of Section 03. P. B. CONDITIONAL USE PERMIT - Dart - A Conditional Use Permit for outdoor storage of transportation equipment located on Lot 2, Block 1, Kwik Trip Addition in the NW '/4 of Section 12. VIII. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE P17 IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda P. C. Approve Minutes D. Old Business P' ~j E. New Business 1. CEDAR GROVE REDEVELOPMENT DISTRICT Select Master Developer for Cedar Grove Core Area F. Other Business 4Z G. Recess to Executive Session - To review Hearing Officer's Findings regarding TMI Coatings Relocation Appeal r, X. ADMINISTRATIVE AGENDA XI.. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. A City of Evan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SUBJECT: AGENDA INFORMATION FOR JULY 10, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 10, 2007 City Council agenda, the following items are in order for consideration. I Agenda Memo July 10, 2007 City Council Meeting III: RECOGNITIONS AND PRESENTATIONS A. ACCEPT the Governor's Fit City designation that recognizes the City of Eagan for committing to creating and maintaining a city environment supportive of active living. ACTION TO BE CONSIDERED Accept the Governor's Fit City designation affirming activity friendly commitments in the City of Eagan to create and maintain a city environment supportive of active living. FACTS • The purpose of the Governor's Fit Program is to recognize Minnesota cities that are committed to creating and maintaining a city environment supportive of active living by providing opportunities for physical activity to people who live, work and play within the city. • Cities designated as a Governor's Fit City receive a recognition plaque and the list of participating cities will be posted on the Minnesota Department of Health website. • Glenn Wilson from the Department of Commerce, and member of the Governor's Health Care Cabinet, will be presenting the recognition plaque to the City Council. • The criteria required to participate in this program are: o City must adopt a resolution affirming activity friendly commitments by city leaders and elected officials. The Council adopted this resolution on February 20, 2007. o City agrees to advertise and display "Fit City" designation. o City maintains and develops walk ability capacity and locations that are easily accessed by residents, workers and visitors. o City commits to maintain and develop recreation areas, parks, playgrounds, and playfields. o City commits to maintain or develop at least one indoor facility-public or private- available for cold season activity, that is open and accessible to all ages. o City partners with community-wide organizations dedicated to specific or general activities which support physical activity. o City commits to building community awareness about locations, services and organizations dedicated to fitness/physical activity. • The designation as a participant in the Governor's Fit City program will enhance the visibility of activities and events that currently exist within the City of Eagan as well as provide a guide for future considerations. ATTACHMENTS None Agenda Information Memo July 10, 2007 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 June 12, 2007 Special City Council meeting and June 19, 2007 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the June 12, 2007 Special City Council meeting are enclosed on pages `t- through 7 • Minutes of the June 19, 2007 regular City Council meeting are enclosed on pages 8 through 3 z. DRAFT MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JUNE 12, 2007 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Carlson, Fields and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Public Works Colbert, Fire Chief Scott, Director of Parks and Recreation Seydell Johnson and Community Development Director Hohenstein. 1. ROLL CALL AND AGENDA ADOPTION Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0 II. SCOTT TRAIL PARKING RESTRICTIONS City Administrator Hedges introduced the item noting that at the May 15 Listening Session, Mr. Curt Hoffman addressed the Council regarding his objection to the existing parking restrictions on Scott Trail (Cliff Road to Cliffview Drive). Hedges noted that the Council forwarded his concern to the Public Works Committee for further consideration, which the Public Works discussed at their June 5t" meeting. The Public Works Committee, consisting of Councilmembers Fields and Bakken, presented the five options they developed for consideration by the Council to respond to Mr. Hoffman's concerns. Public Works Director Colbert summarized the possible impacts of the five options. Mr. Curt Hoffman addressed the City Council, summarizing the parking concerns he currently has on Scott Trail. The City Council discussed the options presented to them. There was City Council consensus to proceed with option No. 4, which designated a limited on-street "permissive" parking zone (with signage). Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the designation of limited on-street permissive parking, with the following conditions: 1. Eagan's Police Department will review the functionality of the signage in one year. 2. Four parking spaces will be provided. (Two on each side of the street; (one pair per building). Special City Council Minutes DRAFT June 12, 2007 Page 2 3. The cost for the signs will be divided evenly between the City and Mr. Hoffman. 4. Mr. Hoffman will work with the lessees to insure that leases reflect no tenant parking in these limited on-street parking spots. 5. Prior to the signage being installed, handicap accessibility features to the sidewalk must be made by Mr. Hoffinan to City standards. Aye: 5, Nay: 0 III. RECEIVE UPDATE ON 2008 GENERAL FUND AND PUBLIC ENTERPRISE FUND BUDGETS City Administrator Hedges introduced the item noting that in late April, staff began the 2008 budget process. City Administrator Hedges summarized the 2008 budget calendar. Hedges added that a draft 2008 budget will be presented to the City Council at their August 14 Special City Council workshop. Hedges also added that, as a starting point on the budgets, department directors have been instructed to prepare budgets that maintain current service levels and to provide a detailed explanation for anything that causes a particular budget increase to exceed 3 percent. The City Council discussed the reinstatement of the Market Value Homestead Credit (MVHC) for 2008. The Council noted that it is their desire that the MVHC be directed to a one time allocation for City Council consideration rather than being directed to the General Fund. The Council requested that staff develop options for the use of the MVHC funding for future consideration by the Council. IV. REVIEW OPEN SPACE PRESERVATION FUND City Administrator Hedges introduced the item noting that this item was previously included on the May 15, 2007 City Council agenda; however, by official action of the City Council, it was directed to the June 12, 2007 workshop for review and consideration. City Administrator Hedges noted that the City Council has determined that a 2007/2008 City goal is to continue to pursue the conservation of green and open spaces in the community by further developing the Eagan Core Greenway and by working towards the creation of an Open Space Preservation Fund. It was noted that this item was directed to the Public Works Committee for further consideration and, at the request of the committee at their May 8 committee meeting, a resolution was prepared for the Council consideration to designate an Open Space Preservation Fund. City Administrator Hedges highlighted the proposed source of resources for the Open Space Preservation Fund, including a transfer of $25,000 from the City's General Fund. The City Council discussed the proposed resolution and the possible revenue sources for funding an Open Space Preservation Fund. City Councilmember Bakken summarized the discussion of the Public Works Committee regarding the framework for such a fund. Special City Council Minutes DRAFT June 12, 2007 Page 3 The City Council discussed the possible use of the City's Community Investment Fund as a funding source for open space. The City Council also discussed a potential survey, such as those done by the Trust for Public Land, to determine the community's interest with regard to open space. After further discussion, the City Council directed this item to the Finance Committee for further discussion regarding a framework for funding open space. In particular, the Council asked the Finance Committee to review the current inventory of the Community Investment Fund and community survey information from Parks and Recreation with regard to open space. The Council also asked staff to develop six recommended uses (and corresponding costs) for projects that could possibly be funded through the Community Investment Fund. The Council asked for a report from the Finance Committee at the August 14 City Council workshop in order that the conversation could coincide with the budget process. Mayor Maguire thanked the Public Works Committee for their work with regard to the open space preservation fund. Mr. Jack Conrad and Mr. John Ward, residents of Eagan, both expressed their appreciation for the City Council in moving the discussion about open space ahead. V. REVIEW CEDAR GROVE REDEVELOPMENT RFP'S City Administrator Hedges introduced the item noting that three interviews have been scheduled tonight with developers who have submitted proposals for the Cedar Grove redevelopment area. Hedges noted that at the conclusion of the interviews, the City Council may choose to discuss their thoughts regarding the interviews or candidates further. Hedges noted that the formal selection of a development partner is scheduled for the regular City Council/EDA meeting on July 10, 2007. The City Council then conducted interviews of Told Development, Doran-Pratt, and Sherman Associates. Following the interviews, the City Council voiced their consensus to eliminate Sherman Associates as one of the potential development teams to partner with the City. The City Council also raised questions and made requests for information that they asked staff to forward to the two remaining developers. VI. OTHER BUSINESS There was no other business. VII. VISITORS TO BE HEARD There were no visitors to be heard. Special City Council Minutes DRAFT June 12, 2007 Page 4 VIII. ADJOURNMENT The City Council workshop adjourned at 8:45 p.m. z MINUTES OF A REGULAR MEETING OF THE OR,Q EAGAN CITY COUNCIL ` / Eagan, Minnesota June 19, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. A regular meeting of the Eagan City Council was held on June 19, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted the addition of Item X to the consent agenda. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Paul Heuer was recognized for his retirement and years of service to the City. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the June 5, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Loudi Rivamonte as a permanent part-time Recreation Program Supervisor. 2. It was recommended to accept the letter of retirement from Paul Heuer, Utility Systems Analyst. C. Check Reizisters. It was recommended to ratify the check registers dated June 7, 2007 and June 14, 2007 as presented. D. 800 MHz Radio System Subscriber Agreement. It was recommended to adopt a Resolution Approving the 800 MHz Radio System Subscriber Agreement between Dakota County and the City of Eagan. E. Amendment to Budget. It was recommended to approve an amendment to the 2007 General Facilities Renewal & Replacement Budget. F. Tree Maintenance Contractor Licenses. It was recommended to approve Tree Maintenance Contractor Licenses for Vertical Perfections Tree Care and Oleson's Tree Service. G. Massage Therapy Establishment License Renewals. It was recommended to approve Massage Therapy Establishment License Renewals for Massage Envy, 3250 Denmark Ave.; Solimar Wellness Spa, 1121 Town Centre Drive; Keep In Touch of Eagan, 3424 Denmark Avenue; Cloud Nine Salon and Spa, 1284 Town Centre Drive; Rejuv Skin and Laser Clinc, 1627 Lena Court. H. Street Name Change. It was recommended to adopt a resolution to change the name of 8151 Street, west of Coachman Road to Hunt Drive. 1. Tem or 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. J. Extension of Approvals. It was recommended to approve a one-year extension of the Preliminary Subdivision, Conditional Use Permit and Variance approvals for Nature's Point, located west of 1-35E on Taconite Trail in the SE '/4 of Section 20 and SW '/4 0£ Section 21. K. Final Subdivision. It was recommended to approve a Final Subdivision (Novus Addition) located south of O'Neill Road adjacent to the Inver Grove Heights border, in the NE'/4 of Section 1. L. Final Plat. It was recommended to approve a 60 day extension of the Final Plat approval for TERRA GLENN Lofts, to combine two existing lots into one property legally described as Lot 1, Block 1, Terra Glenn Lofts, in the NW '/4 of Section 16. Eagan City Council Meeting Minutes ®R June 19, 2007 Page 2 M. 2007 Building and Fire Codes. It was recommended to approve an Ordinance Amendment regarding Building Code Adoption. N. Final Subdivision. It was recommended to approve a Final Subdivision (Blue Ridge 7`n Addition) located at 2965 and 2975 Lone Oak Drive, in the SW '/4 of Section 1. 0. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolution of Denial of a request for a Variance to the required building finish materials for a new office warehouse building at 2811 Highway 55 in the SE'/, of Section 02. P. LCA Funding It was recommended to authorize the submission of Acknowledgement of Receptivity to an LCA Funding Award to permit the City to serve as conduit for FMHA/Metropolitan Council Funding for Dakota County CDA Supportive Young Adult Housing Application. Q. Project 05-R. Acknowledge the completion of improvements for city Project No. 05-R (Nicols Ridge 2°d) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. R. Sanitary Sewer Lining. It was recommended to acknowledge the completion of Contracts 02-18, 03-06, 04- 08, 05-07, 06-07 (Sewer Lining) and authorize acceptance for perpetual maintenance. S. Contract 06-01. It was recommended to authorize a variance to the Construction Activity Noise Regulations to allow construction activity between the hours of 12:00 a.m. (midnight) and 4:00 a.m., on Saturday, June 10 and 12:00 a.m. (midnight) to 9:00 p.m., on Sunday, July 1 during the closure of the intersection of Yankee Doodle Road and TH 1-49 as part of Contract 06-01 (TH 149-Upgrade). T. Contract 06-08. Approve the plans and specifications for Contract 06-08 (North Ridge Drive Storm Drainage Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, July 19, 2007. U. Contract 06-01. It was recommended to approve Supplemental Agreement No. 2, Part A for Contract 06- 01, TH 149 Reconstruction. V. Contract 06-01. It was recommended to approve Work Order No. 2 for Contract 06-01, TH 149 Reconstruction. W. Interim Ordinance. It was recommended to approve an interim ordinance to extend the moratorium to perform a study of internally lighted signs within the City of Eagan. X. Excluded Bid. It was recommended to adopt a Resolution Approving an application to conduct excluded bingo for the Eagan Foundation to hold a bingo event on July 4, 2007 at the Eagan Community Center. 