12/03/2007 - City Council Regular
AGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
December 3, 2007
6:30 P.M.
1. ROLL CALL & PLEDGE OF ALLEGIANCE
P 11. ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess)
111. RECOGNITIONS & PRESENTATIONS
A. Recognition of Tom Struve, Superintendent of Streets, Equipment and Central Services, and Tom Streefland, Chief
Mechanic / Shop Supervisor, for awards received by the Minnesota Chapter of the American Public Works
Association
IV. CONSENT AGENDA
r. A. APPROVE MINUTES
J? 8 B. PERSONNEL ITEMS
P q C. APPROVE CHECK REGISTERS
P. 10 D. ACCEPT Resignation of Maggie Jensen from the Eagan Airport Relations Commission
P 12, E. APPROVE Renewals of Existing Liquor Licenses for 2008
e l.$ F. APPROVE Renewals of Existing Tobacco Licenses for 2008
17 G. APPROVE Renewals of Existing Trash Hauler Licenses for 2008
P /g H. APPROVE Renewals of Existing Tree Contractor Licenses for 2008
19 11 I. APPROVE Renewals of Existing Pet Shop Licenses for 2008
,Pop J. APPROVE Renewals of Existing Kennel Licenses for 2008
Pad K. APPROVE Renewal of Existing Pigeon Harboring License for 2008
L. Item removed
~PQ M. APPROVE Application for Exempt Permit for Faithful Shepherd Catholic School to Conduct a Raffle
Pay N. APPROVE Agreement with Dakota County for Final Design and Right-of-Way Acquisition, Project 719 (Diffley
p Road / Rahn Road)
1(26 O. APPROVE Change Order No. 2 for Contract 07-04, Boulder Lakes Street & Utility Improvements
Pale P. APPROVE Change Order No. 2 for Contract 06-05, Galaxie/Blackhawk/Cliff Intersection Improvements
Pa' Q. APPROVE Grant Application in Partnership with the Caponi Art Park Board to the Metropolitan Regional Arts
Council for a Community Intersections Arts Grant.
P~O R. DIRECT Staff to Prepare an Amendment to Chapter 11 to Update the Sign Ordinance relative to Table A, Off-
premise Signs
S. APPROVE Extension of Recording the Final Subdivision for Red Pine Crossing
P 3) T. APPROVE Change Order No. 1 for Contract 07-05, Re-roofing (South Water Treatment Plant)
V. PUBLIC HEARINGS
P. 13'1 A. PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2008 - TRUTH IN TAXATION HEARING
VI. OLD BUSINESS
DVII. NEW BUSINESS
if • J4 A. REZONING, PRELIMINARY PLANNED DEVELOPMENT, FINAL PLAT - Eagan Youth Housing - A
Rezoning of .85 acres from Cedar Grove District to Planned Development, A Preliminary Planned Development of
.85 acres for a 3 story, 25 unit youth housing development, a Final Plat of .85 acres located at 1997 and 1999 Gold
Trail on Lot 6, Block 1, Langhoven & Lot 1, Block 1, Marell's I" Addition in the NW '/4 of Section 20.
?3 B. CONDITIONAL USE PERMIT - City of Eagan - A Conditional Use Permit to allow one municipal pylon sign
located at 3830 Pilot Knob Road and 1360 Civic Center Drive on Lots 1 & 3, Ted Wachter Addition in the NW '/4
of Section 22.
401 C. ORDINANCE AMENDMENT - City of Eagan - An Ordinance Amendment to Chapters 5, 6 and 11, specifically
as it relates to unifying and clarifying spacing requirements between certain land uses.
P D. ORDINANCE AMENDMENT - City of Eagan - An Ordinance Amendment to Chapter 6.35, Subdivision 3 of the
Eagan City Code to require background investigations for pull-tab operation applications.
E. ORDINANCE AMENDMENT - City of Eagan - An Ordinance Amendment to Chapter 6.34, Subdivision 13 of
g(p the Eagan City Code to require background investigations for tobacco license applications.
VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
J V A. Charter Commission Update
IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items to consider at this time)
A. Call to Order
B. Adopt Agenda
C. Approve Minutes
D. Old Business
E. New Business
F. Other Business
G. Adjourn
X. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS
XI. VISITORS TO BE HEARD (for those persons not on agenda)
XII. CLOSED SESSION
XIII. ADJOURNMENT
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and
employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or
status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96
hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.
City of Eapn ms
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 16, 2007
SUBJECT: AGENDA INFORMATION FOR NOVEMBER 20, 2007 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the December 3, 2007 City Council agenda, the following items are in
order for consideration.
I
Agenda Memo
December 3, 2007
RECOGNITIONS AND PRESENTATIONS
A. Recognition of Tom Struve, Superintendent of Streets, Equipment and Central
Services, and Tom Streefland, Chief Mechanic / Shop Supervisor, for awards
received by the Minnesota Chapter of the American Public Works Association
At its annual meeting and conference on November 14, the Minnesota Chapter of the American
Public Works Association (MPWA) recently recognized two Public Works employees as best in
the State for their accomplishments:
• TOM STRUVE, Superintendent of Streets, Equipment and Central Services
received the Hugo G. Erickson Award for his outstanding service to the Chapter and the
Public Works profession in general.
• TOM STREEFLAND, Chief Mechanic/Shop Supervisor received the Supervisor of
the Year Award for his exemplary service and accomplishments as a front-line
supervisor. (Note: Tom's outstanding efforts in maintaining our snow removal equipment
and keeping it on the road during two back-to-back significant snowfall events (12" on
Feb. 24 and 15" on Feb 28, 2007 was also recognized by the Council on March 6 last
spring.)
The MPWA's Vice President-elect (and Eagan resident, Dan Gage) would like to acknowledge
each of these individuals with their well deserved awards at the Dec. 3 Council meeting.
a
Agenda Information Memo
December 3, 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 November 20, 2007 regular City Council meeting as presented or
modified.
ATTACHMENTS:
• T M' utes of the November 20, 2007 regular City Council meeting are enclosed on pages
through !Z-.
J
MINUTES OF A REGULAR MEETING OF THE ®RqFr
EAGAN CITY COUNCIL
Eagan, Minnesota
November 20, 2007
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire,
Councilmembers Fields, Carlson, Tilley and Bakken. There were no visitors who wished to be heard.
A regular meeting of the Eagan City Council was held on Tuesday, November 20, 2007 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. Also present
were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike
Ridley, Public Works Director Tom Colbert; City Attorney Mike Dougherty, and Administrative Secretary / Deputy
Clerk Mira Pepper.
AGENDA
City Administrator Hedges noted there would be a Closed Session to discuss labor negotiations.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
Mayor Maguire noted the opening of the Cyber Cafe at the Community Center and also "Chillin Out" a community
event promoting wellness.
CONSENT AGENDA
City Administrator Hedges noted a change on item S.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda as
amended. Aye: 5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the November 5, 2007 regular City Council
meeting, as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Karin Engen as a Police Officer
2. It was recommended to approve the transfer of Nicky Cook from Code Enforcement Tech to Police
Officer
3. It was recommended to approve the transfer of Kerry Phillips from a part-time Manager-on-Duty (no
benefits) to a permanent part-time Recreation Program Supervisor in charge of Community Events and
Youth Programming at the Community Center.
4. It was recommended to approve an IT Department reorganization pan including the following
elements:
• Authorized an IT Supervisor Position
• Reclassification of the IT Coordinator position to IT Manager
C. Check Registers. It was recommended to ratify the check registers dated November 8 and November 15,
2007 as presented.
D. Schedule meeting. It was recommended to schedule the first meeting in 2008 as January 3.
E. Liquor Licenses. It was recommended to approve the renewals of existing liquor licenses for 2008.
F. Funding Plan. It was recommended to approve a fire apparatus funding plan.
G. Assessment Deferment. It was recommended to approve an application for a senior citizen deferment of
special assessments for parcel 10-00888-30-04.
H. Grant. It was recommended to approve a resolution accepting a $2,200 Grant from Factory Mutual
Insurance Company for the Fire Department.
1. Space Needs Assessment. It was recommended to authorize the Fire Department to enter into an agreement
with CNH Architects to conduct a space needs assessment for a potential replacement fire station.
Eagan City Council Meeting Minutes R ~
November 20, 2007
Page 2
J. Release of Agreement. It was recommended to approve release of a Park Dedication Agreement for the
subdivision known as Galaxie Cliff Plaza Third Addition, and authorize the mayor and City Clerk to sign
the same.
K. Removed
L. Project 953. It was recommended to receive the Draft Feasibility Report for Project 953, Cedar Grove No.
1 & 2 (Street & Utility Improvements) and schedule a public hearing to be held on December 18, 2007.
M. Project 954. It was recommended to receive the Draft Feasibility Report for Project 954, Glory Drive /
Cedar Ridge Circle (Street Improvements) and schedule a public hearing to be held on December 18, 2007.
N. Project 955. It was recommended to receive the Draft Feasibility Report for Project 955, Safari Estates
(Street Improvements) and schedule a public hearing to be held on December 18, 2007.
0. Project 956. It was recommended to receive the Draft Feasibility Report for Project 956, Briar Hill Is'/ 2na
/4 1h Additions (Street Improvements) and schedule a public hearing to be held on December 18, 2007.
P. Project 957. It was recommended to receive the Draft Feasibility Report for Project 957, Blackhawk Oaks
Addition (Street Improvements) and schedule a public hearing to be held on December 18, 2007.
Q. Project 958. It was recommended to receive the Draft Feasibility Report for Project 958, Towerview Road
(Street Improvements) and schedule a public hearing of be held on December 18, 2007.
R. Project 959. It was recommended to receive the Draft Feasibility Report for Project 959, Eden Addition
(Street Improvements) and schedule a public hearing to be held on December 18, 2007.
S. Contract 07-04. It was recommended to approve Change Order No. 1 for Contract 07-04 (Boulder Lakes -
Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents.
T. Contract 06-01. It was recommended to approve Change Order Number 5 and Work Order Numbers 39-40
for Contract 06-01, TH 149 Reconstruction.
U. Release of Agreements. It was recommended to: A. Approve Release of Postponed Water Assessment
Area Assessment; B. Approve Release of Park Dedication Agreement; C. Approve Estoppel Certificate for
AUAR Mitigated Traffic Improvements; and D. Approve Planned Unit Development Estoppel Certificate
V. Release of Contract. It was recommended to approve the release of a Development Contract between the
City of Eagan and Wings Financial Federal Credit Union for Wings Addition.
PUBLIC HEARINGS
There were no public hearings.
OLD BUSINESS
PRELIMINARY SUBDIVISION (DG WELDING FIRST ADDITION)
City Administrator Hedges discussed this item regarding a Preliminary Subdivision to create two lots upon
approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive which was continued from the October
16 and the November 5 Council meetings. He noted that the item had been continued to allow staff and the
applicant time to discuss a public access easement. The applicant is requesting the application be continued
indefinitely pending negotiations with the City.
Councilmember Fields moved, Councilmember Tilley seconded a motion to continue indefinitely the consideration
of a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245
Terminal Drive. Aye: 5 Nay: 0
NEW BUSINESS
PRELIMINARY SUBDIVISION (CLEARVIEW 4TH ADDITION) -
RICHARD, ANGELA AND MARTIN DE WITT
City Administrator Hedges introduced this item regarding a Preliminary Subdivision of .72 acres to create two single
family lots for property located at 1820 Beecher Drive. City Planner Ridley gave a staff report.
5
Eagan City Council Meeting Minutes ~R
November 20, 2007
Page 3
Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision of
.72 acres to create two single family lots for property located at 1820 Beecher Drive in the SE 1/4 of Section 29,
subject to the following conditions: Aye: 5 Nay: 0
1. The property shall be platted.
2. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the
time of Final Subdivision.
3. A cash dedication in lieu of on-site water quality ponding should be required for this development.
4. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot
2, Block 1.
PRELIMINARY SUBDIVISION (WATERS ANNEX 2ND ADDITION)
PLANNED DEVELOPMENT AMENDMENT AND VARIANCES - CSM CORPORATION
City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create three lots and one
outlot upon approximately 42.5 acres, a Planned Development Amendment to amend the preliminary site plan for
Waters Annex, and Variances to wetland buffer requirements of the City's new Wetland Protection and Management
Regulations, on property located east of Lone Oak Drive and Lone Oak Parkway. City Planner Ridley gave a staff
report.
Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision
(Waters Annex 2°d Addition to create three lots and one outlot upon approximately 42.5 acres located east of Lone
Oak Drive and Lone Oak Parkway, legally described as Lot 1, Block 1 and Outlots A, B, and C, Waters Annex, in
the SW '/4 of Section 1, 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: A 1, B 1, and B4
2. The property shall be platted.
3. A final Landscape Plan will be required for each lot at the time of Final PD or building permit. The Final
Landscape Plan should comply with the City's landscape ordinance, and utilize similar materials and design
elements as have been established with the initial construction on Lot 1.
4. The developer shall be responsible for an easement vacation, prior to an applicable building permit on Lot
1.
5. The developer shall provide a reciprocal ingress/egress easement in a form acceptable to the City Attorney.
6. This development shall be subject to Wetland Protection and Management Regulations (City Code 11.67).
7. The developer shall provide a conservation easement in a form acceptable to the City Attorney over all
wetland and wetland buffer areas.
8. The Variances from Wetland Buffer requirements totaling six minor occurrences must be approved
separately by the City Council, with more than the minimum required wetland buffer area included in the
required conservation easement to mitigate for the variances.
9. This proposal shall be subject to a cash parks dedication, payable at the time of building permit at the rates
then in effect.
10. This proposal shall be subject to a cash trails dedication, payable at the time of building permit at the rates
then in effect.
Councilmember Carlson moved, Councilmember Fields seconded a motion to amend the Preliminary Site Plan for
Waters Annnex upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway, legally
described as Lot 1, Block 1 and Outlots A, B and C, Waters Annex, in the SW 1/4 of Section 1, subject to the
following conditions: Aye: 5 Nay: 0
1. The developer shall provide a conservation easement area over 50% more wetland buffer area than is
minimally required (201,834 square feet versus 103,376 square feet).
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Variances to the Wetland
Buffer requirements of the City's new Wetland Protection and Management Regulations (City Code § 11.67) adopted
in July 2007, subject to the following conditions. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
November 20, 2007 F~
Page 4
1. The property shall be platted.
2. A Final Landscape Plan shall be required for each lot at the time of Final Planned Development or building
permit.
3. This development shall be subject to the City's ordinance standards for screening of mechanical equipment.
The effectiveness of proposed screening will need to be demonstrated at the time of Final Planned
Development.
4. This PD Amendment is intended to supplement and amend the existing Preliminary Planned Development
pertaining to this site.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items.
The regular City Council meeting was recessed at 6:50 p.m. to immediately convene a meeting of the Economic
Development Authority.
The regular City Council meeting was reconvened at 6:55 p.m.
ADMINISTRATIVE AGENDA
1. 2008 Landfill Abatement Application.
City Administrator Hedges discussed the 2008 Funding Application from Dakota County to operate a recycling
program for the cities of Eagan, Apple Valley and Burnsville.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the submission of the 2008
Funding Application from Dakota County to operate a Recycling Program for the cities of Eagan, Apple Valley and
Burnsville. Aye: 5 Nay:0
VISITORS TO BE HEARD
Ted Wachter, former Councilmember, expressed is appreciation to the community for the overwhelming support in
voting against the proposed Charter.
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:00 p.m. to a
Closed Session to discuss labor negotiations.
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.
7
Agenda Information Memo
December 3, 2007 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Life, Accidental Death and Dismemberment and Long Term Disability
Insurance Vendor--
ACTION TO BE CONSIDERED:
To approve the selection of a Life, Accidental Death and Dismemberment and Long
Term Disability insurance vendor to be named.
Agenda Information Memo
December 3, 2007 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated November 22, 2007 and November 29, 2007 as presented.
ATTACHMENTS:
• Check registers dated November 22, 2007 and November 29, 2007 are enclosed without
page number.
