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05/16/2000 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING MAY 16, 2000 8:00 P.M. (Change in regular time) I. ROLL CALL & PLEDGE OF ALLEGIANCE fI II. OATH OF OFFICE — Police Officer III. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) IV. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) fQ V. COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS (BLUE) �/ VL CENSUS 2000 UPDATE/COMMUNITY CENTER REFERENDUM UPDATE (BLUE) VII. CONSENT AGENDA (PINK) trA. A. PERSONNEL ITEMS s' AMEND polices and procedures governing application, review and recommendations regarding grant of competitive cable franchises tl / y C. CONTRACT 00-07, approve traffic signal agreement (TH 13/Blackhawk Road) rP/ 5' D. CONTRACT 00-11, approve plans/authorize ad for bids (Fish Lake Water Quality Improvement) /6 E. PROJECT 742, approve easement acquisition agreement (Wescott Woodlands — Carriage Hills Golf Course Utilities) d / /F. CONTRACT 00-07, approve limited use permit (TH 13 - Trail) P/ G. CONTRACT 00-08, receive bids/award contract (Chapel Hill Baptist Church — Utilities) P? OH. CONTRACT 98-24, approve Change Order No. 2 (Blue Water Road/Blue Gentian Road — Street & Utility Improvements) 4.5-1. PROJECT 789, receive feasibility report/schedule public hearing/authorize ad for bids (Lone Oak Circle — Street Overlay) b p 6j J. PROCLAMATION observing Pause for the Pledge of Allegiance on June 14 at 6:00 p.m. Fc) 9 K. FINAL PLAT, Oak Hills Church — Oak Hills Church, Inc. P 3 / L. ON -SALE liquor license for Cooper's Restaurant VIII. 8:15 - PUBLIC HEARINGS (SALMON) f/3 3 oZ A. APPROVE 5 year Capital Improvement Program (2001-2005), Part III (Excluding Parks) B. PROJECT 750, TH 55 & Blue Water Road (Access Modifications & South Frontage Road) p y C. VACATE public drainage and utility easement (Lot 27, Block 1, Canterbury Forest) and VARIANCE — Greg Haupt to the required five foot sideyard setback for a garage, located at 1067 Tiffany Drive in the SW 1 of Section 26 pS D. VARIANCE — Custom Homes, Inc., to exceed the maximum 20% lot coverage for a single family residential property by one percent on Lot 13, Block 1, Southern Lakes West, located at 4521 Alicia Drive in the SE 1/4 of Section 25 IX. OLD BUSINESS (ORCHID) p6IA. PROJECT 742, cancel final assessment hearing, (Wescott Woodlands — Streets and Utilities) X. NEW BUSINESS (TAN) iqtc pb�A. pci6D. CONSIDER local primary election DRIVEWAY Access Request - Collector Street (Denmark Avenue — Gary Bisbee) COMPREHENSIVE GUIDE PLAN AMENDMENT to amend the use of 1.3 acres from IND (Industrial) to D-1 Single Family (0-3 units/acre) and a PRELIMINARY SUBDIVISION (Spencer Springs) to create two single family lots, located at 3786 Nicols Road in the SW 1 of Section 8 PRELIMINARY SUBDIVISION (Safari at Eagan 3rd Addition) of approximately seven acres to create three lots and a PLANNED DEVELOPMENT AMENDMENT to allow a parking lot, office building and a restaurant, legally described at Outlot A, Safari at Eagan, located on the north side of Cliff Road, abutting the west side of Thomas Center Drive in the SW 1 of Section 28 1)/415 E. CONSIDER ARC recommendation regarding Part 150 land use options XI. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XII. ADMINISTRATIVE AGENDA (GREEN) XIII. VISITORS TO BE HEARD (for those persons not on agenda) XIV. ADJOURNMENT XV. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard fo 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. Updated 5/11/00 - 3:40 p.m. city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 12, 2000 SUBJECT: AGENDA INFORMATION FOR MAY 16, 2000 CITY COUNCIL MEETING OATH OF OFFICE Deputy City Clerk Karels will be administering the Oath of Office to our newest police officer, Hugh Curry. ADOPT AGENDA/APPROVE MINUTES The minutes of the May 2, 2000 regular City Council meeting and the minutes of the April 11, 2000 special City Council meeting will be included with the Additional Information Memo on Monday. After approval is given to the May 16, 2000 City Council agenda, the following items are in order for consideration. COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS Recently, Channel 5 had a short news clip featuring our Building Inspection/Fire Marshal entitled "Fire and Building Inspectors in Eagan are Working Together to Improve Fire Safety," regarding structural/design changes the staff had recommended at Promenade Oaks apartment complex which proved to provide better protection in an actual structural fire. The news clip was generated by a column which ran in the Spring 2000 Experience Eagan. The news clip will be shown at the meeting. Agenda Information Memo May 16, 2000 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. PERSONNEL ITEMS Item 1. Seasonal Lifeguards/Cascade Bay -- ACTION TO BE CONSIDERED: To approve the hiring of Jennifer Bolint, Ranae Thorman, Jessica Ofstedahl, Thomas Halter, Amber Cohen, Nikki Christle, Allison Klee, Mamie Gulsvig and Paul Buske as seasonal lifeguards for Cascade Bay. Item 2. Seasonal Concessionaires/Cascade Bay -- ACTION TO BE CONSIDERED: To approve the hiring of Sarah Roth, Dane Sandvik, Jenna Clark and Lauren Wilken as seasonal concessionaires for Cascade Bay. Item 3. Seasonal Guest Services Workers/Cascade Bay -- ACTION TO BE CONSIDERED: To approve the hiring of Josh Mills, Crystal Creighton and Kathryn Hern as seasonal guest services workers for Cascade Bay. Item 4. Seasonal Operations/Maintenance Workers/Cascade Bay -- ACTION TO BE CONSIDERED: To approve the hiring of Nicholas Lough, Bryce Zachery, Justin Page, Sean Cosgrove and Nick Boland as seasonal operations/maintenance workers for Cascade Bay. Item 5. Seasonal Forestry Technicians -- ACTION TO BE CONSIDERED: To approve the hiring of Eric Freeman and Richard Runde as seasonal forestry technicians. .2 Agenda Information Memo May 16, 2000 Eagan City Council Meeting Item 6. Seasonal Park Attendant -- ACTION TO BE CONSIDERED: To approve the hiring of Paul Robertson as a seasonal park attendant. Item 7. Part-time Seasonal Park Maintenance Workers -- ACTION TO BE CONSIDERED: To approve the hiring of Alexis Drews, John O'Toole and Jeffrey VanOverbeke as part-time seasonal park maintenance workers. Item 8. Seasonal Water Resources Assistant -- ACTION TO BE CONSIDERED: To approve the.hiring of Aaron Mlynek as a seasonal water resources assistant. Item 9. Temporary Recording Secretary -- ACTION TO BE CONSIDERED: To approve the hiring of Mira Broyles as a temporary recording secretary. Item 10. Temporary Planning Intern/Weed Inspector -- ACTION TO BE CONSIDERED: To approve the hiring of Tanda Gretz as a temporary planning intern/weed inspector. Item 11. Temporary Building Inspector -- ACTION TO BE CONSIDERED: To approve the hiring of Carl Rascher as a temporary building inspector. Item 12. Resignation/Utility Maintenance Worker -- ACTION TO BE CONSIDERED: To accept the letter of resignation from Kevin Crooks, utility maintenance worker. 3 Agenda Information Memo May 16, 2000 Eagan City Council Meeting Item 13. Time Spent Profile (TSP) Adjustments -- ACTION TO BE CONSIDERED: To approve the Time Spent Profile (TSP) adjustments for the Community Development Department GIS Technician from Range G to Range H and the Community Development Clerical Technician II to Clerical Technician III. FACTS: • At the request of their supervisors because tasks performed by the above employees had changed, the TSP's were reviewed and were determined to have changed. • Special Note: The TSP for the secretary in the Community Development Department is currently being reviewed. If any change is recommended, this item will be placed under Additional Information with the Administrative Packet on Monday. Agenda Information Memo May 16, 2000 Eagan City Council Meeting B. AMEND POLICIES AND PROCEDURES GOVERNING APPLICATION, REVIEW AND RECOMMENDATIONS REGARDING GRANT OF COMPETITIVE CABLE FRANCHISES ACTION TO BE CONSIDERED: Approve amendment to the City's Policies and Procedures Governing Application, Review and Recommendations Regarding Grant of Competitive Cable Franchises. FACTS: In anticipation of a possible request for a competitive cable TV franchise, and based on the Burnsville/Eagan Telecommunications Commission recommendation, the City adopted in November, 1998 the Policies and Procedures Governing Application, Review and Recommendations Regarding Grant of Competitive Cable Franchises (Policy). Recently, WideOpenWest officially requested a cable television franchise from the Telecom Commission. As a result, the Commission's legal counsel and staff reviewed the existing Policy. Even though the Policy is only 18 -months old, there have been recent competitive applications in other jurisdictions, both state and national, that have provided insight into how these matters proceed, both judiciously and practically. Based on this review, it was determined that the Policy should be amended. At the Telecom Commission's April 27 meeting, the Commission officially recommended that the Member Cities amended its existing Policy. In essence, the Policy better serves the interests of the City, including the provision of a more defined application process, including the State's requirement for publication of requests for franchise proposals, and the reimbursement of Commission and City costs associated with the review and granting of a franchise. Attached is a copy of the "redlined" Policy, comparing current to proposed. Please note: the new Policy authorizes the "Commission" as the legal body to process, receive and administer the competitive cable television franchise process. However, as was the case with the franchise renewal, final granting of a competitive franchise is still the domain of the City. ATTACHMENT: Amended Policy enclosed on pages 6 through 13 MAY.10.2000 5:24PM JON J ARCAND & ASSOC {April 3,} [ ,] 2000 NO.208 P.2/9 THE +EF sMINNESOTA,}[[INSERT NAME OF COMMISSION]] POLICIES AND PROCEDURES GOVERNING APPLICATION, REVIEW AND RECOMMENDATIONS REGARDING GRANT OF COMPETITIVE CABLE FRANCHISES Preamble between-the-Gity-}E (the "Commission"), on behalf of the Cities of (collectively, the "Member Cities" or "Member City," as the context dictates), administers the cable television Franchises between the Member Cities] and the current cable franchisee. The , [Commission, acting pursuant to a Joint and Cooperative Agreement and authority delegated by the Member Cities thereunder, is responsible for receiving and reviewing cable Franchise applications and for making recommendations to its Member Cities. Only the Member Cities may grant a Franchise].[ ]Modem telecommunications policy, law and regulations encourage the emergence of competition in all telecommunications markets. Increased competition in the provision of all [forms of] telecommunications [and video] services is expected, including in the provision of cable television service. The emergence of such competition could increase the quality and availability of enhanced telecommunications [and video] services via [Cable Systems], encourage lower rates, encourage better customer service, and generally benefit consumers. Policies and procedures regarding application for and review of applications for competitive cable Franchises will streamline the processing of requests to {p ie -such [construct broadband Cable Systems]. In view of the foregoing, the (City} [Commission] has formulated policies and procedures ... [that govern the submission and review of cable Franchise applications submitted by Applicants seeking to provide Cable Service in all the Member Cities. Pursuant to these Policies and Procedures the Commission] has delineated the information which must be provided in an application for a competitive Franchise, detailed a process for review of such application and negotiation of the terms of {the} [a] 6 MAY.10.2000 5:24PM JON J ARCAND & ASSOC NO.208 P.3/9 Franchise agreement, and provided for the presentation of a formal recommendation regarding the grant of such [Franchises] to the *Ay} [Member Cities]. Section 1. Definitions "Applicant" shall mean a Cable Company that files an Application with the {City} [Commission]. "Application" shall mean the information, documentation, and data, of the form and substance required herein, filed by a Cable Company with the {C-ity} [Commission] requesting the {} [Commission's] consideration regarding [any recommendation to] grant } comapetitive [Franchises in the Member Cities]. "Application Fee" shall mean a fee which is intended to cover all costs incurred by the {City) [Commission and the Member Cities] related to processing Applications up to and including the grant of a Franchise (if any) including, but not limited to, staff and attorney's time in reviewing and considering an Application and related information, negotiating the terms and conditions of Franchises, and preparing recommendations, Franchises and other documentation related to such Application. "Cable Company" shall mean any person [or entity] owning [a significant interest in], controlling, operating, managing or leasing a Cable System [(or any components thereof in the Public Rights -of -Way)] within the state or any person seeking a Franchise -fertmtheritatietrte close.-). [to do so.] include:). ["Cable Service" shall mean (1) the one-way transmission to Subscribers of video programming or other programming services; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services. For purposes of these Policies and Procedures, "Cable Service" includes, but is not limited to, the provision of Internet service over a Cable System.] (d)} ["Cable System" shall mean the facility of a Cable Company consisting of a set of closed transmission paths and associated signal generation, reception and control -3- MAY.10.2000 5:24PM JON J ARCAND & ASSOC NO.208 P.4/9 equipment that is designed to provide Cable Service, which includes video programming and which is provided to multiple Subscribers within the Member Cities, but such term does not include: (1) a facility that only serves to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves Subscribers without using any Public Rights -of -Way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such facility shall be considered a System if such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on -demand services; (4) an open video system that complies with 47 U.S.C. § 573; (5) any facilities of any electric utility used solely for operating its electric utility system; or (6)1 a translator system which receives and rebroadcasts over -the -air signals. [A reference to a Cable System in these Policies and Procedures refers to any part of such System including, without limitation, converters. The foregoing definition of "System" shall not be deemed to circumscribe or limit the valid authority of the Member Cities to regulate or franchise the activities of any other communications system or provider of communications service to the full extent permitted by law.] "Franchise" shall mean any [nonexclusive] authorization granted by [each of] the {trite} [Member Cities] in the form of a Franchise, privilege, permit, license or other municipal authorization to construct, [own, control,] operate, maintain, or manage a Cable System [within the Public Rights -of -Way to provide Cable Service within a Member City. "Institutional Network" shall mean a discrete communications network provided by a Cable Company to institutions designated by the Commission or the Member Cities, as provided in a Franchise ordinance]. "Policies and Procedures" shall mean these policies and procedures governing the {City's} [Commission's] processing of Applications for Franchises. ["Public Rights -of -Way" shall mean the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, avenue, boulevard, drive, concourse, bridge, tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within a Member City in which the Member City now or hereafter holds any property interest, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created, obtained or dedicated, may be used for the purpose of installing, operating and maintaining a Cable System. No reference in these Policies and Procedures to a "Public Right -of -Way" shall be deemed to be a representation or guarantee by a Member City that its interest in or other right to control the use of such property is sufficient to permit use of the property for the purpose of installing, operating and maintaining a Cable System. "Subscriber" shall mean any person or entity who receives service via a Cable System. In the case of multiple office buildings or multiple dwelling units, the term "Subscriber" -4- MAY.10.2000 5:25PM JON J ARCAND & ASSOC means the lessee, tenant or occupant.] Section 2. Applicability of Policies and Procedures NO.208 P.5/9 These Policies and Procedures apply to every Cable System and every Cable Company, including a Cable Company which constructs, operates {anti} [and/or] maintains a Cable System (or provides Cable Service] in whole or in part through facilities owned[, controlled, managed] or operated by another provider, that seeks to operate within the territorial limits of {the City} [one or more Member Cities]. Authority: Minn. Stat. § 238.03 Section 3. Franchise requirement Subd. 1. In accordance with state and federal law, {the} [a Member] City shall require a Franchise of any Cable [Company or Cable] System providing {aerwiee} [Cable Service] within {titeeunieipa (its territorial limits]. Subd. 2. Nothing in these Policies and Procedures shall be construed to limit the {City [Member Cities' or the Commission's authority] to construct, purchase, and operate a Cable System or otherwise provide any telecommunications {seMees} [or Cable Services] either for internal {-m ieipakf purposes or for sale to the public. ' ' al Authority: Minn. Stat. § 238.08 Section 4. Application for Franchise Subd 1. [In the event a Member City or the Commission] receives notice that a Cable Company is interested in applying for a Franchise{;} [in] the (Member] City(, the Commission] shall publish [a] notice of intent to [Franchise] within a reasonable time and in accordance with Minn. Stat. § 238.081, subd. 1[, -5- MAY.10.2000 5:25PM JON J ARCAND & ASSOC NO.208 P.6/9 which requires publishing notice of intent to Franchise each week for two successive weeks, allowance of 20 days from initial publication for submission of Applications and a public hearing at least seven days before introduction of the Franchise into proceedings of a Member City]. Subd. 2. Review of Applications. Applications for a competitive Franchise shall contain such information as is required below in these Policies and Procedures and shall be submitted to the (City} [Commission]. Review by the {Ci -} [Commission] of any Applications pursuant to these