2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges introduced this item regarding the 2006 Comprehensive Annual Financial Report. Matt Mayer of Kern, DeWenter, Viere, made a PowerPoint presentation reviewing charts and tables that were included in KDV's "Memorandum on Financial Analysis Information, Accounting Policies and Procedures and Internal Control. Councilmember Fields moved, Councilmember Bakken seconded a motion to receive and accept the 2006 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 PUBLIC HEARINGS LOT 2, BLOCK 1 UNISYS PARK ADDITION (UNISYS CORP.) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a public drainage and utility easement to allow the expansion of facilities at the existing Unisys Corporation building. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the vacation of public drainage and utility easement within Lot 2, Block I Unisys Park Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes ~r- June 19, 2007 e t Page 3 LOT 1, BLOCK I SAFARI AT EAGAN 3"D ADDITION EASEMENT VACATION City Administrator Hedges introduced this item regarding an easement vacation to allow the property owner to construct a pylon sign as part of a Planned Development Amendment that was approved by Council at the April 4 , 2007 City Council meeting. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the vacation of a potion of a public drainage and utility easement within Lot 1, Block 1 Safari at Eagan 3rd Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 951, SOUTH DODD ROAD SANITARY SEWER LIFT STATION IMPROVEMENTS City Administrator Hedges introduced this item regarding sanitary sewer lift station improvements on South Dodd Road. He introduced Chad Davison of Bonestroo who reviewed the feasibility report. Mayor Maguire opened the public hearing. Bob Parenteau, property owner north of the proposed lift station site, questioned if the lift station would serve his property, should it develop in the future. He also questioned the possibility of a deferred assessment. Staff explained that his property would be served by the proposed lift station and deferring the assessment for his property would be considered at a future public hearing for the assessments for the lift station project. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 951 (South Dodd Road - Lift Station Improvements) as a base project, or with the temporary lift station alternative (without Marsh Cove), and authorize the preparation of detailed plans and specifications, and the acquisition of easements through quick- take eminent domain process, if necessary. Aye: 5 Nay: 0 OLD BUSINESS 5 YEAR CIP - PART III, PUBLIC WORKS INFRASTRUCTURE (2008-2012) City Administrator Hedges discussed the 5 year Capital Improvement Plan for Public Works Infrastructure Part III. He noted that a presentation was made at a Council Workshop held on May 8, and the Finance Committee was directed to review funding options for the seven major collector and arterial road projects identified in the draft CIP. He also discussed the Finance Committee's recommendations. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the 5-year Capital Improvement Plan for Public Works Infrastructure, Part III (2008-2012) and authorize the initiation of the public improvement process for the 2008 programmed improvements. Aye: 5 Nay: 0 NEW BUSINESS REZONING AND PRELIMINARY SUBDIVISION (MARSH COVE) - EPIC LAND DEVELOPMENT LLC City Administrator Hedges introduced this item regarding a request for a rezoning from A, Agriculture, to R-1, Single Family and a preliminary subdivision to create l l single family lots at 4875 Dodd Road. City Planner Ridley gave a staff report. 10 Eagan City Council Meeting Minutes June 19, 2007 Page 4 Rich Ragatz, Epic Land Development, discussed changes to the proposed plat per the Planning Commission recommendation. The owner of property to the north of the proposed plat stated that he is in favor of the proposed cul-de-sac rather than a connector street. After significant discussion about the merits of cul-de-sac streets and through streets, alternative stub street alignments and the character of Dodd Road, the majority of the Councilmembers determined a cul-de-sac would be the preferred alternative. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning from A, Agriculture, to R-1, Single-family, of approximately 5.05 acres located at 4875 Dodd Road in the SW '/4 of Section 36. Aye: 5 Nay:0 Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Marsh Cove) to create 11 single-family lots upon approximately 5.05 acres for property located at 4875 Dodd Road in the SW '/4 of Section 36, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B3, B4, C1, C2, C3 and Dl and E1. 2. The property shall be platted. 3. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 4. All erosion / sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 5. All personnel responsible for the construction and management of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 7. These infiltration areas shall be designed to infiltrate the first one-half inch of storm water runoff from any rainfall event from the area that is tributary to the infiltration areas. 8. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County 9. The developer shall obtain a Dakota County permit prior to final subdivision approval for the proposed outlet drainage onto Lebanon Hills Regional Park. 10. The outlet from the proposed pond shall be constructed with an outlet skimmer structure in accordance with City engineering standards. 11. The developer shall provide storm water management to control rates of storm water runoff to adjacent properties to less than or equal existing runoff rates. 12. A public improvement project and award of a contract providing for the construction of a lift station to serve the development and the surrounding area, shall be approved prior to final subdivision approval for this development. 13. The developer shall provide a public trail easement, in a form acceptable to the City Attorney, for the trail along Dodd Road. 14. The proposed development shall be subject to a cash parks dedication for the net increase of 10 lots. 15. In lieu of a cash trail dedication, this development shall install a trail section along Dodd Road consistent with City specifications. 16. Prior to obtaining final City approval, the Developer shall be required to submit a revised grading plan that addresses the issue of eliminating proposed grading shown within preserved trees critical root zones and that indicates the placement of required tree protection fencing, as required by the City Tree Preservation Ordinance. Said plan revisions are to be reviewed and approved by the City Forester. 17. Stormwater runoff shall be treated via an on-site constructed pond. The design and construction of the pond should satisfy City standards and criteria. ~I Eagan City Council Meeting Minutes D R A F T June 19, 2007 Page 5 18. In accordance with policies of the City's current Water Quality Management Plan (Plan: 1990), the developer shall provide additional measures so as to mitigate any increase in phosphorus loading to Marsh Lake (DNR #19-0308W). Such measures shall include but not be limited to: reducing impervious area, providing infiltration, additional treatment basin construction, and treatment of stormwater discharge through other means. Prior to City issuance of a grading permit, the developer shall submit to the City a detailed plan that provides no increase in phosphorus loading, as determined by the City Water Resources Coordinator and City Engineering and in accordance with Plan policies and City water quality models. 19. The City Council shall formally receive and affirm the wetland delineation report prior to final subdivision approval. 20. The developer shall provide a minimum 50 foot buffer around the wetland edge of Marsh lake. With exception of land disturbance associated only with installation of the storm sewer pipe, such buffer shall be undisturbed before, during, and after construction. 21. A water main stub shall be provided to the north and south property lines for future extension along with an extension of gravity sanitary sewer from the proposed lift station within Marsh Cove to the south property line, between Lots 7 and 8, at a depth and construction in accordance with City Engineering standards. 22. This development is subject to cash park and trail dedications for ten new lots payable at the time of final plat at the rates then in effect. COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION (MANLEY COMMONS) - MANLEY COMMERCIAL City Administrator Hedges introduced this item regarding a proposed Comprehensive Guide Plan Amendment changing the land use from O/S Office/Service to RC (Retail Commercial); a preliminary planned development for a gas station and convenience store with car wash and two retail buildings including one with drive-through service; and a preliminary subdivision to create two lots and one outlot on 2.88 acres located on the southwest corner of Pilot Knob Road and Buffet Way. City Planner Ridley gave a staff report. Kurt Manley, Manley Commercial, generally discussed the proposed planned development. Cindy Weber, Manley Commercial, discussed the specific changes made to the site design since the Advisory Planning Commission review. Jerry Tollefson, adjacent property owner stated he was in favor of the proposed development but had concerns over the potential limited access to his property and the proximity and impact drive-through may have on his propertylbuilding. The City Council discussed the alignment and effect of the planned backage-road required by Dakota County. The Council also determined that City Code allotted outdoor display would be appropriate for the convenience gas station provided the applicant worked with staff on the specifics. The City Council also discussed the elevations of the proposed buildings with Mr. Manley and previous efforts to provide attractive architectural treatments to all building sides, particularly when visible from major thoroughfares. There was Council consensus that the applicant should work with staff to enhance the building facades. Councilmember Carlson moved, Councilmember Tilley seconded a motion to implement a Comprehensive Guide Plan Amendment changing the land use designation from O/S (Office/Service) to RC (Retail Commercial) of approximately 2.88 acres located on the southwest corner of Pilot Knob Road and Buffet Way in the NE '/4 of Section 4. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development for a gas station and convenience store with car wash, and one retail buildings including one with drive-through service, upon 2.88 acres located at the SW corner off Pilot Knob Road and Buffet Way in the NE 114 of Section 4, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: 0 Site Plan p Eagan City Council Meeting Minutes June 19, 2007 f Page 6 • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Sit Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan Final Signage Plan 3. Restaurants should be prohibited except coffee, ice cream and sandwich restaurants should be permitted provided they do not (i) employ the use of cooking exhaust systems that emanate smoke and/or grease or (ii) serve deep fried, grilled, or oven-roasted food items included but not limited to hamburgers, tacos, chicken, or fish. 4. The property shall be subdivided and platted prior to issuance of any building permits. 5. The development should employ sound abatement construction standards necessary for a sound level reduction of 19 dbl to achieve an interior sound level of 50 dbl. 6. Standard NB setbacks shall be met as follows: • Front yard = 30 feet from Buffet Way 50 feet from Pilot Knob Road • Side yard = 10 feet • Rear yard = 20 feet 7. The developer shall provide evidence of ingress-egress easements in a form acceptable to the City Attorney. 8. Outside storage shall be prohibited. The sale and rental of motor vehicles, trailer, campers, boats, and other items which are not kept entirely within the building shall be prohibited. 9. Outside display may be permitted subject to the provisions in the City Code. 10. The fuel tank vent pipes shall be integrated into the site and not set off on the perimeter of the site in a stand-along fashion. 11. The specific colors and styles of brick, stone and EIFS materials shall be the same on both buildings in this Planned Development. Additional architectural treatments shall be added to enhance the visual interest of all building facades to better fit the business park setting. 12. Prior to Final Planned Development approval, the developer shall provide calculations from the architect to verify that the required ratios of Class I and Class II materials are satisfied. 13. A standing seam metal roof material shall replace the proposed shingled roof on the southern retail building. 14. The gas canopy pillars shall incorporate the stone in addition to the brick, to match the principal structure. 15. The gas canopy fascia shall match the principal building architecture and be finished with EIFS like the upper portions of the building. 16. All building signage shall be individually mounted letters; no can or cabinet signs shall be allowed. 17. Consistent with the City Sign Code, signage is prohibited on the north and south elevations of the smaller retail building. Interior tenants in the retail buildings may be allowed only one building sign. No signage shall be permitted on awnings. 18. Per City Sign Code, one additional building sign may be permitted on the convenience store, with sign placement restricted to a total of 2 elevations. 19. Menu board signs do require a sign permit and shall be shown on the plans at the time of Final Planned Development. 20. Signage on the gas canopy is limited to 20% of the facade area. The Final Sign Plans should reflect a reduction in the proposed sign area on the east elevation of the canopy. Signage on the gas canopy shall be individual channel letters. 21. The developer shall provide cross-easements for joint use of the one free-standing pylon sign. The Final Planned Development shall show revised sign plans to reflect only two buildings in this development. 22. Only one free-standing sign shall be permitted for this development. The electronic gas pricing sign will be subject to ordinance requirements in effect at the time application is made for the sign permit. Retail tenant names on the free-standing sign shall be individually illuminated letter mounted on the brick background. 23. Any modifications to the entrance sign to accomplish consistency with the property north of Buffet Way shall be reflected in the Final Sign Plan with the Final Planned Development application. I~ Eagan City Council Meeting Minutes D R A F T June 19, 2007 Page 7 24. The developer shall provide decorative light fixtures with the Final Site Lighting Plan at the time of Final Planned Development. Fixtures shall be the same throughout the development. 