Agenda Information Memo
December 3, 2007 City Council Meeting
D. ACCEPT RESIGNATION OF MAGGIE JENSEN FROM THE
EAGAN AIRPORT RELATIONS COMMISSION
ACTION TO BE CONSIDERED:
To accept the resignation of Maggie Jensen from the Eagan Airport Relations
Commission (ARC).
FACTS:
• Maggie Jensen has submitted her letter of resignation from the ARC.
• Ms. Jensen has served on the ARC since May of 2007, and served on numerous
commissioners in the past.
• Ms. Jensen expressed her thanks to the City for the opportunity to serve.
• A letter of thanks will be sent to Ms. Jensen for her ongoing service to the City.
ATTACHMENTS:
• Enclosed on page ~ is a letter of resignation from Maggie Jensen.
l~
November 15, 2007
Dianne Miller
Assistant to the City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan MN 55122
Dear Dianne:
Please forward this letter of resignation from the Airport Relations Commission to the city council, along
with my thanks for allowing me to serve.
Best regards,
Maggie en en
1579 Mallard Drive
Eagan MN 55122
l1
Agenda Information Memo
December 3, 2007, Eagan City Council Meeting
E. APPROVE RENEWALS OF EXISTING LIQUOR LICENSES FOR 2008
ACTION TO BE CONSIDERED:
To approve the renewals of existing liquor licenses for 2008.
FACTS:
➢ Information on renewals will be distributed to the Council at Monday's Council
meeting.
ATTACHMENTS (0):
l~
Agenda Memo
December 3, 2007
CONSENT AGENDA:
F. Renewal of Tobacco Licenses for 2008
ACTION TO BE CONSIDERED:
Approve 2008 renewal of tobacco licenses for the businesses listed on the attached page.
FACTS:
• The applicants listed on the attached page have applied for renewal of their tobacco
licenses for 2008.
• Due to the new smoking restrictions, some of the area restaurants have decided not to
renew their licenses to sell tobacco products.
• It is anticipated that several more renewals, which have yet to be submitted, will be on
the December 18 Council meeting agenda for consideration.
• All requirements of the above listed applications have been met and staff sees no reason
to deny.
ATTACHMENTS:
• The list of applicants are attached as page
• The applications are available for review in the Administration Department.
1 3
2008 TOBACCO LICENSES
Location Applicant
Amber Liquor Eduard Fisher
4250 Lexington Ave. S. same
Eagan, MN 55123
Big Discount Liquor Theng Ku
3900 Cedar Grove Parkway same
Eagan, MN 55122
Blackhawk Liquor Jasbir Brar (purchased 3/07)
4130 Blackhawk Rd. same
Eagan, MN 55122
Cedar Cliff BP Robert Schlangen
4600 Slater Road same
Eagan, MN 55122
Cedar Grove Liquor Patrick Madigan
1967 Silver Bell Road same
Eagan, MN 55122
Cedarvale Bowl, Inc. Brent Prentice
3883 Cedar Grove Pkwy same
Eagan, MN 55122
CVS Pharmacy CVS Pharmacy #6715
4241 Johnny Cake Ridge Road Licensing Dept., One CVS Drive
Eagan, MN 55122 Woonsocket, RI 02895
Cedar Diffley BP Jacque Johnson
4205 Nicols Road same
Eagan, MN 55122
Eagan EZ Stop Crown CoCo., Inc.
4195 Nicols Road 1717 Broadway St. NE
Eagan, MN 55122 Minneapolis, MN 55413
Eagan BP, Inc. same
1424 Yankee Doodle Rd.
Eagan, MN 55121
Hidalgo Market Alfonso Dothe-Baxcajay
4130 Blackhawk Rd., Ste. 108 same
Eagan, MN 55122
Holiday Stationstore #68 Holiday Stationstores, Inc.
1065 Diffley Rd. 4567 American Blvd. W.
Eagan, MN 55123 Bloomington, MN 55437
Holiday Stationstore #232 same as above
4595 Nicols Rd.
Eagan, MN 55122
Holiday Stationstore #247 same as above
3615 Pilot Knob Rd.
Eagan, MN 55122
Holiday Stationstore #318 same as above
3044 Holiday Lane
Eagan, MN 55121
Holiday Stationstore same as above
1650 Diffley Road
Eagan, MN 55122
Jake's City Grille Eagan Jakes, Inc.
1288 Promenade Place 3131 Fenbrook Lane N.
Eagan, MN 55121 Plymouth, MN 55447
Kwik Trip #662 Donald Zietlow
3145 Dodd Road 2802 Bergamot Place
Eagan, MN 55122 Onalaska, WI
MGM Liquor Warehouse K&J Liquors, LLC
4182 Pilot Knob Road same
Eagan, MN 55122
Mt Liquory of Eagan Melina P. To
1629 Lena Court # 105 same
Eagan, MN 55122
New Mart Charles Jacobs
1969 Silver Bell Road Same
Eagan, MN 55122
PDQ Store #214 Mike Arnold
4198 Pilot Knob Road P.O. Box 620997
Eagan, MN 55123 Middleton, WI 53562
Pro Stop Service Centers, Inc. Same
850 Lone Oak Road
Eagan, MN 55121
Rainbow Foods #8815 RBF, LLC of Wisconsin
1276 Town Centre Drive P.O. Box 473, MS-2650
Eagan, MN 55123 Milwaukee, WI 53201
Sam's Club #4738 Sam's West, Inc.
3035 Denmark Avenue 702 SW 8t" St.
Eagan, MN 55121 Bentonville, AR 72716-0500
Sixty 1 Stop Shana Yang
3575 Pilot Knob Road same
Eagan, MN 55121
SuperAmerica #4335 Speedway SuperAmerica LLC
1379 Town Center Dr. P.O. Box 1580 License Dept.
Eagan, MN 55123 Springfield, OH 45501
SuperAmerica #4464 Same as above
2250 Cliff Road
Eagan, MN 55122
SuperAmerica #4182 Same as above
1406 Yankee Doodle Rd.
Eagan, MN 55121
SuperAmerica #4049 Same as above
4200 E. Highway 13
Burnsville, MN 55337
T.L. Liquors Phuong La Nguyen
1565 Cliff Road same
Eagan, MN 55122
Tobacco Warehouse Eric Svensson
2149 Cliff Road same
Eagan, MN 55122
Walgreen's #5081 Walgreen Co.
4220 Lexington Ave. P.O. Box 901
Eagan, MN 55123 Deerfield, IL 60015
Walgreen's #2766 Same as above
2010 Cliff Rd.
Eagan, MN 55122
Walgreen's #1773 Same as above
1278 Town Center Dr.
Eagan, MN 55123
Wal-Mart Supercenter #1786 Wal-Mart Stores, Inc.
1360 Town Center Drive 702 SW 8' St.
Eagan, MN 55123 Bentonville, AR 72716-0500
Yocum's Holiday #3831 Timothy Yocum
1579 Cliff Road 2719 Stillwater Road
Eagan, MN 55122 Maplewood, MN 55119
1l~
Agenda Memo
December 3, 2007
CONSENT AGENDA:
G. Renewal of Trash Hauler Licenses for 2008
ACTION TO BE CONSIDERED:
Approve the 2008 renewal of trash hauler licenses for the following:
• Allied (BFI)
• Capital Waste Systems
• Dick's Sanitation Service
• JME of Monticello
• Keith Krupenny & Son Disposal Service
• LePage & Sons
• Lightning Disposal
• Nitti Sanitation
• Randy's Sanitation
• Total Sanitation
• Triangle Rubbish & Recycling
• Veolia Environmental Service
• Waste Management
FACTS:
• The above applicants have applied for renewal of their trash hauler licenses for 2008.
• Currently there are 26 licensed haulers in Eagan, a combination of residential, multiple
dwelling/commercial, and construction/demo haulers.
• It is expected that the remainder of the haulers will apply for license renewal within the
next few days and those applications will be placed on the December 18 Council agenda.
• All requirements of the above listed applications have been met and staff sees no reason
to deny
ATTACHMENTS:
• None. The applications are available for review in the Administration Department.
17
Agenda Memo
December 3, 2007
CONSENT AGENDA:
H. Renewal of Tree Contractor Licenses for 2008
ACTION TO BE CONSIDERED:
Approve the 2008 renewal of tree contractor licenses for the following:
• Lawrence Tree Removal
• MC Tree Service
• The Davey Tree Expert Company
• A Top Notch Service
• Miller Tree Service
• Huston's Tree Service
• United Tree Service
FACTS:
• The above applicants have applied for renewal of their tree contractor licenses for 2008
• All requirements of the application have been met and staff sees no reason to deny
ATTACHMENTS:
• None. The applications are available for review in the Administration Department.
Agenda Memo
December 3, 2007
CONSENT AGENDA:
1. Renewal of Pet Shop licenses for 2008
ACTION TO BE CONSIDERED:
Approve the 2008 renewal of pet shop licenses for the following:
• Wal-Mart Store #1786, 1360 Town Centre Drive
• Petsmart #469, 1295 Promenade Place, Suite 2A
• Wet World, 3390 Coachman Road
FACTS:
• The above applicants have applied for renewal of their pet shop licenses for 2008
• The Animal Control Officer has inspected each of the premises and all regulations are
being met
• Staff has reviewed the applications and sees no reason to deny
ATTACHMENTS:
• None. The applications are available for review in the Administration Department.
Agenda Memo
December 3, 2007
CONSENT AGENDA:
J. Renewal of Kennel Licenses for 2008
ACTION TO BE CONSIDERED:
Approve the 2008 renewal of kennel licenses for the following:
• Lesley Tscherne, 3812 Blackhawk Ridge Place
• Peanut's Place, 1248 Town Centre
• Four Paw's Pet Resort, 4020 Old Sibley Memorial Highway
• Angel's Pet Santuary, 4940 Dodd Road
FACTS:
• The above applicants have applied for renewal of their kennel licenses for 2008
• The Animal Control Officer has inspected each of the premises and all regulations are
being met
• Staff has reviewed the applications and sees no reason to deny
ATTACHMENTS:
• None. The applications are available for review in the Administration Department.
oC~
Agenda Memo
December 3, 2007
CONSENT AGENDA:
K. Renewal of license to harbor pigeons for 2008
ACTION TO BE CONSIDERED:
Approve the 2008 renewal of a license to harbor carrier, homing, racing pigeons for Eric
Drenckhahn, 2811 Pilot Knob Road.
FACTS:
• Erick Drenckhahn has applied for the renewal of his license to harbor pigeons on his
property at 2811 Pilot Knob Road.
• The Animal Control Officer has inspected the premises and Mr. Drenckhahn is in
compliance with all regulations.
• Staff sees no reason to deny the renewal of this license.
ATTACHMENTS:
• None. The application is available for review in the Administration Department.
~.J
Agenda Memo
December 3, 2007
CONSENT AGENDA:
M. Application for Exempt Permit - Faithful Shepherd Catholic School
ACTION TO BE CONSIDERED:
Adopt a Resolution approving an application for Exempt Permit for Faithful Shepherd
Catholic School to conduct a raffle at 3355 Columbia Drive on January 26, 2008.
FACTS:
• Faithful Shepherd Catholic School has applied for an Exempt Permit with the Minnesota
Gambling Board to conduct a raffle at 3355 Columbia Drive on January 26, 2008.
• The Gambling Board requires approval from the City prior to their issuance of the permit.
• This is an annual gala held at the school.
• All requirements of the application have been met and staff sees no reason to deny.
ATTACHMENTS:
• The proposed resolution is attached as page
• The application is available for review in the Administration Department.
~a
RESOLUTION
CITY OF EAGAN
APPLICATION FOR EXEMPTION FROM
LAWFUL GAMBLING LICENSE
FAITHFUL SHEPHERD CATHOLIC SCHOOL
WHEREAS, the Faithful Shepherd Catholic School has applied for an Exemption
from Lawful Gambling License; 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 Exemption from Lawful Gambling
License for the Faithful Shepherd Catholic School to conduct a raffle on January 26,
2008 at 3355 Columbia Drive in Eagan.
CITY OF EAGAN
CITY COUNCIL
By:
It's Mayor
Attest:
It's Clerk
Motion by:
Seconded by:
Those in Favor: All
Those Against: None
Date: December 3, 2007
CERTIFICATION
I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City
Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof
assembled this 3rd day of December, 2007.
Maria Petersen, City Clerk
Agenda Information Memo
December 3, 2007 Eagan City Council Meeting
N. PROJECT 719, DIFFLEY ROAD/RAHN ROAD
& DIFFLEY ROAD/BLACKHAWK ROAD- FINAL ENGINEERING AND
RIGHT OF WAY ACQUISITION AGREEMENT
ACTION TO BE CONSIDERED: Approve an Agreement for Final Engineering and
Right of Way Acquisition for Project 719 (Diffley Road/Rahn Road and Diffley
RoadBlackhawk Road-Intersection Improvements and Trail Construction) with the
Dakota County Transportation Department and authorize the Mayor and Deputy City
Clerk to execute all related documents.
FACTS:
• The Dakota County Transportation Department completed a traffic study considering
improvements at the intersection of Diffley Road (County State Aid Highway 30) and
Rahn Road in accordance with the 5-Year Capital Improvement Programs (2006 -
2010) for the City of Eagan and Dakota County.
• On February 13, 2006, the City Council received an update of the study. The study
evaluated options for improving this intersection that included both traffic control
options reviewed in the past and less conventional design options, i.e. roundabout, to
determine the best operation in consideration of minimizing impacts to area residents.
The Council directed the improvement of the intersection with a roundabout to be
scheduled in the 5-Year Capital Improvement Program (2007-2011).
• Also included in both agencies 5-Year Capital Improvement Program (2007-2011)
are improvements (northbound right turn lane construction) at the intersection of
Blackhawk Road and Diffley Road (CSAH 30) as well as the construction of a
bituminous trail on the north side of Diffley Road (CSAH 30) from Rahn Road to
Blackhawk Road. These improvements have been merged into Project 719 to achieve
an economy of scale benefit in design, right of way acquisition and construction
costs.
• An agreement between the City of Eagan and the Dakota County Transportation
Department has been prepared providing for each agency's cost responsibility for the
final engineering and right of way acquisition.
• As set forth in the agreement, the City's financial responsibility for the final
engineering costs will be based on the City's share of the final roundabout, trail and
Blackhawk Road/Diffley Road (CSAH 30) traffic signal construction costs. The City
will be fully responsible for all engineering costs associated with the northbound right
turn lane construction at Blackhawk Road/Diffley Road (CSAH 30).
• The City's will be responsible for 45% of the right of way acquisition for the
roundabout and trail construction. The City will be 100% responsible for the right of
way acquisition costs associated with the the construction of the northbound right turn
lane at Blackhawk Road/Diffley Road (CSAH 30).
• City staff have reviewed this agreement and found it to be similar to other previous
construction project agreements and in order for favorable Council action.
a~
Agenda Information Memo
December 3, 2007 Eagan City Council Meeting
0. CONTRACT 07-04, BOULDER LAKES
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 2 for Contract 07-04
(Boulder Lakes - Street and Utility Improvements) and authorize the Mayor and City
Clerk to execute all related documents.
FACTS:
• Contract 07-04 provides for the public street & utility improvements to serve the
Boulder Lakes Business Park development and the trunk water main improvements
along Lone Oak Road (City Project No. 952).
• The change order provides for the following:
o Temporary traffic control signage for Ames Crossing Road. The signs will
provide direction for the construction related traffic generated by the Boulder
Lakes business campus development. The signs are needed to designate the use
of Ames Crossing Road for construction traffic only throughout the winter
months. City forces will not be plowing the roadway, therefore the road will be
closed to the general public for safety reasons. This portion of the change order
provides for an additional cost of $1,050.00.
• The cost of the additional work is consistent with bid prices for relevant bid items on
other projects within the city or metro area.
• The change order has been reviewed by the Engineering Division and found to be in
order for favorable Council action.
• The change order provides for an additional cost of $1,050.00 (0.07%0 of original
contract). The cost of the additional work under the change order will be the
responsibility of the Boulder Lakes developer through special assessments levied
after the conclusion of the construction.
a~-
Agenda Information Memo
December 3, 2007 Eagan City Council Meeting
P. CONTRACT 06-05, BLACKHAWK ROAD/GALAXIE AVENUE &
CLIFF ROAD - INTERSECTION IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 06-05
(Blackhawk Road/Galaxie Avenue & Cliff Road - Intersection Improvements) and
authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• Contract 06-05 provides for improvements to the intersection of Blackhawk Road/
Galaxie Avenue and Cliff Road (County State Aid Highway 32). Specifically, this
contract includes the construction of dedicated right turn lanes for northbound and
southbound vehicles as well as revisions to the traffic signal system in an effort to
improve the safety and operation of the intersection.