Policies and Procedures and final determination by the {City- [Member Cities] regarding whether to Franchise such Applicant(s) may be based on any relevant factors. Such relevant factors may include comparisons of the level and quality and nature of {servieey} [Cable Services] proposed by the Applicant to that provided by the incumbent Cable Company, the needs and interests of the community and institutions[,] as identified solely by the {City) [Member Cities and the Commission], and information regarding industry trends, state of the art technologies, services and other related information. Subd. 3. Public Hearing on Applications. A public hearing before the {City) [Commission' affording reasonable notice and a reasonable opportunity to be heard with respect to an Application shall be scheduled 6]. [in accordance with Minn. Stat. § 238.081, Subd. Subd. 4. Negotiation of Franchise Terms. During the period {afu _ prior to the public hearing on the Application{;}[(s),1 the responsible {£City} [Commission] employee(s) and Applicant[(s)] may negotiate specific Franchise terms and conditions for recommendation and presentation to the {City) [Commission and ultimately the Member Cities]. In addition, during this period the responsible f£ity} [Commission] employee(s) shall review the Application[(s)] and may request such additional information necessary to make final recommendations to the } [Commission and ultimately the Member Cities], Subd. 5. Determinations. Determinations by the responsible (City} [Commission] employee(s) regarding the qualifications of Applicant(s) and recommendations to the {City} [Member Cities] regarding grant of a Franchise shall be made based on information provided by the Applicant[(s)J as required herein and such other information which the responsible feity} [Commission] employee(s) deem relevant in their sole discretion. The responsible } [Commission] employee(s) may, in their sole discretion, consider information developed during any negotiations with the Applicant [(s)] and any information or evidence adduced by the incumbent Cable Company. [After] the public hearing [referenced in Subd. 3,1 the responsible {City} [Commission] employee(s) shall issue written recommendations to the [Commission for review and possible transmittal to the Member Cities]. These recommendations may include +a -6- /0 MAY.10.2000 5:26PM JON J ARCAND & ASSOC recommended to the Member Cities for adoption.] NO.208 P.7/9 [Franchise documents to be potentially Subd. 6. Award of Franchise. A Franchise may be awarded only by an ordinance {issued} [adopted] by {the}- [each Member] City. Subd. 7. Costs of Reviewing Application and Issuing Franchise. The Applicant shall pay the Application Fee required below. The Application Fee is required for the purpose of [reimbursing the Member Cities and the Commission] for ail costs associated with processing Applications pursuant to these Policies and Procedures{. M the t } [through and including any granting of a Franchise. Any] portion of the Application Fee which remains after payment of all the {City's} [Member Cities' and the Commission's] costs will be reimbursed to the Applicant. Should the Application Fee not cover the expenses of the } [Member Cities and the Commission], those unreimbursed expenses shall be reimbursed prior to any consideration of the [Franchises] by the } [Member Cities]. A successful Applicant shall be fully responsible to reimburse the -(City}' [Member Cities and the Commission] for all costs of awarding the {-Frse} [competitive Franchise(s)]. Subd. 8. Franchising nonprofit or municipally -owned system. Nothing contained in this Section prohibits the f C ty} [Member Cities] from franchising a nonprofit or municipally -owned system. The municipality or nonprofit entity shall be considered an Applicant subject to these Policies and Procedures. Authority: Minn. Stat. § 238.081 Section 5. Information Required in Application. An Application for a competitive Franchise must be signed by an authorized officer or principle of the Cable Company and be notarized and must include at least the following: (1) A statement that the Applicant seeks to construct a Cable System and {provide , [to provide Cable Services within specifically identified Member Cities;] [(2) the name, street address, e-mail address] and telephone number of the individuals who [are authorized to provide and certify information on behalf of the Applicant;] `'i[(3) plans for analog and digital] channel capacity, including both the total number of [analog and digital] channels capable of being -7- 1/ MAY.10.2000 5:26PM JON J ARCAND & ASSOC NO.208 P.8/9 energized in the system and the number of [analog and digital] channels to be energized immediately; (4) a statement of the television and radio signals for which permission to carry will be requested from the Federal Communications Commission, or any other required regulatory agency; (5) a description of the proposed system design and planned operation, including at least the following items: (i) the general area for location of antennae and the head end, or description of programming delivery plan if otherwise; (ii) the schedule for activating two-way capacity and any other system capacity to be activated in conjunction with the Cable System; (iii) the type of automated services to be provided; (iv) the minimum number of video channels, other Cable Services, and other kinds of services to be made available to residents; (v) the number of channels and services to be made available for community/access programming; and (vi) a plan for funding of facilities and staff for community/access programming and/or a plan for interconnection and provision of such programming in cooperation with the incumbent Cable Company. (6) plans for the provision of Institutional Network capacity and services or other "in-kind" services and the terms, conditions and technical standards under which particular service is to be provided to governmental, educational, and other institutional entities; (7) a list of all institutions receiving Institutional Network service; (8) a schedule of proposed rates in relation to the services to be provided, and a proposed policy regarding unusual or difficult connection of services; (9) a time schedule for construction of the entire system with the time sequence for wiring the various parts of the prepas ads;} [areas to be served;] ' [(10) information supporting and indicating the Applicant's financial, technical and legal] qualifications and experience in the cable communications field, if any; (11) an identification of the municipalities in which the {applicant,} [Applicant] either owns or operates a Cable System, directly or indirectly, or has outstanding Franchises for which no -system has been built; (12) detailed plans for financing of the proposed system, which must indicate every significant anticipated source of capital and significant limitations or conditions with respect to the availability of the indicated sources of capital; (13) a statement of ownership detailing the corporate organization of the {applicant) [Applicant], if any, including the names and addresses of officers and directors and the number of shares held by each officer or director, and intracompany -8- is MAY.10.2000 5:26PM JON J ARCAND & ASSOC NO.208 P.9/9 relationship including a parent, subsidiary or affiliated company; (14) a statement of a form and substance acceptable to the {City} [Member Cities and the Commission] indemnifying the {City}* [Member Cities and the Commission] fully against any claims or liabilities alleged as the result of {City's) [the Member Cities' and the Commission's] exercise of these Policies and Procedures[,] including any such claims or liabilities alleged or asserted by the incumbent Cable Company; (15) an agreement to pay the *kit} [Member Cities and/or the Commission] a Franchise fee in the same percentage of gross revenues as the incumbent providers; (16) a notation and explanation of omissions or other variations with respect to the requirements of the Application; and (17) submission of an Application Fee in the amount of -{-S-1-0;000700 } [S50,000.00] . Authority: Minn. Stat. § 238.081, Subd. 2 and 4. U:tgblo\CAELE COMPETITNE FRAN. POLICY COMPARE] [ -9- /3 Agenda Information Memo May 16, 2000 C. CONTRACT 00-07, TH 13BLACKHAWK ROAD SIGNAL TRAFFIC SIGNAL AGREEMENT ACTION TO BE CONSIDERED: To approve a Traffic Control Signal Agreement for Contract 00-07 (TH 13/Blackhawk Road — Divided Four -Lane Upgrade) with the Minnesota Department of Transportation and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) in the proposed upgrade of State Trunk Highway 13 to a four -lane divided highway between Silver Bell Road and Yankee Doodle Road. • The upgrade of Trunk Highway 13 includes the installation of a new traffic control signal at the intersection of TH 13 and Blackhawk Road with street lights, emergency vehicle pre- emption, interconnection and signing at the intersection. • An agreement between the City of Eagan and the Minnesota Department of Transportation has been prepared providing for the cost, maintenance, and operation of the traffic signal improvements. • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. /z Agenda Information Memo May 16, 2000 D. CONTRACT 00-11, FISH LAKE WATER QUALITY IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 00-11 (Fish Lake Outlet Pumping Station — Water Quality Improvements) and authorize the advertisement for a bid opening to be held at the Eagan maintenance facility at 10:30 a.m. on Thursday, June 1, 2000. FACTS: • Contract 00-11 provides for the construction of a new stormwater lift station and associated force main improvements on the west end of Fish Lake, as outlined and discussed in the preliminary engineering report prepared by Bonestroo, Rosene, Anderlik, and Associates. • The purpose of the pumping station is to enable the normal surface water level of Fish Lake to be lowered temporarily up to 6 feet, in the fall every 2-3 years as needed, to expose to lethal freezing temperatures nuisance aquatic vegetation (curlyleaf pondweed) that is impairing the water quality of the lake. • On May 10, 2000, City staff facilitated a public information meeting to discuss the proposed improvements for Fish Lake. Lakeshore residents were individually invited to the meeting and the Eagan community at -large was notified via a local newspaper. Eleven residents, including adjacent property owners and recreational users, attended the open house. The residents were supportive of the City's efforts to improve the water quality. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. /S Agenda Information Memo May 16, 2000 E. PROJECT 742, WESCOTT WOODLANDS EASEMENT AGREEMENT ACTION TO BE CONSIDERED: To approve an Easement Acquisition Agreement for Parcels 10-01400-010-25 and 10-01400-010-50 (Carriage Hills Country Club) regarding said easements for Project 742 (Wescott Woodlands — Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 742 provided for the installation of streets and utilities for the upgrade of Wescott Woodlands in conjunction with the development of Royal Oaks (North '/2 of Section 14). • On July 7, 1998, after the close of the public hearing and approval of Project 742, the City Council authorized condemnation proceedings for the acquisition of public right-of-way and easements, if necessary. A number of new public easements for Project 742 were included within the Carriage Hills Country Club property. • The Rahn Family Limited Partnership recently acquired complete ownership of Carriage Hills Country Club, 3535 Wescott Woodlands (Parcels 10-01400-010-25 and 10-01400-010- 50). The Rahn Family has been operating the golf course since before the initiation of Project 742. At the Rahn Family's request, staff has held off on the negotiations for the easement acquisition until the ownership transaction was completed. • An agreement between the City of Eagan and the Rahn Family Limited Partnership has been prepared providing for the acquisition of these needed public easements. • Public Works staff and the City Attorney's office have reviewed this agreement and found it to be in order for favorable Council action. /6 Agenda Information Memo May 16, 2000 F. CONTRACT 00-07, TRUNK HIGHWAY 13 LIMITED USE PERMIT ACTION TO BE CONSIDERED: To approve a Limited Use Permit for Contract 00-07 (TH 13/Blackhawk Road — Divided Four -Lane Upgrade) with the Minnesota Department of Transportation and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) in the proposed upgrade of State Trunk Highway 13 to a four -lane divided highway between Silver Bell Road and Yankee Doodle Road. • The upgrade of Trunk Highway 13 includes the installation of a new bituminous trail on the south side of TH 13 as part of the City of Eagan's trail system. • In accordance with Minnesota State Statutes, a Limited Use Permit is required between the City of Eagan and the Minnesota Department of Transportation to allow the construction, maintenance, and operation of a trail within state highway right-of-way. • City staff have reviewed this permit and found it to be in order for favorable Council action. Agenda Information Memo May 16, 2000 G. CONTRACT 00-08, CHAPEL HILL BAPTIST CHURCH SANITARY SEWER & WATER IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the bids for Contract 00-08 (Chapel Hill Baptist Church — Sanitary Sewer & Water Improvements), award the contract to Burschville Construction for the Base Bid in the amount of $29,584, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On November 5, 1999, city staff received a petition from Jamie Booth, Deacon of Facilities, representing Chapel Hill Baptist Church, 1488 Pilot Knob Road, requesting the installation of sanitary sewer and water main for the church. • On March 6, 2000, the City Council authorized the extension of the public utility mains to Chapel Hill Baptist Church (Project 787) and directed the preparation of detailed plans and specs. • On April 18, the Council approved the plans for Contract 00-08 and authorized the advertisement for solicitation of competitive bids. At 11:00 a.m. on May 11, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and arithmetic. The low bid from Burschville Construction has been reviewed by the Engineering Division and found to be in order for favorable Council action. • Easements through the adjacent properties have been acquired as needed for the construction of the improvements. ATTACHMENTS: • Bid Recommendation, pages / 4irough- /8 BID SUMMARY Chapel Hill Baptist Church Utility Extensions City Project No. 787 City Contract No. 00-08 Bid Date: Thursday, May 11, 2000 Bid Time: 11:00 a.m. Contractors Total Base Bid 1.) Burschville Construction 2.) Widmer, Inc. 3.) Ryan Contracting, Inc. 4.) Brown & Cris, Inc. 5.) Shurcon, Inc. $29,584.00 $32,599.68 $39,596.00 $42,215.52 $70,746.00 Chapel Hill Baptist Church Utility Extensions — Project 787 Low Bid $29,584 Feasibility Report Estimate $25,080 Percent Over Estimate 18.0% Engineer's Estimate $26,140 Percent Over Estimate 13.2% ao Agenda Information Memo May 16, 2000 H. CONTRACT 98-24, BLUE GENTIAN ROAD & BLUE WATER ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 98-24 (Blue Gentian Road and Blue Water Road — Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 98-24 provides for the new construction of the street and utilities for Blue Water Road as outlined and discussed in the feasibility report for Project 746 and a portion of the realigned Blue Gentian Road as presented in the feasibility report for Project 745. • The revisions detailed in the change order address the addition of items of work that were not originally anticipated or omitted from the original scope of the Contract plans and specifications. These items include the placement of select granular borrow in the roadways, the construction of additional erosion control measures, and the construction of driveways to serve the adjacent development, along with associated labor and materials. • The cost of the work is consistent with bid prices for relevant bid items on other projects within the city. • This 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 $64,791.08 (10.15% of original contract). The associated cost will be the responsibility of the Special Assessments. ATTACHMENTS: Change Order No. 2, pages p1 through a f . ao CITY OF EAGAN SRF No. 0983085 CONTRACT #: 98-24 CHANGE ORDER #: 2 PROJECT #: 745/746 DATE: May 2, 2000 PROJECT NAME: Blue Gentian Road and Blue Water Road PROJECT DESCRIPTION The project consists of site grading, sanitary sewer, water main, storm sewer, curb and gutter, and paving for the road reconstruction and utility installation to serve the Blue Gentian Road and Blue Water Road area. CONTRACTOR: Northdale Construction Company, Inc. 14450 Northdale Boulevard Rogers, MN 55374 ENGINEER: SRF Consulting Group, Inc. One Carlson Parkway, Suite 150 Minneapolis, MN 55447 DESCRIPTION OF CHANGE ORDER WORK This Change Order consists of adding several items of additional work that were either not originally anticipated or omitted from the original scope of the Contract plans and specifications. The additional items included remobilization, select granular borrow, erosion control blanket, silt fence, concrete driveway pavement, culvert bulkhead, bituminous mixture for driveways, and crew/equipment time. This Change Order also consists of revising the project completion date to June 15, 2000, and revising the unit price of the Type 41 Wearing Course Mixture. Change Order No. 2 - 2 - May 2, 2000 JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER The addition of this Change Order is necessary due to the addition of constructing and paving a cul-de-sac at the easterly end of Old Blue Gentian Road. Other items omitted or not originally anticipated include a pipe apron and bulkhead installed in place of the proposed pond outlet structure, concrete entrances and bituminous mixture for driveway pavement for the adjacent commercial driveways, and silt fence and erosion control blanket to control and to protect against potential erosion into the O'Neil Pond. Additionally, select granular borrow was necessary due to lack of select granular on site. The change in the project completion date is necessary due to the City of Eagan Engineering Standards requiring no wear course permitted to be paved until the project utility work has gone through a freeze -thaw cycle. DESCRIPTION OF WORK ITEMS BLUE WATER ROAD — PROJECT NO. 746 Item No. Description 2501.602 2501.515 2531.507 2573.502 2575.604 2331.508 2331.508 2105.522 Unit Unit Price Ouantitv Amount 1) INSTALLING & BULKHEADING AROUND 900mm APRON AT PROPOSED BUT DELETED POND OUTLET STRUCTURE LOCATION Bulkhead Culvert Each $ 750.00 900mm RC Pipe Apron Each $1,438.15 Remobilize Lump Sum $1,886.85 2) INSTALLING COMMERCIAL - INDUSTRIAL CONCRETE ENTRANCES. 