25. Trash storage shall be provided inside the retail building. 26. Outside trash storage is permitted for the convenience store inside an enclosure attached to the principal building, consistent with City Code design standards. The developer shall ensure that the enclosure is large enough to accommodate all trash and recyclables materials. 27. The applicant shall provide documentation addressing concerns in the staff report about the variation in light levels specifically with regard to the level of illumination beneath the canopy. 28. Gas canopy lights and lenses shall be fully recessed so that only the illumination is observed and the source of light is not visible. Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve a Preliminary Subdivision to create two lots and one outlot upon 2.88 acres located on the southwest corner of Pilot Knob Road and Buffet Way in the NE 1/4 of Section 4, subject to the following conditions page: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B3, C1, C2, C4, D1, and E1. 2. The property shall be platted. 3. The developer shall be responsible for acquiring a permit to work within the right-of-way from Dakota County for any work within Pilot Knob Road right-of-way, prior to final subdivision approval. 4. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 5. All personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. The easterly access onto Buffet Way shall be limited to right-out only egress vehicle movements. 7. Existing direct access to Pilot Knob Road from this site shall be eliminated in accordance with Dakota County Transportation Department standards. 8. Development of this property shall provide vehicle access to Buffet Way for the properties to the south. 9. This development shall dedicate a minimum of 75 feet of right-of-way from the section line within Pilot Knob Road, if not already dedicated with previous platting, as shown on the preliminary plat. 10. Restricted access shall be dedicated along the entire length of the development adjacent to Pilot Knob road (County Road 31). 11. The developer shall provide ingress/egress easement over the proposed service drive along the west edge of the development in favor of McNally Addition and Central Irrigation Addition properties, in a form acceptable to the City Attorney. This easement shall contain a provision that the easement cannot be vacated without the consent of the City. 12. The Final Landscape Plan shall show enhanced screening of the drive-through on the south side of the smaller retail building. 13. This proposal shall fulfill tree mitigation requirements through the installation of sixteen (16) Category B trees on this site. 14. This proposal shall be subject to a cash dedication in lieu of on-site water quality ponding for the southerly parcel of this development. 15. This proposal shall be subject to cash parks and trails dedications, payable at the time of building permit at the rates then in effect. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no update. The regular City Council meeting was recessed at 9:25 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 9:30 p.m. 14 Eagan City Council Meeting Minutes June 19, 2007 RAF .1 Page 8 ADMINISTRATIVE AGENDA Correspondence: MAC and FAA re: Use of Runway 17/35 City Administrator Hedges discussed a recommendation by the Airports Relations Commission to send correspondence to the Metropolitan Airports Commission and the FAA regarding the recent increase in the use of Runway 17/35 and the lack of compliance within the Eagan/Mendota Heights Corridor. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve correspondence to be sent to the Metropolitan Airports Commission and the FAA and copied to Eagan's Legislative Delegation, Governor Pawlenty, and the members of the Noise Oversight Committee. Aye: 5 Nay: 0 City of Eagan Travel Policy City Administrator Hedges discussed a Travel Policy that has been revised per direction of the City Council at their January 2007 Goals Retreat. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the revised City of Eagan Travel Policy Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the City of Eagan Elected Official Out-of-State Travel Policy. Aye: 5 Nay: 0 Engineering Services Proposals - Inspect, Inc. Public Works Director Colbert discussed the benefit of having on-site investigations for roof repair/replacement for various City owned buildings. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve consulting contracts with Inspect Inc. for roof evaluation and construction services for multiple City building facilities and authorize City Staff to sign all related proposals. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:40 p.m. 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. f fi Agenda Information Memo July 10, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS There are no personnel items at this time I Agenda Information Memo July 10, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 21, 2007, June 28, 2007 and July 5, 2007 as presented. ATTACHMENTS: • Check registers dated June 21, 2007, June 28, 2007 and July 5, 2007 are enclosed without page number. I~ i , Agenda Memo July 10, 2007 Regular City Council Meeting CONSENT AGENDA: D. Premises Permit Application for Eagan Hockey Association ACTION TO BE CONSIDERED: Adopt Resolution Approving Premises Permit Application for Eagan Hockey Association to conduct a lawful gambling operation at Cooper's Restaurant, 4185 South Robert Trail FACTS: • Eagan Hockey Association has applied for a Premises Permit with the Minnesota Gambling Control Board to operate a lawful gambling operation including pull-tabs and bingo at Cooper's Restaurant, 4185 South Robert Trail. • Eagan Hockey Association also conducts lawful gambling operations at the Cherokee Sirloin Room. • The Knights of Columbus #7604 who are currently licensed to conduct pull-tab operations at Cooper's Restaurant will be giving up that operation. • The application for Eagan Hockey Association has been reviewed by staff and deemed in order for approval. ATTACHMENTS: • A copy of the proposed resolution is attached as page • The application is available for review in the Administration Department. 1~ RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT FOR EAGAN HOCKEY ASSOCIATION ON COOPER'S RESTAURANT PREMISES WHEREAS, the Eagan Hockey Association has applied for a Gambling Control Board premise permit for a pull tab and bar bingo operation at Cooper's Restaurant, 4185 South Robert Trail; 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 Eagan Hockey Association application for a premise permit at Cooper's Restaurant. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: By: It's Mayor Those in Favor: Those Against: Attest: It's Clerk Date: July 10, 2007 CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 10th day of July, 2007. Maria Petersen, City Clerk I I Agenda Memo July 10, 2007 Regular City Council Meeting CONSENT AGENDA: E. 2007 - 2008 MASSAGE THERAPY ESTABLISHMENT LICENSE RENEWALS ACTION TO BE CONSIDERED: Approve 2007 - 2008 Massage Therapy Establishment License renewals for: • Cole's Salon, 2131 Cliff Road and 3450 Pilot Knob Road • All About You Salon, 525 Diffley Road • Neuromuscular Connection, 4580 Scott Trail • Lifetime Fitness, 1565 Thomas Center Drive (contingent on completion of application and payment of $300 fee) FACTS: • Cole's Salons, All About You Salon and Neuromuscular Connection have complied with the ordinance requirements to renew their massage therapy establishment licenses for 2007-2008. • Staff has reviewed the applications and deem them in order for approval. • Lifetime Fitness has requested a two week extension due to the hospitalization of their manager. Approval of Lifetime's license renewal will be contingent upon submittal of the application and payment of fees, and staff review. ATTACHMENTS: • None (The applications are available for review in the Administration Department.) 20 Agenda Memo July 10, 2007 Regular City Council Meeting CONSENT AGENDA: F. Tobacco License for Maliha Aloul, Eagan Smoke Shop, Inc. ACTION TO BE CONSIDERED: • Approve Tobacco License for Maliha Aloul, (Eagan Smoke Shop, Inc.) 3450 Pilot Knob Road FACTS: • Maliha Aloul has applied for a license to sell tobacco products under the name Eagan Smoke Shop, Inc. at 3450 Pilot Knob Road. • All requirements of the application have been met and fees have been paid. • The Police Department has reviewed the application and deems no reason to deny. ATTACHMENTS: • None (The application is available for review in the Administration Department.) 2-1 f ~ . Consent Agenda Information Memo July 10, 2007 Eagan City Council Meeting CONSENT AGENDA: G. Approve a Grant Amendment on behalf of the Dakota County Drug Task Force to receive funding from the Minnesota Office of Justice Programs. ACTION TO BE CONSIDERED: To approve an amendment on behalf of the Dakota County Drug Task Force to receive funding from Minnesota Office of Justice Programs in the amount of $130,000. FACTS: • The Drug Task Force has received grant funds since its inception in 1988. • One municipality in Dakota County has always acted as the Dakota County Task Force fiscal agent. The City of Eagan assumed this responsibility in 2005. The City of Eagan is now responsible for book keeping, budgeting and grant administration. • In January 2007, the Eagan City Council approved an amendment to a 2006 grant on behalf of the drug task force. The grant was from the State of Minnesota Office of Justice Programs. This amendment, which offered $130,000 for task force operations, helped fund the task force for the first half of 2007. • The State of Minnesota Office of Justice Programs has elected to make a second amendment to the 2006 grant for an additional $130,000. This award would be used to fund task force operations for the second half of 2007. • If this amendment is approved by the council, the city will have received $260,000 on behalf of the drug task force. • There are 3 copies of the amendment for the Mayor and City Clerk to sign. ATTACHMENTS: A copy of the second 2006 grant amendment and a memorandum of proposed funding from the state grant coordinator are attached. ',pa3~. 23-Vr) 25 22- AMENDMENT NO. 2 TO GRANT CONTRACT #2006-NGTF-00370/9300-2195 Original Contract Effective date: January 1, 2006 _Total Contract Amount: $520 000.00 Original Contract Expiration date: December 31 2006 Original Contract Amount: $260,000.00 Amended Contract Expiration date: December 31, 2007. Previous Amendment(s) Total: $130,000-00 Current Amendment Amount: $130,000.00 This amendment is between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Justice Programs, 444 Cedar Street, Suite 100, St. Paul, Minnesota 55101-5100 ("State") and City of Eagan, 3830 Pilot Knob Road, Eagan, Minnesota 55122-1897 ("Grantee"). Recitals I The State has a grant contract with the Grantee identified as Grant Contract 2006-NGTF-00370/9300-2195 for the purpose of funding multijurisdictional narcotics task force. 2 The State and the Grantee have agreed that additional funding is necessary for the satisfactory completion of this project. 3 The State and the Grantee are willing to amend the Original Grant Contract and previous amendments as stated below. Grant Contract Amendment In this Amendment deleted contract terms will be struck out and the added contract terms will be underlined. REVISION 1. Clause 4, "Consideration and Payment", Section 4. 1, Paragraph (1) and (4) of the Original Grant Contract and Amendment No. 1 is amended as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed $390,000.0 $520,000.00, according to the breakdown of costs contained in Revised Exhibit A, which is attached and incorporated into this grant contract. The Grantee will submit any revisions to Revised Exhibit A as described in Section 4.2 (2) of this grant contract and the revised budget must be approved by the State's Authorized Representative before any expenditures can be made based on the revised budget. (4) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $398880:0 $520,000.00. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. Grant Amendment 05/07 e~ 1 AMENDMENT NO.2 TO GRANT CONTRACT #2006-NGTF-00370/9300-2195 Except as amended herein, the terms and conditions of the Original Grant Contract and all previous amendments remain in full force and effect. By execution of this amendment, the terms and conditions of the Original Grant Contract and all previous amendments are expressly restated and reaffirmed. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stai. 16A.15 and 16C.05. Signed: By: (with delegated authority) Date: Title: Grant Contract No.: 2006-NGTF-00370/9300-2195 Date: 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Tide: Mayor Date: By: Title: Deputy City Clerk Date: Distribution: DPS/FAS Grantee State's Authorized Representative Grant Amendment 05/07 2 REVISED EXHIBIT A OF Pug' ll! S\ e.''° OFFICE OF JUSTICE PROGRAMS A OF..WNW O 0 Grantee: Eagan, City of Grant Number: 2006-NGTF-00370 Program Component: Narcotics and Gan Task Forces: Dakota Count BUDGET FEDERAL PSN EQUIPMENT STATE MATCH CATGORY . Personnel - $86,667 Contract Services $4,92-,32-5 $203,100 Office Expenses.. $24,400 H38,800 Pro ram Ex enses $64;80 8Expenses $8588 $122.000 Confidential Funds $-52-,57-6 70 100 - TOTAL 520F`0~0 $86,667 2- I 7 Agenda Information Memo July 10, 2007 City Council H. FINAL PLAT (RICK SKINN ADDITION) - RICHARD SKINN ACTION TO BE CONSIDERED: To approve a Final Plat (RICK SKINK ADDITION) to create one lot on approximately .70 acres located at 4890 Biscayne Avenue in the SE'/4 of Section 36. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ This final plat combines one parcel and apart of vacated 117th Street East into one, and is platted along existing boundaries. ➢ The site contains an industrial building. ➢ A conditional use permit for outdoor storage and setback variances, approved by the City in December 2006, required replatting of the property into a single lot. ATTACHMENTS (1): Final Plat, page '27 b x e Yq Epy~~ ~ I CS ~ ~ ~ ~ Y w 4 s~ e Y iS~C n r C~a y ° ~ R.fi b A I { g O ~ w A E~.