• Change Order #2 provides for additional temporary traffic control to reduce impacts
on the traveling public during construction of the improvements. The increased costs
associated with this addition will be financed by the Major Street Fund. (ADD
$5,595.00).
• Change Order #2 also provides for the installation of two (2) additional loop detectors
for the traffic signal system. The additional loops are necessary to accommodate the
protective/permissive operation of the traffic signal which will result in more efficient
travel through the intersection. The increased costs associated with this addition will
be financed by the Major Street Fund (ADD $2,561.90).
• The costs associated with this Change Order have been reviewed by MnDOT and
determined to be consistent with bid prices received for relevant bid items on other
projects within the metropolitan area.
• The Change Order has been reviewed by the Engineering Division and found to be in
order for favorable Council action.
ALP
Agenda Memo
December 3, 2007 City Council Meeting
Q. AUTHORIZE application of a grant from the Metropolitan Regional Arts Council for a
collaborative arts event with Caponi Art Park, City of Eagan Parks & Recreation and
area businesses.
ACTION TO BE CONSIDERED:
Authorize the collaboration with Caponi Art Park, who will be submitting the grant.
FACTS:
• Metropolitan Regional Arts Council is offering Creative Intersections grants for up to
$8,000 for "projects to help communities develop initiative that integrate arts and culture
into plans for community development and enhance the role of arts and culture as a
component of community vitality." The grant requires the collaboration of a private non-
profit organization, public/government, and businesses.
• The planned project includes a weekend of arts events tentatively scheduled for August
23 & 24, 2008. The Saturday event will be at Caponi Art Park and will include hands-on
activities in the park and a series of entertainment at the amphitheatre. The Sunday event
will take place at the Eagan Art House and will include interactive art activities, artist
demonstrations, a Raku pottery firing and refreshments. The event will also kick off the
Harvest of Art Community Art Exhibit, previously held in October. The exhibit will
open at the Eagan Art House with a temporary exhibit over the weekend. The exhibit
will then travel to 2 to 4 local businesses to be on display throughout the month of
September.
• The project will also include a need assessment component in which we will try to
improve and align art offerings in Eagan. Questionnaires will be completed by
community members attending various art events and classes provided by the Eagan Art
House and Caponi Art Park throughout the summer of 2008. The questionnaires will be
designed to gather information about the types of art programming residents want and
will also give baseline information about the participant's current knowledge of arts
programming already existing in the community. This information will be collected and
analyzed to inform and guide future arts programming.
• Grants are awarded with a dollar to dollar match, with 50% in cash. Since this is a
collaborative grant, budget expenditures for Caponi Art Park and the Eagan Art House
are combined. The Eagan Art House budget for the event will be approximately $3,000
with $1,600 currently budgeted for 2008. The remaining $1,400 would be funded from
the grant and earned income.
• The grant submission deadline is December 3.
ISSUES:
• None
A7
Agenda Information Memo
December 3, 2007 Eagan City Council Meeting
R. ORDINANCE AMENDMENT - CITY OF EAGAN
ACTION TO BE CONSIDERED:
To direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it
relates to the Sign Ordinance and the list of permitted off-premise signs.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The City Sign Ordinance includes a table that depicts the size and location of all
previously approved off-premise (billboard) signs. This table is updated periodically
as billboard signs are modified, relocated or removed.
➢ This proposed update will reflect the removal of a billboard that was located on the
portion of the Mulcahy property recently acquired by the City in the Cedar Grove
Redevelopment Area.
➢ As an amendment to Chapter 11, a Public Hearing before the APC will be necessary
before this item returns to the City Council.
ATTACHMENTS: None
a~
Agenda Information Memo
December 3, 2007, Eagan City Council Meeting
S. EXTENSION FOR RECORDING FINAL PLAT - REVESTORS
COMPANIES (RED PINE CROSSING)
ACTION TO BE CONSIDERED:
To approve a 90-day extension of time to record the final plat for Red Pine Crossing, located
south of Red Pine Lane and east of Hwy. 3 in the SE '/4 of Section 36.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present
FACTS:
➢ The City Council approved the final plat on October 17, 2006, and four extensions of
time to record the final plat have been approved. The most recent extension expires
December 12, 2007.
➢ The applicant requested another extension of the final plat approval. The current
requested 90-day extension would allow until March 12, 2007 for the plat to be recorded.
The plat has not been recorded, pending receipt of the financial guarantee. The applicant
has previously indicated they expect to begin construction within the next few months
and after their loan closing, they will then provide the letter of credit required by the City
prior to recording of the plat.
ATTACHMENTS (1):
Letter from Tim Anderson, Revestors Companies, page
November 29, 2007
Pam Dudziak
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Red Pine Crossing - Final Subdivision
Dear Pam,
With regard to Red Pine Crossing, we are requesting a 90-day extension for the final plat
to be recorded at Dakota County. Enclosed is a check for the $75.00 extension fee.
Please let me know if you have any questions.
Best regards,
Tim Anderson
Cc: Quinn Hutson, CNH Architects
30
Agenda Information Memo
December 3, 2007 Eagan City Council Meeting
T. CONTRACT 07-05, ROOF REPAIRS (SOUTH WATER TREATMENT
PLANT
ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 07-05
(Roof Repairs) and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• The City Council authorized the Operations and Facilities portion of the 2007-2011
Capital Improvement Program (CIP) and 2007 operating budget. As part of this CIP
and operating budget, the existing roofs at the South Water Treatment Plant and Fire
Station #5 were programmed to be replaced this year. On Sept. 18, formal bids were
received and the contract awarded to the low bidder, John Dalsin & Sons, Inc for
$145,209.
• During the removal of the roof ballast and membrane at the South Water Treatment
Plant, it was discovered that the underlying supporting insulation was saturated had
been compromised by years of numerous leaks in the existing roofing system to the
extent that it has to be totally removed and replaced. While a limited amount of spot
repair/replacement (R&R) was anticipated in the original bid documents, a total
replacement was not. This foundation insulation must be replaced before the roof
system replacement can continue.
• The Public Works staff, City Attorney's office and the City's consultant have
negotiated a reasonable and acceptable change order to have this expanded scope of
unforeseen work completed as a change order to the existing contract. (ADD:
$74,535.81). It also will require the work to be delayed till next spring due to winter
weather suspension. This extra cost, along with the original contract amount will be
financed through the City's Utility Renewal & Replacement fund.
J'
Agenda Information Memo
December 3, 2007 Eagan City Council Meeting
PUBLIC HEARINGS
A. Proposed Budget and Property Tax Levy for 2008 - Truth-In-Taxation Hearing
ACTIONS TO BE CONSIDERED:
1) To close the public hearing and set the 2008 General levy and General Fund budget
considerations for the December 18 City Council meeting.
2) To close the public hearing and set the 2008 Cedarvale Special Services District
(SSD) levy and budget considerations for the December 18 City Council meeting.
FACTS:
• Generally, the State requires cities over 2,500 in population to hold a Truth-in-Taxation
public hearing on their proposed budget and tax levy for next year.
• Parcel specific notices were mailed by the County to Eagan residents in mid-November.
All Cedarvale SSD property owners also received a mailed notice of the proposed SSD
levy and budget.
• A notice of this hearing was published in the Eagan ThisWeek newspaper on November
24 inviting property owners to attend this hearing and/or send written comments.
• Hearings for both the general levy and the Cedarvale SSD levy are to be conducted.
• If the City Council wishes to conduct a continuation hearing, such a hearing would be
held December 10.
• The City's final levy and budget will be adopted at the December 18 regular City Council
meeting.
• The City Administrator will make a PowerPoint presentation.
ATTACHMENTS:
• Enclosed without page number is a 2008 General Fund Budget and Property Tax Levy
handout that will be made available to all in attendance at the public hearing.
• Enclosed on page is copy of the memo that went out with the notice sent to
property owners in the Cedarv ale SSD.
Oa
lplp~ City of Eapn mono
To: CEDARVALE SPECIAL SERVICE DISTRICT MEMBERS
From: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR
Date: NOVEMBER 7, 2007
Subject: PUBLIC HEARING NOTICE-2008 SPECIAL SERVICE DISTRICT BUDGET
This memo is to inform you of a public hearing on Monday, December 3, 2007 regarding the Proposed
2007 Budget for the Cedarvale Special Service District. The hearing will take place at 6:30 p.m. during
the City Council Meeting in the City Council Chambers at 3830 Pilot Knob Road.
The City is recommending a 2008 service charge of $3,000 be imposed, which is the same as the 2007
service charge amount, and budgeted expenditures of $6,300 as compared to $9,439 in 2006. The
proposed budget will continue to cover maintenance and insurance for the Cedarvale area sign, as well
as additional mowing, fertilizing, and weed control of the public property. The budgeted expenditures are
an estimate of the annual cost of operating and maintaining the improvements. Below is a summary of
historical budgets and the 2008 budget for the Special Service District.
2005 2006 2007 .2008
Actual Actual Budget Budget
Fund Balance, Beginning of Year $8,748 $6,181 $3,295 $995
Revenues:
Special Services District Taxes $2,003 $3,023 $3,000 $3,000
Interest on Investments $157 $263 $300 $300
Total Revenues $2,159 $3,286 $3,300 $3,300
Expenditures:
Professional Services-Auditing $500 $500 $500 $500
Mowing $3,461 $5,095 $3,500 $2,500
Fertilizer and Weed Control $0 $0 $1,400 $1,000
Sign Maintenance $766 $577 $200 $0
Total Expenditures $4,727 $6172 5,600 $4,000
Excess of Revenue over Expenditures $2,568 $2,886 $2,300 $700
Fund Balance, End of Year $6,181 $3,295 $995 $295
All interested persons will have an opportunity to be heard at the hearing regarding this proposed service
charge. The petition requirements of section 428A.08 of the Minnesota Statutes do not apply to the
proposed service charge since this proposal is a subsequent and not the initial proposal for imposition of
the service charge.
For more information call Jon Hohenstein, Community Development Director at (651) 675-5653.
'J~
Agenda Information Memo
December 3, 2007, Eagan City Council Meeting
VII. NEW BUSINESS
A. REZONING, PRELIMINARY PLANNED DEVELOPMENT AND FINAL
PLAT - DAKOTA COUNTY CDA (EAGAN YOUTH HOUSING)
ACTIONS TO BE CONSIDERED:
To approve (OR direct preparation of findings of fact for denial for) a Rezoning from CGD,
Cedar Grove District, to PD, Planned Development, for approximately 0.78 acres located on the
NE corner of Cedar Grove Parkway and Gold Trail in the NE 1/4 of Section 19.
To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned
Development for a 3-story 25-unit supportive youth housing apartment upon approximately 0.78
acres located on the NE corner of Cedar Grove Parkway and Gold Trail in the NE 1/4 of Section
19, subject to the conditions listed in the APC minutes, as modified below.
To approve (OR direct preparation of findings of fact for denial for) a Final Plat of
approximately 0.78 acres located on the NE corner of Cedar Grove Parkway and Gold Trail in
the NE 1/4 of Section 19.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present.
FACTS:
➢ The site consists of two parcels. The westerly parcel is vacant and the easterly parcel
contains a duplex. The property will be replatted into a single parcel and the duplex
removed.
➢ The applicant is proposing a Preliminary Planned Development to construct a 3-story
apartment building to provide affordable supportive youth housing.
➢ A total of 25 units are proposed 24 efficiency apartments and 1 one-bedroom
manager's unit.
➢ The building also includes common and programmatic spaces such as kitchen, lounge,
computer room, exercise room, conference room and office space.
➢ The L-shaped building will be located on the southwest corner of the site with surface
parking to the east. Underground parking is also provided.
➢ A detailed analysis of the proposal relative to the specific provisions of the CGD district
is contained in the staff report.
➢ Generally, building architecture and design appear consistent with the CGD standards
and intent of the CGD ordinance. The proposal is short on parking (29 stalls), and this
deviation is explained in the narrative.
➢ Some minor modifications to the landscape plan and additional information regarding
provisions for meeting the water quality standards (adopted July 2007) will be required
for the Final PD.
➢ Cash parks and trails dedications apply to this development, and will be payable at the
time of building permit.
➢ The APC held a public hearing on November 27, 2007, and recommended approval of
the Rezoning and Preliminary PD.
60 DAY AGENCY ACTION DEADLINE: December 30, 2007
ISSUES:
➢ On-site recreation space of 5,000 s.f. is satisfied (staff report stating 10,000 s.f. was in
error). As a result, condition #8 can be eliminated.
➢ Conditions 12 & 13 should be modified as shown below:
12. The pfoposed tfail along Gold Trail shall be a minitntiffi of 8 feet ;'vide A 6' concrete
sidewalk shall be provided along Gold Trail, with an 8-foot boulevard between the trail
and the curb.
13. Public right-of-way shall be dedicated along both Gold Trail and Cedar Grove
Parkway along a line adjacent to and Meet 15 feet from the north curb line of Gold
Trail and the west curb line of Cedar Grove Parkway, to provide for the public
maintenance of the trails and sidewalks along those streets.
ATTACHMENTS (2):
November 28, 2007 APC Minutes, pages through3p
Staff Report, page Lthrough
APC Minutes
November 27, 2007
Page 2 of 8
IV. PUBLIC HEARINGS
A. Eagan Youth Housing
Applicant Name:Dakota County CDA
Location: 1997 & 1999 Gold Trail; Lot 6, Block 1, Langhoven & Lot 1, Block 1, Marell's 1 st
Addition
Application: Rezoning
A Rezoning of .85 acres from Cedar Grove District (CGD) to Planned Development (PD).
File Number: 20-RZ-05-10-07
Application: Preliminary Planned Development
A Preliminary Planned Development of .85 acres 25 unit youth housing development.
File Number: 20-PD-02-10-07
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated November 21, 2007. She notedthe background and history.
Andrea Brennan, Dakota County CDA, discussed a study done to address special housing
needs in Dakota County which identified a need for young- adult housing. She discussed and
further explained the benefits of the proposed project. She indicated that while the CDA would
own and development the project, they would contract with The Link to be the service provider.
Erin Wickston, The Link, discussed the programs available to and residents served along with
the resources provided to the youth allowed to live in the facility
Chair Hansen opened the public hearing.
Carolyn Sampson, Castle Rock Township resident, shared a personal story to illustrate the
need for youth housing in Dakota County.
Doris Dahline, neighboring property owner, expressed concern for the distance between the
proposed facility and the adjacent senior housing complex to the north.
There being no further public comment, Chair Hansen closed the public hearing and turned the
discussion back to the Commission.
City Planner Ridley illustrated the 51 foot distance between the proposed building and the north
property line.
The project architect, Kim Bretheim, clarified the distances between the proposed building and
the existing Keystone senior building to the north.
Chair Hansen asked for clarification on the site parking and provisions for visitor parking.
Andrea Brennan discussed the needed parking ratio. She stated the proposed parking plan will
be adequate for the operation of the facility including residents, staff and visitors.
There was discussion on the curfews of residents at other facilities where Ms. Wickston clarified
APC Minutes
November 27, 2007
Page 3 of 8
that residents are not restricted from entering or leaving the property at a given time; however,
there will be designated hours for common space and guests. She further explained the
rigorous application and screening process for potential residents and that the front desk of the
facility will be staffed 24 hours a day/seven days a week.
In response to a question about direct ground floor entry, project architect, Kim Bretheim
explained that the majority of the lower level is common area and access is intentionally
restricted for security. Mr. Bretheim explained that doorways could be added in the future at
certain locations on the ground floor where windows are currently proposed, if the property were
to convert to a different type of housing use in the future.
Member Keeley moved, Member Heaney seconded a motion to recommend approval of a
Rezoning from CGD, Cedar Grove District, to PD, Planned Development, upon approximately
0.78 acres located at 1997 and 1999 Gold Trail in the NW '/4 of Section 20.