175mm Concrete Driveway Pavement 3) INSTALLING EROSION CONTROL MEASURES ADJACENT TO O'NEIL POND & IN BLUE WATER ROAD DITCH. Silt Fence, Type Pre -Assembled Erosion Control Blanket 4) EXCAVATING UNSUITABLE MATERIAL BELOW SANITARY SEWER AT BLUE WATER ROAD/BLUE GENTIAN ROAD INTERSECTION. Crew/Equipment Time 5) WEAR COURSE UNIT PRICE REVISION. Type 41 Wearing Course Mixture Type 41 Wearing Course Mixture 6) SELECT GRANULAR BORROW Select Granular Borrow (cv) as m2 m m2 Hour t t $ 49.95 $ 12.50 $ 3.50 1 1 1 $ 750.00 $ 1,438.15 $ 1,886.85 117 $ 5,844.15 10 $ 125.00 1,921 $ 6,723.50 $ 570.33 5.25 $ 2,994.23 $ 27.48 -632 ($17,367.36) $ 34.20 632 $21,614.40 m3 $ 5.53 1191 $ 6.586.23 $30,595.15 Change Order No. 2 3 May 2, 2000 BLUE GENTIAN ROAD — PROJECT NO. 745 Item No. Description Unit Unit Price Ouantitv Amount 7) GRADING OF CUL-DE-SAC. Crew/Equipment Time Hour $ 416.92 10 $ 4,169.20 8) PAVING BITUMINOUS DRIVEWAYS. 2331.525 Type 31 Bituminous Mixture for Driveways m2 $ 29.50 94 $ 2,773.00 9) PAVING CUL-DE-SAC. 2331.508 Type 41 Wearing Course Mixture T $ 27.58 44 $ 1,209.12 2331.514 Type 31 Base Course Mixture T $ 22.36 30 $ 670.80 2357.502 Bituminous Material for Tack Coat L $ 0.52 76 $ 39.52 Remobilize Lump Sum $1,750.00 1 $ 1,750.00 10) INSTALLING COMMERCIAL - INDUSTRIAL CONCRETE ENTRANCES. 2531.507 175m Concrete Driveway Pavement m2 $ 49.95 323 $16,133.85 11) INSTALLING EROSION CONTROL MEASURES ADJACENT TO CUL-DE-SAC 2575.604 Erosion Control Blanket m2 $ 3.50 96 $ 336.00 12) WEAR COURSE UNIT PRICE REVISION 2331.508 Type 41 Wearing Course Mixture T $ 27.48 -444.8 ($12,223.10) 2331.508 Type 41 Wearing Course Mixture T $ 34.20 444.8 $15,212.16 13) SELECT GRANULAR BORROW 2105.522 Select Granular Borrow (CV) M3 $ 5.53 746 $ 4.12538 $34,811. 4 A,3f� /9C.93 Net Amount of Change Order No. 2 $64,791.08 a� Change Order No. 2 - 4 May 2, 2000 CONTRACT STATUS TIME/COMPLETION DATE Original Contract: October 31, 1999 Change Order No. 1: Change Order No. 2: Subtotal of Previous Change Order: This Change Order: New Subtotal of All Change Orders Revise Contract October 31, 1999 October 31, 1999 Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: RECOMMENDED FOR APPROVAL By: S E4 • tE,U.E.A SRF Consulting Group, By: Northdale Construction Company, Inc. By: City Department Manage /Date: s ,./- 00 AMOUNT $638,129.03 $ 48,581.44 $ 64,791.08 $ 48,581.44 $ 64,791.08 $113,372.52 $751,501.55 /Date: T'- OC! 't /Date: 5- S -oma City of Eagan Council Action: Mayor: Clerk: Approval Date: DISTRIBUTION 1 - City 2 - Contractor 1 - Engineer 0 v Agenda Information Memo May 16, 2000 I. PROJECT 789, LONE OAK CIRCLE STREET OVERLAY ACTION TO BE CONSIDERED: To receive the feasibility report for Project 789 (Lone Oak Circle — Street Overlay), schedule a public hearing to be held on June 5, 2000, authorize the preparation of detailed final plans and specifications, and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, June 15, 2000. FACTS: • On October 21, 1997, the City Council approved Project 668 (Lone Oak Road, Neil Armstrong Blvd. to Hwy. 55/149 - Divided Four -Lane Upgrade), including the overlay of Lone Oak Circle. • In 1999, the reconstruction of Lone Oak Road was substantially completed. At the time of this construction, additional deficiencies on Lone Oak Circle were recognized, but said needs were beyond the scope of improvements included as a part of Project 668. Since the needed improvements were assessable, it was decided to delete the Lone Oak Circle improvements from the contract for Lone Oak Road. • Due to the proposed assessments for the recommended improvements on Lone Oak Circle, it is necessary to schedule a new Public Hearing for Project 789. • An informational neighborhood meeting will be held with the adjacent property owners on May 30, 2000, at 4:30 p.m. in Conference Room 1A/B to review and discuss the proposed improvements. • This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • In order to have the project constructed within the 2000 construction season, plans and specifications need to be prepared and an advertisement for solicitation of competitive bids authorized prior to the public hearing. Any revisions or deletions to the scope of the project discussed at the public hearing could still be addressed by an addendum prior to the bid opening. • It is recommended that this project be combined with Projects 780 and 782 as one contract. ATTACHMENTS: • Feasibility Report, attached without page numbers. 075 Agenda Information Memo May 16, 2000 Eagan City Council Meeting .3 S. PROCLAMATION OBSERVING PAUSE FOR THE PLEDGE OF ALLEGIANCE ON JUNE 14 AT 6:00 P.M. ACTION TO BE CONSIDERED: To proclaim June 14, 2000 at 6:00 p.m. to be a time to "Pause for the Pledge of Allegiance" in the City of Eagan. FACTS: • The City is in receipt of correspondence from the National League of Cities requesting Eagan proclaim 6:00 p.m. on Wednesday, June 14, Flag Day, as the "Pause for the Pledge of Allegiance." ATTACHMENTS: • Proclamation on page') 2 . • NLC Correspondence on page . O . at. CITY OF EAGAN PROCLAMATION ANNUAL NATIONAL PAUSE FOR THE PLEDGE OF ALLEGIANCE TO THE FLAG National Flag Day - June 14, 2000 @ 6:00 p.m. WHEREAS, by Act of Congress of the United Stated dated June 14, 1777, the first official flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3,1949, June 14 of each year was designated "National Flag Day"; and WHEREAS, the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as "National Flag Week"; and WHEREAS, on December 8, 1992, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to Pause for the Pledge of Allegiance as part of the celebration of National Flag Day throughout the nation; and WHEREAS, by Act of Congress, dated June 20, 1985, Public Law 99-54 was passed to have the Pause for the Pledge of Allegiance as part of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom to the rule of all, and to equal rights for all; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims 6:00 p.m. CDT on June 14, 2000 to be the observance of the Pause for the Pledge of Allegiance to the Flag and urges all citizens of Eagan to join all Americans at that time in reciting the Pledge of Allegiance to the Flag of the United States of America. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Karels, Deputy 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 16th day of May, 2000. 7 Maria Karels, Deputy Clerk To strengthen and promote cities as centers of opportunity, leadership, and governance. 666 National League of Cities 1301 Pennsylvania Ave., N.W. Washington, D.C. 20004-1763 202-626-3000 Fax: 202-626-3043 Internet: www.nlc.org 2000 Officers President Bob Knight Mayor, Wichita, Kansas First Vice President Dennis W. Archer Mayor, Detroit, Michigan Second Vice President Karen J. Anderson Mayor, Minnetonka, Minnesota Immediate Past President Clarence E. Anthony Mayor, South Bay, Florida Executive Director Donald J. Borut Recycled Paper March 30, 2000 Dear Mayor: I am writing this letter to our nation's municipal leaders to encourage you to lead your city or town in the 21st annual national "Pause for the Pledge of Allegiance" on Wednesday, June 14, as part of Flag Day observances throughout the United States. The American flag is a wonderful and glorious symbol of our national heritage and our national unity. The original "Star-Spangled Banner" has a place of honor in the Smithsonian Institution in Washington, and the historic flag is now being restored to preserve this enduring emblem of "the land of the free and the home of the brave." The start of a new millennium provides an occasion for Americans everywhere to reflect upon the freedom and opportunities we all enjoy. The Pledge of Allegiance has become a way for all Americans to celebrate and affirm our blessings; it is a statement of our shared beliefs and aspirations. The "Pause for the Pledge of Allegiance" is a call for Americans everywhere — regardless of age, race, religion, national origin, geographic or political differences — to join in reciting the Pledge of Allegiance at 7 p.m. EDT on Flag Day. The ceremony was conceived in 1980 by the National Flag Day Foundation in Baltimore and has become an annual event since then. It has gained widespread support from the President and Congress, from state and local leaders, and civic, business, service, veterans and educational groups nationwide. The "Pause for the Pledge of Allegiance" was made an official Flag Day ceremony by an Act of Congress in 1985. The national ceremony will again be held at Fort McHenry in Baltimore, where Francis Scott Key saw our young nation's flag flying during the War of 1812, inspiring him to write about "The Star-Spangled Banner" in words that became our national anthem. President Clinton has been invited to lead this year's "Pause for the Pledge of Allegiance" from the White House. In its effort to spread the word about Flag Day and the "Pause for the Pledge of Allegiance," the National Flag Day Foundation has assembled a useful set of information and resources that can be downloaded from their Internet website: www.flagday.org. The information includes a sample proclamation, ideas for organizing events in your community, links to educational and historical materials, and other suggestions. Information can also be requested by contacting the National Flag Day offices in Baltimore. Help your citizens become part of this powerful expression of national solidarity and fellowship. Join in the "Pause for the Pledge of Allegiance" on Flag Day. Sincerely, Bob Knigh President Mayor, Wichita, Kansas enclosure Past Presidents: Glenda E. Hood, Mayor, Orlando, Florida • Sharpe James, Mayor, Newark, New Jersey • Brian J. O'Neill, Councilman, Philadelphia, Pennsylvania • Cathy Reynolds, Councilwoman -at -Large, Denver, Colorado • Directors: Kenneth A. Alderson, Executive Director, Illinois Municipal League • Larry A Bakken, Council Member, Golden Valley, Minnesota • Robert Bartlett Mayor, Monrovia, California • James T. Benham, Councilman, Baton Rouge. Louisiana • Joseph Brooks, Council Member, Richmond, Virginia • John P. Bueno, Councilman, Pontiac, Michigan • Michael Cathay, Alderman, Senatobia, Mississippi • A. Everette Clerk, Mayor, Marion, North Carolina • Gwyndolen Clarke -Reed, Commissioner, Deerfield Beach, Florida • Joel Cogen, Executive Director, Connecticut Conference of Municipalities • Neil Dillard, Mayor, Carbondale, Illinois: William G. Dr,as&, Jr., Executive Director, New Jersey State League of Municipalities • Becky L Hoskin, Council Member, Fort Worth, Texas • Rick Hernandez, Councilmember, San Marcos, Texas • Mickel Keck City Director, Little Rock, Arkansas • Conrad Lee, Councilmember, Bellevue. Washington • Ingrid Lindemann, Councilmember, Aurora, Colorado • Margaret Mahery, Mayor, Athens, Tennessee • Harriet Miller, Mayor, Santa Barbara. Califomia • James F Miller, Executive Director, League of Minnesota Cities • William A. Moyer, Executive Director Emeritus, Oklahoma Municipal League • Jim Naugle, Mayor, Fon Lauderdale Florida • Lau Ogden, Mayor, Tualatin, Oregon • Bev Parry, Mayor Pro Tem, Brea, California •Willie J. Pin, Council Member, Wilson, North Carolina • this Ouintana, Council Member At Large, Newark, New Jersey • Rebecca J. Ravine, Council Member, Fort Wayne. Indiana • Kevin C. Ritchie, Executive Director, Alaska Municipal League • Carroll G. Robinson, Council Member at -Large. Houston, Texas • Johnny Robinson, Councilman, College Park, Georgia • Michael Sittig, Executive Director, Florida League of Cities • Leon Smith, Mayor. Oxford, Alabama • Bruce Tetley, Mayor, Gloucester, Massachusetts • Evelyn Wright Tumor, Councilor, Columbus, Georgia • Yvonne Mk, Executive Director, South Dakota Municipal League • Jerilyn S. Wall, Council Member, Evanston, Wyoming • Anthony Williams, Mayor, Washington, DC • Cody Williams, Councilmember, Phoenix. Arizona • Harry Wilson, Mayor, Grandview, Missouri • Mark Women, Mayor Pro Tem, Monroe, Michigan ^ N Agenda Information Memo May 16, 2000 Eagan City Council Meeting FINAL PLAT (OAK HILLS CHURCH ADDITION) OAK HILLS CHURCH INC. ACTION TO BE CONSIDERED: To approve a Final Plat (Oak Hills Church Addition) to allow the creation of a 2.5 acre lot and a 4.6 acre outlot upon 7.1 acres of land located south of Yankee Doodle Road and east of Coachman Road in the NW '/a of Section 16. FACTS: ➢ The subject property is currently platted as Outlot A, Hampton Heights Addition and is zoned P, Public Facilites. ➢ It is the intent of the applicants to construct a new, 15,953 square foot church upon proposed Lot 1. Proposed Outlot A overlays a wetland on the southern half of the property. ➢ Replatting of the property is necessary to allow the issuance of a building permit. ATTACHMENTS (1): Final Plat drawing, page .30 a9 a` &1 11e �e IP a 3 1 U O U . Lw.a.fss, 1 ID —114 11'I 113 LM.111.005 SUM 111 a xi .1 la Z 0 H 1— L) 0 J N �i W R r1 14�' � � r' i ,—•e i v) 6 �, O 1 O 4-` s; _' ;Ei a ";\:4 .jt: I P E' `:1- \\ i' �— M \ O 1 z I % 1 ip� l \'.., NCO s / ;.!1 6W 1. N.• N / f p . el , �' , �.' S 1 1 — _ .— __ s ff c: d i• „r ,,.f.. % W I (` \f!\4.1,,�,..\. gid; \ "— w ' �' — �.a�.Q.a.. a. -----"Ii Cc, St vs It IP .. \ - w . w ff:ii.fie.ra.0011 Weil Q w so _ 30 s•0-1 = WW2 .:[.50.00 .0 Agenda Information Memo May 16, 2000 Eagan City Council Meeting L. ON -SALE LIQUOR LICENSE FOR COOPER'S RESTAURANT, INC. ACTION TO BE CONSIDERED: To approve the on -sale liquor license for Cooper's Restaurant Inc. FACTS: • Cooper's Restaurant Inc. has applied for an on -sale liquor license with the City of Eagan. • The officers of the corporation are Randall Alan Cooper, CEO and Douglas Mathias May, Officer. • The applicant plans on purchasing Richard's Bar and Restaurant (located at 4185 South Robert Trail) on May 22, 2000. • They have submitted the required documents, which have been reviewed and deemed in order. by City staff. • The police have conducted an investigation on the principals and do not find any reason to deny the applicant the on -sale license. ATTACHMENTS: • Application enclosed without page number. 3/ Agenda Information Memo May 16, 2000 Eagan City Council Meeting PUBLIC HEARINGS A. 5 -YEAR CAPITAL IMPROVEMENT PROGRAM ACTION TO BE CONSIDERED: Adopt the 5 -Year (2001 — 2005) Capital Improvement Program Part III (Excluding Parks) and authorize its implementation. FACTS: • Every Year, the City Council reviews and adopts a 5 -Year Capital Improvement Program (CIP). This consists of General Government Facilities (Part I), Major Equipment (Part II) and Public Infrastructure (Part III). • Historically, all three parts have been reviewed and adopted in the fall of the year. However, due to the need to perform the required advanced planning, funding applications, right of way acquisition, inter -agency agreement processing, etc., it has become necessary to accelerate this review and adoption schedule for the Part III Public Infrastructure (excluding Parks) to the spring of the preceding year. • On April 25, the City Council performed a comprehensive and detailed review of the draft prepared by staff and provided direction regarding the programming of various projects. These revisions have been incorporated into the Part III 5 year CIP (2001 — 2005) that is now being presented to the Council for formal adoption. The first year's programmed improvements have been summarized out of the larger document for quick reference. • Once this CIP is adopted, staff will begin the public information meetings and notification process associated with the programmed 2001 improvements. ATTACHMENTS: • 5 -year CIP document, forwarded under separate cover. • Staff memo re: revisions, pages 33 and 3.5. • Year 2001 summary, pages 3 4, , through- • Letter received from resident regarding Dodd Road north of Diffley Road, page 302 TO: city of eagan MEMO MAYOR & CITY COUNCIL C/O THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MAY 9, 2000 SUBJECT: 5 -YEAR CIP (2001-2005) The Public Works Department presented a draft 5 -Year CIP (2001-2005), Part III (excluding Parks) to the City Council for their consideration at their workshop meeting held on April 25, 2000. As a result of that workshop review, the following is a summary of the changes directed by Council action: STREETS/HIGHWAYS/TRAILS A. Collectors & Arterials • Yankee Doodle Road (Hwy. 149 to Co. Rd. 63) — This project provides for the extension of Yankee Doodle Road from Hwy. 149 into Inver Grove Heights. This was scheduled for the year 2001 in the draft CIP, but reprogrammed to 2002 for compatibility with Dakota County's funding program and CIP. • S. Dodd Road (Cliff Road to 120th St.) — This project was originally programmed for 2002 in the draft CIP but accelerated to 2001 due to the increasing number of septic failures and development inquiries. With this reprogramming, the Council directed staff to initiate the appropriate related informational neighborhood meetings regarding the development inquiries, status of septic systems and alternative design options. • 120th Street (Bacardi Avenue to Hwy. 3) — The draft CIP had this new and upgraded collector street programmed for 2002. Due to the recent Comprehensive Guide Plan update by Rosemount, the Eagan City Council elected to put this in a "Future" category until development potential in Rosemount provides the necessary funding opportunities. • Dodd Road (Diffley to Wescott) — In the draft CIP, this segment of Dodd Road was proposed for a structural overlay in 2004. However, due to increasing requests for an off street trail system and the fact that this trail can only be constructed with an urban upgrade, the City Council directed this segment to be reclassified as an "Urban Upgrade" and programmed for 2001. B. Trails • Dodd Road (Diffley to Wescott) — Due to the fact that this segment of Dodd Road was previously programmed for only a structural overlay, no trailway improvements were identified in the CIP. With the Council's previous reclassification and programming of the street improvement, the accompanying off street trail improvement was similarly programmed for 2001. 