~ g ~ a ~j ~ ~ ~ a I O fi fie $fiF a G 10 i3 3. U, I O-OON lit t ~Nr g I ills ref e I ~ S1, 1~,, ,I ,ha a fit a I 5!1 ~t11 A ~a \i r rtr --4 rnr -a r •a 2a { 3 00-M 3.Ll,L0A0N owc," I I I I $ t pia lilt, I I I I !E ,Yf lE1i Awm- t , rn 4 -F, I ~ c~z ~I I art I fie _ y/ ~m I GI I - ppppd ~I , sl t-, t'' N > O I of z r4 0 L - 1R nr1 , ~ 1 , Z E { ' - -----L f T Agenda Information Memo July 10, 2007 Eagan City Council Meeting J. LOT 2, BLOCK 1 UNISYS PARK ADDITION (UNISYS CORP) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate all public drainage and utility easements over existing water lines within Lot 2, Block 1 Unisys Park Addition, and schedule a public hearing to be held on August 7, 2007. FACTS: • On June 19, 2007, City staff received a petition from Donald Schlafer representing Unisys Corporation, requesting the vacation of all existing drainage and utility easements over water lines within Lot 2, Block 1 Unisys Park Addition, at the southwest corner of the intersection of Pilot Knob Road and Towerview Road. • The drainage and utility easements were originally dedicated for a water main loop within the development serving only the Unisys Building. • The watermain within the development is part of a larger loop of an existing service to only the Unisys facility and serves no public purpose or benefit. • Also on June 19, the City Council held a public hearing and approved the vacation of a portion of these public drainage and utility easements, to allow the timely expansion of facilities at the existing Unisys Corporation building. • The purpose of this new request is to vacate all of the public easements incorporating this watermain and turn the facility over to Unisys for their perpetual maintenance responsibilities. • Notices for a public hearing 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 ~-I 0 Utility location plan, page. INTERSTATE dfENDOTA HEIGHTS. /494 t r I Proposed Vacation l o Unisys Park z , F- 0 LONE OAK R LONE ODIC R Z r J ~ l h : J ! YANKEE DOODLE ROAD J ~ ,I L SILVER BELL RD. ---T- Ahl ui Unisys Park 2q June 25, 2007 City of Eap Proposed Vacation - Location Map Engineering Department ~T VER dW ROAD E µ r u I wr , i' -..-1'~ r a II I %W l S ` t do / • # 3199.. r ,.ot 2 Block 1, Ursys Park", , zz p d T 0 .44 -7 of , ~ r gyp, 9 ~i • . ' .Kaye- ~ ;`r rj.. }}~,~F}.~Ir'F - ~ 4~- r>.cTr ~.ie ~ ~ -r•- y# { ~~.t 0~~ Tel' « ~ ! n r _ s ~ 3-1 ~ A ,,~.~',~,y~ s./•{l~ - do - ~~y r11ik 1 F EXISTING WATERMAIN SYSTEM ` rV w y J s momaw- VIVO, Agenda Information Memo July 10, 2007 Eagan City Council Meeting K. Antennae Lease Amendment Cin ular Wireless - Safari Water Reservoir ACTION TO BE CONSIDERED: Approve an amendment to the Cingular Antennae Lease Agreement for the Safari Reservoir and authorize the Mayor and City Clerk to execute all remaining documents. FACTS: • Cingular Wireless currently has a lease agreement with the City of Eagan for antennae and related ground support facilities on the Safari Water Reservoir site. They have expressed an interest in expanding their ground leased area to accommodate additional support equipment. An amendment has been prepared to the original lease agreement to accommodate this request with additional revenue of $475/month. The amendment has been reviewed by the City Attorney's office, Public Works Department staff, accepted by the applicant and found to be in order for favorable consideration by the City Council. 31 Agenda Information Memo July 10, 2007 Eagan City Council Meeting L. CONTRACT 06-01 TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Change Order No. 1 for Contract 06-01, TH 149 Reconstruction. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 providing for the upgrade of a 2.7 mile segment of Trunk Highway (TH) 149, beginning north of TH 55 and terminating in Inver Grove Heights at Albano Trail (south of Rich Valley Blvd/Co. Rd. 71). The upgrading of TH 149 to a 4-lane divided roadway includes a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail will also be constructed along the east side between TH 55 and Wescott Road. • Change Order No. 1 provides for the designation of roadway construction preparation and materials included in the plans and specifications for Contract 06- 01 as Bid Plan Quantity rather than the proposed Loose Volume or weight measurements originally proposed. The change order was requested by MnDOT. • The Plan Quantity measurement of the items Granular/Sand, Topsoil, Excavation, Subgrade Preparation and Aggregate Base/Gravel will facilitate standard MnDOT construction management practices which entail more construction survey and inspection efforts than typically practiced by City staff. This measurement method does not require the collection of scale tickets and truck counts. • The lack of truck specific measurements will allow the contractor to use material within or adjacent to the TH 149 construction site without the need of a registered scale on site. There would be no additional cost for this change order as the addressed work is already included as part of the approved contract. • The proposed method of measurement for the excavation, preparation and fill material is consistent with MnDOT practices for relevant roadway construction bid items on other projects within the metropolitan area. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. 32. Agenda Information Memo Juiy 10, 2007 Eagan City Council Meeting M. CONTRACT 07-03 CITYWIDE SEALCOAT ACTION TO BE CONSIDERED: Approve Final Payment for Contract 07-03, Citywide Sealcoat, in the amount of $402,447.38 to Pearson Brothers, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 07-03 provided for the sealcoating of 487,815 square yards of street surface throughout the City as part of this annual street maintenance effort. In accordance with City Council concurrence in response to past residents' concerns, no cul-de-sac bulbs were sealcoated. • 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. ~ 1 . Agenda Memo July 10, 2007 Regular City Council Meeting CONSENT AGENDA: N. Accept a donation of used exercise equipment from the Lifetime Fitness Foundation valued at approximately $1800. ACTION TO BE CONSIDERED: Accept donation of used exercise equipment valued at approximately $1800. FACTS: • By approving this donation, the police department will replace existing equipment that needs to be repaired or replaced. • On June 29, 2007, an employee from the Lifetime Fitness Foundation phoned the police department conveying the foundation would like to donate used exercise equipment to the police department. • The Lifetime Fitness Foundation makes these donations available to schools and other law enforcement agencies. • Six items were offered for donation and are valued at $1800. ATTACHMENTS: None. Agenda Information Memo July 10, 2007, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT- DARCOM PARNTERSHIP LLC ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for the outdoor storage of vehicles, boats, trailers and miscellaneous equipment for property located at 1299 Eagan Industrial Road, legally described as Lots 12 and 13, Block 2, Eagandale Center Industrial Park, in the NW'/4 of Section 3, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum. FACTS: ➢ The applicant's proposal includes a Conditional Use Permit for outdoor storage of vehicles, boats, trailers and miscellaneous equipment. ➢ The property is zoned I-1 (Limited Industrial), which requires a minimum lot size of .5 acres. ➢ The building was constructed on Lot 12 in 1973 as a single tenant building. The applicant purchased the property in 2003 from G & K Services. ➢ Lot 13 is 5,000 square feet in size, a non-conforming lot. ➢ The applicant must replat the property into a single parcel. ➢ Outdoor storage is an approved use in the Industrial Zoning district. ➢ The proposed outdoor storage meets most setback requirements. ➢ The outdoor storage of racking is proposed to remain on permeable (grass) surface. ➢ This item was heard as a Public Hearing before the Advisory Planning Commission on June 26, 2007. ➢ The APC recommended approval of the Conditional Use Permit, requiring a replat of the property and providing clarification on landscape screening but agreed to strike the condition requiring the storage racks to be placed on a bituminous surface. ISSUES: ➢ The applicant proposes not to replat the property. 60 DAY STATUS: July 14, 2007 ATTACHMENTS (2): Draft June 26, 2007 APC Minutes on pagescrw through 37 . Staff report on pages through 35 Advisory Planning Commission Minutes June 26, 2007 Page 5of10 C. Darcom Partners Applicant Name: Darcom Partnership LLC Location: 1299 Eagan Industrial Road; Lot 12 & 13, Block 2, Eagandale Center Industrial Park Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage. File Number: 03-CU-10-05-07 = - Planner Schield introduced this item and highlighted the in, formation presented in the City Staff report dated June 19, 2007. She noted the background-an -history Chair Hansen opened the public hearing. Attorney Gary Fuchs, representing the applicant, requested _that conditions 2, 8, and 10 be removed and he requested clarification of condition 7. He discussed the history of the property and stated that based on the historical platting of the property=a~eplat should not be required. He asked for clarification on the request far additional landscapm~ He displayed a photograph of the storage racking located on the turf a ea and explained thatthis portion of the outdoor storage area should not be paved because the storage_rack area isierigated and well maintained and that it didn't make sense to hiirn or his client-to-add more hard surface to the site. He explained that the garbage container ig~ not visible from the street and therefore should not be required to be within an enclosure. He noted an error in the report regarding the sale of the property to Darcom1n 1993. Re stated Darcoikpurchased the property in 2003. _r. There being no public comment-Chair-Hansen closed the public hearing and turned the discussion back to tfte Commission. Member Chavez stated-fh'e-he understood the applicant's rational and suggested the APC may wish .to-amend the referenced conditi6r s-. Member Keeley clarified thatthe racking was not only located on an unimproved surface but did not meet outdoor-storage setback requirements. Mr. Ridley stated the option existed to merely move the rack onto an existing paved surface Mr. Fuchs stated the site contains more than minimum required green space; however, if the rack was moved onto a hard surface, less storage space is available. City Attorney Bauer spoke to the issue of replatting the property as a requirement that is typical and has been applied in similar instances. Chair Hansen stated that the City has consistently required replatting in order to simplify legal descriptions and that the current situation includes a portion of a lot that does not meet Industrial minimum lot size requirements. Oo-,7 Advisory Planning Commission Minutes June 26, 2007 Page 6of10 Member Keeley stated her opinion that the property should be replatted, that the condition requiring the racking to be on a paved surface be removed, that if the applicant chooses to store trash and recycling containers outdoors, he should provide an enclosure per City standards and that condition #7 be reworded to clarify that additional screening is necessary from public rights- or way. Member Keeley moved, Member Chavez seconded a motion to recommend approval of a Conditional Use Permit (CUP) for the outdoor storage of vehicles, boats, trailers and miscellaneous equipment on property located at 1299 Eagan IndustrialRoad, legally described as Lots 12 and 13, Block 2, Eagandale Center Industrial Park, in th&- W 14 of Section 3 subject to the following conditions: 1. This Conditional Use Permit supersedes all prior CUP's in effect for the property and shall be recorded at Dakota County within 60 days of approval by the City Pouncil, and proof of recording submitted to the City. 2. The applicant shall replat the parcels into one lot 3. The storage area shall be maintained in an orderly fashion 4. The outdoor storage shall be limited to the storage of-Ahe A6 ms, quantities and locations set forth on the Site Plan and narrative dated May 31, 2d0 5. The four temporary signs shall be removed. - 6. Building signage shall comply with City Sign Ordinance requirements. 7. Applicant shall provide a Landscape-.P- Arad plant add itionkconiferous trees along the east perimeter of the site to block view from public right-of_way per current City Code requirements. pavement. 9. The safety storage=for LP cylinders and flarftable container safety cabinet along the north side of the building _should ha\iiil minimum spacing of 5 feet from any building openings. 10. The applicant shall provide an enclosure, consistent with City Code requirements, to house trash and recycling containers. A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 19, 2007 CASE: 03-CU-10-05-07 APPLICANT: Darcom Partnership LLC HEARING DATE: June 26, 2007 PROPERTY OWNER: Dennis Wolfe APPLICATION DATE: May 16, 2007 REQUEST: Conditional Use Permit PREPARED BY: Sarah Schield LOCATION: 1299 Eagan Industrial Road COMPREHENSIVE PLAN: IND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REOUEST Dennis Wolfe, Darcom Partnership LLC, is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage of vehicles, boats, trailers and miscellaneous equipment on property located at 1299 Eagan Industrial Road, legally described as Lots 12 and 13, Block 2, Eagandale Center Industrial Park, in the NW %4 of Section 3. AUTHORITY FOR REVIEW Conditional Use Permit: 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: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report - Conditional Use Permit (Darcom Partnership LLQ June 26, 2007 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 which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (1-2) 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 - Conditional Use Permit (Darcom Partnership LLC) June 26, 2007 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 building was constructed in 1973 as a single tenant building. Darcom Partnership LLC purchased the subject property in 1993 from G & K Services. When Darcom took over the site they renovated the building to become a multi-tenant use. Currently, the building is leased out to three different companies for warehouse and office space. The companies include Mid-Northern Electric, South River HVAC and Valley Motor Sports. EXISTING CONDITIONS The 1.5 acre site contains an existing 1 story building 13,200 square feet in size. The building is located on Lot 12 and the site also consists of the east 83.77 feet of Lot 13. The applicant must replat the property to rectify the non-conformity of the substandard Lot 13 which is 5,000 square feet or 0.1 acres in size. I-1 minimum lot size requirement is 0.5 acres. Access to the site is provided from Trapp Road on the west and Eagan Industrial Road on the south. The parking lot and drive aisle areas are surfaced with bituminous asphalt to the rear of the existing building. SURROUNDING USES The site is surrounded on all sides by property zoned and guided for industrial uses. EVALUATION OF REQUEST Compatibility, with Surrounding Area The proposed use appears compatible with the surrounding properties and existing uses. Site Plan - The applicant proposes the outdoor storage of items that pertain to the building tenants. The majority of the items to be stored outdoors consist of vehicles, boats, equipment and trailers. The site plan dated May 31, 2007, provides a detailed plan of the proposed outdoor storage. The applicant has also submitted a letter that provides a list of the specific quantities of the items to be stored outside. According to the site photos, there are four signs located on the fence which abuts Trapp Road. All of these signs appear to be temporary. One of the signs is for boat storage. According to the applicant narrative boat storage is not offered by Valley Motor Sports at this site, but rather at other facilities they have in the City's of Rosemount and Hastings. Since off premise signs are not allowed, this sign should be removed. The applicant should apply for sign permits and meet the Sign Ordinance requirements for the remaining signs. 