A vote was taken. All voted in favor. Motion carried: 7-0.
Member Keeley moved, Member Heaney seconded a motion to recommend approval of a
Preliminary Planned Development to allow construction of a new 25-unit 3-story apartment
building for persons age 18-24 upon approximately 0.78 acres located at 1997 and 1999 Gold
Trail in the NW '/4 of Section 20 subject tothe following conditions:
1. The property shall be platted.
2. Setbacks shall be as depicted on the approved Site Plan.
3. With the application for Final Planned Development, the architect shall verify that the
primary materials (brick and glass) comprise at least 60% of the building fagade and that the
fiber cement siding does not exceed 30% of the building fagade.
4. The developer shall provide the colors for the exterior materials to the City to be
incorporated into the final plans for the Final Planned Development.
5. Consistent interior window treatments shall be provided for windows that are visible from a
public street or open space.
6. Trash storage shall be inside the principal building.
7. Parking shall be provided as depicted on the approved Site Plan.
8. The combination of outdoor and indoor recreation space on the subject site and the core
area common open space shall adequately address the recreation space requirement.
9. The Landscape Plan shall be modified to utilize a different species of shrub with a mature
height of approximately 3 feet for screening of the parking lot from Gold Trail.
10. A lighting plan for the interior parking area that complies with the photometric standards in
the CGD ordinance shall be submitted with the application for Final Planned Development.
11. All mechanical equipment shall be completely screened from the ground-level view of
adjacent properties and public streets, or designed to be compatible with the architectural
treatment of the principal building. Compliance with this provision shall be demonstrated
with the application for Final Planned Development.
12. The proposed trail along Gold Trail shall be a minimum of 8 feet wide with an 8-foot
boulevard between the trail and the curb.
13. Public right-of-way shall be dedicated along both Gold Trail and Cedar Grove Parkway
along a line adjacent to and 17 feet from the north curb line of Gold Trail and the west curb
line of Cedar Grove Parkway, to provide for the public maintenance of the trails along those
streets.
37
APC Minutes
November 27, 2007
Page 4of8
14. This development shall dedicate drainage and utility easements where necessary to
accommodate existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as determined
necessary by engineering standards.
15. All public trails, drainage systems, and utilities necessary to provide service to this
development shall be designed and certified by a registered professional engineer in
accordance with City adopted codes, engineering standards, guidelines, and policies prior to
application for final plat approval.
16. This development shall be subject to Policies 3.1, 3.2, 3.3 and 3.4 of the City of Eagan's
Water Quality and Wetland Management Plan.
17. The applicant shall protect the preserved tree's critical root zones through the placement of
required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene
laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical
Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site.
18. The applicant shall schedule a site meeting with the City of Eagan Supervisor of Forestry to
finalize plans for transplanting trees to Woodhaven Park.
19. The applicant shall contact the City Forestry Division and set up a pre-construction site
inspection at least five days prior to the issuance of the grading permit to ensure compliance
with the approved Tree Preservation Plan and placement of the Tree Protection Fencing.
20. This proposal shall be subject to a cash_ parks dedication with credit towards the unit count
being given for the three residential units removed from the properties. Park dedication
shall be payable at the time of building permit at the rates then in effect.
21. This development shall be subject to a cash trails dedication, payable at the time of building
permit at the rates then in effect.
City Attorney Bob Bauer explained that an amendment to the Planned Unit Development would
be required to change the use of the property and at that time, the Advisory Planning
Commission could require the ground level unit entrances.
A vote was taken. All voted in favor. Motion carried: 7-0.
3~
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: November 21, 2007 CASE: 20-RZ-05-10-07; 20-PD-02-10-07
APPLICANT: Dakota County CDA HEARING DATE: November 27, 2007
PROPERTY OWNER: City of Eagan/ APPLICATION DATE: October 31, 2007
Dakota County CDA
REQUEST: Rezoning; Prelim. PD PREPARED BY: Pamela Dudziak
LOCATION: 1997 and 1999 Gold Trail
COMPREHENSIVE PLAN: SA, Special Area
ZONING: CGD, Cedar Grove District
SUMMARY OF REQUEST
Dakota County CDA is requesting approval of a Rezoning from CGD, Cedar Grove District, to
PD, Planned Development, and a Preliminary Planned Development to allow construction of a
new 25-unit 3-story apartment building for persons age 18-24 upon approximately 0.78 acres
located at 1997 and 1999 Gold Trail.
AUTHORITY FOR REVIEW
Rezoning:
City Code Chapter 11, Section 11.50, Subd. 5 states in part,
1. The provisions of this chapter may be amended by the majority vote of the council,
except that amendments changing the regulations of any district may only be made by an
affirmative vote of two-thirds of all members of the council.
2. The City Council shall not rezone any land or area in any zoning district or make any
other proposed amendment to the zoning ordinance without first having referred it to the
planning commission for its consideration and recommendation.
Preliminary Planned Development:
City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning
district as follows:
3q
Planning Report - Eagan Youth Housing
November 27, 2007
Page 2
1. Providing greater flexibility in environmental design and relaxation of strict application
of the zoning ordinance in exchange for greater creativity and environmental sensitivity.
2. Recognizing the economic and cultural advantages that will accrue to the residents of a
planned community.
3. Encouraging a more creative and efficient approach to the use of the land.
4. Encouraging the preservation and enhancement of desirable site characteristics, natural
features, and open space.
5. Encouraging a development pattern that is consistent with land use density, transportation
facilities and community facilities objectives of the Comprehensive Plan.
BACKGROUNWHISTORY
In 1998, the City initiated the Cedarvale Area Redevelopment Study to evaluate the area's
potential to create a viable mixed use area that would utilize the area's innate advantages
(highway visibility and accessibility) while maintaining compatible land use relationships with
surrounding uses. Following the Study in October 2001, the City formally created the Cedar
Grove Redevelopment Tax Increment Financing (TIF) District, which includes this site. The TIF
was certified by Dakota County in December of 2002.
Since then, the City has undertaken physical improvements to realign the Silver Bell Road
intersection with Cedar Grove Parkway (formerly Beau d'Rue Drive) and Hwy. 13, as well as
install gateway landscaping and streetscaping in the area.
The City's Comprehensive Guide Plan was amended in 2003 with the approval of a small area
plan for Special Area #5 (Cedar Grove) in May 2003. The Cedar Grove District zoning
ordinance was adopted in December 2002, and in June of 2003, the City Council approved a
rezoning of approximately 96 acres within the Cedar Grove redevelopment area from various
zoning districts to CGD, Cedar Grove District.
EXISTING CONDITIONS
The site consists of two parcels, one owned by the CDA and the other by the City. On August 9,
2007, the City Council and Economic Development Authority gave direction for the CDA to
proceed with the development applications for youth housing on this site. In addition, the City
Council authorized the City attorney to negotiate a letter of intent for the sale of the City's parcel
to the CDA, contingent upon approval of the development application for the project.
The westerly parcel is vacant, and the easterly parcel contains an existing duplex, which will be
removed from the site. There are several individual significant trees on the site.
Planning Report - Eagan Youth Housing
November 27, 2007
Page 3
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use Designation
North Keystone Communities CGD, Cedar Grove District SA, Special Area
(senior housing); Single-
family
South Park; Single-family P, Park; CGD, Cedar Grove P, Parks and Recreation
District Open Space; SA, Special
Area
East Residential - Duplex CGD, Cedar Grove District SA, Special Area
West Cedar Grove Parkway; CGD, Cedar Grove District SA, Special Area
Vacant
EVALUATION OF REQUEST
Description of Proposal - Dakota County CDA is proposing to construct a three-story 25-unit
supportive youth housing facility on the northeast corner of Gold Trail and Cedar Grove
Parkway. The proposed building has 24 efficiency apartment units and one one-bedroom
residential manager unit. In addition, the building includes common and programmatic spaces
such as kitchen, lounge, computer room, exercise room, conference room and office space. The
project would create "affordable housing opportunities for young adults," incorporating
"supportive services to help residents attain self-sufficiency goals and become more productive
and contributing members of the community." A more detailed description of the need for this
type of housing, the population served, occupancy requirements, and the on-site support services
that will be provided is in the attached project narrative provided by the CDA.
Zoning - The property is currently zoned CGD, Cedar Grove District. While the applicant is
proposing a Rezoning to PD, Planned Development, the CGD standards will be the basis for
evaluation of the proposed Planned Development. Multi-family residential dwellings of more
than four units are a conditional use in the CGD zoning district. Approval of the use through the
Planned Development zoning is in lieu of a separate Conditional Use Permit.
Compatibility with Surrounding - The proposed use is consistent with the Cedar Grove
redevelopment plans to establish mixed use commercial and residential developments at higher
densities.
The applicant believes the youth supportive housing will be both needed and funded for the
useful life of the project, however, since this is a specialized use, the applicant has included some
comments in the narrative about re-use or conversion of this building to another use. "The
building could be retrofitted to combine the 24 efficient units into 13 one-bedroom units to create
I_/ I
Planning Report - Eagan Youth Housing
November 27, 2007
Page 4
a total of 14 units of workforce housing. Alternately, the existing building with the efficiency
units could be converted to an affordable assisted living development for seniors."
Density - The proposed 25-unit building on 0.85 acres results in a density of 29.4 units per acre.
The allowable or preferred density is not specifically defined in the CGD. "The goal is to
provide maximum flexibility in attracting a mix of residential uses consistent with the long-term
goals of the Cedar Grove District."
Lots - The applicant has submitted an application for replatting the site into a single parcel,
dedicating the required public right-of-way for Gold Trail and Cedar Grove Parkway. Of the
existing 0.85 acres, the proposed lot size is 0.78 acres, with 0.07 acres dedicated for right-of-way.
Site Plan - The L-shaped building is located on the southwest corner of the site, creating a
building presence near the street as intended in the CGD zoning. Surface parking is provided on
the east side of the site, with access to the underground garage on the north side of the building.
A gazebo is proposed along the walkway in the central court area between the building and the
parking lot. There is an existing trail along Cedar Grove Parkway adjacent to the property. A
bituminous trail is proposed along Gold Trail providing pedestrian access between the site and
Cedar Grove Parkway.
Conforming Plan - The conforming plan is intended to show a development that conforms to
standard zoning, in this case, the CGD zoning district. The conforming plan shows an L-shaped
building consisting of 15 dwelling units, as compared to the proposed 25 units. The smaller
number of units reduces parking requirements, which can be fully satisfied between underground
and surface parking in the conforming plan.
The build-to line along Gold Trail is met, but due to the shape of the lot and width of easements,
the building exceeds the build-to line along Cedar Grove Parkway. The proposed development
differs from the conforming plan with deviations from strict build-to standards, parking
standards, architectural standards, and site lighting standards. The proposed development
appears to provide a more aesthetic and efficient building and site design than the conforming
plan.
Setbacks - Front and corner lots must meet a build-to line of 0-10 feet. Interior side yards
require 0' building setback. And the required rear yard setback is a minimum of 20'. For
accessory structures (the gazebo), 20' front and corner setbacks apply with a minimum 5' rear
yard setback and 0' interior side yard setback. The gazebo satisfies these standards.
The principal building exceeds the 10' maximum setback in both front yards - the building is
proposed to be set back a minimum of 12' from Gold Trail, with some sections of the building
set back further. On the west side along Cedar Grove Parkway, the building is proposed to be set
back 15'6" at its closest point. Other areas of the building are set back further. These proposed
setbacks are deviations from the CGD requirements. The building must be located outside of the
drainage and utility easements, which are 13' wide along the west side of the lot and 10' wide
4 c--~
Planning Report - Eagan Youth Housing
November 27, 2007
Page 5
along the south side. In order to accommodate required architectural variations in the building's
fagade and landscaping along the street sides of the building without interfering with the drainage
and utility easements, the building exceeds the maximum 10' build-to-line.
The CGD zoning requires 85% of the street frontage of any lot to be occupied by building
facades meeting the build-to line. It has been established that the building does not meet the
build-to line in the front yards. Approximately 62% of the Cedar Grove Parkway frontage is
occupied by building, and 67% along Gold Trail; 25% is occupied by surface parking. The Gold
Trail frontage is odd-shaped with a cul-de-sac curve along one end of the property. The straight
portion of Gold Trail does meet the 85% standard. Also, the building is set back sufficient
distance from the north property line in order to accommodate the drive entrance to the
underground parking, thereby reducing the percentage of building frontage on the west side.
Building Height - Minimum building height is 24 feet, maximum building height in the CGD is
50 feet. The proposed building is three stories in height, 42 feet at the highest roof peak, and
about 35 feet to the mean roof height. The site is elevated approximately 3-5 feet above the
surrounding streets, which will make the perceived height appear slightly taller than the actual
height of the structure.
Building Architecture - The CGD zoning district requires the following design standards for
buildings exceeding 50 feet in length:
a. The fagade shall be divided architecturally by means of significantly different materials or
textures, or
b. Horizontal offsets of at least four feet in depth, or
c. Vertical offsets in the roof line of at least four feet, or
d. Fenestration at the first floor level that is recessed horizontally at least one foot into the
fagade.
Additionally, first floor dwelling units must have an individual private entrance at street level,
and must meet ADA and other applicable access requirements.
The building facades are offset with recessed and projecting wall segments to provide visual
relief. The first floor level includes canopies that project from the building and are supported by
pillars. These canopies provide added visual interest at the ground level. The roof line also
includes variations with gables and cornices.
Building Elevations - The CGD ordinance establishes specific building and architectural
provisions for the CGD zoning district. Primary materials may consist of brick, stone or glass
and must cover at least 60% of the building fagade. Secondary materials may be decorative
block or integrally colored stucco and may cover up to 30% of the building fagade. Accent
materials may include door and window frames, lintels, cornices and other minor elements
covering no more than 10% of the building fagade.
y3
Planning Report - Eagan Youth Housing
November 27, 2007
Page 6
All buildings shall include the following:
a. Accent materials shall be provided and all sides of a building shall be treated as a front
side;
b. [not applicable]
c. Complimentary major material colors;
d. A combination of vertical and horizontal pattern designs in the building fagade.
The primary exterior finish materials are brick and glass. Brick is used on the lower two levels,
and fiber cement siding on the upper level. Asphalt shingles are proposed on the pitched roof.
All of the building elevations make use of these same finish materials.
The CGD zoning does not specifically classify fiber cement siding as a primary or secondary
material. In this building design, it is utilized as a secondary material, and only on the upper
floor. Fiber cement siding is durable, and brings a more residential appearance to the building.
The architect should verify that the primary materials (brick and glass) comprise at least 60% of
the building fagade and that the fiber cement siding does not exceed 30% of the building fagade.
The developer did not provide a color palette of the exterior materials. The CGD district requires
complimentary colors of major materials. The developer should provide the colors for the
exterior materials to the City to be incorporated into the final plans for the Final Planned
Development.
Additional standards - The CGD district establishes the following additional standards which
apply to this development:
• All mechanical equipment shall be completed screened from the ground-level view of
adjacent properties and public streets, or designed to be compatible with the architectural
treatment of the principal building.
• Consistent interior window treatments are required for windows that are visible from a
public street or open space.
Trash Storage - Trash storage will be inside the lower garage level of the building.
Parking - The CGD zoning permits a maximum of 15% of any street frontage to be occupied by
off-street parking. With the proposed development, 25% of the Gold Trail frontage is occupied
by the proposed off-street parking lot.
Surface parking lots are to be screened "with a decorative wall, railing, hedge or combination of
these elements," to a minimum of 2.5' and maximum of 3.5' above the parking lot at the build-to
line. Parking is proposed to be screened with landscaping. A solid row of Tom Thumb
Cotoneaster is proposed, with hosta and daylilies around the edges of the shrub planting bed.
Staff suggests that a different species of shrub be utilized in this location, one that has a mature
height of approximately 3 feet, because the Tom Thumb Cotoneaster achieves a height of only
12".
4q
Planning Report - Eagan Youth Housing
November 27, 2007
Page 7
For multi-family dwellings, City Code requires two parking stalls per residential unit - one
enclosed or underground and one surface stall. For the proposed 25-unit building, that would be
a total of 50 parking stalls. This proposal provides 10 underground stalls and 19 surface stalls for
a total of 29 on-site parking stalls. Two additional on-street parking stalls are also available.