33 There are no other proposed revisions to the draft CIP. These revisions have been incorporated into the CIP Part III notebook being redistributed to the City Council for consideration of adoption on May 16. If any Council member has any questions regarding the document being presented for consideration, please let me know and I will be prepared to address them in a timely mariner. Respectfully submitted, Thomas A. Colbert, P.E. Attachment: Revised 5 -Year CIP (2001-2005) C: Russ Matthys, City Engineer Arnie Erhart, Superintendent of Streets/Equipment Wayne Schwanz, Superintendent of Utilities Tom Struve, Public Works Coordinator TAC/jj 3 y in 0 N M O O N N O O N O 0 0 O O O O ce) 69 O O O O 3s O 0 0 0 0 O 11) O O O O O O 0 O O 0 O O 63 0 6R CITY OF EAGAN 5 YEAR CAPITAL IMPROVEMENT REQUEST (2001-2005) ARTERIAL & COLLECTOR IMPROVEMENTS Location Description Special Assessment City Fund Total C)P 1 PILOT KNOB ROAD (Yankee Doodle • Crphidge) 2 SILVER BELL ROAD (Blaaihewk-Cedarvsle Blvd. 8 Right -turn Lar al NW corn* TH 13) 3 CEOARVALE BLVD (Silver Bell to 500' South) 4. LEXINGTON (Torn Centre to Ckrbview) 5 BEAU -DE -RUE DRIVE (Nicols Road • Silver Bed Road) 8 EAGANDALE BLVD (Lar Oak to Nwy. 55) 7 CORPORATE CENTER DR. (Pilot Knob to Eagandale Blvd.) 8 BLUE GENTIAN RD 9 CENTRAL PARKWAY (Y D R to Pilot Knob) 10. NORTHW000 PARKWAY (Pilot Knob to Maria) 11. COVINGTON IN (JCRR to Ston.Clife Dr.) 12. DODD ROAD (Cliff Road to Bulwin) 13 0000 RD (Dilft%y to Wescott) TOTAL • 2001 LOCAL STREET IMPROVEMENTS Add S.B 3rd Lar and Signa (tinselly Resurface/Upgrade Upgrade/Re-align Upgrade to 4 Lane Divided Rseyde Overlay Overlay Nsw 40' - Realignment New 2 -lane divided Urban New 3 Lar with Signals Overlay Urban upgrade (32') Upgrade to 3 -Lar Urban SO SO *0 *200,000 *270,000 *260,000 *135,000 8860,000 5958.000 SO 820,950 8424,120 540,000 22.22.27.2 *75,000 *210,000 5115,000 *1.098.870 *110.000 SD SO SO $2,874,000 51,188,600 *133,810 *644,120 *1,374,600 *7.803.800 *75.000 5210.000 5115.000 61.296.870 *380.o00 *280.000 1135,000 *880.000 *3.632.000 81.168.600 5154.560 81,068,240 *1,414,600 ;10 771 87Q Location Description Special Major Street Fund Utility Enterprise Funds Assessment Total CIF 2001 1 RIVER HILLS 9T11 2. BEACON HILL 3 JOHNNY CAKE RIDGE ADDN 4 BRITTANY IST -6TH ADDN 5 CEDAR CLIFF IST- 3RD ADD S. MARI ACRFS LETENDRE 1ST • 2ND ADDNS. 3 CANTERBURY FOREST WEDGEWOOD 1ST 0 SELMARK, HARVEY, BURRVIEW ACRES ADDN 11 EAGANDALE CENTER IND. PK. 1, 7, 8, 12 ADDNS./ _AGANDALE OFFICE PARK 1ST - 4TH ADONS. TOTAL - 2001 Overlay Overlay Overlay Overlay Ory Overlay Overlay Recria Recycle Recycl Overlay 547,600 5133,680 583,000 570,000 563,000 568,200 165,000 573,000 563,000 S116,500 1963,871 *1.734.151 5104,400 5311,920 1186,200 8133,480 5146,440 538,960 5107,320 592,130 573,100 1129,750 SO et�7,= *18.000 517,500 511,000 59,000 59,000 $4,300 511,000 513,000 516,000 122,000 S10,000 11112211 $170.000 5463.100 5212200 S234.480 5220,440 5111,660 S183,320 S180.150 1156.100 $261,250 5973,871 i 7 CITY OF EAGAN 6 YEAR CAPITAL IMPROVEMENT REQUEST (2001-2005) TRAIL IMPROVEMENTS Location Description Special Street Fund Total CIP Assessment (City) 2001 1. YANKEE DOODLE ROAD (Coachman Rd. - Federal Dr ) 2. DIFFLEY ROAD (Old Sibley Hwy. - TH 77) 3. NORTHVIEW PARK ROAD -(Lexington - Braddock Tr.) 4 BRADDOCK TRAIL (Diffley - Northview Park Rd.) 5. LEXINGTON AVENUE (Cliff - Wilderness Run Rd.) 6. HIGH LINE TRAIL (Johnny Cake - Thomas Lk. Rd.) 7. BEAU DE RUE (Nicols Rd. - Silver Bell Rd.) 8. DENMARK AVENUE (Wescott Rd. - Duckweed Dr.) 9. COACHMAN ROAD (Yankee Doodle - Four Oaks Rd.) 10. FOUR OAKS ROAD (TH 13 - Coachman Rd.) 11. LEXINGTON AVENUE (Yankee Doodle - Clubview Rd.) 12. CENTRAL PARKWAY (Pilot Knob - Marice Dr.) 13. DODD ROAD (Wescott Rd to Diftley Rd) TOTAL - 2001 Department 22 Sealcoat 2001-2005 OVERLAY North Side (2090 FT) NEW Construction North Side (450 FT) OVELAY South Side (4230 FT) OVERLAYWest Side (2850 FT) NEWConstruction East Side (2490 FT) OVERLAY (2890 FT) NEW Construction South Side (3870 FT) NEW Construction West Side (2670 FT) OVERLAY Both Sides (6890 FT) OVERLAYSouth Side (1380 FT) NEWConstruction Both Sides (8890 FT) NEW Construction Both Sides (6920 FT) NEW Construction Both Sides (6200 FT) Description 2001 General Oper. Fund SO 522,990 322,990 SO 37,650 37,650 30 346,530 346,530 30 331,350 331,350 SO 334,530 334,530 30 331,790 331,790 $43,000 388,580 3131,580 30 390,780 590,780 30 375,790 S75,790 30 315,180 $15,180 SO 3151,130 3151,130 334,500 $103,500 $138,000 50 5105,400 3105,400 ;77 50Q ;805 20Q ;882 70Q Major Street Fund Total CIP 387,675 square yards Department 021 & 322 Signals Description Q $50,000.00 $201,988.75 Total Cost County/51 Participation Trunk Fund TIF Proceeds 1. Lexington Ave. ® Northwood Pkwy. 2. Lexington ® Gemini (or Clubview) 3 DiM ey ® Johnny Cake Ridge Rd. TOTAL -2001 3190,000 3190,000 3190.000 '59.000 •Dollars are not currently programmed in Agency's Budget/CIP 395.000 • $95,000 • 395,000 • =.000 395,000 $95.000 395.000 5285.000 SO s0 s0 $251,988.75 SpeciaT Assessments Total CIP 30 195,000 30 395,000 SO 395,000 CITY OF EAGAN 5 YEAR CAPITAL IMPROVEMENT REQUEST 2001 - 2005 Department #21 & #22 Streetlights Utility Description Enterprise Fund Total CIP 2001 1. Cliff Road & Dunberry Ln. (New) $3,000 $3,000 2. Cliff Road & Parkridge Dr. (New) $3,000 $3,000 3. Pilot Knob Rd. & Highview Ave. (Upgrade) $2,600 $2,600 4. Pilot Knob Rd. & Skyline Rd. (Upgrade) $2.600 $2,600 Total - 2001 $11.200 511.200 Department 61 Water Trunk Distribution System Description Assessment Fund Total CIP 2001 None Anticipated Department 61 System Operation and Facilities Description Replace & Supply Stor. Renewal Treatment Total CIP 2001 1. Replace roofs on 3 wells 2. Purchase 10 acres of land from Blue Cross $9,000.00 3g $400,000.00 $9,000.00 $400,000.00 CITY OF EAGAN 5 YEAR CAPITAL IMPROVEMENT REQUEST 2001 - 2005 Department 62 Sanitary Sewer - Trunk Conveyance Description 2001 Special Assessment Trunk Fund Total CIP None Anticipated Department 64 Storm Sewer - Conveyance Description Storm Sewer Trunk Fund Total CIP 2001 HDP -1 to HP -11 (700' LF 12") S50,000 S50,000 Total - 2001 S50 000 =IQ 3? RFc,E/ y FD Mr. Russ Mathis City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 May 9, 2000 Dear Mr. Mathis, Than% you for the time you allotted me to express our concerns over the proposed urban upgrade to Dodd Road between Wescott and Diffley. As we discussed over the phone, our hope is that this proposal can be amended to exclude the construction of a third turning lane. It is an unnecessary expenditure for this stretch of road. Dodd Road south of Diffley was not upgraded to include a third lane and functions well with two lanes and trailways with similar traffic patterns. As you %now, our primary concern is the preservation of the numerous mature trees that line this scenic roadway, including those in our own backyard. _These trees would surely be lost due to outright removal or ultimate construction damage if the proposal for a third lane is approved. We will continue to follow the development of this proposal closely and we appreciate your careful consideration of our concerns. Elmore & Alane Roundtree 640 Brockton Curve Eagan, MN 55123-1677 Ph: 687-9919 �o Agenda Information Memo May 16, 2000 Eagan City Council Meeting B. PROJECT 750, HWY 55 & BLUE WATER RD. (ACCESS MODIFICATIONS) ACTION TO BE CONSIDERED: Cancel Project 750 (Hwy 55 & Blue Water Rd. - Access Modifications) FACTS: • On March 21, the City Council held a public hearing to consider the proposed traffic signal installation, access modifications and new frontage road along the south side of Hwy 55 at the Blue Water Rd. intersection. At that meeting, there were several objections submitted regarding both the scope of the work and the proposed financing of these improvements through special assessments. The project would also require the acquisition of easements from the properties along the proposed frontage road. Subsequently, the Council continued the public hearing until May 16 and directed staff to obtain preliminary appraisals. Unfortunately, the City's appraiser was unable to perform these appraisals within this time frame due to an unusually heavy workload. Without knowing when these appraisals would be able to be completed, it would be advisable to cancel the project at this time and reschedule it in the future. ISSUES: . • If rescheduled, future informational meetings would again be held for all affected properties and required notices would be republished. Agenda Information Memo May 16, 2000, Eagan City Council C. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS (LOT 27, BLOCK 1, CANTERBURY FOREST), AND SIDE YARD SETBACK VARIANCE — GREG HAUPT ACTION TO BE CONSIDERED: A. To approve the Vacation of a portion of the public drainage and utility easements within Lot 27, Block 1, Canterbury Forest, and authorize the Mayor and City Clerk to execute all related documents. B. To approve a Variance of 1.5 feet to the required five foot side yard setback for a garage addition at 1067 Tiffany Drive, legally described as Lot 27, Block 1, Canterbury Forest, located in the SW '/4 of Section 26. FACTS: • The Haupt's are proposing to construct a third stall addition to their garage at 1067 Tiffany Drive. The existing garage is set back 15.5 feet from the side lot line, and the proposed addition would extend 12 feet from the existing garage, resulting in a side yard setback of 3.5 feet. • The proposed 3.5 -foot setback is less than the minimum required five feet, so they have made application for a setback variance. Also, since the proposed addition extends into the existing drainage and utility easement on the property, the Haupt's submitted a petition to vacate a portion of the easement to accommodate the proposed addition. • The purpose of the requests is to allow Mr. and Mrs. Haupt to construct an addition to their garage. The Haupt's have stated that the garage addition is needed to provide indoor storage space for a boat and utility trailer. They have also indicated that there will be parking needs for additional cars next year with two more drivers in the family. • On April 18, 2000, the City Council received the petition for the vacation, and set a public hearing for May 16, 2000 to consider vacating said drainage and utility easement. The public hearing for the proposed setback variance was scheduled concurrently for May 16, 2000. • The easement was originally dedicated to the City with the Canterbury Forest development as a typical five-foot wide side yard easement for drainage and utility purposes and is not necessary to accommodate any planned or existing utilities or drainage way. • The twelve -foot wide addition would encroach 1.5 feet into the existing drainage and utility easement. The vacation request would vacate that portion of the easement needed to construct the new addition. • The garage area including the proposed addition would be 1,090 square feet, which is smaller than the 1,650 square foot dwelling. Building coverage on the 32,000 square foot lot would be less than 10%. ya • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing for the proposed vacation. A notices also was published in the newspaper and mailed to property owners within 200 feet of the site informing them of this public hearing for the proposed variance. No objections have been received to date. • The vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: t` Location map, page 7 L . Proposed Easement Vacation/Legal Description, page LI- 5.- . Planning Report, pages 4i (o through LI 3 NORTNVIEW PARK HOSFO NUS OR. BERRY PATCH PARK LOCATION MENU K CIR. QUI LEY LAK A118'f�� g POND ]e. CAR LS • LAKE WILDERNESS WILD RNESS LN. OAK CO. RD. 32 ) PUBUC WORKS DEPARTMENT City of Eagan PARKRIDDF DR_ EASEMENT VACATION LOCATION MAP LOTS 27 , BLOCK 1 CANTERBURY FOREST April 14, 2000 W 27i LOT W I AREA TO BE VACATED ( 1 1 32.29 ''28.00 I 1 M. ($1er_ 1 ItY r. 6 \ . 0 Nt. �0 I > m 130.00 N 28.00\ �c I1' OvER ttANGT O .1jt5.3 (9 51) 23.0 ! N 57 °40`I 7"W 77.0 TIFFANY _ (9i5.4.) Starting at the southeast corner of Lot 27,Block 1, Canterbury Forest, Dakota County, Minnesota, thence northeastly along the southeast line of said lot 27 a distance of 88.00 feet, thence left 90 degrees a distance of 5.00 feet to the point of beginning, thence southwest parallel to the southeast line of said lot 27 a distance of 36.00 feet, thence left 90 degrees a distance of 1.50 feet, thence left 90 degrees parallel to the southeast line of said lot 27 a distance of 36.00 feet to the • oint of beginning and there terminating. City of Eagan PROPOSED EASEMENT VACATION Lot 27, Block 1, Canterbury Forest DATE 4-7-2000 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 10, 2000 APPLICANT: Greg Haupt PROPERTY OWNER: Greg Haupt REQUEST: Variance LOCATION: 1067 Tiffany Drive COMPREHENSIVE PLAN: D -I, Single Family Residential ZONING: PD, Planned Development CASE: 26 -VA -03-04-00 HEARING DATE: May 16, 2000 PREPARED BY: Pamela Dudziak SUMMARY OF REQUEST Greg Haupt is requesting a Variance of 1.5 feet to the required five foot side yard setback to construct a garage addition on property located at 1067 Tiffany Drive, legally described as Lot 27, Block 1, Canterbury Forest, in the SW 1/4 of Section 26. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CODE REQUIREMENTS The minimum required side yard setback for a garage is five feet. In addition, the standard drainage and utility easement extends from the property line five feet into the side yard, and no 46 Planning Report — Greg Haupt May 16, 2000 Page 2 structures are allowed within such easements. The applicant has submitted a concurrent request to vacate a portion of this easement to accommodate the proposed garage addition. BACKGROUND/HISTORY The Canterbury Forest subdivision was platted in 1981 and this house was constructed in 1983. The property is part of the Lexington South Planned Development and the R-1 zoning district performance standards apply. EXISTING CONDITIONS The property contains an existing single family home with a two -stall attached garage that was constructed in 1983. An addition has since been constructed off the west side of the home. The garage is on the east side of the home and is set back 15.5 feet from the side lot line. EVALUATION OF REQUEST The applicant has requested a 1.5 -foot setback variance to construct a 12 -foot wide addition to the existing garage. With the present 15.5 -foot setback, the resulting setback with the proposed addition would be 3.5 feet, 1.5 feet less than the five foot minimum required. The adjacent lot to the east has an attached garage on the west side of the house, so the two garages are next to each other on these two lots. The City Code also states that accessory structures and uses must be "subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto." With the addition, the garage would be 1,090 square feet in area, which is smaller than the 1,650 square foot dwelling. The building coverage on the lot would be 2,740 square feet, or less than 10% of the 32,000 square foot lot. With a side yard setback of less than five feet, the proposed garage also would encroach into the existing drainage and utility easement. Therefore, the applicant has submitted an application for vacation of a portion of the existing drainage and utility easement to accommodate the proposed garage addition. The proposed easement vacation is on this Council agenda for action with this Variance request. APPLICANT'S ESTIMATE OF HARDSHIP The applicant has stated that the garage addition is needed to provide indoor storage space for a boat and utility trailer, and the family will have two more drivers next year which will result in parking needs for additional cars. The applicant has indicated that the owner of the adjacent lot to the east does not object to the Variance and proposed addition. Planning Report — Greg Haupt May 16, 2000 Page 3 SUMMARY/CONCLUSION Greg Haupt is requesting a Variance of 1.5 feet to the required five foot side yard setback to construct a garage addition on property located at 1067 Tiffany Drive in the SW 1/4 of Section 26. The proposed addition would provide additional storage space for the applicant's boat and utility trailer in addition to other equipment and possibly another automobile. The proposed addition also requires the vacation of a portion of existing drainage and utility easements, which is scheduled concurrently for Council action. ACTION TO BE CONSIDERED To recommend approval of a Variance of 1.5 feet to the required five-foot side yard setback to construct a garage addition on property located at 1067 Tiffany Drive in the SW 1/4 of Section 26. If approved, the following conditions apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a building permit prior to beginning construction. 3. The proposed addition shall be constructed using materials to match the existing structure. Y8" / ■ r� e N 11 ■J a Location Map 7 lagan Boundary Strout Centerline Parcel Area - Building Footprint .•lIl H711:1\ \ 14 E 11 I: DVS r MP 1441.�o��o MUM *Taffie*,44 IT -4 V% ipaoZO`EEl Ml. P} ii .i :. __ co n • .I a dJs l v\ P 1111, TP"Wl. Pririff b, 44 l_47Ia aim • Al ped 44:Iv^ et ,;.;,44 lig VA r us .rree�� r�� f Y Q>► �tw�� ill 447-1 a woo iiii5tir,sA., c...4. (Veit Ili � �gI i. �r1 E* ortet, L INC; Gam, ..o Illilft:›4::. ��. ect urgi iti o� lc ..+�i.1111 kit G:GCG�:"k-ac :.) 4,t14,4 (!� tannanD?,acN. -'♦ via 6 .I 11171 ram EEI l.EEt�Ei.o1 Sub t sit 1 Nn ;IVA Aar U s, :GDO� 1M;Takata 1 O a �Q�iGir7:Gj erml %� !`;:::!0� 1 CI O 4;e91 411011 Q*yiw1 � 4117 ,cxx r,4;b:51 1341 cirs T t1 a Y E • 1000 0 •#v‘f, a d • , !,!!!ice'' r' ...17,-,;;;;;;;;;.,rea iLiaL Ape ilescom,,,A13 11/961fitam t/ 1000 O • 1 2000 Feet Development/Developen Greg Haupt Application: Variance Case No.: 26 -VA -03-04-0 City of Eagan Commonalty a.r.l.p.n..t Dsp.rtla.M Map Prepared using EO. A•cMwv 3.1. Parcel boas nap data prodded by Motel County Und Savvy Oeponment and is current as d Janary ZOO. THIS MAF IS INTENDED FOR REFERENCE USE ONLY Th. City of Eagan and Dakota County do not guarantee the accuracy of t Is Iafonaatlon and are not responsible for errors or omissions. W+ E SURVEYOR'S. CERTIFICATE ! SIENNA 'CORPORATION �_ ll 1 L.') WILDERNESS RUN 4=6044143" R=72928 1=85.8 6 3„£Z,9Z06Z N (� 5r ••••••••• I- 0 J � 1- {y� W LOT 3 N aQ W 27 4 (-i8.o tl .00 3\ m \28.00. 5 I� OvERsum L 1.23.7.&N57°40 R= 456.15 ° 4'2°53X20" (91S.i) REVISED 4-27-83 TO SHOW PROPOSED ROAD d: o , '1 5647' o egopoSeD I AAelj � 1' yv 28.00 GAR"? 