110 Planning Report - Conditional Use Permit (Darcom Partnership LLQ June 26, 2007 Page 4 Outdoor Storage - The ordinance standards for outside storage are outlined below. 1. 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. The applicant has proposed the storage area to be enclosed by an existing six foot chain link fence and a 16 inch extension of 3-row barbed wire security fencing. 2. 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. The City Code requires a 20-foot side and rear yard outdoor storage setback. Additionally, the City Code requires a 5- foot side and rear yard parking setback. The storage of vehicles, boats, trailers and miscellaneous equipment are proposed within the side and rear yards of the property. The Site Plan identifies storage racks, a trailer parking stall and three boat parking stalls within the 20 foot setback area. The storage in these locations exceeds the 5 foot setback requirement for parking. 3. 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. The adjacent properties are zoned and guided for industrial use and screening is not required from adjacent parcels that are zoned 1-1. There are existing deciduous trees on the north side of the property which provide screening during the summer months from the adjacent property. Coniferous trees are proposed to be located in the front and side yards adjacent to the driveway entrances and one coniferous tree is proposed to be planted along the east property line. These trees must meet minimum city landscape requirements (six feet in height). The proposed storage area is somewhat screened from the public view by the building, however, the outside storage is visible from the east property line, driveway and parking lot openings. The proposed coniferous trees near these locations will assist with the screening from the public right-of-way; however additional conifers should be planted along the east property line to provide additional year round screening of the parking lot and outdoor storage areas. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed Site Plan indicates that the storage will not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. The green space minimum requirement is 25%. The site exceeds this requirement as 38.7% of the site is green space. However, the applicant proposes to continue to store pole storage racks in a grass area in the north east corner of the site. This area will take up a maintained landscaping area. It does not appear that this area, if paved, would reduce the amount of green space to be less than the minimum percent required. No required parking spaces are proposed to be removed or utilized for storage. ~l Planning Report - Conditional Use Permit (Darcom Partnership LLC) June 26, 2007 Page 5 6. 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. As previously mentioned, the applicant proposes to continue to store pole storage racks in a grass area in the north east corner of the site. City policymakers should determine if this area warrants the need to be surfaced with concrete or bituminous material or if the 'area, approximately 50 square feet, is able to remain permeable due to the limited use of that area. The remainder of the outdoor storage location is surfaced with bituminous. Flammable and Combustible Liquids - The site plan identifies an area for safety storage for LP cylinders and a flammable container safety cabinet along the north side of the building. These locations must have a minimum of 5 foot spacing from any building openings. Trash Containers - The site plan identifies a 20-yard dumpster location in the north cast corner of the parking lot. City Code requires trash dumpsters to be enclosed. The enclosure must be constructed of materials to match the exterior of the principal structure. SUMMARY/CONCLUSION Dennis Wolfe, Darcom Partnership LLC, is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage of vehicles, boats, trailers and miscellaneous equipment on property located at 1299 Eagan Industrial Road, legally described as Lots 12 and 13, Block 2, Eagandale Center Industrial Park, in the NW %4 of Section 3. The proposed outdoor storage appears generally compatible with the I-1 zoning and surrounding properties. However, the proposal falls short of satisfying all of the performance standards in the City Code. The primary shortfalls are with regard to setbacks, the surface material for the proposed location of the storage racks and screening. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) for the outdoor storage of vehicles, boats, trailers and miscellaneous equipment on property located at 1299 Eagan Industrial Road, legally described as Lots 12 and 13, Block 2, Eagandale Center Industrial Park, in the NW 1/4 of Section 3. If approved, the following conditions should apply: 1. This Conditional Use Permit supersedes all prior CUP's in effect for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The applicant shall replat the parcels into one lot. 3. The storage area shall be maintained in an orderly fashion. M'2- Planning Report Conditional Use Permit (Darcom Partnership LLC) June 26, 2007 Page 6 4. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan and narrative dated May 31, 2007. 5. The four temporary signs shall be removed. 6. Building signage shall comply with City Sign Ordinance requirements. 7. The applicant shall provide a Landscape Plan and plant additional coniferous trees along the east perimeter of the site per current City Code requirements. 8. The applicant must surface the storage area for the pole storage racks with bituminous pavement. 9. The safety storage for LP cylinders and flammable container safety cabinet along the north side of the building should have a minimum spacing of 5 feet from any building openings. 10. The applicant shall provide an enclosure, consistent with City Code requirements, to house trash and recycling containers. `T > Eagan Boundary N~u Right-of-way Area Location Map UParkArea - Building Footprint IXn;IµTaT. XWT, Ne. Sub'ect Site r ~ if JIM .m..n vona ~ rr ® pJr q~ f + ■ a a P I• .t` o ■ we y / ti wx s , k S .I R• 7 A }s 3 ■ s ■ ■ d i ► 11 ■ IN i e• O cum Ell OF 0 B Men FL, G ' 1000 0 1000 2000 Feet nee-NOWENO Development/Developer. 1299 Eagan Industrial Road Application: Conditional Use Permit Case No.: 03-CU-10-05-07 Map Prepared using ERSI Arc%Aew 9.1. Parcel base map data provided N pn qn by Dakota County Office of GIS and Is current as of April 2005. My of Eakan THIS MAP IS INTENDED FOR REFERENCE USE ONLY 4q w E The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Darcom Partners Conditional Use Permit Land Use Map 03-CU-10-05-07 Zoning Map 41 E PD t Current Zoning: PD 11 1.7 S PD Location Limited Industrial 1-1 RD 00 P, / 1 1 ^ soe D ssD +soo rot ~y Comprehensive Guide Plan IND Land Use Map IND E IND BP IND BP IN Current Land Use Designation: i BP BP IND Location 11 IND I [A Limited Industrial BP IND D gg P IND BP C DDD D &D0 12DO 1x00 Post IND Pm.4 bw -rp lftfb Dtlen provided by Dakota Ce hty Land 8u y Deparbnent D. Mbw 2005. 1 1 N z"Ing Iftf m tlon mnintnlmw by City staff. 1'1`^Ilr` i W E lilt of Wan THIS MAP IS INTENDED FOR REFERENCE USE ONLY The Clty of Eagan and Dakota County do not guarantee the accuracy of this information. s ~j NV'1d nis nine-Sy "q k /~/~I ° ~y_=~s~' .~OFMUB r~••. NK'NTJV3 W w .v.r~~e~ ..r.- ww.• anie lYW1S WN1 NYDY3 6611 EEIC r ~ 6233813 ONIONY NZ13HIM 1210N Z-aim --r+., ~p •JNIOlInB D1M193 ==----=-..•,r..rw.w-..w.~ IW B 4 Rc~c 7 F Cti Cr] € d 1.11 fill I _ W I o0 os: n a w M,[Z,00.00N o pp } I~ .0 ~ I 7 W ~ E~ I I 1,7 p °FS I ~ t _ ~ ~ , ac A i A .1 - turf!-- - ` . SITE PLAN lz F ~ i2 y ~i'+.^ sip ~ ~ C%j you pa CQ f~ ~ ' J n y + s w4 71T LLJ LIJ t' y. l~ - a F 71 at+41 _bv kv, R rF "lift .ter. +/A+ iY' m...-t. t _ Mow a„ Ilk gg e u mail { y ter. r i.~ .r` _ t i' '.i 1 t. o• . R .,w: ' h / F r,..3.Y y,.~ / r~f✓ t ~+'1F nT. ? i i ..n }L 1 .~tlM. - . °+~-~kt~k' ,7F~2'u~i ~r:N.:n. .~.••~::i.:iir.:.Rs._. "~rt`~ .r^Ci,.°"lic~ae.:a. . r f P ~ Yl~/~A:~ H V ~ r NNA .1 C r I~3~(j( ms's A ~ iwJ+h~ I I -P ~t r M Rpm ~ ~ grim 1 A; 77 tl`i vz~ 411 ,c. ca c~ `es LLJ LLI C--') LLJ T r n Ilk OR, f `;r 1 Ile Y fin. 1 1 ~ y I ~11 III 1~ I I I I II 41 L LLL 3:. ~ b ~ 1 t i 1 h ~ 1 . ~Aa ' 4 Wil~n y ry; ~ 1 4 as ~f VVgVVq.V Vqq qV q'Mb CV VOOV Vq...rt~ RECEIVED MAY 3 12007 52- i L .~6 r ~ t't f.. T} iy V i Id p, e' I s ~a x ~ f © 3 2 ~ f"+7 G7 i I k RECEIVEb MAY 2"R!t} 53 ! j x~ t:) t 1 rc r b .It ~x kEGEIVED MAY :i ~ 2001 5q CONDITIONAL USE PERMIT APPLICATION 1299 EAGAN INDUSTRIAL RD. • Request: DARCOM PARTNERS, LLC is applying for a C.U.P. for allowable outside storage within the existing security fenced portion of our bituminous parking lot area on the north side (rear yard) at the above mentioned address. We are responding to a notice of current City Code violation for lack of a City permit which was never a requirement at our old I-1 property (taken through eminent domain with the Eagan EDA in 2003) at 2815 Dodd Rd., nor were we informed of this requirement during the conversion/relocation process to this existing site at 1299 Eagan Industrial Rd. Respectfully, we believe our property meets the Evaluation Criteria and Standards for Outdoor Storage (as defined by, and recently received from, the City of Eagan), with the exception of the actual procurement of the aforementioned Conditional Use Permit. We anxiously await the outcome of this process and will be happy to work with your Staff to correct any possible deficiency we may have overlooked. The structure on site was built Rauenhorst in 1973 and originally owned and occupied by a plastic laminating and extrusion company known as Transilwrap. As would be indicated by aerial photography maps obtained from the years this site has been in existence, only the bituminous lot on the east side of the property existed from 1973 to 1994 when Transilwrap vacated the site. The property was then acquired in 1994 by G&K Services, a commercial/industrial garment distribution and service company. Sometime after 1994 and before the Summer of 2003 (when the site was purchased by DARCOM Partners, LLC), G&K installed the structural canopy along the entire north side of the building, cut in additional overhead and service doors, and expanded the parking lot to wrap around the back (north side) of the building. They also surrounded it with chain-link fence to contain their own storage of trucks, racks, product containers, etc. I assume this was all done with the required permits and inspections to meet City Codes. Though we were recently told by the Eagan staff in Planning and Code Enforcement that C.U.P.'s were required during that period, their investigation did not turn up any that had been applied for or granted to the site, leaving us unable to simply request a transfer of such from G&K to DARCOM. When DARCOM took possession of the property almost four years ago, much work had to be done to the inside of the building and its infrastructure to turn it from a single tenant building to multi-tenant use. All construction at the site was done with applications and drawing submittals, permits, inspections and any necessary upgrades and corrections to be in compliance with then current City Building Codes for the purpose of obtaining Certificates of Occupancy. • Comprehensive Guide Plan designation (existing and proposed): The exiting and proposed Comprehensive Guide Plan designation is IND (Light Industrial) and to my knowledge will remain the same. RECEIVED MY 15 7007 T. • Zoning classification (existing and proposed): The existing and proposed Zoning classification is 1-1 (Limited Industrial) and to my knowledge will remain the same. • What we want to do; timing/phasing: DARCOM Partners, LLC wants to do nothing more than provide the items required by the City to be in compliance with their established Code requirements and acquire the necessary C.U.P. that will allow us to let the tenants we have be able to enjoy and productively operate their businesses with respect and accountability to its neighbors and the Community at the same time. With regard to timing/phasing, all we can say is "the sooner, the better". It is DARCOM's desire to meet the City's needs and deal with whatever items/issues need attention or change in a very timely manner. We are not asking for additional storage area, more/less parking lot area, special conditions, etc. • Existing land uses on the subject property: The existing land use of the subject property is IND (Light Industrial). The existing tenants consist of 1) an electrical contractor (construction & service), 2) an HVAC contractor (construction & service), 3) a seasonal sports & recreational powercraft mechanical service and parts supply company, and 4) a franchised "sweat-equity building" residential packaged sales company. Three of the four tenants operations are best suited for an Industrial zoned environment, while one could also function in a business park or possible retail zoning. Three of the businesses (two of which were originally relocated from the 2815 Dodd Rd. site) require use of the existing outside storage area in the fenced lot or under the north overhanging structural canopy for: I . Metal scrap trailer for collection of metal scrap to be recycled. 2. Parking of the 4WD winter snowplowing truck. 3. Customer owned seasonal recreational equipment (boats, personal watercraft "PWC", snowmobiles, snowplows, trailers, etc) in the process of repair. 4. HVAC or electrical equipment (rooftop equipment, light poles and temporary electrical services) awaiting sale or installation. 5. Varying numbers of job "gang boxes" or 16' to 24' job site trailers as construction work loads increase or decrease. 6. Varying numbers of service vans/pick-ups as would be dictated by highs and lows of field staff designated or employed for such work. 7. One to three service vans/pick-ups being decommissioned from service or being outfitted to be put into service. 8. Varying numbers of fiberglass step and extension ladders depending on current work loads. 9. One to three aerial (bucket) trucks or vans (32' to 65' reach) used as needed for parking lot and public street lighting repair or installation. 10. 20 yard common use trash dumpster (emptied as needed - typically once or twice per month). 