This is less than the required 50 stalls. The applicant's narrative provides a detailed parking
analysis supporting the reduced number of parking stalls. This deviation can be accommodated
through the Planned Development zoning.
Recreation Space - The City Code requires that all multiple family buildings provide a minimum
recreation area equal to 200 sq. ft. per unit, which translates to 10,000 sq. ft. for this 25-unit
building. The applicant's narrative indicates that the proposal meets the requirement with
passive outdoor recreation space, and common indoor recreation spaces. Outside, approximately
5,156 sq. ft. of space is provided which includes a gazebo and sitting areas. Indoors, the
common spaces include "a community room with a kitchen, an exercise room, lounges with
windows and seating adjacent to the laundry rooms and an outdoor porch." The square footage
of the indoor space to confirm a total of 10,000 sq. ft. was not specified, however, the proposed
recreation space and features, if acceptable to City officials, can be accommodated through the
PD zoning. Additionally, the core redevelopment area will include public park/activity space
that will be in proximity and available to residents of the subject site.
Landscaping - The proposed Landscape Plan shows solid landscaping along the east side of the
parking lot, providing screening from the neighboring residence. The selected evergreen trees
are a variety that will achieve a mature height of 12-16' and width of 6'. The courtyard area is
landscaped with ornamental trees (Prairiefire Crab), and planting beds of both shrubs and
perennials are provided around the gazebo and on all sides of the building. As mentioned in the
Parking section of this report, a different species of shrub that achieves a mature height of
approximately 3 feet should be utilized to screen the parking lot from Gold Trail.
The CGD ordinance requires that one overstory (shade) tree be provided for every 500 square
feet of landscaped area on the site. The applicant provided these calculations on the Landscape
Plan. For all green space on the site, 32 trees would be required. However, placement of large-
growth landscaping is restricted by the perimeter easements, which are wider than typical on the
west and north sides of the site. Reducing the green space by the area of easements results in a
total of 18 overstory trees required.
The proposed Landscape Plan shows a total of 31 trees, 6 overstory trees, 13 evergreen trees,
and 11 ornamental trees. The evergreens are not "overstory trees", however, they are similarly
classified as a Category B tree (6' conifer or 2.5" deciduous), while the ornamental trees are
smaller (1.5" deciduous) and classified as Category C. With this one exception, the other
landscape standards specified in the CGD ordinance are satisfied.
Site Lighting - The City Code requires that site lighting be provided as is necessary for security,
safety and traffic circulation and that all lighting be indirect and diffused or shielded. Lighting
shall not be directed upon public rights of way or adjacent properties and the source of light must
qs--"
Planning Report - Eagan Youth Housing
November 27, 2007
Page 8
not visible from off the property. In addition, the CGD ordinance specifies that no light source
may be more than 20 feet above the ground, except by CUP for buildings more than 24 feet in
height.
The Site Lighting Plan appears to be acceptable and satisfies the lighting standards in the CGD
zoning district. Parking lot lighting is provided by 150-watt high pressure sodium fixtures pole-
mounted at a height of 20'. The average light level within the parking lot is 2.4 footcandles, with
a minimum level not less than 0.5 footcandles. Lower level fixtures are provided in the
courtyard area along the walkway between the parking lot and the building, adjacent to the
underground parking driveway, and between the building and the streets. These fixtures are 100-
watt high pressure sodium, mounted at a 12' height.
The photometrics show light levels of up to 1.0 footcandle at the property lines adjacent to public
streets, and not more than 0.5 at the property lines adjacent to other properties. While the CGD
standards specify not less than 0.5 footcandles at the property lines, those areas along the public
streets contain trails and the spillover light of up to 1.0 footcandle is not anticipated to be
problematic, and may enhance security and safety for pedestrian traffic.
The CGD district specifies lighting standards of an average of 2.0 footcandles for interior parking
areas, with minimum levels of 0.5 footcandles. A lighting plan for the interior parking area was
not provided with this submittal, but will be required for the Final Planned Development.
Mechanical Equipment - The CGD zoning requires that all mechanical equipment be completely
screened from the ground-level view of adjacent properties and public streets, or designed to be
compatible with the architectural treatment of the principal building.
Gradin Topography - The lot was graded with previous development and is open.
Storm Drainage - A storm drainage pipe stub was constructed with previous development to
provide service to this lot. The on-site storm water management system and features for this
development should comply with City's current Water Quality and Wetlands Management Plan
(2007) volume control requirements.
Utilities - Existing sanitary sewer and water main of sufficient size, depth, and capacity are
available from Gold Trail for connection by this development.
Streets/ Access/ Circulation - Public street access is proposed at one driveway location onto
Gold Trail.
Pedestrian circulation in the area is provided by an existing bituminous trail along Cedar Grove
Parkway, and a new bituminous trail proposed by the developer along Gold Trail. The trail along
Gold Trail should be a minimum of 8 feet wide with an 8-foot boulevard between the trail and
the curb.
4te
Planning Report - Eagan Youth Housing
November 27, 2007
Page 9
Right-of-Way/ Easements/ Permits - Public right-of-way should be dedicated along both Gold
Trail and Cedar Grove Parkway along a line adjacent to and 17 feet from the north curb line of
Gold Trail and the west curb line of Cedar Grove Parkway, to provide for the public maintenance
of the trails along those streets.
This development should dedicate drainage and utility easements where necessary to
accommodate existing or proposed utilities for drainage ways within the plat. The development
should dedicate easements of sufficient width and location as determined necessary by
engineering standards.
All public trails, drainage systems, and utilities necessary to provide service to this development
should be designed and certified by a registered professional engineer in accordance with City
adopted codes, engineering standards, guidelines, and policies prior to application for final plat
approval.
Wetlands/Water Quality - There are no jurisdictional wetlands on the site. This proposed facility
should be subject to the following policies of the City's Water Quality and Wetland Management
Plan:
Policy 3.1 - Require new development activity creating more than 0.5 acre of new
impervious surface to achieve no-net increase of Total Phosphorus (TP) and Total
Suspended Solids (TSS) loading or to meet removal performance criteria of 50% TP and
80% TSS, whichever is more restrictive.
This policy protects the quality of downstream resources and complies with
nondegradation requirements of the National Pollutant Discharge Elimination System
(NPDES) Municipal Separate Storm Sewer System (MS4) permit.
Policy 3.2 - Require redevelopment activities to achieve no-net-increase of TP
and TSS loading.
This policy protects the quality of downstream resources and complies with
nondegradation requirements of the NPDES MS4 permit.
Policy 3.3 - Require infiltration of the first one-half inch of stormwater runoff from any
rainfall event from: 1) new impervious areas of redevelopment activities, and 2) the
entire site of new development activities.
At its discretion, the City may modify or waive this requirement, based on consideration
of any of the following:
1. soil borings indicate unsuitability for infiltration (e.g., hydrologic soil types C or D);
2. infiltration of the equivalent runoff volume is accomplished elsewhere within the
same City subdrainage district;
3. the potential of groundwater contamination exists due to such variables as, but not
limited to, the following:
a. geology that exposes aquifer vulnerability (e.g., karst, shallow bedrock, etc.); or
b. land use that causes high pollutant and sediment levels in stormwater (e.g.,
industrial areas, high vehicular traffic rights-of-way, etc.); or
Planning Report - Eagan Youth Housing
November 27, 2007
Page 10
4. other circumstances that may affect feasible and prudent implementation of this
policy.
This policy protects the quality of downstream resources by eliminating up to 75% of
annual runoff, as well as reducing TP and TSS.
Policy 3.4 - Collect cash dedications in lieu of on-site treatment for water quality/
wetland protection capital improvements, at the City's discretion.
This policy recognizes that it will not always be desirable and/or feasible for
development/ redevelopment activity to comply with on-site mitigation requirements as
outlined in Policies 3.1 and 3.2. This provision provides another alternative to achieve
compliance with those policies by financing off-site improvements.
Tree Preservation - A tree inventory submitted with this application indicates the existence of
five significant trees: one 48" Chinese elm, one 7" ash, one 7" sugar maple, one 12-foot tall
Scotch pine, and one 17" boxelder.
The development as proposed will result in the removal of two significant trees. According to
the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of
development proposal (single-phase, single-lot, commercial) is set at 30% of the total significant
trees. With a proposed removal not greater than the allowable amount, there is no required tree
mitigation for this proposal.
The applicant has had conversations with city staff concerning the preservation of on-site
significant trees via transplanting to park property. Three trees (two are significant) will be
transplanted to park property at the applicant's expense. Trees to be transplanted include the 7"
sugar maple, 12' Scotch pine, and a non-significant 10' Colorado spruce. The probable site to
receive these three trees is Woodhaven Park. The transplant process will take place prior to site
construction sometime during spring or fall 2008.
Parks and Recreation - This development shall be subject to a partial cash parks dedication.
Because a duplex (2 units) and single family home (1 unit) will be/have been removed to make
way for the new multi-unit structure, a credit equivalent to 3 units will be given towards the final
unit count used in the calculation. The dedication is payable at the time of building permit at the
rates then in effect.
This development shall be subject to a cash trails dedication. The dedication is payable at the
time of building permit at the rates then in effect.
Financial Obligation - At this time, there are no pending assessments on the parcels proposed for
re-platting.
Planning Report - Eagan Youth Housing
November 27, 2007
Page 11
SUMMARY/CONCLUSION
In summary, Dakota County CDA is requesting approval of a Rezoning from CGD to PD, and a
Preliminary Planned Development to construct a three-story, 25-unit supportive youth housing
project upon approximately 0.78 acres located at Gold Trail and Cedar Grove Parkway. The
proposal includes some deviations to the standard CGD zoning requirements.
The property is currently platted as two parcels, and application has been made to replat the site
into a single parcel. The proposed development plans appear to satisfy many of the design
standards of the CGD zoning district in terms of building architecture, design and materials, site
design and landscaping, and site lighting. Tree Preservation requirements are also satisfied and
no mitigation is required.
The developer is proposing some deviations to CGD requirements. The acceptability of such
deviations is a policy matter to be determined by City officials. Proposed deviations include the
number of parking stalls, eliminating individual entrances to ground floor dwelling units, and
building setbacks. Cash parks and trails dedications apply to this development, and will be
payable at the time of building permit.
If approved, a Final Planned Development will follow, at which time the developer will provide
additional detail to confirm compliance with the CGD architectural standards, building materials
colors, storm water management and treatment, and screening of mechanical equipment, and site
lighting.
ACTION TO BE CONSIDERED
To recommend approval of a Rezoning from CGD, Cedar Grove District, to PD, Planned
Development, upon approximately 0.78 acres located at 1997 and 1999 Gold Trail in the NW 1/4
of Section 20.
To recommend approval of a Preliminary Planned Development to allow construction of a new
25-unit 3-story apartment building for persons age 18-24 upon approximately 0.78 acres located
at 1997 and 1999 Gold Trail in the NW 1/4 of Section 20. If approved, the following conditions
shall apply:
1. The property shall be platted.
2. Setbacks shall be as depicted on the approved Site Plan.
3. With the application for Final Planned Development, the architect shall verify that the
primary materials (brick and glass) comprise at least 60% of the building fagade and that
the fiber cement siding does not exceed 30% of the building fagade.
Planning Report - Eagan Youth Housing
November 27, 2007
Page 12
4. The developer shall provide the colors for the exterior materials to the City to be
incorporated into the final plans for the Final Planned Development.
5. Consistent interior window treatments shall be provided for windows that are visible
from a public street or open space.
6. Trash storage shall be inside the principal building.
7. Parking shall be provided as depicted on the approved Site Plan.
8. The combination of outdoor and indoor recreation space on the subject site and the core
area common open space shall adequately address the recreation space requirement.
9. The Landscape Plan shall be modified to utilize a different species of shrub with a mature
height of approximately 3 feet for screening of the parking lot from Gold Trail.
10. A lighting plan for the interior parking area that complies with the photometric standards
in the CGD ordinance shall be submitted with the application for Final Planned
Development.
11. All mechanical equipment shall be completely screened from the ground-level view of
adjacent properties and public streets, or designed to be compatible with the architectural
treatment of the principal building. Compliance with this provision shall be demonstrated
with the application for Final Planned Development.
12. The proposed trail along Gold Trail shall be a minimum of 8 feet wide with an 8-foot
boulevard between the trail and the curb.
13. Public right-of-way, shall be dedicated along both Gold Trail and Cedar Grove Parkway
along a line adjacent to and 17 feet from the north curb line of Gold Trail and the west
curb line of Cedar Grove Parkway, to provide for the public maintenance of the trails
along those streets.
14. This development shall dedicate drainage and utility easements where necessary to
accommodate existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as determined
necessary by engineering standards.
15. All public trails, drainage systems, and utilities necessary to provide service to this
development shall be designed and certified by a registered professional engineer in
accordance with City adopted codes, engineering standards, guidelines, and policies prior
to application for final plat approval.
16. This development shall be subject to Policies 3.1, 3.2, 3.3 and 3.4 of the City of Eagan's
Water Quality and Wetland Management Plan.
Planning Report - Eagan Youth Housing
November 27, 2007
Page 13
17. The applicant shall protect the preserved tree's critical root zones through the placement
of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene
laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical
Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site.
18. The applicant shall schedule a site meeting with the City of Eagan Supervisor of Forestry
to finalize plans for transplanting trees to Woodhaven Park.
19. The applicant shall contact the City Forestry Division and set up a pre-construction site
inspection at least five days prior to the issuance of the grading permit to ensure
compliance with the approved Tree Preservation Plan and placement of the Tree
Protection Fencing.
20. This proposal shall be subject to a cash parks dedication with credit towards the unit
count being given for the three residential units removed from the properties. Park
dedication shall be payable at the time of building permit at the rates then in effect.
21. This development shall be subject to a cash trails dedication, payable at the time of
building permit at the rates then in effect.
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Dakota County
Community Development Agency
CDA* • • • • • • • • • • • • • • 000 • • • •
October 31, 2007 - Revised Narrative
City of Eagan PD and Rezoning Submittal Narrative
Dakota County CDA Young Adult Supportive Housing
General Project Description
The Dakota County CDA proposes to construct a 25-unit young adult supportive housing
development on the northeast corner of Cedar Grove Parkway and Gold Trail. The
proposed development would be a 3-story elevator building over underground parking. It
would include 24 efficiency apartment units approximately 360-465 square feet in size, a
one-bedroom residential manager unit approximately 890 square feet in size, and
approximately 3,000 square feet of common and programmatic space, including a front
desk area, kitchen, lounges, computer room, exercise room, conference room, and office
space. A laundry room is located on each of the 2°d and 3rd floors.
The project team includes the following partners:
Developer/Owner: Dakota County CDA
Sponsor: Dakota County Community Services
Service Provider: The Link
Property Manager: Dakota County CDA, or other qualified management agent
Architect: LHB Architects, Inc.
Contractor: TBD
Funders: Minnesota Housing Finance Agency, Dakota County CDA
The project will target young adults between the ages of 18 and 24 who are homeless or
at risk of becoming homeless. It is anticipated that residents will be 18 to 21 years of age
at the time they move in, but longer term residents may be in the 21-24 age range before
moving on to a more independent living setting. Dakota County Community Services
conducted a point-in-time survey on January 27, 2005 that found 48 young adults
between the age of 18 and 25 were homeless. Homeless counts such as these under-count
actual homelessness, in part because they do not count youth who are "couch-hopping",
which is a common situation for this age group. Another major commonality for
homeless youth is the lack of a strong and/or positive family support system. In addition,
each year between 15-20 young adults "age out of' the County's foster care system,
many without fully developed plans for independent living or strong support systems to
successfully transition into adulthood. Another group of young adults requiring
supportive housing in Dakota County is people with disabilities such as mental illness.
These various groups may overlap.