28.00\ TIF 1 SCALE: 1 INCH = 40 FEET 17"w 7.0 FANY 16' any >1 PROPOSED ADDITION PRoJPO y 6''i EXISTING W GARAGE 51 ti s.f. d ci pgo PER T1 LINE Agenda Information Memo May 16, 1999 Eagan City Council Meeting D. VARIANCE (LOT COVERAGE) — CATHY TRIMBLE CUSTOM HOMES INC. ACTION TO BE CONSIDERED: > To approve a 1 percent Variance to the maximum 20 percent lot coverage requirement applied to Lot 13, Block 1, Southern Lakes West located in the SE '/a of Section 25. FACTS: > The subject property is zoned R-1, Single Family Residential. > According to section 11.20 Subd. 6.F of the City Code: All buildings including accessory buildings together (within residential zoning districts) shall not cover more than 20 percent of the site area. > The applicants are proposing to construct a 2,554 square foot building footprint upon their 12,313 square foot lot resulting in a lot coverage of 21 percent. > The proposed home includes a 12' x12' covered screen porch (which is included in the calculation of lot coverage). Without the proposed screen porch, a lot coverage of 19.6 percent would exist and the processing of a variance would not be necessary. According to the applicant, it was not realized that the maximum 20 percent coverage requirement had been exceeded until the design of the home had been finished and the subject property was purchased. > According to information provided by the Inspection Division, no other homes within the subject subdivision (Southern Lakes West) exceed the maximum 20 percent lot coverage requirement. > According to the applicant, the hardship for the requested variance is based on the following factors: 1. A desire to maximize a view of a pond (from a screened porch) and; 2. A desire to have a three stall garage and; 3. Approval of the variance will not negatively impact surrounding properties. ATTACHMENTS (1) Staff report, pages 3through 6:0 sa PLANNING REPORT CITY OF EAGAN REPORT DATE: April 25, 2000 CASE: 25 -VA -04-04-00 APPLICANT: Kathy Trimble Custom Homes, Inc. HEARING DATE: May 16, 2000 PROPERTY OWNER: PREPARED BY: Bob Kirmis Kathy Trimble Custom Homes, Inc. REQUEST: Variance (lot coverage) LOCATION: Lot 13, Block 1, Southern Lakes West COMPREHENSIVE PLAN: D -I, Single Family (0-3 units/acre) ZONING: R-1, Single Family Residential SUMMARY OF REQUEST Kathy Trimble Custom Homes, Inc. is requesting approval of a one percent Variance from the maximum 20 percent lot coverage requirement for a single family residential property located at 4521 Alicia Drive (Lot 13, Block 1 Southern Lakes West). Specifically, the applicant is proposing to construct a 2,554 square foot building footprint upon a 12,313 square foot lot resulting in a lot coverage of 21 percent. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. �3 Planning Report — Trimble Variance May 16, 2000 Page 2 CODE REQUIREMENTS The subject property is zoned R-1, Single Family Residential. According to section 11.20 Subd. 6.F of the City Code: All buildings including accessory buildings together (within residential zoning districts) shall not cover more than 20 percent of the site area. As mentioned previously, the applicant is proposing to construct a 2,554 square foot building footprint upon a 12,313 square foot lot resulting in a lot coverage of 21 percent. EXISTING CONDITIONS The Southern Lakes West subdivision was approved in May of 1999. The R-1 zoning designation establishes a minimum lot size requirement of 12,000 square feet. The lot in question is vacant and measures 12,313 square feet in size with a buildable area of approximately 7,000 square feet (following imposition of setbacks). The site is bordered on the north, south and east by single family homes and on the west by a vacant, single family lot. According to the applicant, contact has been made with neighboring property owners who have voiced general support of the project. EVALUATION OF REQUEST The applicant is proposing to construct a two story, home which has been custom designed. The home includes a 12' x12' covered screen porch (which is included in the calculation of lot coverage). Without the proposed screen porch, a lot coverage of 19.6 percent would exist and the processing of a variance would not be necessary. According to the applicant, it was not realized that the maximum 20 percent coverage requirement had been exceeded until the design of the home had been finished and the subject property was purchased. According to information provided by the Inspection Division, no other homes within the subject subdivision (Southern Lakes West) exceed the maximum 20 percent lot coverage requirement. sy Planning Report — Trimble Variance May 16, 2000 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the hardship for the requested variance is based on the following factors: 1. A desire to maximize a view of a pond (from a screened porch) and; 2. A desire to have a three stall garage and; 3. Approval of the variance will not negatively impact surrounding properties. SUMMARY/CONCLUSION The applicant is requesting a one percent variance from the maximum 20 percent lot coverage requirement imposed in residential zoning districts. The subject property is presently vacant and holds no unique features. A determination of whether or not the applicant has sufficiently demonstrated hardship however, is considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To approve or deny a one percent Variance from the required 20 percent lot coverage requirement applied to Lot 13, Block 1, Southern Lakes West. SS Location Map / V Eagan Boundary Street Centerline Parcel Area - Building Footprint --" 4 ,, t 1 24 -A -.4. X10 t M s 1 r.... r1 r -n r■rtri' gra r II o %= )J ;`e`en ��oee3v uo J 0.44. � j1 sivigi "o f:::Ni5"?.:44144 r'-4-7, illnion3 44"Vis MI GM ler+ _rii �`� �t0 1 731 *N1VWtil � D C'! ibliretine,A; v t�f � an CmA��' O1�r��i ir14-„,emir14-„,emir, ci , e 61%404,-,vti IL 1 IA �t r114: 1I '1G .01% •1."),4�caFA u�P0'��w -tgaIVA ash Mgaiaati1 PA aeet'ee©e40 �� 1�9i©lif4t7 ?4 40a 1000 Development/Developer: Custom Homes Inc. Application: Variance Case No.: 25 -VA -04-04-00 City of Eagan Community D.v.I.pmn.st D.Nrtm..t 0 C& 1000 Nap Premed ming ERS Anilbw 11. Pncd bare my tela proAdrd by Dakota County Laxi &nay Dspiebrent and is =not as d.larory 2000. 2000 Feet THIS MAP 1S INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not pennants, the accuracy of this information and are not responsible for errors or omissions. N W� E *O * P�10111S�=-t $ * ** IMO fe.(11111 • MIL .117@1. 11110 RAMOS • .ream' 1 10011T Certificate of Survey for: STORM SEWER PER GRADING PLAN Iv. 2422 Enterpise Mire Mendota Neigh's. IAN 55120 (651) 681-1914 FAX: 681-9488 E -mai PIONEEI+S•t7E SSL N JER COAT 625 Highway 10 N.E. Elaine. MN 55434 612) 783-1880 FAX: 763-1883 E-mcM-. PIONEER 20PRESSENTER.COW KATHY TRIMBLE CUSTOM HOMES 4521 ALICIA COURT REVUWE[) BENBH At :G F7',:- mit TOP' OF PIPE ELEV. =935.48 • 936.3 933.6 39.91 933 && ... . L_ 14 EXISTING HOUSE 936.4 08. • P 87'58'51 "W� 935.6 30.71 LOT AREA =12,313 sq.ft. HOUSE AREA =2,410 sq.ft. • COVERAGE=19.6% • HOUSE TYPE -2 STORY LO a 937.0 42.15 (354) 935.4 W -7 M 9.3 932.3 * , . s0 N7:1;55.236.3 W P.R.V. REQ -jam BENCHpMARKEE934.4 ELE 93pp5P69 934.2 H. V 12 NOM PROPOSED CRAM 91010 PER GRACING RAN Sl PIONEER NOTE etotDNC OIIDISVONS SNOW ARE FOR HORIZONTAL AID LERRCAt. LOCATION OF SRIuCDTRES ONLY. SEE ARMTECTUAL PLANS FOA DULONG MD FOS ADON 01/0190NS. N ONE. HO SPECiIC SOLS INVESTIGATION HAS sml COMPLETED ON TNS LOT SY THE Su1WET0L ONE SYIIASNUTY OF SOLS TO SLMONT RIE SPEQFK Hem PSGPOSED HS NOT TIE IESPCOISO JTY Or Da sohtl0R. NOR; NHS t AVIICAIE 00(5 NOT PURPORT IO 9$0M £A5(I I15 OAEIR MAN MOSE SNOMN ON 0E KCOInEO RAT. NOTE CONIRACrOR INKr VERY OSUCIAY 0E9Q. NOTE sumacs sham ARE 5ASE0 ON MI AffiJ DAAIII 932.6 .?/, 115. 934.2 STOP SSE POP NE LIN PROPOSED HOUSE ELEVA ON LOWEST FLOOR ELEVATION- 930.!0 TOP OF BLOCK ELEVATION- (139.3 93G.A NE HEREBY CERTIFY TO KATHY TRIMBLE CUSTOM HOMES THAT THIS 15 A SURVEY Of THE BOUNDARIES OF: 939.2 S00'06'20"E H. (g35.1) 935.1 GARAGE SLAB ELEVATION TOB O LOOKOUT ELEVATION 933.a ■ 00000 010101(5 cosmic D5VA11on ( 000.00 I OM= PROPOS1m QEVAA011 DENOTES ORAMADE ANO (HIM EASE1101I COWES EMA1* RAM OREC110N --�O0AOTE5 NONIADII E3 00101E5 OFFSET IIH16 TRUE AND CORRECT REPRESENTATION OF A LOT 13, BLOCK 1, SOUTHERN LAKES WEST DAKOTA COUNTY. MINNESOTA IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCHROACHMENTS. EXCEPT AS SHOWN AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 1 DAY OF MARCH. 2000. l / ONEER E 1 SCALE 1 INCH = 30 FEE 7oy EO MAR NOD • SITE PLAN it i SE' LJ BUILDING ELEVATION —1 r -----t 1-- 1 s9 — --i 1— — • fain . )1 99 10041 Vt.3 ?O .91 . 9.1m ti R1R 3X4 34: ..`r l31Pi" xIflj■ML PORCH PLAN DETAIL M ► atd iyLr-14 MINK Mutt mPQ41V1i Al 8L1100.1119 MUM ______ r 11111011f 1566 WEXFORD COURT EAGAN. MN. 5512 KATHY TRIMBLE CUSTOM HOMES, INC. April 17, 2000 3830 Pilot Knob Road Eagan, MN. 55122 To Whom It May Concern: The purpose of this letter is to explain the reasons why we are requesting a variance to Lot 13 Block 1 Southern Lakes West. Rob and Jennifer Wilson are moving less than a mile from the home they built just a year and a half ago. Their plan was to build a smaller home and be able to add some amenities, one of which was a screened porch. They chose a cul-de-sac lot for the safety of their small children. The shape of the lot became challenging because there is a bum to the rear and it didn't leave enough play space. We angled the garage to better fit the lot and create space for the kids. The extra garage footage put them at 19.6% of their total lot coverage. Because the site backs up to a holding pond and has a view of a lake they planned to screen their deck We did not realize that we were so close to total lot coverage until we had finished the design and bought the lot. We are requesting a variance to put a 12X12 -covered porch with screening which will put us at 20.7% coverage. This home is under construction and these buyers would be very disappointed if they have to make this compromise before they even get into their new home. We appreciate your consideration. Sincerely, Kathy Trimble President 60 APPLICANT CORRESPONDENCE Agenda Information Memo May 16, 2000 Eagan City Council Meeting OLD BUSINESS A. PROJECT 742, WESCOTT WOODLANDS — FINAL ASSESSMENTS ACTION TO BE CONSIDERED: Cancel the Final Assessment Hearing for Project 742 (Wescott Woodlands — Streets and Utilities). FACTS: • On May 2, the City Council received the Final Assessment Roll for the above - referenced public improvement and scheduled a public hearing to be held on June 5. Due to workload, the City's appraiser is not able to provide the determination of the maximum benefit valuation (potentially limiting the calculated assessments) within this time frame. Therefore, it is necessary to cancel the scheduled public hearing. A new date will be presented to the Council when the appraisal information has been completed. 6/ Agenda Information Memo May 16, 2000 Eagan City Council Meeting NEW BUSINESS A. CONSIDER LOCAL PRIMARY ELECTION ACTION TO BE CONSIDERED: To approve or deny a resolution that elects to hold a municipal primary election in accordance with Minnesota Statute 205.065, directs that all action required under the statute be taken, resolves that the first municipal primary election be held in the year 2000 in accordance with the statute and is effective for all ensuing municipal elections until it is revoked. FACTS: • At the April 18 regular City Council meeting, staff was directed to research the issue of what is required to implement a primary election for a municipality. • Information was compiled by former Finance Director/City Clerk VanOverbeke outlining provisions within Minnesota Statutes, Section 205.065 Subd. 1 - Subd 4, that provides the statutory process that the City Council may, by ordinance or resolution, adopt at least three months before the next municipal general election, elect to choose nominees for municipal offices by a primary as provided in Subd. 2 of Section 205.065. • At the direction of City Councilmembers Bakken and Carlson, a discussion regarding a local primary election was placed on the April 25 Special City Council meeting agenda. • Direction was given at the special meeting of April 25 to schedule consideration for a local primary election on the May 16 regular City Council agenda. • Staff was directed to check with the Cities of Inver Grove Heights, South St. Paul, Hastings and Bloomington to research the following questions: 1) How much additional cost is involved for your City to have a municipal primary? 2) Do you feel that candidates spend more or less on campaigning with a municipal primary? 3) Does your City elect its Councilmembers by wards or at -large? 4) Additional comments. Barb Hand, Accounting Clerk/Deputy Clerk, has completed the study. ATTACHMENTS: • Attached on pages Z3 through lis a copy of a memo from former Director of Finance VanOverbeke entitled, " rimary Election." • Attached on pages through is a memo from Barb Hand, Accounting Clerk/Deputy Clerk, entitled, "Primary Elections for City Officials." • Attached on pages 70 through 9/ is a copy of a resolution prepared by the City Attorney establishing a primary election. 6� city of eagan MEMO TO: City Administrator Hedges FROM: Finance Director/City Clerk VanOverbeke DATE: April 20, 2000 SUBJECT: Primary Election At your request, which follows the City Council direction at the April 18, 2000 meeting, I have researched the issue of what is required to implement a primary election for a municipality. First, there is no requirement to hold a primary election depending on the number of candidates filing for a general election. Because the dates of the filing period are determined by the election type (primary or general), the scheduling of a primary cannot result from the number of candidates who file for a general election. On the other hand, a primary is not actually held, even though provided for, unless there are more than twice the number of individuals who actually file than the number to be elected to a municipal office. Per Minnesota Statutes, Section 205.065 Subdivision 1, a municipal primary for the purpose of nominating elective officers may be held in any city on the first Tuesday after the second Monday in September of any year in which a municipal general election is to be held for the purpose of electing officers. Further by Subdivision 2 of the same section, the governing body of a city may, by ordinance or resolution adopted at least three months before the next municipal general election, elect to choose nominees for municipal offices by a primary as provided in this section. In calendar year 2000 that deadline is technically August 7, although that does not allow meeting the deadline for candidates to file for a primary. The resolution or ordinance, when adopted, is effective for all ensuing municipal elections until it is revoked. The clerk must notify the secretary of state and the county auditor within 30 days after the adoption of the resolution or ordinance. Finally, Subdivision 4, provides that when not more than twice the number of individuals to be elected to a municipal office file for nomination for the office, their names shall not be placed upon the primary ballot and shall be placed on the municipal general election ballot as the nominees for that office. 63 The filing dates for the November 12, 2000 municipal general election are August 29, 2000 through September 12, 2000. In the event the City chose to add a primary election for this year, the filing dates for the primary would be July 4, 2000 through July 18, 2000. To adequately announce the earlier filing dates, a period of time for communication with the public would probably be required after action was taken to incorporate a primary into the election process. For reference, I have attached copies of the following: 1. A page from the League of Minnesota Cities (LMC) Handbook that covers the - issue of city primaries. Please note the correction on the time period for the adoption of an ordinance or a resolution. I verified the correction with the LMC today. 2. Two pages from the Election Law Handbook that includes the specific statutes referenced in the LMC material. I do not think there would be a significant cost associated with including a municipal primary as long as the municipal elections continue to be held in even years where there is already a state primary. Please let me know, if you would like anything else. Fine Director/City Clerk cc: Deputy Clerk Barb Hand 6� Minn. Stat. § 205.13, subd. 1. Minn. Stat. § 205.13, subd.6. Minn. Stat. § 205.065, subd. 2. Minn. Stat. § 205.065, subds. 1, 4. Minn. Stat. § 205.065, subd. 5. HANDBOOK FOR MINNESOTA CRIES or five percent of the number of votes cast in the election district at the preceding city general election when that office was on the ballot. The clerk must make sample petition forms available on request. Candidacy by application of voters Any five voters may file a petition on behalf of the candidacy for city election of any qualified voter. The voters must file this petition or application that should contain the same information about the candidate as the affidavit of candidacy. Before filing it, the voters must give a copy of the petition to the proposed candidate. The petition must include proof of this in the form of either the candidate's endorsement on the petition, or an affidavit stating that the candidate received a copy of the application. The filing fee is due when the voters file the petition. Withdrawal of candidacy Candidates for city elective office may withdraw by filing an affidavit of withdrawal with the city clerk before noon on the day after the last day for filing affidavits of candidacy. Withdrawal is not possible after that time. ,r, Withdrawal does not entitle the candidate to a refund of the filing fee. �,o 0 s' O City primaries Cay A Any city may establish a city primary if the council adopts an ordinance or resolution et-lemt-eitt-weeietbefore the next city general election, unless a ill city charter provides otherwise. e vy. o Once the city adopts a primary, it stays in effect for all ensuing elections until revoked by the council. The city must hold the primary on the first Tuesday after the second Monday in September of the year in which the city general election is held. As in the case of nonpartisan offices, a primary is not necessary when not more than twice the number of people to be elected file for office. In this case, the names of the candidates go directly on the general election ballot. Names go on the ballot without partisan designation. Within two days after the primary, the council must canvass the votes and certify to the city clerk the names of the two candidates for each office who receive the highest number of votes. If two councilmembers are up for election, however, the council must issue certificates of nomination to the four candidates receiving the highest number of votes. Primary winners' names go on the official ballot without partisan designation and without payment of an additional fee or filing of any additional papers. 