11. Misc. items as related to the tenants business needs from time to time. • Surrounding land uses and zoning within 660 feet: The surrounding land uses within 660 feet are all IND (Light Industrial) and the zoning is I-1 (Limited Industrial). They include companies that have outside storage needs for service vehicles and equipment, commercial promotional event (demonstration/concession) vehicles, trailers & wagons, construction supplies and equipment, delivery vehicles and trailers, shipping pallets and rubbish/trash containers. Please contact me at my office if you require any additional clarification or information on this narrative. My office phone M-P 7:30AM to 5:OOPM is 651-452-3996 (Ext. 11). Sincerely and respectfully submitted, Dennis L. Wolfe DARCOM PartnerstLL 5~ ~y May 30, 2007 Ms. Sarah Shield Planner City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Sarah, I am in receipt of your fax and subsequent letter of May 24`h regarding 1299 Eagan Industrial Rd. I will address the issues of concern or needed answers with the following: A list of specific quantities of items to be stored outside. For tenants use in common: 1 20 yd. trash dumpster 1 6x10 metal recycling scrap trailer 1 Ford Explorer w/snow plow (Winter) For Mid-Northern Electric: Vehicles equipment and trailers 6-8 Service vans or pick up trucks 1-2 Aerial bucket vans or trucks 2-3 16' to 20' job trailers 1 17' ramped aluminum trailer to transport man lifts 1 5x9 stake side trailer to transport small trencher 1 6x12 open trailer to transport material & equipment Miscellaneous items 6-20 Step and/or extension ladders 2-3 Wire carts 1-2 Rolling pipe racks 4-10 Gang boxes/job cabinets 4-8 Spare service truck tires (on rack) 1-3 Large wire spools 2-4 Lamp recycling containers 1 Flammable liquid containers safety cabinet 2-7 Steel scaffold sections For South River HVAC: 0-1 Service pick-up truck 0-1 20' job trailer 0-1 Flat trailer to move large materials to job sites 1-2 Larger pcs. HVAC equipment awaiting installation For Valley Motor Sports: 1 Safety storage rack for LP cylinders 7 10'- 20' boats and trailers (Summer) 8 20'- 40' boats and trailers (Summer) 4 10'- 20' trailers w/snowmobiles (Winter) RECEIVED MAY 3 12007 ~s 5~ The issue of "BOAT STORAGE AVAILABLE". This is a service that existing tenant Valley Motor Sports offers its customers. It is not on this site but rather at other facilities they have in Rosemount and Hastings. Maintaining a 24' emergency access through the storage lot. We would propose to maintain an aisle way through the entire bituminous parking lot and storage area that would be at least the width of our rolling gate openings of 20.5'. We would propose to have this marked and striped on the pavement as an area that cannot be parked or stopped within; we would have a meeting with our tenants to let them know this is part of the operational legal requirements on this property that must be continuously observed by all tenants, vendors, freight companies and customers. This striping process will take place the same time as the existing diagonal markings in the lot are covered or removed and remarked for parking. Height of storage fence or screening around lot vs. height of stored items. The existing chain-link fence is 6' tall with an additional 16" extension of 3-row barbed wire security fencing. It is the same fence installed as part of the construction of the storage area by G&K Services in '94 or '95. Mid-Northern Electric's and South River HVAC's trucks and job trailers, as well as a good share of Valley Motor Sports boats and trailers are smaller and/or shorter than G&K's step-vans and cube trucks were for the 10 years they used the storage lot. The issue of the outside NE storage area that is being (currently used) proposed in a grass area covered area is that which has our pole storage racks that were moved here by the City during the 2003 relocation process. They are situated on concrete foundation stones, and with their tri-pod design are raised high off the grass. The grass gets plenty of sunshine and moisture to maintain its health and is cut weekly along with all the other existing sodded areas. The area it is in serves no other useful purpose and to move it into the existing paved lot area only takes away from the purpose and use of that area for parking and organized storage. We do propose to install some sizeable conifer trees on both sides of the driveway approaches or lot entrances to help improve natural screening of the storage lot from public view on both Trapp and Eagan Industrial Roads. Your additional comments or suggestions would be welcome to try and best accomplish this. Code requirements for 25% minimum green space. We are happy to report that we have consulted with our architect/engineer and our property not only meets, but exceeds this requirement by over 50%! Our current green space covers at least 38.7% of the property within its legal boundaries. Please let me know if you require additional information. Dennis L. Wolfe DECEIVED MAY l Lo ~ i , Agenda Information Memo July 10, 2007, Eagan City Council Meeting B. CONDITIONAL USE PERMIT- DART OFF-SITE OUTDOOR STORAGE ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for off-site off- street parking and outdoor storage of trailers for DART Transit on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition, in the NW Y4 of Section 12. REQUIRED VOTE FOR APPROVAL: Majority of Quorum. FACTS: ➢ The applicant's proposal is for a Conditional Use Permit for off-site off-street parking and outdoor storage of trailers. ➢ The property is zoned I-1 (Limited Industrial), which allows for outdoor storage of trailers via a CUP. ➢ The property consists of 6.7 acres and is currently vacant land. ➢ The adjacent property (dominant parcel) contains a 21,000 s.f maintenance building, 95 vehicle stalls and 212 trailer stalls. ➢ The subject property (servient parcel) is proposed to contain 184 parking stalls. ➢ The proposed outdoor storage meets setback requirements. ➢ The applicant must revise the landscape plan to provide screening from public right- of-way. ➢ The applicant must also establish storm water management features to reduce the rate of run off. ➢ This item was heard as a Public Hearing before the Advisory Planning Commission on June 26, 2007. There was no public comment at the meeting. The APC recommended approval of the Conditional Use Permit. ISSUES: None 60 DAY STATUS: July 14, 2007 ATTACHMENTS (2): r - Draft June 26, 2007 APC Minutes o-~n~ nages to Staff report on pages through (00 Advisory Planning Commission Minutes June 26, 2007 Page 8of10 E. Dart Applicant Name: D. Oren. B LLC Location: Lot 2, Block 1, Kwik Trip Eagan Addition Application: Conditional Use Permit A Conditional Use Permit for outdoor storage of transportation equipment. File Number: 12-CU-08-05-07 Planner Schield introduced this item and highlighted the information presented in-the City Staff report dated June 19, 2007. She noted the background and history. Applicant Gary Santoorjian, discussed a bit of the com056r's:ffstory, growth and the need for the additional outdoor storage. _ Chair Hansen opened the public hearing.:` _ There being no public comment, Chair Hann closlgd-the~-Rublic h. bring and turned the discussion back to the Commission. = - Member Keeley moved, Member Keller secondd-d a motion to recommend approval of a Conditional Use Permit.(CUP) for:off--site off-st"rget parking and outdoor storage of trailers on property legally described-as Lot 2;--Block 1, Kwik Trip-Eagan Addition, in the NW'/4 of Section 12 subject to the following conditions 1. This Conditional. Use_ Permit-'supersedes 591 prior CUP's in effect for the property and shall be recorded at D9ko-ta; County-'i in 60 days of approval by the City Council, and proof of recording submitted to-the. City. 2. The storage area shall be maintained in an orderly fashion. 3. The outdoor storage shat[-be limited to the storage of the items, quantities and locations set forth on the:-Site Plan dated May 31, 2007. 4. The applicant-~ll provide a revised Landscape Plan per current City Code requirements. 5. The applicant sh'll in stigate with City staff regarding the incorporation of storm water management feafures` (i.e. temporary parking lot ponding, low impact development) on the site to reduce the elite of runoff from the site to Pond EP-4. 6. The applicant shall obtain a grading permit from the City for the proposed parking lot work on this site. A vote was taken. All voted in favor. Motion carried: 7-0. ~l T . PLANNING REPORT CITY OF EAGAN REPORT DATE: June 19, 2007 CASE: 12-CU-08-05-07 APPLICANT: Mr. Gary Santoodian HEARING DATE: June 26, 2007 PROPERTY OWNER: D. Oren. B LLC APPLICATION DATE: May 16, 2007 REQUEST: Conditional Use Permit PREPARED BY: Sarah Schield LOCATION: Lot 2, Block 1, Kwik Trip Eagan Addition COMPREHENSIVE PLAN: IND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REOUEST Gary Santoorjian, D. Oren. B LLC, is requesting approval of a Conditional Use Permit (CUP) for off-site off-street parking and outdoor storage of trailers on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition, in the NW'/4 of Section 12. AUTHORITY FOR REVIEW Conditional Use Permit: 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: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 62- Planning Report - Conditional Use Permit (D. Oren. B LLC) June 26, 2007 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 4, C, 1, lists performance standards for off-street or outdoor storage as follows: a. The dominant parcel, which shall be served by the off-street parking or outdoor storage on the servient parcel, cannot physically accommodate the parking or storage needs of the principal use on the dominant parcel. b. The parcel on which the off-street parking or outdoor storage is located and the dominant parcel which the off-street parking or outdoor storage serves shall be within the same zoning districts, provided in R-4 districts the servient parcel shall be within a R-4 district, limited business LB, neighborhood business NB, general business GB, community shopping center CSC, limited industrial I-1, general industrial I-2, and research/development RD districts. C. The servient parcel on which the off-street parking or outdoor storage area is located is a reasonable distance not to exceed 660 feet at the closest point from the lot line of the dominant lot to be served by the off-street parking or outdoor storage area. d. The off-site off-street parking area shall meet the requirements for off-street parking set forth in this chapter. T. . Planning Report Conditional Use Permit (D. Oren. B LLC) June 26, 2007 Page 3 e. The off-site outdoor storage area shall meet the requirements set forth in section 11. 70, subd. 20, except those provisions governing building or height restrictions. f. Off-site off-street parking and off-site outdoor storage on the servient parcel shall have fewer parking spaces, less area, and less outdoor storage area than the dominant parcel. BACKGROUNDMISTORY Dart Transit Company began in 1934 and is a family owned, third generation company. Dart Transit moved its headquarters to its current location in Eagan in 1989. Dart is an industrial employer and landowner in Eagan with 390 employees. The company has operating centers in Dallas, Texas and Sellersburg, Indiana and other regional facilities around the country. According to the applicant, "within the past few months, Dart expanded its office building which doubled the facility's size from 40,000 square feet to 76,300 square feet. With the continued growth in the business, Dart now needs to expand its secured equipment parking lot, which is the reason for the request". The subject parcel is owned by D. Oren. B LLC, which is a Dart Transit affiliated company. EXISTING CONDITIONS The 6.7 acre site is vacant of buildings. The southern portion of a storm water pond is located on the north section of the property. SURROUNDING USES The site is surrounded on all sides by property zoned and guided for industrial uses. EVALUATION OF RE UEST Compatibility with Surrounding Area - The proposed use appears compatible with the surrounding properties and existing uses. Site Plan - The applicant proposes 184 trailer parking stalls on the site. The stalls are 48 feet long and 12 feet wide. Off - Street or Outdoor Storage - The ordinance standards for off - street or outdoor storage are outlined below. 1. The dominant parcel, which shall be served by the off-street parking or outdoor storage on the servient parcel, cannot physically accommodate the parking or storage needs of the principal use on the dominant parcel. The dominant parcel consists of a 21,000 square foot maintenance building, 95 vehicle parking stalls and 212 trailer parking stalls. The dominant parcel cannot physically accommodate the parking and storage needs of the office use. (A Planning Report - Conditional Use Permit (D. Oren. B LLC) June 26, 2007 Page 4 2. The parcel on which the off-street parking or outdoor storage is located and the dominant parcel which the off-street parking or outdoor storage serves shall be within the same zoning districts, provided in R-4 districts the servient parcel shall be within a R-4 district, limited business LB, neighborhood business NB, general business GB, community shopping center CSC, limited industrial I-1, general industrial 1-2, and research/development RD districts. The dominant and servient, subject, property are within the same I-1 zoning district. 3. The servient parcel on which the off-street parking or outdoor storage area is located is a reasonable distance not to exceed 660 feet at the closest point from the lot line of the dominant lot to be served by the off-street parking or outdoor storage area. The dominant parcel, 850 Lone Oak Road, abuts the subject property and is legally described as Lot 3, Block 1, Eagandale Center Industrial Park No. 16. 4. The off-site off-street parking area shall meet the requirements for off-street parking set forth in this chapter. The parking area is in compliance with City Code requirements for off- street parking such as setbacks and drive aisle widths. 5. The off-site outdoor storage area shall meet the requirements set forth in section 11. 70, subd. 20, except those provisions governing building or height restrictions. The requirements of the intended Code Section are met. 6. Off-site off-street parking and off-site outdoor storage on the servient parcel shall have fewer parking spaces, less area, and less outdoor storage area than the dominant parcel. The dominant parcel contains 212 trailer stalls. The servient parcel proposed to contain 184 parking stalls. Setbacks - The City Code requires a 5-foot side and rear yard parking setback. Additionally, the City Code requires a 20-foot setback from a public street. It appears as though the all setbacks are met. Landscaping - There is minimal proposed landscaping. The proposed outdoor storage area is visually screened from the property to the south by the proposed landscaping. However, there is limited visual screening on the north and east property lines, which does have public view from Dodd Road and Advantage Lane. The applicant should provide additional material to supplement the ash trees on the neighboring property to the east, Kwik Trip, and to provide screening where visible from public rights-of-way. Grading/ Topogrgphy - The site was graded with previous development and is open. Utilities - Sanitary sewer and water main service is not necessary for the proposed use of the site for outdoor storage. The applicant proposes to extend hydrant service into site for fire protection. ('06 i i Planning Report - Conditional Use Permit (D. Oren. B LLC) June 26, 2007 Page 5 Storm Drainage - Approximately 75 percent of the site will be paved with a bituminous or concrete pavement surface. The site is tributary to the City Pond EP-4 subwatershed. Pond EP-4 is located just west of Starks Saloon, and has a calculated high water level (1% event) of 852.7. The low entry of Starks has an elevation of 854.5. The elevation difference of 1.8 feet does not provide the standard freeboard of 2.0 feet between the 1% event and the low entry elevation. To increase the amount of freeboard available, the applicant should investigate with City staff regarding the incorporation of storm water management features (i.e. temporary parking lot ponding, low impact development) on the site to reduce the rate of runoff from the site to Pond EP-4. Access - This application proposes to connect to existing Dart parking and service drive facilities which have access to both Lone Oak Road and Highways 55 and 149. The applicant does not propose to utilize access to adjacent Advantage Lane. Permits/ Ri ht-of-Wa The applicant should obtain a grading permit from the City for the proposed parking lot work on this site. SUMMARY/CONCLUSION Gary Santoodian, D. Oren. B LLC, is requesting approval of a Conditional Use Permit (CUP) for off-site off-street parking and outdoor storage of trailers on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition, in the NW 1/4 of Section 12. The proposed outdoor storage appears generally compatible with the 1-1 zoning and surrounding properties. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) for off-site off-street parking and outdoor storage of trailers on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition, in the NW '/4 of Section 12. If approved, the following conditions should apply: 1. This Conditional Use Permit supersedes all prior CUP's in effect for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The storage area shall be maintained in an orderly fashion. 3. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan dated May 31, 2007. 4. The applicant shall provide a revised Landscape Plan per current City Code requirements. Planning Report - Conditional Use Permit (D. Oren. B LLQ June 26, 2007 Page 6 5. The applicant shall investigate with City staff regarding the incorporation of storm water management features (i.e. temporary parking lot ponding, low impact development) on the site to reduce the rate of runoff from the site to Pond EP-4. 6. The applicant shall obtain a grading permit from the City for the proposed parking lot work on this site. 0 i Eagan Boundary N Right-of-way Par Area Location Map o Park Area Area o _ Building Footprint . t- ® Q o i s s ' 9 DPW t o 6 t FEL ON 42 EW Lan-1 eP d r Subject Site t r ■ er o Ted • ® Na s ~INV~ cr. ■ sr °r r ® s ■ + r ■ • 0 C4 ~ i • _ if t ® a 10viz DOODLE M.) 1000 0 1000 2000 Feet Development/Developer. Lot 2, Block 1, Kwik Trip Eagan Addition Application: Conditional Use Permit Case No.: 12-CU-08-05-07 Map Prepared y Office ce of 3.7. Parser base map provided ~ N by Dakota County of G1S and Is current as of ApNIdata2005. City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY W The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community D■v■lopm■nt Department not responsible for errors or omissions. Dart Current Zoning and Comprehensive Guide Plan Conditional Use Permit Land Use Map 12-CU-08-05-07 V PD Zoning Map PD ka PF v i PD A 0 Current Zoning: PD A 1-'1 41 PD A aver. eo. Limited Industrial Location G N BNB .1 PD 4 x 1 R-3 1-1 1.1 1 Sao 0 goo 1200 Net !-d P Comprehensive Guide Plan U Land Use Map SA IND t 6 4 RC SA IND [Current, Land Use Designation: Re s D Location 4~*a ~°"a Mw*• we, ee IND Limited Industrial `'D Re IFID'kr MD T s4 LD MD 'r IND IND IND aoe a goo 1200 r.n N parcel base map Information provided by Dakota County Land Survey Department D-ber 2005• Zoning information maintained by City Staff. W E City of Eajan THIS MAP IS INTENDED FOR REFERENCE USE ONLY S The City of Eagan and Dakota County do not guarantee the accuracy of this information. i 9~ ~ ® r ~IEE ~t~yyErr6 / / ~7~ q L Y F C 3 / , T 7 S~ I el: / Cl v ' O N r~ m Gg 0 s °z0 0 i o s ny c ~ o h W 3 SITE PLAN x -0 70 it I I I I I f 1 i n b i ~ 1 i 2 i l 41 c a z~ 0 na g V r s 6 8 CAMPUS PLAN £ ~ i " fi g ~ x F~ gpp~~4ey4{ ~ R n7 [ On {a~ x -D V 6 F P A ~ ~ 64~ Ih z n E y a I' Ln Z~ I ~-f i i • F o a-4--~Z iii pY ~ rt rnaHS ow. n ~B p pg Z / 6 to p M N ~ / Y ~ r aM ~ - j Azo / ~ t t~l Tr / ~y~i a r Si 31 kL.~ 9 dt O r y ,i`:~, ir• ~ g k6 E g GRADING PLAN v a e zvz~, f p IF va if o`er p i 1; Z~ / 2 Z~ R ZI 5 fill 41 All i~~~ ~ e a6 g e e , I Nil py qq F as I aqi y ~I talic a p ° 16 1 [ ~5 t i p¢ 3 ~g° 9 lift I e zmmm em!- rrr- a IN. 0 LANDSCAPE PLAN a 11M go -4 - z 6. U) z 73 Ln m 9 ro i r fTl / / a rat ~cp XXX 1 QYs Rio . St, 01 z N. k ♦ fC' v ~ ~ \ 9l~ " ~64SG S ~3 \ : Eli HF- I f \ y r 6`k i,~ ~ ill tT ~sr ` ~ ~Z ~ °m ~ r F ~ ~ gY i4 i t 3 O ~ Qt ~ ~ ! iii Q f~ hv~ f Y c~ ° SURVEY ~etet t7~ S ~ yOj n °sS~~"i 0 .GAL T ~~.7 ~(~j s jis S PYrf§~age fill i 1 4.. -1 Mik a I ~ `s l p ~ s- 'it 1I J AA I 10 I if ~ \ Y r ~~Jp{e~~y }~5.~ , AN r` . fill 4V l Ity r 9 or g - v.Y_,,0 w L IF A ?5 ...1 i f I ,t r ~ Jay 3 1 1 1 I 'A b . May 16, 2007 Ms. Sarah Schield RE L; E MAY 3 0 2007 City of Eagan City Hall Eagan, Minnesota Application for Conditional Use Permit Advantage Lane Dart Transit Company moved its headquarters to its current location in Eagan at the intersection of Lone Oak Road and Hwy 55 back in 1989. Dart is an industrial employer and landowner in Eagan providing employment for 390 individuals. Within the past few months, Dart completed an expansion of its office building at this location that nearly doubled the facility's size from 40,000 square feet to 76,300 square feet. With the continued growth in its business, Dart now needs to expand its secured equipment parking lot. The parcel on which the current equipment storage takes place (the "Dart" parcel) is fully developed and cannot be further expanded. As such, the applicant is seeking approval of a conditional use permit for outdoor storage of transportation equipment on the adjacent parcel to the south under the off-site off-street parking and outdoor storage provisions of the City's ordinances. Said parcel is owned by the applicant, D.Oren.B LLC, which is a Dart Transit affiliated company. The proposed improvements for the subject parcel include underground storm sewer, concrete curb and gutter, asphalt paving, fencing and lighting. Coniferous and screening deciduous plantings are proposed along Advantage Lane, and between the Kwik Trip and subject parcels. Due to its location behind Kwik Trip's fuel station and convenience store, the subject parcel has limited visibility from Hwy 149. It is anticipated that construction of the designed parking lot would commence immediately upon approval of the conditional use and issuance of the grading permit. The Dart parcel to the north would be considered the dominant parcel pursuant to the City's code, and the subject parcel would be the servient parcel. The two parcels are contiguous. The dominant parcel consists of 12.32 acres and includes a 20,000 square foot repair facility, 212 equipment parking stalls and 53 auto parking spaces. The subject, or servient parcel, as designed will accommodate 184 equipment stalls. All traffic will flow to and from Lone Oak Road onto the dominate parcel, though our automated security gate, and into the yard. The entire lot (dominate and servient parcels combined) will have an eight foot security fence around the yard. The surrounding zoning to the north, west and south is limited industrial. The zoning to the east and across Hwy 149 consists of general business and neighborhood business. At some distance to the southwest are the beginnings of residential and residential townhouse zones. The surrounding current use is outdoor storage of semi-trailers to the north and south, a maintenance repair facility to the west and Kwik Trip to the east. In the applicant's view, the character and nature of the planned use for the subject property is consistent and compatible with the surrounding area. In addition, the subject parcel is within the area designated by the City a number of years ago as being appropriate for trucking related businesses, The applicant does hereby respectfully request approval of this conditional use application. AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JULY 10, 2007 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT Select Master Developer for Cedar Grove Core Area F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION - To review Hearing Officer's Findings regarding TMI Coatings Relocation Appeal Agenda Information Memo Eagan Economic Development Authority Meeting July 10, 2007 NOTICE OF CONCURRENT ACTIONS 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 ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the June 19, 2007 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the June 19, 2007 EDA meeting on pages MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota June 19, 2007 A meeting of the Eagan Economic Development Authority was held on Tuesday, June 5, 2007 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Tilley, Commissioner Carlson, and Commissioner Bakken. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the minutes of the June 5, 2007 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS RECEIVE HEARING OFFICER'S FINDINGS REGARDING TMI COATINGS RELOCATION APPEAL Community Development Director Hohenstein discussed findings regarding a relocation appeal by TMI Coatings. Commissioner Tilley moved, Commissioner Fields seconded a motion to receive Hearing Officer's Findings regarding TMI Coatings Relocation Appeal. Aye: 5 Nay: 0 NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT RECEIVE REQUEST FOR EXTENSION OF OCCUPANCY AGREEMENTS FOR GRAND SLAM AND LIFESPAN Community Development Director Hohenstein discussed a request for an extension of the occupancy agreements for Grand Slam and Lifespan for their locations at Cedarvale Mall. Commissioner Fields moved, Commissioner Tilley seconded a motion to receive the request for extension of Occupancy Agreements for Grand Slam and LifeSpan. Aye: 5 Nay: 0 79 I i., . OTHER BUSINESS There was no other business. Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 9:30 p.m. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting July 10, 2007 1, CEDAR GROVE REDEVELOPMENT DISTRICT - SELECT MASTER DEVELOPER FOR CEDAR GROVE CORE AREA REDEVELOPMENT ACTION TO BE CONSIDERED: To select either Doran-Pratt or TOLD Development to serve as master developer and partner with the City for the development of the Core Area of the Cedar Grove Redevelopment District. FACTS: ➢ The City of Eagan has undertaken a substantial variety of activities to bring about the redevelopment of the Cedar Grove Redevelopment District including the Cedar/13 Study, implementation of Comprehensive Guide and zoning code amendments, the completion of an Alternative Urban Areawide Review (AUAR), the installation of public improvements, assistance to initial projects and the acquisition of property. ➢ Throughout the process, the City has chosen to partner with private sector developers to perform the development activity and to work with the City to pursue market supportable development in the area ➢ At its workshop meeting of June 12, the City Council interviewed three development teams who had submitted proposals for the redevelopment of the Cedar Grove Core Area. They were Doran-Pratt, Sherman and Associates and TOLD Development. The Council narrowed the field to Doran-Pratt and TOLD and asked that additional questions be forwarded to them for response. ➢ Copies of the proposals, responses to preliminary questions and a comparison matrix were distributed to all Council members in the June 1, 2007 Additional Information memo. Please refer to the prior copies of the proposals and responses to questions. A revised version of the matrix is enclosed here as a summary to assist in the Council review and the additional questions and developer responses are attached. ➢ The intent of the RFP process is not to select the specific development plan. Proposers were asked to keep their concept site plans at the blob or concept level at this time. The intent is to permit the Council to identify a developer with whom they believe they can work closely over a multi-phase redevelopment, a developer who has the experience to implement a project of this scale, a developer who has the financial and development capacity to carry out the project and a developer who has the right chemistry to work with the Council, staff, businesses and community to make the project successful. ATTACHMENTS: ➢ Proposal matrix enclosed without page number. ➢ Additional questions forwarded to the proposers following the EDA/Council interviews on page B 2._- ➢ Proposers' responses on pages 83 through SI r. City of EaRan ma TO: CEDAR GROVE REDEVELOPMENT DISTRICT PROPOSERS FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 15, 2007 SUBJECT: ADDITIONAL INFORMATION FOR CITY COUNCIL CONSIDERATION On behalf of the Council and the community, we appreciate very much your interest in partnering with the City to bring about the redevelopment of the Cedar Grove Redevelopment District. The Council asked that we forward the following questions to you to help them make their selection of the project's master developer on July 10. Please review the questions and provide written responses to me no later than June 29, 2007. • How do you insure sustainability through the design and execution of a project? • New urban or village developments have some elements in common and the City has established design guidelines and finish standards to encourage density, sustainability and durability in the redevelopment. That being said, how do you approach the design of the Cedar Grove project so that it is unique and does not end up looking and feeling like just another new urban development? • How do you achieve the essential features of village design in new and different ways? How flexible is your approach to mixed use projects? • What have you learned from other mixed use projects that you can apply in Cedar Grove to make it better now than it might have been had it moved forward two or more years ago? • How do you achieve timelessness in design and layout to reduce future perceptions that a project is clearly the product of a particular era? • How do you insure sustainability in the long term management and governance of a project? • Discuss further your philosophy and approach regarding project ownership, brokering of elements to be sold and long term maintenance. • Discuss your approach to the governance of mixed use developments and the relationship between master association agreements, sub-agreements and other means of perpetuating amenities and defining responsibilities? Thank you again for your interest in working with us on this exciting project. If you have any questions about the information being requested above, please let me know. We will look forward to receiving your responses and teaming more about your approach to the opportunities ahead. June 29, 2007 Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Jon, Thank you for this opportunity to provide the City Council with additional information about our Cedar Grove Proposal. We hope that our response demonstrates how our combined expertise and shared approach will enable this project to become a vibrant, lasting district for the City of Eagan. We understand and appreciate your