~O
1228 Town Centre Drive • Eagan, MN 55123-1066
tel 651-675-4400 o fax 651-675-4444
/7
Occupancy requirements for tenants will be developed in partnership with the CDA, The
Link and Dakota County Social Services, with a prescreening process managed by The
Link, the project service provider. Each resident will work with a case manager to
establish a plan to meet their individual needs, and will be expected to engage in
productive activity to include school, work, health maximization, independent living
skills or jobs training programs. House rules will include a curfew, no illegal drug use,
no alcohol on site (regardless of the age of the residents), and restrictive policies related
to guests. House rules will be established by the CDA, The Link and Dakota County
Community Services to maximize the safety and security of individual tenants, staff and
the neighborhood and community.
Supportive services staffing will include a 24-hour staffed front desk, a supervisor, two or
more full-time case managers and a life-skills and employment specialist. It is
anticipated that there will be 2-3 staff on-site during the day Monday through Friday, and
a front desk staffed 24 hours a day, 7 days a week. In addition, it is anticipated that a
resident manager will occupy the one-bedroom unit on the first floor.
On-site services will include case management and tenant education related to financial
budget training, employment training and readiness, independent living skills,
social/relationship building skills, and special topics as needed. Referrals will be
provided for health services. Community activities will be organized with a strong
volunteer component, both for the tenants and for others in the community wishing to
contribute to this project (churches, etc.).
Comprehensive Guide Plan and Zoning Designation
The existing Comprehensive Guide Plan designation for the site is Special Area #5: high
density residential. The proposed Comprehensive Guide plan designation is the same.
The existing zoning classification is Cedar Grove District (CGD). The proposed zoning
classification is Planned Development.
Timin
Construction is expected to start in the fall of 2008. The construction period is expected
to be 10 to 12 months.
Existing Land Uses on Subject Property
The proposed project would be developed on two parcels with the following current uses:
PID # 10-44450-062-01: vacant parcel
PID # 10-47300-010-01: existing duplex
Surrounding Land Uses and Zoning
- To the East: existing duplex, high density residential and medium density residential
zoning
- To the North: Cedar Grove District zoning; existing high density residential and
commercial/retail
Dakota County CDA Young Adult Supportive Housing Narrative Page 2 of 5
JI?
To the West: Cedar Grove District zoning; planned commercial/retail development,
high density and medium density residential
To the South: existing park and single-family home; Park and medium density
residential zoning
Impact of Rezoning on Surrounding and Subject Property and City Services
The proposed development will meet the standards of the Cedar Grove District area as
near as applicable to the proposed use. The existing zoning allows for high density
residential development. The proposed high density residential development is consistent
with both the zoning and Comprehensive Guide Plan designation.
Conforming Plan
A plan showing conformance with existing zoning in included in this Submittal. The
conforming plan would allow 15 residential units based on a one-to-one enclosed parking
requirement. The conforming plan would be a two-story building over underground
parking.
Proposed Parking
The Eagan Code requires that for all multiple dwellings, at least one enclosed or
underground garage space per unit and at least one outdoor parking space per unit shall
be provided. The proposed parking plan includes 10 underground parking spaces, 19 on-
site surface parking spaces and 2 on-street parking spaces on Gold Trail, for a total of 31
parking spaces. The proposed parking stall width is 9 feet and the length is 18 feet. This
parking width is an industry standard size, although it is less than the 10 feet required by
the Eagan City Code. The narrower width will reduce impervious surface while
maximize parking capacity and recreation area.
The parking need for the proposed housing is substantially less than other multifamily
developments. The two main reasons are that: (1) the project will be located with access
to public transportation; and (2) the population served generally cannot afford to own
their own vehicle. The Corporation for Supportive Housing gathered some information
on parking requirements for three youth developments in the metropolitan area. The
actual parking available for all 3 locations is no greater than a 1:1 ratio of parking spaces
to units. The need based on the actual number of residents with cars is in the range of
0.3-0.8 to 1. The Corporation for Supportive Housing also compiled parking data for 9
supportive housing developments in Connecticut, in both suburban and urban locations.
Based on this data, they determined that the amount of parking necessary is
approximately 30% of the number of units. It is expected that fewer than 30% of the
residents of the proposed housing will own their own vehicle.
The proposed housing will also house fewer people per unit than other multifamily
developments. 24 of the units will be efficiency units approximately 350-405 square feet
in size. These units will be single occupancy units. The resident manager unit is a one-
bedroom unit and will likely also be single-occupancy. In addition, the target population
for the proposed housing is a relatively active and mobile group well-suited for the use of
pedestrian, bicycle, and. bus transportation, since they will not be responsible for
/0
Dakota County CDA Young Adult Supportive Housing Narrative Page 3 of 5
r-T
transporting dependents. Bike racks will be provided for residents in the courtyard area.
Residents will receive assistance in accessing local public transportation and will receive
bus passes and other incentives as part of the service programming.
Future Possible Re-Use of Building
As the population in Eagan and Dakota County grows, it is anticipated that the number of
young adults aging out of the foster care system will also grow. In addition, the cost-
effectiveness of providing supportive housing is far superior to other interventions that
may be required in absence of this program, such as homeless or transitional sheltering,
detox, county jail, psychiatric inpatient treatment, and emergency hospital care. For these
reasons, it is anticipated that the youth supportive housing development will be both
needed and funded for the useful life of the project. However, in the event that the
demand for this housing and/or service funding diminishes, the building could be retro-
fitted to combine the 24 efficiency units into 13 one-bedroom units, to create a total of 14
units of workforce housing. Alternately, the existing building with the efficiency units
could be converted to an affordable assisted living development for seniors.
Recreation Area
The proposed project includes approximately 5,156 square feet of outdoor recreation
area. The City's land use regulations indicate that multiple-family dwellings shall have a
minimum recreation area of 200 square feet for each dwelling unit containing two or
fewer bedrooms. The proposed project meets this requirement with a passive outdoor
space to include a gazebo and sitting areas. In addition, the building contains a
substantial amount of common indoor space for recreation, including a community room
with kitchen, an exercise room, lounges with windows and seating adjacent to the laundry
rooms, and an outdoor porch.
First Floor Units
The proposed plans include three residential units on the first floor. The City's land use
regulations require that each first-floor unit must have an individual private entrance at
street level. The proposed plans do not meet this requirement because it is imperative for
the success of the project to maximize the security and control of the building entrances.
Residents will enter the building through the garage or the front entrance only. If they
enter from the garage, they will only be able to access the. first floor lobby from the
garage elevator or stairs. All residents will pass by the front desk when entering or
exiting the building. Having direct outside access from any of the residential units
would compromise this security. In addition, the grade differential between the walkway
and building is 5 feet along Cedar Grove Parkway and 3 feet along Gold Trail. These
grade differentials are not conducive to creating individual unit entrances.
Public Benefit
The proposed project will result in a better use of the land. The existing use of the
property is a vacant lot and a residential duplex constructed in the 1980s. The City's
Comprehensive Land Use Guide Plan designates these parcels for high density residential
development. The proposed project achieves this designation and utilizes vacant property
that would likely otherwise not be developed. The existing duplex is owned by the CDA
Dakota County CDA Young Adult Supportive Housing Narrative Page 4 of 5
and would not be redeveloped but for this project, therefore rendering the vacant parcel
more difficult to develop.
The proposed project will benefit the public by creating much needed affordable housing
opportunities for young adults in Eagan and Dakota County. The project will include
supportive services to help residents attain self-sufficiency goals and become more
productive and contributing members of the community. Neighborhood employers will
benefit by having a convenient pool of entry-level workers, and ongoing access to job
coaching/training services provided by The Link and its employment program partners.
Additional benefits to the public are short and long-term decreases in the utilization of
more expensive publicly funded services (hospital emergency, etc.).
Re-zoning the project site to planned development creates public benefit by allowing a
building that will better fit within the design requirements of the Cedar Grove District by
incorporating a higher residential density than would otherwise be permitted. The greater
density will generate additional demand for the proposed retail development, a potential
workforce for the proposed commercial and retail development, and it will encourage the
use of public transportation offered by the proposed transit station.
The completed building will be attractive and fit in well with other new construction in
the area, meeting the design requirements of the Cedar Grove District. The project will
be a great asset to the community and residents.
Contact Information
Please contact Andrea Brennan at the below contact information with any comments or
questions related to this Submittal.
Andrea Brennan
Assistant Director, Housing Finance & Development
1228 Town Centre Drive
Eagan, MN 55123
Phone: 651-675-4478
Fax: 651-675-4444
Email: abrennan@dakotacda.state.mn.us
Dakota County CDA Young Adult Supportive Hou in Narrative Page 5 of 5
Agenda Information Memo
December 3, 2007, Eagan City Council Meeting
B. CONDITIONAL USE PERMIT - CITY OF EAGAN MUNICIPAL SIGN
ACTIONS TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow a pylon
sign located at 3830 Pilot Knob Road and 1360 Civic Center Drive on Lots 1 & 3, Ted Wachter
Addition in the NW '/4 of Section 22, subject to the conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Quorum
FACTS:
➢ The applicant is proposing a 10-foot, 10-inch tall and 15-foot wide pylon sign with a
LED message center to allow for announcement of events and programs.
➢ An existing 10-foot, 8-inch tall and 12-foot wide pylon sign exists at the intersection of
Pilot Knob Road and Civic Center Drive. The sign contains a changeable reader board.
➢ The applicant is proposing the existing pylon sign be removed, and the new pylon be
placed further east, 10 feet from Pilot Knob Road right-of-way.
➢ The proposal satisfies the Sign Ordinance standards for pylon and dynamic signs, and
appears compatible for the proposed location.
➢ The City must combine Lots 1 and 3, Ted Wachter Addition, to eliminate interior side
yards in order for the sign to comply with setback requirements.
➢ The Advisory Planning Commission held a Public Hearing on November 27, 2007 and is
recommending approval.
ISSUES: None.
120 DAY AGENCY ACTION DEADLINE: January 17, 2008
ATTACHMENTS (2):
Draft November 27, 2007 APC minutes on pages t >>g
Staff report on pages through.
73
APC Minutes
November 27, 2007
Page 5 of 8
B. City of Eagan CUP
Applicant Name: City of Eagan
Location: 3830 Pilot Knob Road;
Application: Conditional Use Permit
A Conditional Use Permit to allow one municipal pylon sign.
File Number: 22-CU-13-10-07
Planner Thomas stated the request is for one (1) municipal sign, rather than two (2) as stated in
the original agenda. She introduced this item and highlighted" the information presented in the
City Staff report dated November 15, 2007. She noted the background and history.
Chair Hansen opened the public hearing.
There being no public comment, Chair Hansen closed the public hearing and turned the
discussion back to the Commission.
Member Keeley asked about the brightness level of the proposed signage. Planner Thomas
stated the sign would be virtually identical to the sign installed last year on Pilot Knob Road for
the Community Center. The City has not received complaints from any neighbors regarding the
brightness of the sign. Community Development Director Hohenstein also explained that the
sign would have an automatic illumination regulator that will adjust the level based on ambient
light at all times of the day.
Member Keeley moved, Member Zoberi seconded a motion to recommend approval of a
Conditional Use Permit to allow a 10', 10" high, 125 square foot pylon sign with a LED
message center located at 3830 Pilot Knob Road and 1360 Civic Center Drive in the NE '/4 of
Section 22 subject to the following conditions:
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date
of approval by the City Council
2. An administrative SignPermit shall be obtained from the City prior to installation of the pylon
sign.
3. The existing monument sign shall be removed prior to installation of the pylon sign.
4. The pylon sign shall be setback a minimum of 10' from all property lines.
5. The pylon sign shall be located as indicated on the site plan received November 14, 2007.
6. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated
October 30, 2007.
7. The City must request a lot combination from the County to combine lots 1 and 3, Ted
Wachter Addition.
8. The pylon sign shall comply with all Sign Code requirements.
A vote was taken. All voted in favor. Motion carried: 7-0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: November 15, 2007 CASE: 22-CU-13-10-07
APPLICANT: City of Eagan HEARING DATE: November 27, 2007
PROPERTY OWNER: Same APPLICATION DATE: Sept. 19, 2007
REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas
LOCATION: 3830 Pilot Knob Road, 1360 Civic Center Drive
COMPREHENSIVE PLAN: QP, Quasi Public/Institutional
ZONING: PF, Public Facility
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit (CUP) to allow a 10', 10"
high, 125 square foot pylon sign for property located at 3830 Pilot Knob Road and 1360 Civic
Center Drive in the NE '/4 of Section 22.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
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.
nC
Planning Report - Municipal Sign CUP
November 27, 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 41), Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall
require such evidence and guarantees as it may deem necessary as proof that the conditions
stipulated in connection therewith are being and will be complied with.
BACKGROUND/HISTORY
Presently, a 5-foot, 9-inch pylon sign with a changeable reader board exists at the intersection of
Pilot Knob Road (Co. Rd. 31) and Civic Center Drive. This sign is within the Dakota County
right-of-way.
EXISTING CONDITIONS
There are three lots within this subdivision which are developed as the City Hall/Police Station,
Library and Cascade Bay/Civic Arena. The subject properties are accessed via Civic Center
Drive which connects from Pilot Knob Road on the west to Wescott Road on the north.
A pylon sign is located at the intersection of Wescott Road and Civic Center Drive and a
monument sign is located at the corner of Pilot Knob Road and Wescott Road.
7~
Planning Report - Municipal Sign CUP
November 27, 2007
Page 3
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use
Designation
North Single-family PD, Planned LD, Low Density
residential Development district (0-4 units/acre)
South Single-family R-1, Single-Family LD, Low Density
residential residential (0-4 units/acre)
East Dakota County PF, Public Facility QP, Quasi
Library Public/Institutional
West Single-family R-1, Single-Family LD, Low Density
residential residential (0-4 units/acre)
EVALUATION OF REQUEST
Compatibility with Surrounding - Public Facilities (PF) districts are intended for use by
city, state, and federal government buildings. The subject site is bounded by single family
residential uses except for the east side of the property which consists of a library. Government
buildings are a permitted use within the PF zone. A pylon sign is a conditional use.
Sign Ordinance - The general sign standards of the dynamic sign code allow a message to
change every 20 minutes and the dynamic sign must be subordinate to the business name portion
of the sign. The character height is based upon the speed limit of the adjacent roadway, which is
12" for the 45 mph speed limit on Pilot Knob Road.
The City Code allows for a pylon no greater than 27' in height and no larger than 125 square feet
in area per side with approval of a Conditional Use Permit. Pylon signs are not to be located
within 300 feet of each other on the same side of the street. All ordinance requirements appear
to be met.
Proposal - The applicant is requesting a CUP for a pylon sign with a LED message center to
allow for announcement of events and programs affiliated with City Hall, the Police Department,
Cascade Bay and the Ice Arena. The pylon sign shall not be more than 27 feet above lot level
and shall not exceed 125 square feet in area per side. The proposed sign is 125 square feet and 10
feet, 11 inches in height. The proposed pylon sign is to be located 10 feet from the Pilot Knob
Road right-of-way meeting standard Sign Code requirements.
The proposed sign location straddles the interior side yards of Lots 1 and 3. A condition of
approval requires the City to combine Lots 1 and 3 so that the interior lot lines are removed.
77
Planning Report - Municipal Sign CUP
November 27, 2007
Page 4
SUMMARY/CONCLUSION
The applicant is requesting approval of a CUP for a 10', 10" high, 125 square foot pylon sign
with a LED message center. The message may change every 20 minutes per the Sign Ordinance.
The proposed sign appears compatible at the proposed location and appears to satisfy bulk
standards for pylon signs in the Sign Ordinance.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to allow a 10', 10" high, 125 square foot
pylon sign with a LED message center located at 3830 Pilot Knob Road and 1360 Civic Center
Drive in the NE '/4 of Section 22. If approved the following conditions shall apply:
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the
date of approval by the City Council.
2. An administrative Sign Permit shall be obtained from the City prior to installation of the
pylon sign.
3. The existing monument sign shall be removed prior to installation of the pylon sign.
4. The pylon sign shall be setback a minimum of 10' from all property lines.
5. The pylon sign shall be located as indicated on the site plan received November 14, 2007.
6. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated
October 30, 2007.
7. The City must request a lot combination from the County to combine lots 1 and 3, Ted
Wachter Addition.
8. The pylon sign shall comply with all Sign Code requirements.
Current Zoning and Comprehensive Guide Plan City of Eagan
Conditional Use Permit
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/ 3
Agenda Information Memo
December 3, 2007 Eagan City Council Meeting
C. ORDINANCE AMENDMENT - CITY OF EAGAN
ACTION TO BE CONSIDERED:
To approve an Ordinance Amendment to Chapters 5, 6 and 11, as it relates to spacing
requirements between certain land uses and direct the City Attorney to prepare and
submit the amendment to the legal newspaper for publication.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ On November 5, 2007, the City Council directed staff to initiate an amendment that
would unify spacing requirements between certain land uses and clarify the point of
measurement.
➢ Over time, periodic City Code updates have resulted in minimum spacing
requirements between certain land uses that are inconsistent with one another.
Additionally, the method of measurement is not explicit in all cases.
➢ Uses that require spacing include currency exchange operations (Chapter 6), liquor
sales (Chapter 5) and 24 hour retail/motor fuel sales (Chapter 11).
➢ The amendment makes these standards more uniform and better defines point of
measurement (i.e. building to building, lot line to lot line, etc.).
➢ The Advisory Planning Commission held a Public Hearing for the modification to
Chapter 11 on November 27, 2007 and they are recommending approval.
ATTACHMENTS: (3)
Draft November 27, 2007 APC minutes on page.
Staff report on pages through.
Draft amendmert langua e for Chapters 5, 6 and 11 on pages through.
APC Minutes
November 27, 2007
Page 6 of 8
C. Ordinance Amendment
Applicant Name: City of Eagan
Application: Ordinance Amendment
An Ordinance Amendment to Chapter 11, specifically as it relates to unifying and clarifying
spacing requirements between certain land uses.
File Number: 01-OR-06-11-07
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated November 21, 2007. He noted the background and history.
Chair Hansen opened the public hearing.
There being no public comment, Chair Hansen closed the public hearing and turned the
discussion back to the Commission.
Member Zoberi moved, Member Keeley seconded a motion to recommend approval of an
Ordinance Amendment to Chapter 11 to provide a uniform definition of spacing requirements
between certain land uses.
A vote was taken. All voted in favor. Motion carried: 7-0.
VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA)
There were no visitors to be heard for items not on the agenda.
o3
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: November 21, 2007 CASE: 01-OR-06-11-07
APPLICANT: City of Eagan HEARING DATE: November 27, 2007
PROPERTY OWNER: N/A PREPARED BY: Michael J. Ridley, AICP
REQUEST: Ordinance Amendment
LOCATION: City-wide
COMPREHENSIVE PLAN: Medium Density (MD)
ZONING: Commercial/Industrial
SUMMARY OF REQUEST
The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, Section
11.30 to add a definition for Special use setback.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.40, Subdivision 5 states, in part:
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two-thirds of all members of the council.
BACKGROUND/HISTORY
Over time, periodic City Code updates have resulted in minimum spacing requirements between
certain land uses that are inconsistent with one another. Additionally, the point of measurement
lacks clarity is not explicit in all cases. Uses that require spacing include, currency exchange
operations, liquor sales and retail/motor fuel sales.
Currency exchange and liquor regulations are found in Chapters 5 & 6; amendments to those
chapters do not require a Public Hearing before the Advisory Planning Commission; as such, the
City Council will hold a Public Hearing for the amendment to Chapter 5 & 6.
At their regular meeting of November 5, 2007, the City Council directed staff to initiate this
amendment.
00 Lf
Planning Report - Ordinance Amendment
November 27, 2007
Page 2
EXISTING CONDITIONS
The confusion is illustrated when the three "special use" spacing standards are compared. The
requirement for currency exchange states the spacing distance is from the facility to the lot line.
The liquor licensing standard states that the spacing is to be measured from the structure; and the
motor fuel/retail simply states the spacing is from residential use.
City staff is suggesting that unifying the standard and point of measurement will better assist
residents, developers and staff in understanding and applying the appropriate standard.
EVALUATION OF REQUEST
The proposed amendment will unify the standard of any use that presently contains a spacing
requirement. Uses wholly contained within a building will have one standard while uses that
include exterior activity (i.e. staffed drive-through operations, gas pumps) will have another.
Specifically, for uses entirely contained within a building, the amendment calls for spacing to be a
distance of 200'from any point of the exterior wall of the building to the nearest point on the
property line of the lot on which the protected use is located.
For any special use that includes exterior operations, the spacing requirement of 200'would be
measured from any point along the outer edge of any paved parking or drive lane area, of the
"activity area" (excluding driveway access point) on which the use is operated to the nearest point
on the property line of the lot on which the protected use is located.
SUMMARY/CONCLUSION
The proposed amendment will allow a clearer understanding and better application of use
spacing requirements within the City Code.
ACTION TO BE CONSIDERED
To recommend approval or denial of an Ordinance Amendment to Chapter 11 to provide a
uniform definition of spacing requirements between certain land uses.
a~
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY
AMENDING SECTION 11.30, REGARDING DEFINITIONS; AND SECTION 11.70, SUBD. 14
REGARDING HOURS OF OPERATION; AND BY ADOPTING BY REFERENCE EAGAN
CITY CODE CHAPTER 1 AND SECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 11 is hereby amended by adding to Section 11.30 the
following definitions:
Special use setback means the following:
1. If the use is entirely contained within a building, the distance of 200 linear feet from
M point of the exterior wall of the building or the exterior wall of the delineated space
within the building in which the use is located exclusively, to the nearest point on the
property line of the lot on which the protected use is located.
2 If the use has M outdoor operations, the distance of 200 linear feet from any point
along the outer ed eg of any paved parking or drive lane area, excluding driveway access
point on which the use is operated to the nearest point on the property line of the lot on
which the protected use is located.
Protected use means a designated use from which another use is required to be set back
pursuant to a special use setback in this Code.
Section 2. Eagan City Code Chapter 11 is hereby amended by changing Section 11.70,
Subd. 14 to read as follows:
Subd. 14. Hours of operation. Hours of operation of any retail business, any restaurant
or any motor fuel station shall be confined to the period between 7:00 a.m. and 1:00 a.m.,
except for those leeated 200 feet of more meeting the special use setback, as defined in this
Chapter, from any residential use and fronting on a major thoroughfare or commercial
service road, unless otherwise specifically approved by the council.
Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
1
Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST: CITY OF EAGAN
City Council
By: Maria Petersen By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing:
2
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND
REGULATIONS" BY AMENDING SECTION 5.33, SUBD. 5 REGARDING BEER LICENSE
RESTRICTIONS AND REGULATIONS; AND AMENDING SECTION 5.52, SUBD. 8
REGARDING LIQUOR LICENSE RESTRICTIONS AND REGULATIONS; AND AMENDING
SECTION 5.70 SUBD. 3(G) REGARDING ON-SALE WINE LICENSE RESTRICTIONS AND
REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1
AND SECTION 5.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 5 is hereby amended by changing Section 5.33, Subd. 5
to read as follows:
Subd. 5. No license shall be granted for any building w thin 200 £°°ta proposed licensed
premises that does not meet the special use setback, as defused in the zoning regulations of
this Code, from any nursery, elementary or secondary school structure; daycare center
structure; or church structure, except as provided herein. A license may be granted for aim}
building thi 200 feet E)fa proposed licensed premises not meeting t_he special use
setback as defined in the zoning regulations of this Code, from any of the above listed uses
when the proposed licensed premises and listed uses are located within the same zoning
district and planned commercial development.
Section 2. Eagan City Code Chapter 5 is hereby amended by changing Section 5.52, Subd. 8
to read as follows:
Subd. 8. No license shall be granted for any building N•„thin inn f et proposed licensed
premises' that does not meet the special use setback, as defined in the zoning regulations of
this Code, from any nursery, elementary or secondary school structure; daycare center
structure; or church structure, except as provided herein. A license may be granted for any
building within 300 feet ofa proposed licensed premises not meeting the special use
setback as defined in the zoning regulations of this Code, from any of the above listed uses
when the proposed licensed premises and listed uses are located within the same zoning
district and planned commercial development.
Section 3. Eagan City Code Chapter 5 is hereby amended by changing Section 5.70, Subd.
3(G) to read as follows:
G. No license shall be granted for any building ~~i 200 f°°ta proposed licensed
premises that does not meet the special use setback, as defined in the zoning
regulations of this Code, from any nursery, elementary or secondary school
1
structure; daycare center structure; or church structure, except as provided herein. A
license may be granted for anvy building vidiin 300 -feet--4a proposed licensed
premises not meeting the special use setback, as defined in the zoning regulations of
this Code, from any of the above listed uses when the proposed licensed premises
and listed uses are located within the same zoning district and planned commercial
development.
Section 4. Eagan City Code Chapter I entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 5.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
Section 5. Effective Date. This ordinance shall take effect upon- its adoption and publication
according to law.
ATTEST: CITY OF EAGAN
City Council
By: Maria Lynn Petersen By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
2
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATIONS AND LICENSING"
BY AMENDING SECTION 6.52, SUBD. 3(3) REGARDING CURRENCY EXCHANGE
BUSINESSES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1
AND SECTION 6.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 6 is hereby amended by changing Section 6.52, Subd.
3(3) to read as follows:
3. No currency exchange business shall be operated or located on a site unless it meets
the special use setback as defined in the zoning regulations of this Code, frombe
,,.,eatea ,ewer. than 200 feet to any existing currency exchange business, secondhand
goods store or pawnshop, day care facility, on or off-sale liquor establishment, park
or public facility or residential property, including R-4 (residential multiple district)
properties.
The distanee set feAh herein shall be nieasur-ed ffem any point of the exterior- area e
point on the pr-epefty line ef the othef use.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST: CITY OF EAGAN
City Council
By: Maria Lynn Petersen By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
1
q1/
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY
AMENDING SECTION 11.30, REGARDING DEFINITIONS; AND SECTION 11.70, SUBD. 14
REGARDING HOURS OF OPERATION; AND BY ADOPTING BY REFERENCE EAGAN
CITY CODE CHAPTER 1 AND SECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 11 is hereby amended by adding to Section 1130 the
following definitions:
Special use setback means the following:
1. If the use is entirely contained within a building, the distance of 200 linear feet from
M point of the exterior wall of the building, or the exterior wall of the delineated space
within the building in which the use is located exclusively, to the nearest point on the
property line of the lot on which the protected use is located.
2. If the use has any outdoor operations, the distance of 200 linear feet from any point
along the outer edge of any paved parking or drive lane area, excluding driveway access
point on which the use is operated to the nearest point on the properly line of the lot on
which the protected use is located.
Protected use means a designated use from which another use is required to be set back
pursuant to a special use setback in this Code.
Section 2. Eagan City Code Chapter 11 is hereby amended by changing Section 11.70,
Subd. 14 to read as follows:
Subd. 14. Hours of operation. Hours of operation of any retail business, any restaurant
or any motor fuel station shall be confined to the period between 7:00 a.m. and 1:00 a.m.,
except for those leeatea 200 feet ^r more meeting the special use setback, as defined in this
Chapter, from any residential use and fronting on a major thoroughfare or commercial
service road, unless otherwise specifically approved by the council.
Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
1
q)
Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST: CITY OF EAGAN
City Council
By: Maria Lynn Petersen By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing:
2
qc~
Agenda Memo
December 3, 2007
NEW BUSINESS:
D. ORDINANCE AMENDMENT - Chapter 6.35, Subdivision 3 to require background
investigations for lawful gambling applications.
ACTION TO BE CONSIDERED:
Approve amendment to Chapter 6.35. Subdivision 3 of the Eagan City Code to require
background investigations for lawful gambling applications.
FACTS:
• The City Council, at their November 5, 2007 regular Council meeting directed staff to
initiate an ordinance amendment that would require background investigations for lawful
gambling applications.
• The State of Minnesota Gambling Control Board requires City approval prior to their
issuance of a premise permit for charitable gambling.
• The City's authority to impose an investigation fee is dictated by Minnesota Statues. The
statute allows for the City to assess an investigation fee on organizations applying for or
renewing a premises permit, however is limited to the amount it may impose for the fee.
A city of the second class, which the City of Eagan is, cannot impose an investigation fee
in excess of $250.
• It is the recommendation of the Police Department and the Administration Department
that the City Code be amended to require that these background investigations be
conducted, and a $250 fee be charged.
• The investigation of an organization applying for a permit is more in-depth and time
consuming than that of an individual (i.e. massage therapist license applicant), thus the
higher investigation fee. It is also recommended that the organization's gambling
manager be included in the background investigation. The City Attorney's office
interprets the statutory authority to conduct an investigation on an organization to include
its gambling manager.
ATTACHMENTS:
• Attached as pages% through is a copy of the proposed ordinance amendment.
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING"
BY ADDING SECTION 6.35, SUBD. 3, REGARDING GAMBLING PERMIT
INVESTIGATION AND FEE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE
CHAPTER 1 AND SECTION 6.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Six is hereby amended by adding Section 6.35, Subd.
3, to read as follows:
Subd.3. Applications.
A. Applications to conduct lawful gambling shall be considered and approved
by the council at regular meetings.
B. Only application submitted by eligible organizations will be considered for
approval by the council.
C. An application organization shall provide adequate proof that it has at least
15 active members and that at least 15 of its members are either employed or live within the
city or that it is a nationally known organization as determined by the city.
D An applicant for a premises permit approval shall be subject to a criminal
background investigation which shall include investigation of the organization and the
gambling manager.
E No application for premises permit approval by city council will be
considered or approved by the city council until the investigation fee is paid in full. The
investigation fee under this section shall be in an amount set forth by city council resolution.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
q4
ATTEST: CITY OF EAGAN
City Council
By: Maria Petersen By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
Agenda Memo
December 3, 2007
NEW BUSINESS:
E. ORDINANCE AMENDMENT - Chapter 6.34, Subdivision 13 to require background
investigations for tobacco license applications.
ACTION TO BE CONSIDERED:
Approve amendment to Chapter 6.34, Subdivision 13 of the Eagan City Code to require
background investigations for tobacco license applications.
FACTS:
• The City Council, at their November 5, 2007 regular Council meeting directed staff to
initiate an ordinance amendment that would require background investigations for
tobacco license applications.
• The City's authority to impose an investigation fee is dictated by Minnesota Statues.
There is no language in the statutes that restricts the City's ability to regulate or license
tobacco sales. Therefore the City has the authority to require a criminal background
investigation and may set its license fees at the amount required to recover its estimated
costs.
• The City Code does not currently require that a background investigation be conducted
prior to the issuance of tobacco licenses, however the Police Department is asked to
review the applications prior to City Council approval.
• The same type of investigation that is conducted for massage therapists is being
conducted by the Police Department when they are asked to review a tobacco license
application.
• It is the recommendation of the Police Department and the Administration Department
that the City Code be amended to require that these background investigations be
conducted, and a $100 fee be charged, the same as massage therapists background
investigations.
ATTACHMENTS:
• Attached as page is a copy of the proposed ordinance amendment.
i4(~:,
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING"
BY AMENDING SECTION 6.34, SUBDIVISION 13, REGARDING TOBACCO LICENSE
INVESTIGATION AND FEE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE
CHAPTER 1 AND SECTION 6.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 6 is hereby amended by changing Section 6.34,
Subdivision 13, to read as follows:
Subd 13. Investigation and License fees. No license shall be issued under this section
until the investigation fee and license fee is paid in full. The fees for an
investigation and license under this section shall be in an amount set forth by
city council resolution.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST: CITY OF EAGAN
City Council
By: Maria Petersen By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
Agenda Information Memo
December 3, 2007 Eagan City Council Meeting
A. CHARTER COMMISSION UPDATE
City Councilmember Bakken and Mayor Maguire requested under Legislative/Intergovernmental
Affairs to update the status of the Charter Commission.
q~
City of Ea an
Zoos
General Fund Budget
and
Property Tax Levy
Truth-in-Taxation public nearing
December 3, 2007
Eagan Municipal Center
2
Introduction
Each year, as part of the budget preparation process, most Minnesota cities are required by law to hold a
public hearing to receive comments on the types and levels of services proposed for the coming year and the
anticipated costs of those services. These public hearings are referred to as Truth-in-Taxation (TnT) hearings.
Specifically, the proposed budget and proposed property tax levy, and their percentage increases from the current
year levels, are to be discussed at the TnT hearing.