desire for a design that will be unique to your City, and we believe that our mission is to create something exceptional through our partnership with you. As we envision it, that partnership would be characterized by an open flow of ideas, creativity, and a strong focus on the end in mind: making Cedar Grove what you want it to be, and what the citizens of Eagan deserve. Kelly and l would also like to take this opportunity to thank and acknowledge the help of other members of the Domn/Pratt team, especially Kathy Anderson, Gary Vogel and Miles Lindberg. We would also like to thank the staff of the City of Eagan for their assistance throughout this process. A /Leonard y, W. Pratt Attachment Cedar Grove Redevelopment District Proposal Doran/Pratt Development Team Response to Jon Hohenstein's request for information on June 15, 2007 June 29, 2007 Sustainability in the near term Knowing that sustainable design decisions must balance economic, environmental and social needs, the Doran/Pratt Development Team (DPT) develops a guideline that expresses the team's strategies for each project on a case-by-case basis to reflect the client and community it serves. In the decision-making process, considerations include the sustainability of the project, ecologically sensitive design solutions as well as full life-cycle costs. The guideline is also a tool to document design decisions. This documentation helps us maintain strategies and to overcome the challenges presented by a rapidly changing field of sustainable products, resources, suppliers and issues. Uniqueness of approach DPT team members possess a broad range of expertise and have designed many innovative projects in both the public and private sectors. Our goal is to promote progressive designs that create environmentally responsible, profitable, and healthy places to live and work. DPT's philosophy is to design within the fabric of the community, using materials and systems that are proven to provide the most value, functionality, flexibility, durability and quality. Before beginning any project, DPT assesses the current conditions and future needs of a development, and we pursue solutions that save operating costs, provide flexibility for future changes and minimize impacts to the environment. We take pride in the skill and creativity we apply in making this happen. A fresh take on village design There is something deeply meaningful about the idea of "village" design It conjures up a sense of connection to place, to family, to community, to nature - a place that provides a location for roots to grow. 1 Designing a village requires a willingness to learn from the past. Take into consideration the great cities of Europe that have sustained commerce and culture for centuries. Or, consider the continued vibrancy of vintage downtown White Bear Lake or the neighborhood of Linden Hills in Minneapolis or even the Grand Avenue neighborhood of St. Paul. We want to evoke a similar feeling in Eagan with Cedar Grove - accomplishing this will require the right look, the right scale, and the right mix of uses. The objective of our proposal for Cedar Grove is to create a uniquely artful, interactive, sustainable project that builds on the energy and diversity of the community and becomes a vital center of the City of Eagan. The housing will offer a truly multi-modal lifestyle in this "center of everything" location with easy access to all the recreational, commercial, and social amenities. The goal of the retail portion is to provide goods and services for local residents and nearby business professionals and to contribute to the experience of the neighborhood. Throughout the project, the streetscape will have a personal scale with a lively, upbeat atmosphere of sidewalk seating, historic street lighting, green pockets, and entries to large-windowed storefronts with articulated facades and cornices. Our vision is to create an arrangement of buildings that engages with the scale of the neighborhood at its edges and street fronts, but also modulates itself through various heights and the creation of open spaces, plazas and courtyards. Through the manipulation of form, scale, patterns, and materials, the architecture will strive to form a seamless contextual relationship with the existing fabric of the community while maintaining its own unique character. Flexibility of approach The core tenet of mixed-use development is flexibility- With every project comes a different set of wants and needs from the community. It is our job to take this input and fashion a project that nurtures the community's vision in the most dynamic way that we know how. If this philosophy is honestly applied, the result will be unique and exceptional. This idea reflects our commitment to an efficiently designed urban environment, but also underscores our team's understanding of the expectations that are critical to the residents and businesses who will soon be neighbors. Recent lessons in mixed-use development 2 i . It has been a couple of years since we teamed up for Silver Lake Village, and we're confident that the approach we took is a formula for success. We have watched the recent developments in mixed-use project design with great interest and we have drawn a couple of conclusions. First, our appreciation for the importance of getting the right mix of uses has only grown with time. Second, we have noticed a sea change of interest in green design Sustainability is becoming an issue of concern for residents and business owners, which gives us a tremendous opportunity. Sustainable design is not only a way to be stewards of our environment and natural resources, it also has a positive quantifiable impact on energy use, operating and life cycle costs. We know an environmentally sensitive building can reduce operating costs and energy consumption and position our clients as leaders in community responsibility. The test of time If our experience, philosophy, and hard work are applied at Cedar Grove, the result should be a design that passes the test of time. This requires striking an appropriate balance traditional and modem design elements. The language of the articulated facades and cornices, varying building heights stepped back from the street edge, and overall style of the residences are evidence that the designs options will be grounded in traditional architectural elements and proportions. Even so, the design will be contemporary in nature to reflect its own place and time, but will use familiar materials similar to those already in use throughout the area, such as stucco, stone, brick, metal and glass. Sustainability in the long term "What is the city but the people?" William Shakespeare, Coriolanus A thriving community is encouraged by the right environment, but it is never sufficient to only consider bricks and mortar. The development process includes practices and tools that enable us to cultivate the community we want to become, such as governing documents, tenant selection, and maintenance. These are the softer aspects of place-making that ensure that establishing and preserving the values of the community will not be left to chance. Project ownership, sales, and leasing 3 As Kelly Doran shared in our presentation to the City Council on June 12, his business philosophy is to own the retail developments he builds whenever possible. This practice of continued involvement encourages a degree of connectedness with place and pride in ownership that would be difficult to achieve any other way. It also speaks to the confidence we have in the long- term viability of our projects. More broadly, though, the real secret to ensuring that a mixed use development is going to thrive at the sales and leasing stage is a mixture of pragmatism and patience. Pragmatism, in that you need to understand market conditions in order to bring in businesses that are popular enough to entice people to spend time at Cedar Grove, and profitable enough to become fixtures of the community. Patience, in that developers with little of it often end up "filling in the blanks" rashly, without adequate consideration for the eventual mix of uses or other community values. Maintenance: Governing documents and defining responsibilities Once the right cast of characters has been assembled, we believe in writing expectations for how the development will be maintained right into the governing documents, and establishing clear expectations between the City and associations within the development From our perspective, master association agreements and sub-agreements are not only the basis for the business relationships that are formed in a development; they are also the appropriate vehicles for writing the values of a community right into the governing documents. These documents are also the prime opportunity to make sure that each party's responsibilities are clearly defined right from the beginning. In this way, we can know with a measure of confidence that the sidewalks will be clean, the flowers will be watered, and the public art will be well-preserved several years from now. 4 TOLD Development Company Cedar Grove - Additional Information June 2% 2007 How do you insure sustainability through the design and execution of a project? How do you approach the design of the Cedar Grove project so that it is unique? One of the requirements of a strong development team is to make use of the team's knowledge and experience, while understanding that each project is unique. The unique attributes of each project include market conditions, product types, natural amenities, location, and the physical characteristics of the site. If selected as the developer, Cedar Grove will not look like any other project that our team has developed, but it will take advantage of the vast knowledge and experience that the team has gained through the, dcvc.iopmexlt or a large, number of mixed-use projects. dla;v do you ac;{iie. ,e vi,lage design in a new and different way? How flexible is your approach to mixed-use design? This project provides us with the opportunity to dexc••lop a n,i,'C-d lis(" l~ic.,je.Est unlike any other developed to date. in Ifto twin c•itiE.s. 'i"hc: Circ of'tho projo(I 1:L31t?i3ilEZtl m: l fl"wai'it°ty ,VIII iowrt, lali~. In addition, our vision of an llrtarirz viil.~~;e ccal;aliuli"i4 th tt witl incll.ido rc,tait,and liousin; is aiso unique to the twin cities, OurviSion o the ii;rbanl viflagc iitt':lEflli;;~ a vjbremw !;,,d component with neigl-ilrorhoExi rc:tail t.conis comb'rtc d wile rr•~ri, F 8-no Jo.V s31c llol.lsiii», 'l ltl, VI 31:1 ~will in( lud(, quality arcl14ceturt,, a variety ofbuilding styli"S ;:i13<t and tin iglic, `;treQ.ind landsrapc i'catures. "rile: design will be pedestrian ~liiendly whit- eml)racinjt tho nc-c•d firm c•r y vcbicult i ingress and egress. to the, sit(., as well as oonvcriiciti pari,inp,. As st;AW(l d0l'ill.)Ui.IC l:)r=,skentation, ttte onty thins, that we know for sure about flow cllis proiec.,t bwiii c w.f up looking upon coinpic,tion is that it will be different than out c arre;nt. vision, '1f1c: final projo,"I `vili l>c. sll;~trc.cl t~~ 401VIE••5 such as market demand IEIr aM j7rwitiot t)'pcS, illi r1tiC•t tiinInp,, arl ih( f( c:,L•ibiiity of individual iisc's ,well ahi tho ovc,rafi project, 1,lcxibility is a major key to the StWCt,ss Of kl inixOd us J)r0j1cTt Such as Cedar Grove. What have,yan laartiedfCf.m ftiher mi.Y:x`d ta.w W {ljee(&- (rd(d..tile cOn CFold t+ i'tl Cedar Grove that rnighi mofie it be~ier fhatt if ITTit_iff fifive hcr-w had it moved forward two or more .years ago? (1C/ Over twenty years of experience in the development of all product types envisioned in our plan - retail, office, for-sale housing, rental housing and hotel - will be applied to make Cedar Grove an exceptional development. This is an important factor for the City Council to consider. There is no other developer in the twin cities that has developed all of the product types that the city has identified for the Cedar Grove area. We understand product types because we are actively involved with the development, ownership and management of all product types. We will break ground next week on a 110,000 square foot Class-A office building in Eden Prairie. We will break ground later this summer on the final phase of retail space at Wedgwood Commerce Centre in Maple Grove. Ironically enough we will complete the final phase of Excelsior & Grand on July 9th, one day before you select a developer for Cedar Grove. Once you understand, and are committed to developing every product type in the development, the challenge remains of how to combine uses in a manner that they can complement each other. Our team is uniquely qualified to accomplish this goal. How do you achieve timelessness in design and layout to reduce future perceptions that a project is clearly the product of a particular era? Timeliness in design will be achieved at Cedar Grove through a conscious effort by the development team to achieve a timeless design and also due to the wide variety of uses, building heights, and massing at Cedar Grove. Our goal will be to design buildings with varied architectural design attributes. Haw do you insure sustainability in the long term management and governance of a project? Discuss further your philosophy and approach regarding project ownership, brokering of elements to be sold and long term maintenance TOLD and K. Hovnanian have the ability to develop all product types anticipated in the Cedar Grove project. The property types where ownership could be maintained are the retail, ofi'1"iec, hotel and rental housing. TOLD has developed and continues to own a large lx)rtfolio of properties in all segments. We have the financial strength and lending rolationships to Ckwc,lop and own long-term all buildings to be devek►p(A. 't'hat twing. said wo bave also developed 1)rojec;ts where we are; the master developer and retain ownership much of tfw; project, but we sell or ground lease portions of the development. qD I i' We would most likely hire a broker to list the retail and office space for lease. We do not anticipate selling land to be developed by other parties so there would not be a broker to sell land. The various phases of Cedar Grove will be managed by TOLD or a third-party property management company. We believe in maintaining our properties to the highest standards. This is evident when you visit any of our properties. Discuss your approach to the governance of mixed use developments With the development of a project as large a Cedar Grove we would establish a private association that will be responsible for the oversight of shared areas that require maintenance and oversight. The cost associated with the maintenance of these shared areas will be charged to the benefited parcels on a pro rata allocation. Responsibility for the maintenance of the rest of the areas within the project will fall on the individual properties and will be monitored and enforced by the association though the establishment of Covenants, Conditions and Restrictions (CCR's) for the entire area. gl Agenda Information Memo Eagan Economic Development Authority Meeting July 10, 2007 F. OTHER BUSINESS G. 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