The public hearing portion of the budget process is important as it offers residents and local business
owners the opportunity to provide feedback on the types of City services they expect and are willing to support.
Even before TnT hearings were required by the State, Eagan's City Council had established a tradition of
communicating its budget priorities to residents and providing a forum for public comment. We expect and
welcome public comment as a constructive part of the budget process. Public input, together with the City
Council's experience and City staff's expertise, help form the spending and cost management priorities for the City.
Background
In Minnesota, property taxes provide a significant portion of the total funding for K-12
schools and City and County services. The purpose of tonight's hearing is to discuss only
the portion of taxes that support City services, which is about one-quarter of a
homeowner's total property taxes. The City Council does not control the amounts levied for
K-12 schools or County services.
Nor does the City establish the market value of a property, another factor affecting the
change in total taxes; it is the responsibility of the Dakota County Assessor's office to establish
each property's market value. Annual increases to residential property values for taxability
purposes were restricted under State law for several years, but the resulting "limited market
values" are now being phased out. The result of the phase-out-for those properties where
actual value exceeded taxable value-is that taxable property values this year may be
increasing while actual market values are leveling out or even decreasing. The phase-out will be
complete for taxes payable in 2009. For payable 2008, like last year, the increase in taxable
market value was limited to the greater of (a) 15% over last year, or (b) 25% of the difference
between the taxable value and actual value as determined by the County Assessor. Despite the
current downturn in the real estate market, we believe many homeowners will again see property
value increases on this year's Proposed Property Tax statements due to the effect of the phase-
out of limited market value.
Quite often over the years, the State Legislature has imposed levy limits on cities. The
payable 2008 levy will mark the fourth year in a row that the State has not imposed limits.
3
Calculating City Portion of Taxes
Although not broken down for the reader, the City of Eagan tax figure in the TnT Proposed Property Tax
Statements has three components:
1) the amount based on tax capacity;
2) the amount based on market value, resulting from the Community Center referendum approved by
voters in 2000; and
3) the market value homestead credit, which is applied to the tax-capacity portion of the property tax on a
prorated basis. (The market value homestead credit does not apply to commercial/industrial property.)
Tax Capacity-based Portion
The graphics on pages 8 through 10 help illustrate how the amount based on tax capacity is calculated.
Each property's tax capacity (a function of market value and property type) is multiplied by the City's tax capacity
rate, which is derived from the dollar levy approved by the Council. The City portion of taxes on a residential
property with a market value of $281,208 (City average for 2008) is calculated as follows:
First Tax capacity of $281,208 home = $281,208 x 1 % _ $2,812
Then Tax capacity-based taxes = $2,812 x.25887 (tax cap. rate) _ $727.96
Market Value-based Portion
In 2000, Eagan voters approved a bond referendum to fund development and
construction of the Community Center in the Central Park area. The 20-year serial bonds were
sold in 2001. Each year, the amount of the debt service payments is levied as part of the
property tax. The market value tax rate for 2008 is .0001526. Calculation of the 2008 market
value-based tax on the home is as follows:
Market value-based taxes = $281,208 x.0001526 (MV rate) _ $42.92.
Market Value Homestead Credit (MVHC)
The TnT Proposed Property Tax Statement combines the tax capacity-based portion with
the market value-based portion. For residential properties only, this total is then reduced by a
homestead credit calculated according a formula set by the State (see page 8). In the example
of the $281,208 home, the MVHC applied to the City portion of property taxes for a homestead
in ISD 196 is $40.32.
Only the bottom line total tax, or $727.96 in this example, would appear on the TnT
statement. The three components are summarized here:
Tax capacity-based tax $ 727.96
Market value-based tax 42.92
MVHC 4( 0.32)
Total City tax $ 730.56
4
2008 Property Tax Levy
The State of Minnesota, in an effort to balance its own budget, withheld the MVHC from some cities from
2003-2006; Eagan was shorted roughly $1 million each year and chose to levy additional taxes in 2004-2007 to
compensate. The Legislature reinstated the MVHC payments to Eagan and the other cities in 2007. Since the
State paid MVHC to Eagan in 2007 after the City had levied for it, the additional $950,100 levy was used for Dakota
Communications Center (DCC) capital costs.
The 2008 proposed levy assumes current legislation reinstating MVHC payments will remain in effect,
eliminating the City's need to levy for the lost amount. At the same time, in the course of its long-term planning
process, the City has identified future capital needs that require a funding source. Accordingly, the City is
proposing a modest increase in the 2008 overall levy, with additional amounts levied for the Major Street and
General Facilities Renewal/Replacement Funds over and above the 5% increases the Council has levied
consistently to those funds in recent years. An additional $1,000,000 and $319,623 beyond the 5% increase is
proposed for the Major Street Fund and General Facilities Renewal/Replacement Fund, respectively. When they
set the preliminary levy in September, the Council also included an additional $40,000 to cover anticipated costs
for the 2007 charter question election and related public education/publication expenses:
Actual Proposed
Operating Levy 2007 2008
General Fund $ 19,067,200 $ 19,695,900
2007 Charter election 0 40,000
Major Street Fund 1,247,812 2,310,203
Equipment Revolving Fund 905,440 950,712
General Facilities Renewal/Replacement 134,010 460,334
MVHC/DCC capital 950,100 0
Total Operating Levy 22,304,562 23,457,149
Market Value Levy - Community Center bonds 1,198,523 1,199,363
Total Levy $ 23,503,085 $ 24,656,512
The total levy is up 4.9% from last year.
The total operating levy of $23,457,149 will be reduced by the MVHC estimate of $875,000 at
the County, leaving a tax levy of $22,582,149 to be spread on the tax capacity of local property.
5
2008 General Fund Budget
Expenditures
Eagan's proposed 2008 General Fund budget is $26,688,500, an increase of $1,239,200, or 4.9%, from
2007. A significant portion of the increase is a result of three "extraordinary" items totaling about $200,000 that
were not in the General Fund budget in 2007, but do not reflect a change in service levels: the 2008 elections
costs; incorporation of Eagan's DCC startup costs in the operating budget; and Eagan's participation in the Dakota
County Criminal Justice Information Integration Network (CJIIN). The latter two items were previously funded out
of reserves. If the impact of the extraordinary items is eliminated, the resulting "apples-to-apples" comparison
reflects a General Fund budget increase of only 4.1%, which compares favorably to the 4.3% Implicit Price Deflator
that the State has established as a measure of inflation.
About 80% of the overall increase is due to higher costs for existing personnel. Wage increases under
union contracts, similar increases for non-union staff, annual salary steps, higher health insurance costs, and
higher mandated State pension costs all contribute to the increase.
The budget proposes a staffing increase of 1.3 full-time equivalents (FTEs). A full-time budget
analyst/accountant position is proposed in the Finance Department, and the existing recreation supervisor for the
Eagan Art House would move from a .5 (half-time) to a .8 position.
Revenues
The 2008 budget is balanced. As with expenditures, total revenues are estimated to increase 4.9%.
The funding of Eagan's General Fund operations remains heavily reliant on the property tax; 74% of total
estimated revenues are from property taxes. With little reliance on State aid to finance General Fund operations,
Eagan is less prone than most other cities to feel the effects of future State budget crises.
6
Billable City engineering staff services are budgeted $266,000 higher than in 2007 based on the expected
levels of assessable public improvement projects. Previously, much of this work has been contracted out to
consultants, but the City expects to do most of the scheduled engineering work in-house.
User fees comprise the balance of General Fund revenues.
7
FREQUENTLYASKED QUESTIONS (FAQs)
When it comes to answering FAQs, sometimes pictures say it better than words. The charts and tables on
the following pages serve to answer the questions we are commonly asked:
What share of my tax bill goes to the City?
Page 6 - Pie chart illustrating where your property tax dollars go
How is the City share of my tax bill calculated?
Page 7 - Summary of three components of tax calculation
Page 8 - Graphic of tax capacity-based tax calculation
Page 9 - Determining tax capacity of a property
Page 10 - Determining the City's tax capacity rate
How are my City tax dollars being spent?
Page 11 - Pie chart reflecting allocation of 2008 property tax for a $281,208 house
What other revenue sources are used to pay for the proposed
budget?
Page 12 - Pie chart of total revenues by source
Page 13 - Comparative summary of revenues for 2005 and 2006 actual, and 2007 and 2008 (as proposed)
budget.
What amount of spending is proposed for 2008, and how does it
compare to prior years?
Page 14 - Pie chart and table of major expenditure categories
8
Page 15 - Comparative summary of expenditures for 2005 and 2006 actual, and 2007 and 2008 (as
proposed) budget.
How do my City taxes compare with those of other Metro-area
suburbs?
Page 16 - Bar chart comparing Eagan with 17 other area cities
9
Where will your 2008
property tax dollars go?
Calculation is for residential property located in ISD 196.
County City
27%
25%
Schools Other
Other Schools 0
13 /o Voter-
Approved
31%
10
Calculating the City Portion of Property Taxes
There are three basic components to the City tax figure shown in your Proposed Property Tax Statement:
1) Tax capacity-based taxes
This is the more complicated part of the calculation. See graphics on pages 8-10.
2) Market value-based taxes
In a 2000 referendum election, voters authorized the City to issue bonds to develop the
Central Park area and construct a Community Center there. Bonds in the amount of
$13,970,000 were issued in 2001. Bond payments are made from a tax levy that is based
on a property's market value, calculated like this:
MV of MV MV-based
nrnnPrty X tAY rate - taXPc
3) Market Value Credit applied to City portion
(pertains to residential properties only)
Beginning with the payable 2002 property taxes, the State Legislature instituted a market
value credit for homestead property taxpayers. The credit reduces the property taxes. It
11
is calculated as 0.4% of the market value of a homestead up to a maximum credit of $304
for a home valued at $76,000. For homestead values over $76,000, the credit phases
out, on a straight-line basis, to zero for a home valued at $414,000.
The total credit for each homestead is applied on a pro-rata basis to City, County, School District and other
components of the property taxes.
12
Tax Capacity Portion of Property Taxes
Influencing factors:
Property value Total taxes to be General Fd expenditures
generated by Debt service
Dakota Cty Assessor Allocation to capital proj.
levy State aids
Other non-tax revenues
X -
• Influencing factors:
Class rate % Total tax capacity Development/growth
available to Tax class rate changes
State Legislature generate taxes Fiscal disparities
TIF
II II
Tax capacity of City tax capacity rate _ Tax capacity-
your property X for all properties - based taxes
13
Determining Your Property's Tax Capacity
Property value Class rate %
X
Property Class Rates
2007 2008
Residential (both homestead
and non-homestead)
First $500,000 in value 1.00% 1.00%
Over $500.000 1.25% 1.25%
14
Example 1: Residential homestead valued at $281,208:
2008 tax capacity = $281,208 x 1.00% = $2,812
Example 2: Residential homestead valued at $600,000:
$500,000 x 1.00% = $5,000
$100,000 x 1.25% = 1,250
2008 tax capacity = $6,250
15
Determining the City's Tax Capacity Rate
Total taxes to be Total tax capacity
generated by available to
levy : generate taxes
2007 2008 % change
Property tax levy
Operating $22,304,562 $ 23,457,149 5.2%
Debt service 0 0 -
Subtotal 22,304,562 23,457,149 5.2%
Less: Fiscal Disparities
Distribution (1,761,247) (1,938,889) 10.1%
16
2007 2008 % change
Total tax capacity $93,144,662 $ 96,703,773 3.8%
Less: Fiscal Disparities
Contribution (10,735,570) (12,332,367) 14.9%
2007 tax capacity rate = 20,543,315 / 81,417,624 = .25232
17
How are my City tax dollars
allocated?
$731 in taxes on a $281,208 (avg) Eagan home
Capital Equip
Comm Ctr Debt Contingency $28
<$1
Genl Govt $43 Gen Facilities
Bldgs R/R
$14 $14
Parks/Rec Major Street
$95 $68
Public Works
$74
Genl Govt
$135
Public Safety
$259
18
2008 General Fund Revenues
$ 26,688,500
Property Tax
73.8%
Licenses &
Permits
Other 4.4%
3.0%
Transfers
Recreation 9%
Charges r Program
3.5% Charges for Intergov't Revenues
Services Revenue 5.9%
5.3% 2.2%
19
2008 BUDGET
GENERAL FUND
COMPARATIVE SUMMARY OF REVENUES
2005 2006 2007 2008
% Change % of
Actual Actual Budget Budget 2007 to 2008 Total
General Property Taxes $ 17,292,300 $ 18,308,965 $ 19,067,200 $ 19,695,900 3.3% 73.8%
Licenses 248,507 278,974 260,900 264,200 1.3% 1.0%
Permits 1,057,785 974,714 818,600 916,400 11.9%0 3.4%
Intergovernmental Rev 591,389 682,903 568,900 578,900 1.8% 2,2%
Charges for Services 1,310,369 1,189,410 1,157,000 1,415,400 22.3%0 5.3%
Recreation Charges 509,100 523,424 935,200 947,100 1.3% 3.5%
Fines & Forfeits 287,149 287,711 282,100 226,100 -19.9% 0.8%
Other Revenues 381,869 527,382 459,500 569,500 23.9%0 2.1%
Program Revenues 1,309,569 1,250,199 1,447,100 1,580,800 9.2% 5.9%
Transfers 402,392 404,439 452,800 494,200 9.1% 1.9%
TOTAL GENERAL FUND $ 23,390,429 $ 24,428,123 $ 25,449,300 $ 26,688,500 4.9% 100.0%
20
2008 General Fund
Allocation of Expenditures
Building Maint Contingency
2.5% 0.1%
Parks & Rec
16.4%
General Govt
23.4%
Public Works
12.9%
Public Safety
44.7%
21
2008
Comparative Summary of Expenditures
General Fund Budget
2005 2006 2007 2008
Actual Actual Budget Proposed
GENERAL GOVERNMENT
01 Mayor & Council $ 112,577 $ 114,878 127,500 $ 129,900
02 Administration 532,277 536,252 485,200 498,900
03 Information Technologies 1,135,655 1,039,931 1,141,400 1,217,000
04 City Clerk 225,887 269,890 229,000 313,300
05 Finance 821,927 891,262 955,200 1,062,500
06 Legal 478,504 385,199 458,000 470,400
07 Comm Dev--Planning/ED 820,341 816,475 880,100 892,400
08 Comm Dev--Inspections 925,918 958,532 906,300 931,700
09 Communications 401,638 405,039 452,800 485,300
10 Human Resources' 231,800 219,006 241,900 247,600
General Govt Total 5,686,524 5,636,464 5,877,400 6,249,000
PUBLIC SAFETY
11 Police
Administration 477,100 488,700
Investigations' 1,453,100 1,546,900
Patrol 5,739,600 5,996,600
Support Services 2,162,800 2,307,800
Total Police 8,778,307 9,110,628 9,832,600 10,340,000
12 Fire
Administration 1,139,300 1,066,800
Operations 173,800 223,300
Inspections/prevent 228,600 307,800
Total Fire 1,100,820 1,419,512 1,541,700 1,597,900
Public Safety Total 9,879,127 10,530,140 11,374,300 11,937,900
PUBLIC WORKS
21 Engineering 1,206,353 1,306,946 1,138,900 1,190,900
22 Streets & Highways 1,412,795 1,441,983 1,617,400 1,683,000
24 Central Services Maint. 441,541 468,336 531,800 562,100
Public Works Total 3,060,689 3,217,265 3,288,100 3,436,000
PARKS & RECREATION
30 Recreation 2,053,900 2,108,900
31 Parks 1,737,200 1,807,000
Total Parks & Recreation 3,246,190 3,324,818 3,791,100 3,915,900
32 Tree Conservation' 386,240 432,925 464,100 471,600
Parks & Rec Total 3,632,430 3,757,743 4,255,200 4,387,500
GENL GOVT BLDG MAINT
33 Building Maintenance 647,788 613,380 639,400 663,100
Total Expenditures-
General Fund 22,906,558 23,754,992 25,434,400 26,673,500
41 Contingency--undesignated - - 14,900 15,000
Transfer Out 1,575,000 60,507
Total Expenditures + Conting/Trsfrs $ 24,481,558 $ 23,815,499 $ 25,449,300 $ 26,688,500
22
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