90 6S MINNESOTA ELECTION LAWS -1997 CHAPTER 205 MUNICIPAL ELECTIONS 205.01 MS 1957 Repealed, 1959 c 675 art 13 s 1 205.01 DEFINITIONS. Subdivision 1. The definitions in chapter 200 and in this section apply to this chapter. Subd. 2. "Municipal election" means an election held in any municipality at which the voters of the municipal- ity nominate or choose by ballot any public officials for the municipality or decide any public question relating to the municipality that is lawfully submitted to them. History: 1959 c 675 art 6 s 1; 1981 c 29 art 7 s 6 205.02 MS 1957 Repealed, 1959 c 675 art 13 s 1 205.02 STATUTES APPLICABLE. Subdivision 1. Minnesota election law. Except as provided in this chapter the provisions of the Minnesota election law apply to municipal elections, so far as practicable. Subd. 2. City elections. In all statutory and home rule charter cities, the primary, general and special elections held for choosing city officials and deciding public questions relating to the city shall beheld as provided in this chapter, except that sections 205.065, subdivisions 4 to 7; 205.07, subdivision 3; 205.10; 205.121; and 205.17, subdivisions 2 and 3, do not apply to a city whose charter provides the manner of holding its primary, general or special elections. History: 1959 c 675 art 6 s 2; 1983 c 62 s 1; 1987 c 62 s 5; 1989 c 209 art 2 s 1; 1994 c 646 s 3 205.021 Repealed, 1983 c 62 s 12; 1983 c 216 art 2 s 11 205.03 MS 1957 Repealed, 1959 c 675 art 13 s 1 205.03 MS 1982 Repealed, 1983 c 62 s 12 205.04 MS 1957 Renumbered 205.19 205.04 MS 1982 Repealed, 1983 c 62 s 12 205.041 MS 1973 Supp Repealed, 1974 c 337 s 18 205.05 MS 1957 Repealed, 1959 c 675 art 13 s 1 205.05 MS 1974 Repealed, 1976 c 44 s 70 205.06 MS 1957 Repealed, 1959 c 675 art 13 s 1 205.06 MS 1974 Repealed, 1976 c 44 s 70 205.065 PRIMARY ELECTIONS. Subdivision 1. Establishing primary. A municipal primary for the purpose ofnominating elective officers may be held in any city on the first Tuesday after the second Monday in September of any year in which a munici- pal general election is to be held for the purpose of electing officers. Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance or resolution adopted at least three months before the next municipal general election, elect to choose nominees for municipal offices by a primary as provided in this section. The resolution or ordinance, when adopted, is effective for all ensuing munici- pal elections until it is revoked. The municipal clerk shall notify the secretary of state and the county auditor within 30 days after the adoption of the resolution or ordinance. Subd. 3. Repealed, 1994 c 646 s 28 Subd. 4. Candidates, filing. The clerk shall place upon the primary ballot without partisan designation the names of individuals whose candidacies have been filed and for whom the proper filing fee has been paid. When not more than twice the number of individuals to be elected to a municipal office file for nomination for the office, their names shall not be placed upon the primary ballot and shall be placed on the municipal general election ballot 66 MINNESOTA ELECTION LAWS -1997 as the nominees for that office. Subd. 5. Results. The municipal primary shall be conducted and the returns made in the manner provided for the state primary so far as practicable. Within two days after the primary, the governing body of the municipal- ity shall canvass the returns, and the two candidates for each office who receive the highest number of votes, or a number of candidates equal to twice the number of individuals to be elected to the office, who receive the highest number of votes, shall be the nominees for the office named. Their names shall be certified to the municipal clerk who shall place them on the municipal general election ballot without partisan designation and without payment of an additional fee. Subd. 6. Recount. A losing candidate at the municipal primary may request a recount of the votes for that nomination subject to the requirements of section 204C.36. Subd. 7. Vacancy in nomination. When a vacancy occurs in a nomination made at a municipal primary, the vacancy shall be filled in the manner provided in section 204B.13. History: 1983 c 62 s 2; 1987 c 62 s 6,7; 1989 c 209 art 1 s 19; 1994 c 646 s 4,5 NOTE: The amendment to subdivision 1 by Laws 1994, chapter 646, section 4, is effective January 1, 1998. Laws 1994, chapter 646, section 29. 205.07 MS 1957 Repealed, 1959 c 675 art 13 s 1 205.07 CITY GENERAL ELECTION. Subdivision 1. Date of election. The municipal general election in each city shall be held on the first Tues- day after the first Monday in November in every even -numbered year. Notwithstanding any provision of law to the contrary and subject to the provisions of this section, the governing body of a city may, by ordinance passed at a regular meeting held before June 1 of any year, elect to hold the election on the first Tuesday after the first Monday in November in each odd -numbered year. A city may hold elections in either the even -numbered year or the odd -numbered year, but not both. When a city changes its elections from one year to another, and does not provide for the expiration of terms by ordinance, the term of an incumbent expiring at a time when no municipal election is held in the months immediately prior to expiration is extended until the date for taking office following the next scheduled municipal election. If the change results in having three council members to be elected at a suc- ceeding election, the two individuals receiving the highest vote shall serve for terms of four years and the individual receiving the third highest number of votes shall serve for a term of two years. To provide an orderly transition to the odd or even year election plan, the governing body of the city may adopt supplementary ordinances regulating initial elections and officers to be chosen at the elections and shortening or lengthening the terms of incumbents and those elected at the initial election. The term of office for the mayor may be either two or four years. The term of office of council members is four years. Whenever the time of the municipal election is changed, the city clerk immediately shall notify in writing the county auditor and secretary of state of the change of date. Thereafter the municipal general election shall be held on the first Tuesday after the first Monday in November in each odd - numbered or even -numbered year until the ordinance is revoked and notification of the change is made. Subd. 2. Repealed, 1976 c 44 s 70 Subd. 3. Effect of ordinance; referendum. An ordinance changing the year of the municipal election is effective 240 days after passage and publication or at a later date fixed in the ordinance. Within 180 days after passage and publication of the ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition shall be signed by eligible voters equal in number to ten percent of the total number of votes cast in the city at the last municipal general election. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by a majority of the voters voting on the question at a general or special election held at least 60 days after submission of the petition. If the petition is filed, the governing body may reconsider its action in adopting the ordinance. History: 1959 c 675 art 6 s 7; 1973 c 123 art 3 s 4; 1974 c 337 s 3; 1976 c 44 s 5; 1981 c 29 art 7 s 38; 1983 c 62 s 3; 1986 c 444; 1991 c 227 s 19,20; 1994 c 646 s 6; 1995 c 8 s 5 67 city of eagan MEMO TO: Tom Hedges, City Administrator FROM: Barbara J. Hand, Accounting Clerk/Deputy Clerk DATE: May 10th, 2000 SUBJECT: Primary Elections for City Officials Per your request, I have checked with the cities of Inver Grove Heights, South St. Paul, Hastings and Bloomington concerning municipal primary elections. I asked election officials in each of those cities the following questions, the answers they gave are listed directly below each question. 1. How much additional cost is involved for your city to have a municipal primary? ➢ Inver Grove Heights (Christy Wilcox, City Clerk) Additional costs involved is related to ballot printing and publication costs for notices of election, etc. > South St. Paul (Cathy Iago, Clerk) The only additional cost involved is the ballot printing, which is minimal. > Hastings (Adeline, Assistant to Melanie Mesko, City Clerk) Additional costs would be a small ballot printing charge and publications costs. > Bloomington (Deputy City Clerk) Bloomington elects their officials in odd years; therefore they figure a cost of $35,000 - $40,000 for every election the city conducts. 2. Do you feel that candidates spend more or Tess on campaigning with a municipal primary? > Inver Grove Heights (Cathy Iago, City Clerk) Cathy definite/y felt that candidates spend more money with a municipal primary initially. Then, the candidates that continue onto the general wou/d spend even more. South St. Paul (Christy Wilcox, City Clerk) Hard question to answer for Christy, but she felt that candidates probably spend the same amount of money. ➢ Hastings (Adeline, Assistant to Melanie Mesko, City Clerk) Since Hastings has a/ways had a municipal pr/maty, it is hard to judge. Adeline did say that they had only one candidate in 1998 that spent over $750.00 according to the Campaign Financial Reports that were filed. > Bloomington (Deputy City Clerk) She felt that candidates probab/y spend about the same. The candidate's print up the same number of signs, the signs are just out ear/ler. The cand/dates that continue to the General Election have signs that wou/d stay up past the Pr/maty Election. 3. Does your city elect it's council members by wards or at large? > Inver Grove Heights - At Large > South St. Paul - At Large > Hastings — Mayor is At -Large, 2 Council Members are At -Large, and 4 Council Members have Districts. > Bloomington — Mayor is At -Large, 2 Council Members are At -Large, and 4 Council Members have Districts. 69 CITY OF EAGAN RESOLUTION NO. 2000 - WHEREAS, The Eagan City Council received a report on the option of a local primary election at its special City Council meeting held on Tuesday, April 25, 2000, and the City Council also received additional information concerning a local primary election at its regular City Council meeting held on May 16, 2000; and WHEREAS, The Eagan City Council has considered the issue of a primary election and determined that a municipal primary election is permitted by Minn. Stat. §205.065; and WHEREAS, The Eagan City Council believes that a municipal primary election to choose nominees for municipal offices is a beneficial to the voters of Eagan; and WHEREAS, the Eagan City Council determined that a local primary election will not have a significant cost associated with holding the primary election, based on a report generated by its Finance Director/City Clerk; NOW THEREFORE, the Eagan City Council hereby elects to hold a municipal primary election in accordance with Minn. Stat. §205.065 and directs that all action required under the statute be taken; and FURTHER RESOLVES that the first municipal primary election shall be held in the year 2000 in accordance with the statute; and FURTHER RESOLVES that this Resolution is effective for all ensuing municipal elections until it is revoked. 26 Dated this day of May, 2000. ATTEST: CITY OF EAGAN, A MINNESOTA MUNICIPAL CORPORATION By: Maria Karels . By: Patricia E. Awada Its: Deputy City Clerk Its: Mayor 7/ Agenda Information Memo May 16, 2000 B. DENMARK AVENUE DRIVEWAY REQUEST ACTION TO BE CONSIDERED: To approve a request for a new driveway access on to a Minor Collector street and authorize City staff to execute all related right-of-way permits. FACTS: • On April 12, 2000, City staff mailed a letter to Mr. Gerald Bisbee, property owner of 1261 Windcrest Avenue, regarding possible code violations and related right-of-way concerns. • On April 14, after discussing said concerns with City staff, Mr. Bisbee responded with a letter requesting driveway access on to Denmark Avenue. Mr. Bisbee has since completed an application to work within the public right-of-way. • The City of Eagan has spacing standards regarding access on to functionally classified streets. The standards provide recommendations based upon acceptable traffic flow and safety. • The purpose of the request is to allow Mr. Bisbee to have access to his backyard where he has stated he would store trailers and/or a recreational vehicle. • The request would allow an additional access on to a designated Minor Collector at a location that does not meet the City's spacing standards. ATTACHMENTS: • Location map, page 93 . • Letter from City Staff, page 99( • Letter from Property Owner, pages • DRIVEWAY REQUEST 1261 WINDCREST AVE. City of Eagan May 10, 2000 city of eagan April 12, 2000 Mr. Gerald Bisbee 1261 Windcrest Avenue Eagan, MN 55123 RE: City Code - Driveway Access; Home Business Dear Mr. Bisbee: PATRICIA E. AWADA Mayor PAUL BAKKEN BEA BLOMQUIST PEGGY A. CARLSON SANDRA A. MASIN Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk The City of Eagan continually monitors health, safety, and aesthetic standards by enforcing land use requirements set by City Code. It has recently come to our attention that a condition of your property may not be in conformance with the Eagan City Code. Specifically, it appears a second driveway is being built, and a home business is being conducted which does not meet City Code requirements. This letter is being sent to inform you because you may be unaware of these codes. Requirements need to be met to obtain new access onto Denmark Avenue. Placement of driveway in relation to the intersecting street and thickness of the sidewalk to avoid cracking and damage are just two issues relating to this. It would be in your best interest to contact City Engineer Russ• Matthys at 651-681-4637 before conducting further work or incurring additional expenses regarding your project. In addition, equipment stored on your property indicates there may be a lawn maintenance business run out of the home. City Code Section 11.03 states "Home occupation means any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when that occupation is conducted within the principal structure, when evidence of the occupation is not visible from the street, when no signs are present other than those permitted in the R districts, no stock in trade is stored on the premises, over-the- counter retail sales are not involved, and entrance to the home occupation is gained from within the structure... No accessory buildings or attached garage shall be used for such home occupations." Commercial equipment would need to be stored in a non-residential location. The City respectfully requests you contact the engineering department regarding the above matter by April 14, 2000. We appreciate your cooperation in complying with this request. Please contact me at 651-681-4690 should you have questions regarding the home occupation ordinance. Sincerely, M. Granley Code Enforcement Cc: Russ Matthys, City Engineer 79 MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122-1897 PHONE (651) 681-4600 FAX. (651) 681.4612 TDD (651) 454-8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity Employer WWW . cityofeagan.com MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN. MINNESOTA 55122 PHONE: (651) 681.4300 FAX: (651)681-4360 TDD (651) 454-8535 April 14. 2000 To: Russ Matthys In regards to the letter I received on April 13th in reference to a home business and driveway access: I am not in the lawn maintenance business. We are removing the dirt birm at the back of the property to make a parking area for my truck & trailers. A six foot privacy fence is being constructed around the area. I have spoken with all of my neighbors and have been assured that they do not have a problem with my trailers. 1 am a one man home repair business. There are no business signs and no retail sales on the premises. When the dirt has been removed, I will be more than happy to put in the proper sidewalk and drive to code. We can do additional plantings in and outside of the fence if needed. There is no construction material storage on the property. Access to the back yard and a fence would conform to the new proposed parking ordinance currently being drafted. I don't understand why we can't access our back yard off of Denmark. We do not believe going in out of our backyard would impede traffic or cause any kind of a hazard. There are weeks where the trailers are not even moved. (hank you, • 2j-eiked14,64LIII Gerald Bisbee 1261 Windcrest Ave. Eagan. MN 55123 cc: M. Granley Bea Blomquist Agenda Information Memo May 16, 2000 Eagan City Council Meeting C. COMPREHENSIVE GUIDE PLAN AMENDMENT & PRELIMINARY SUBDIVISION (SPENCER SPRINGS) STONEWOOD DEVELOPMENT CORPORATION ACTION TO BE CONSIDERED: ➢ To approve a Comprehensive Guide Plan Amendment changing the suggested use of 1.3 acres of land located north of Silver bell Road and east of Nicols Road (in the southwest 1/4 of Section 18) from IND, Limited Industrial to D-1, Single Family (0-3 units/acre). ➢ To approve a Preliminary Subdivision entitled the "Spencer Springs" located in the southeast 1/4 of Section 18 subject to the conditions listed in the APC meeting minutes. FACTS: ➢ The site is presently zoned R-1, Residential Single Family and guided IND, Limited Industrial. The area in which the subject property lies was originally part of the Cedar Avenue/Highway 13 Redevelopment Study area but was later removed at the request at the Wuthering heights area residents. ➢ The 1.3 acre property in question is currently unplatted and is occupied by two single family residences which were constructed in the 1940's. The existence of two single family residences upon a single lot represents a nonconforming situation as the City Code presently does not allow more than one principal building upon a lot (except via planned development). ➢ It is the intent of the applicant to remove the two existing homes on the property and construct a new single family dwelling on each proposed lot. ➢ The proposed homes will be impacted in the future by the new north/south runway which is estimated to be operational in 2003. ➢ At their regular meeting on April 25, 2000, the Advisory Planning Commission held a public hearing to consider the Comprehensive Guide Plan Amendment and Preliminary Subdivision and recommended approval subject to the conditions listed in the APC meeting minutes. ATTACHMENTS (2): Minutes of the April 25, 2000 APC meeting, pages 77through 7g. Staff report, pages' through 9,57 7,6 Advisory Planning Commission April 25, 2000 Page 12 DtMrr COMPREHENSIVE GUIDE PLAN AMENDMENT & PRELIMINARY SUBDIVISION — STONEWOOD DEVELOPMENT CORPORATION Chair Heyl opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment to amend the use of 1.3 acres from IND (industrial ) to D-1 Single Family (0-3 units / acre) and a Preliminary Subdivision (Spencer Springs) to create two single family lots, located at 3786 Nicols Road in the SW 1/4 of Section 8. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staff's planning report dated April 18, 2000. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. He further stated that while the proposed two lot, single family residential subdivision is not expected to adversely affect surrounding properties, the proposed single family residential use is not consistent with the current land use directives of the Comprehensive Guide Plan but would be in keeping with the designation of the Comprehensive Plan Update. He further stated that the long term acceptability of single family residential use of the property is considered a policy matter to be determined by City Officials. The applicant, Tony Lund, was present to answer questions of the Commission and public. Chair Heyl asked about notification to potential land owners regarding flight path noise. Mr. Lund stated he would do whatever is required to inform potential buyers of the flight path. There was no public comment. Chair Heyl closed the public hearing. The Commission discussed the mixed use of the area, access and the potential for future problems should a precedent be set. Member Steininger moved, Member Huusko seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to amend the use of 1.3 acres from IND (Industrial) to D-1 Single Family (0-3 units / acre). The motion carried 3-1. Steininger voted nay. Member Steininger moved, Huusko seconded a motion to recommend approval of a Preliminary Subdivision (Spencer Springs) to create two single family lots, located at 3786 Nichols Road in the SW %. of Section 8 subject to the following conditions. 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, El 2. The property shall be platted. Advisory Planning Commission April 25, 2000 Page 13 DRAFT 3. The developer shall be responsible for the abandonment of any well or septic systems within the subdivision, in accordance with City and County requirements. 4. An Individual Lot Tree Preservation Plan shall be required for Lot 1 and for Lot 2. 5. Tree protection measures (i.e. orange colored silt fence or four foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 6. The applicant shall contact the City of Eagan Forestry Division to 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 tree protection fencing. 7. The proposal shall be subject to a cash parks dedication and a cash trails dedication. 8. City Officials make acceptable findings regarding the eight airport noise stipulations. 9. Architectural designs and construction methods for new construction within the development incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 DBA as compared with a noise level of 60 DNL. This will require an inside noise level reduction of at least 15 DBA (DNL level minus required DBA level. 10. In lieu of on-site ponding, the development shall meet the City's water quality requirements via a cash dedication. 11. The developer shall record information against the deed notifying future buyers that the property is located within an airport noise corridor. The motion carried 3-1. Steininger voted nay. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 18, 2000 APPLICANT: Stonewood Development Corp. PROPERTY OWNERS: Sheldon Ramnarine CASE: 18 -CG -01-03-00 18 -PS -05-03-00 HEARING DATE: April 25, 2000 PREPARED BY: Bob Kirmis REQUEST: Comprehensive Guide Plan Amendment and Preliminary Subdivision LOCATION: North of Silver Bell Road and east of Nicols Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: R-1, Residential Single Family SUMMARY OF REQUEST Stonewood Development Corporation is requesting Preliminary Subdivision approval to allow the creation of a two lot single family subdivision entitled "Spencer Springs". The proposed subdivision overlays 1.3 acres of land located north of Silver bell Road and east of Nicols Road in the southwest 1/4 of Section 18. In conjunction with the requested preliminary subdivision, the applicant has also requested a Comprehensive Guide Plan Amendment changing the suggested use of the property from IND, Limited Industrial to D-1, Single Family (0-3 units/acre). The property is presently zoned R-1, Residential Single Family. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The City's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The City's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably 99 Planning Report — Spencer Springs April 25, 2000 Page 2 relate to promoting the public health, safety, morals and general welfare. When a change to a City's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the City. The standard of review of a City's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the City. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). go Planning Report — Spencer Springs April 25, 2000 Page 3 J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The 1.3 acre property in question is currently =platted and is occupied by two single family residences which were constructed in the 1940's. The existence of two single family residences upon a single lot represents a nonconforming situation as the City Code presently does not allow more than one principal building upon a lot (except via planned development). The site is presently zoned R-1, Residential Single Family and guided IND, Limited Industrial. The area in which the subject property lies was originally part of the Cedar Avenue/Highway 13 study area but was later removed. It is the intent of the applicant to remove the two existing homes on the property and construct a new single family dwelling on each proposed lot. EXISTING CONDITIONS Both dwellings are accessed from the west via Nicols Road. Only the northerly home however, is connected to municipal sewer and water. Significant vegetation and slopes both exist along the eastern edge of the property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Planning Report — Spencer Springs April 25, 2000 Page 4 North - Undeveloped; zoned IND, Industrial; guided IND, Industrial South - Goodyear Tire Center; zoned I-1, Limited Industrial, guided IND, Industrial East - Single Family Residential; zoned IND, Industrial; guided IND, Industrial West - Single Family Residential; zoned IND, Industrial; guided IND, Industrial EVALUATION OF REOUEST Comprehensive Guide Plan Amendment To justify the requested subdivision (and resulting use) of the property, it is necessary to change its guided land use from IND, Industrial to D -I, Single Family Residential (0-3 units/acre). While the proposed land use appears compatible with surrounding single family residential uses (to the east and west), it should be noted that there are no other properties in the immediate area which are guided for single family residential use. Thus, it is conceivable that approval of the requested amendment may set a land use precedent in the area. The pending Comprehensive Plan Update designates the subject site (and surrounding properties) as "Special Area" and suggests that its existing single family zoning designation be retained. Therefore, the requested D -I Guide Plan designation appears consistent with the immediate area. The acceptability of the proposed use is considered a policy matter to be determined by City Officials. Preliminary Subdivision Compatibility with Surrounding Area - The subject site is bounded on the east, and west by single family residential uses, on the north by an undeveloped parcel guided for industrial use and on the south by and industrial use (Goodyear Tire). The proposed addition of two new single family dwellings to the area is not anticipated to adversely affect surrounding land uses. However, the proposed homes will be impacted in the future by the new north/south runway which is estimated to be operational in 2003. As previously indicated, the acceptability of the proposed use is considered a policy matter to be determined by City Officials. Lots - The minimum lot area and width requirements of the City Code have been satisfactorily met. Proposed Lot 1 measures 32,743 square feet in size while Lot 2 measures 18,019 acres in size. Setbacks - Both proposed lots demonstrate an ability to comply with R-1 district setbacks. Grading/Topography - The preliminary grading plan is acceptable. The site generally slopes • from south to north with grades ranging from 790 to 756 feet in elevation. No grading is Planning Report — Spencer Springs April 25, 2000 Page 5 proposed with this subdivision. Grading will occur at time of individual building permits for each lot. Storm Drainage - Storm sewer system improvements will not be necessary with this subdivision. The existing storm sewer system will continue to accommodate drainage from the site. Utilities - The preliminary utility plan is acceptable with modifications. Sanitary sewer and water main are available for connection by this subdivision. Sewer and water services to the existing house on Lot 1 can be utilized by the proposed new house on that lot. Connection to the City sewer and water main systems for service to Lot 2 will involve the removal and replacement of a portion of the Nicols Road street surface. The developer should be responsible for the abandonment of any well or septic systems within the subdivision, in accordance with City and County requirements. Streets/Access/Circulation - Public street access is available for Lot 1 from Nicols Road to the west and for Lot 2 from Silver Bell Road to the south. Water Quality/Wetlands - Due to the size and nature of this subdivision, this development should meet the City's water quality requirements via a cash dedication in lieu of ponding. There are no wetlands issues associated with this development. Tree Preservation - A tree inventory has been submitted for this application. It indicates that there are both individual significant trees and significant woodlands currently existing on site. The construction of a house on the proposed Lot 2 will require the removal of some of these significant trees and/or woodlands. A preliminary grading plan has also been submitted. This plan shows proposed grading on both Lots 1 and 2. According to the City of Eagan Tree Preservation Ordinance, a Tree preservation Plan shall be submitted with the connection of new development or with any project for which a City grading permit is required. Therefore, this application shall be required to submit an Individual Lot Tree Preservation Plan with the application for a grading or building permit. Parks - This proposal will be subject to.a cash parks dedication and a cash trails dedication. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at it s current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, residential development is conditional. To approve such development in this area, the City Council needs to make acceptable findings concerning the following: S>3 Planning Report — Spencer Springs April 25, 2000 Page 6 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on -ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run-up areas. With respect to the factual aspects of the findings, the property lies approximately 3 miles south of future runway 17/35 at the airport. On an annual average, approximately 17% of all arrivals and 37% of departures can be expected to use the runways to and from the south. Runway 17/35 is expected to be operational in 2003. At current traffic levels, the airport handles approximately 510,000 operations annually. Because of the relationship of the property to the future departure and arrival procedures and the runway centerlines, a significant portion of the departures and arrivals will track over or near the property. The property is approximately 3 miles from the engine maintenance and run up area. (Issues #3, 4 and 8) As part of its updated Comprehensive Land Use Guide Plan, the City will depict the Metropolitan Council's noise policy contours on its land use and zoning maps. This will serve as notice to future occupants of the potential noise from aircraft operations. (Issue #6) SUMMARY/CONCLUSION While the proposed two lot, single family residential subdivision is not expected to adversely affect surrounding properties, the proposed single family residential use is not consistent with the 8y Planning Report — Spencer Springs April 25, 2000 Page 7 current land use directives of the Comprehensive Guide Plan but would be in keeping with the designation of the Comprehensive Plan Update. With respect to anticipated future air traffic impact, noise attenuation will be important. The long term acceptability of single family residential use of the property is considered a policy matter to be determined by City Officials ACTION TO BE CONSIDERED A. To recommend approval of a Comprehensive Guide Plan Amendment changing the suggested use of 1.3 acres of land located north of Silver bell Road east of Nicols Road (in the southwest 1/4 of Section 18) from IND, Limited Industrial to D-1, Single Family (0-3 units/acre). B. To recommend approval of a Preliminary Subdivision (Spencer Springs) of 1.3 acres of land located north of Silver bell Road east of Nicols Road in the southwest 1/4 of Section 18. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, Bl, E1 2. The property shall be platted. 3. The developer shall be responsible for the abandonment of any well or septic systems within the subdivision, in accordance with City and County requirements. 4. An Individual Lot Tree Preservation Plan shall be required for Lot 1 and for Lot 2. 5. Tree protection measures (i.e. orange colored silt fence or four foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 6. The applicant shall contact the City of Eagan Forestry Division to 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 tree protection fencing. 7. The proposal shall be subject to a cash parks dedication and a cash trails dedication. gs Planning Report — Spencer Springs April 25, 2000 Page 8 8. City Officials make acceptable findings regarding the eight airport noise stipulations. 9. Architectural designs and construction methods for new construction within the development incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 60 DNL. This will require an inside noise level reduction of at least 15 dBA (DNL level minus required dBA level. 10. In lieu of on-site ponding, the development shall meet the City's water quality requirements via a cash dedication. 3:4 FINANCIAL OBLIGATION — Spencer Springs There are pay-off balances of special assessments totaling -$0- on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the fmancial obligations collected in the past and the uses proposed for the • property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT Trunk Storm Sewer S.F. $.086/Sq Ft 50,762 Sq Ft $4,365 Storm Sewer Lateral S.F. $24.45/ F.F. 264 F.F. 6,456 TOTAL $10,822- 8� STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Wav 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. gg 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission- City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10. 1990 LTS$5 STANOARO.CON 89 Revised: February 2. 1993 Location Map !pan DaaNa.y Street Coat.Alna Parcel Area Building Poo!print Development/Devoloper: Spencer Springs Application: Preliminary Subdivis Case No.: 18 -CG -01-03-00 City of Eagan 1000 0 1000 omp. Guide Plan Amendment 11M' •m•auss..ind ERN MCV*. 1.1. Puma s..e sop sole provided M Omar cameo lass Strom Dg.rsa..r.a/ Y mow of JrnWo 1N0. TIES MAP IS INTENDED FOR REFERENCE YME ONLY The City of Eapa sad Dakota County N Rot Eaaraatso flea accuracy of SW lahnaatlos and ars Mt nspoa.Dlo Mr *non or s.Msslsas. 2000 Fest Current Zoning and Comprehensive Guide Plan Land Use Map Spencer Springs Case No. 18 -CG -01-03-00 Zoning Map Current Zoning: I-1 Limited Industrial r» . ... ,... het Comprehensive Guide Plan Land Use Map Current Land Use Designation: IND Limited Industrial • ... ,.M het +Cityof Eagan Community Development Deparenent ht.M t... Sep Y/rme.a.a p..W.d by a+w C.wy Lw army e.rrr..e IMAM a.r.e trrm.,w p.wbr by L.wat.. •w 1111 W - by ou/ titan. 2_ TINS nap Is animas rat REFSRSNCI USE ONLY Tho City of Sadao arid Dakota Comely do wet daaranbo the accuracy of this h,loentatlan. tf% ii; 1• }1_ t: tI 1 1 t' PRELIMINARY SUBDIVISION GRADING PLAN 9,3 F 1 9� UTILITY PLAN 11i ie 11 is v 1 !I 11 11 1 1' 11 9S �•i ; 6 it; !r 1{ st rtj 1{i��. t e 17 0 Agenda Information Memo May 16, 2000 Eagan City Council Meeting D. PRLIMIMINARY PLANNED DEVELOPMENT AMENDMENT & PRELIMINARY SUBDIVISION (SAFARI AT EAGAN 3" ADDITION) — FORTUNE REALTY ACTION TO BE CONSIDERED: ➢ To approve a Preliminary Planned Development Amendment to allow three commercial uses upon approximately 7.0 acres of land located north of Cliff Road and west of Thomas Center Drive in the southwest 1/4 of Section 28 subject to the conditions listed in the APC meeting minutes. ➢ To approve a Preliminary Subdivision (Safari Heights 3rd Addition) located north of Cliff Road and west of Thomas Center Drive in the southwest 1/4 of Section 28 subject to the conditions listed in the APC meeting minutes. FACTS: ➢ Approved in the Spring of 1997, the existing Blackhawk Park Planned Development calls for the construction of two 21,000 square foot office buildings and a 14,000 square foot movie theater upon the subject property. ➢ The requested Planned Development Amendment has been prompted by the applicant's desire to expand the off-street parking supply for the Lifetime Fitness Health Club. ➢ The applicant is proposing to amend the Planned Development to allow the construction of a 10,000 square foot restaurant, a 35,000 square foot office development (within four buildings) and a 159 stall parking lot (expansion for Lifetime Fitness). ➢ As part of the planned development, flexibility has been specifically requested in the following areas: • The creation of a lot without public street frontage (Lot 3) • An off-street parking lot as a principal use (Lot 3) • Multiple principal buildings upon a lot (Lot 2). • A shared off-street parking arrangement (for Lot 2) • A 25' building setback from a residentially zoned property (50' setback required) • Two pylon signs upon a single lot (Lot 1) ➢ A neighborhood meeting was held on April 18, 2000 to provide an opportunity for area property owners to review the development plans. The meeting was attended by 19 persons. Primary issues/concerns raised at the meeting included the following: ➢ Lighting (height of light standards and intensity) ➢ Fence maintenance responsibilities ➢ Landscaping (density of vegetation) > Office building occupancy ➢ Sign height ➢ Restaurant odors and liquor service > Previous Lifetime Fitness approval (fulfillment of original conditions) > At their regular meeting on April 25, 2000, the Advisory Planning Commission held a public hearing to consider the Preliminary Planned Development Amendment and Preliminary Subdivision and recommended approval subject to the conditions listed in the staff report. ISSUES: > In response to concerns cited by area residents, the APC has recommended (and the applicants have agreed to do) the following: > Lower the height of light standards along the perimeter of the parking lot from 24 feet to 18 feet. ➢ Locate heating and cooling units on the interior sides of the office buildings and screen them from view of the adjacent residential area. > Install an odor resistant exhaust system on the restaurant. ➢ Prohibit a separate bar within the restaurant. > Provide additional landscaping on the south side of the restaurant's access drive. ➢ Prohibit security lighting on the west (residential) side of the office buildings. ATTACHMENTS (2): Minutes of the April 25, 2000 APC meeting, pages9g through /% Staff report, pages/dol through/ 41 Advisory Planning Commission April 25, 2000 Page 14 DAFT PRELIMINARY SUBDIVISION AND PLANNED DEVELOPMENT AMENDMENT — FORTUNE REALTY Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Safari at Eagan 3`d Addition ) of approximately seven acres to create three lots and a Planned Development Amendment to allow a parking lot, office building and a restaurant, legally described as Outlot A, Safari at Eagan, located on the north side of Cliff Road, abutting the west side of Thomas Center Drive in the SW 1/4 of Section 28. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staff's planning report dated April 19, 2000. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. He further stated that the proposed three lot commercial subdivision and associated uses appear compatible with existing and anticipated uses in the area. The applicant, Byron Watschke, Fortune Realty, along with Loren Brueggemann, Nancy Gunderson, Lifetime Fitness and Bob Johnson, IDC Development, reviewed the proposed Preliminary subdivision and planned development amendment. Their discussion included the type of restaurant to be built (Class I); the proposed parking lot, fencing, landscaping and lighting including issues that were not completed when Lifetime was originally constructed. A neighborhood meeting had previously been held and answers to many questions raised at the meeting were addressed. Six area residents were present and expressed their concern over the following: • Landscaping plan • Lighting • Proximity and type of restaurant to residential area • Type of liquor license • Increased traffic in the area • Signage • Increased noise • Ventilation of restaurant • Drainage from site • Security lighting Chair Heyl closed the public hearing. The Commission held a discussion which included: • Berming and fencing • Landscaping on south side of site • Setbacks for air conditioning and heating condensers 9,, Advisory Planning Commission April 25, 2000 Page 15 DRAFT • Type of restaurant • Bar area and type of liquor license • Possibility of Lifetime Fitness property being replatted to include parking area • Height of lighting • No security lighting allowed Member Huusko moved, Member Steininger seconded, a motion to recommend approval of a Planned Development Amendment to allow a parking lot, office building and a restaurant, legally described as Outlot A, Safari at Eagan, located on the north side of Cliff Road, abutting the west _side of Thomas Center Drive in the SW % of Section 28 subject to the following conditions: 1. The City shall approve the Safari at Eagan 3`d Addition preliminary subdivision and the developer shall satisfy all the conditions attached thereto. 2. The Preliminary Planned Development shall approve the following uses on site: > A 10,000 square foot, class I restaurant and associated off-street parking upon a single lot. > Two 12,000 square foot office buildings (two stories), two 5,500 square foot office buildings (one story) and associated off street parking upon a single lot. > Parking lot expansion for Lifetime Fitness (to be combined with Lot 1, Block 1, Safari at Eagan 2nd Addition). 3. The developer shall enter into a Preliminary Planned Development Agreement with the City in accordance with Section 11.40 Subd. 6 of the City Code prior to the Final Planned Development application. 4. The term of the Preliminary Planned Development shall be 10 years from the date of City Council approval. • 5. Prior to Council consideration of Final Planned Development for Lots 1 and 2, the following plans shall be submitted: > Final Subdivision > Final Site Plan . > Final Lighting Plan > Final Utility Plan > Final Grading, Drainage & Erosion Control Plan > Final Landscaping Plan > Final Signage Plan > Final Building Elevations 6. Prior to Council consideration of Final Planned Development for Lot 3, the following plans shall be submitted: 9? Advisory Planning Commission April 25, 2000 Page 16 VV\'Y'\'V Final Subdivision Final Site Plan Final Lighting Plan Final Utility Plan Final Grading, Drainage & Erosion Control Plan Final Landscape Plan DRAFT 7. Either the size of Lot 2 shall be expanded to accommodate required off-street parking (for the proposed office uses) or the area of the office uses shall be reduced such that the required number of off-street parking stalls can be accommodated upon proposed Lot 2 in its present configuration. 8. Proposed Lot 3 shall be combined with the adjacent Lifetime Fitness lot (Lot 1, Block 1, Safari at Eagan 2nd Addition) as part of the Final Subdivision as approved by the City Attorney. 9. No more than one pylon sign shall be allowed upon proposed Lot 1. All site signage shall be in accordance with the City Sign Code. 10. All trash enclosures shall be attached to the principal building(s) and meet the requirements of the City Code. 11. Perimeter lights shall be 18 feet with shields. 12. Heating/cooling units shall be located on the interior sides of the office buildings and screened from view of the residential area. 13. The restaurant shall install odor resistant exhaust system. 14. There shall be no separate bar area in the restaurant. 15. Additional landscaping shall be installed on the south side of the restaurant's access drive. 16. There shall be no security lights on the back of the office buildings. All voted in favor. Member Huusko moved, Member Steininger seconded, a motion to recommend approval of a Preliminary Subdivision (Safari at Eagan 3`d Addition) of approximately seven acres to create three lots subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993. Al, Bl, B2,B3,B4,CI, C2,C4,D1,E1 Advisory Planning Commission April 25, 2000 Page 17 DRAFT 2. Proposed Lot 3 shall be combined with the adjacent Lifetime Fitness lot (Lot 1, Block 1, Safari at Eagan 2"d Addition) as part of the Final Subdivision. 3. The developer shall be responsible for the necessary improvements at the Thomas Center Drive -Beacon HilUCliff Road intersection to provide a dedicated southbound right -turn lane, including pavement markings and signal loop detector revisions. 4. The Final Subdivision shall provide a drainage and utility easement over Pond BP -39 up to three feet above its calculated high water level. 5. The development shall be responsible for obtaining all necessary permits from regulatory agencies, including Williams Brothers Pipeline and Dakota County, prior to Final Subdivision approval. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 19, 2000 CASE: 28 -PS -06-03-00 28 -PA -05-03-00 APPLICANT: Fortune Realty HEARING DATE: April 25, 2000 PROPERTY OWNER: Eagan 30.7C PREPARED BY: Bob Kirmis REQUEST: Preliminary Subdivision and Preliminary Planned Development LOCATION: North of Cliff Road and west of Thomas Center Road in the SW Vs of Section 28 COMPREHENSIVE PLAN: CSC, Community Shopping Center ZONING: PD, Planned Development SUMMARY OF REQUEST Fortune Realty is requesting Preliminary Subdivision approval to allow the creation of a three lot commercial subdivision entitled "Safari at Eagan 3rd Addition". The proposed subdivision overlays 7.0 acres of land currently platted as Outlot A, Safari at Eagan 2nd Addition located north of Cliff Road and west of Thomas Center Drive in the southwest'/, of Section 28. In conjunction with the preliminary subdivision, the applicant has also requested approval of a Preliminary Planned Development Amendment to allow the construction of a 10,000 square foot, class I restaurant, a 35,000 square foot office development (within four buildings) and a 159 stall parking lot (expansion for the Lifetime Fitness Health Club) upon the aforementioned lots. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: ioa Planning Report — Safari at Eagan 3rd April 25, 2000 Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." /03 Planning Report — Safari at Eagan 3rd April 25, 2000 Page 3 Planned Development: Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUND/HISTORY The subject property was originally part of the Blackhawk Park Planned Development approved by the Eagan Town Board in 1972. The original plan was highly generalized and incorporated area bounded on the northwest by I -35E, on the south by Cliff Road and on the east by Pilot Knob Road. Over the years, the planned development has been revised numerous times. In 1993, the Lifetime Fitness Health Club was approved. In conjunction with the health club approval, a second run movie theater and a 7,500 square foot restaurant were proposed upon the subject property. In the fall of 1996, the City approved a Planned Development Amendment to allow Lifetime Fitness to utilize a lot south of Thomas Center Drive as a satellite parking lot (to supplement the health club's parking demand). In the spring of 1997, a Final Planned Development was executed (between the City and the developer) to allow two 21,000 square foot office buildings and a 14,000 square foot movie theater upon the subject property. Because the Final Subdivision associated with the Final Planned Development was not recorded.within 60 days of approval however, the approval was rendered null and void. Presently, the requested Planned Development Amendment has been prompted by the applicant's desire to further expand the off-street parking supply for the Lifetime Fitness Health Club. /ay Planning Report — Safari at Eagan 3rd April 25, 2000 Page 4 EXISTING CONDITIONS The subject site has been previously graded and is void of any vegetation. A 100' Williams Brother's pipeline easement is located on the western half of the site. Such easement will influence site development as no structure may be placed upon it. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single Family Residential (Thomas Lake Woods); zoned PD, guided D -I South - Single Family Residential (Beacon Hill); zoned PD, guided D -I East - Lifetime Fitness Health Club and Thomas Lake Shopping Center; zoned PD, guided CSC West - Single Family Residential (Woodgate.Addition); zoned PD, guided D -II EVALUATION OF REQUEST Planned Development Land Uses - As previously mentioned, the applicant is proposing to amend the Blackhawk Park PD to allow the construction of a 10,000 square foot restaurant, a 35,000 square foot office development (within four buildings) and a 159 stall parking lot (expansion for Lifetime Fitness). As part of the planned development, flexibility has been specifically requested in the following areas: > The creation of a lot without public street frontage (Lot 3) > An off-street parking lot as a principal use (Lot 3) > Multiple principal buildings upon a lot (Lot 2). D A shared off-street parking arrangement (for Lot 2) > A 25' building setback from a residentially zoned property (50' setback required) > Two pylon signs upon a single lot (Lot 1) Compatibility with Surrounding Area - The proposed development is generally similar to the development proposal approved in 1997 in terms of intensity. Whereas the previous approval resulted in a total of 47,940 square feet of buildings, the current proposal results in a total building square footage of 45,000 square feet. Considering that the subject site is bounded on the north and west by residential uses, proper screening of the proposed development will once /as Planning Report — Safari at Eagan 3rd April 25, 2000 Page 5 again be important m determining its compatibility with surrounding uses. Details relating to screening and buffering efforts will however be discussed in a latter section of this report. A determination as to the acceptability of the proposal is ultimately considered a policy matter however, to be determined by City Officials. Site Plan - The development proposal consists of three lots and includes the following components: LOT AREA USE 1 2.8 ac. 10,000 square foot, class I restaurant 2 2.5 ac. Two 12,000 square foot office buildings (two stories) Two 5,500 square foot office buildings (one story) 3 2.4 ac. Parking lot (159 spaces) Lots 1 and 2 are accessed from the east via two curb cuts from Thomas Center Road. Proposed Lot 3 would receive its primary access through the Lifetime Fitness lot (the applicant has proposed cross access). Lots - While the proposed lot layout appears relatively straight -forward, two primary concerns exist. 1. Proposed Lot 2 (35,000 SF of office) cannot accommodate the City Code off-street parking requirements. The parking shortfall is proposed to be accounted for on an adjacent parcel (through cross parking easements) that will not be controlled by the future owner of Lot 2. 2. Proposed Lot 3 (159 space parking lot) is adjacent to the Lifetime Fitness parcel it is intended to serve, the existing Lifetime Fitness lot should be therefore be re -platted to incorporate proposed Lot 3. According to the City Code, a total of 187 off-street parking spaces are necessary to accommodate the proposed office uses upon Lot 2. The submitted site plan illustrates a total of 154 off-street parking spaces on-site and another 33 spaces upon Lot 3 (to be shared with Lifetime Fitness). While the proposed "shared" parking arrangement is considered positive (in recognition of peak parking demands for each use), concern exists that the office uses would be dependent on "off-site" parking to fulfill its parking requirement. To address this concern, one of the two following altematives are suggested: A. Expand the size of Lot 2 to accommodate 187 stalls as required by the City Code. /06 Planning Report — Safari at Eagan 3rd April 25, 2000 Page 6 B. Reduce the area of the proposed office uses such that the required number of off-street parking stalls can be accommodated upon proposed Lot 2 in its present configuration. The second item of concern relates to Lot 3. As noted on the site plan, Lot 3 (the off-street parking lot) is not afforded public street access and would establish a parking lot as a principal use of a property. While the creation of a lot without public street frontage (and off-street parking as a principal use) can be accommodated via the planned development, it's existence could be a problematic long term situation particularly if the Lifetime Fitness parcel were sold independently of the "parking lot" parcel. Such sale would result in a use with potentially an in efficient parking supply (Lifetime Fitness) and a commercial lot without public street frontage and questionable developability. To address this concern, it is suggested that the Lifetime Fitness parcel and its supplemental parking lot parcel (proposed Lot 3) be combined into a single lot of record. Phasing - The applicant has submitted the following phasing plan: Lot 3, Lifetime Parking Expansion Immediate Lot 2, 12,000 s.f. office Fall 2000 12,000 s.f. office Summer 2001 5,500 s.f office Fall 2001 5,500 s.f. office Spring 2002 Lot 1, Restaurant Fall 2001 Off-street parking - While the applicant has presented a three lot development proposal, off-street parking demand requirements apply only to proposed Lots 1 and 2 (Lifetime Fitness exceeds City requirements). Although a physical supply exists to meet the off-street parking demands of each use (through proposed cross parking easements), concern exists that a portion of the off- street parking supply for the offices uses exists off-site (upon proposed Lot 3). In response to this concern, the applicant's have proposed a shared parking arrangement with cross parking easements being established. All parking stall dimensional requirements of the City have been satisfied. Setbacks - The PD zoning designation does not establish specific setback requirements. The CSC district standards are however, considered an appropriate guideline. Within the CSC district, a minimum setback of 50 ` is required from an adjacent residential zone. According to the site plan, a 25' setback has been proposed between the proposed single story office buildings and the adjacent residential zone to the west. In an effort to mitigate any adverse impacts associated with the proposed setback, a substantial amount of landscaping has been proposed along the perimeter of the subject property. Additionally, no vehicular activity has been proposed on the west sides of the office buildings. Planning Report — Safari at Eagan 3rd April 25, 2000 Page 7 Building Height - The PD zoning designation does not establish a maximum height requirement. The CSC district standards are however considered an appropriate guideline. Within the CSC district, a maximum building height of 35' is established. While the submitted site plan indicates the number of stories, building heights (in feet) have not been specified. The restaurant and the two westernmost office buildings are proposed to be single story structures while the two eastern office buildings are proposed to be two stories. Building Materials - Building elevations and finish material specifications have not been provided and will be addressed as part of the Final Planned Development. Building Coverage - A building coverage of 13.1 percent has been proposed. This well below the maximum 30 percent coverage allowance specified in the comparative CSC zoning district. Site Lighting - According to the Lighting Plan, fixtures measuring 24' in height have been proposed upon the subject site. Those fixtures located on the perifery of the property are proposed to have side and rear glare shields to minimize impacts upon surrounding properties. As a condition of Final Planned Development approval, light fixtures must be directed such that the source is not visible from adjacent rights-of-way or residential properties. Trash - Trash enclosure details for site uses have not been specified. As a condition of Final Planned Development approval however, all trash enclosures must be attached to the principal building and meet all requirements of the City Code. Landscaping - The landscape plan appears satisfactory. The plan indicates a mixture of Red Maple, Colorado Spruce and Austrian Pine (6' in height) along the berm and perimeter of the property. A mixture of Marshall's Ash and spirea have been proposed within parking lot islands. Little Leaf Lindens have been proposed along the east side of Lot 3 and along Thomas Center Drive. Signage - According to the submitted site plan, two pylon sign have been proposed near the intersection of Cliff Road and Thomas Center Drive. While the City Code stipulates that freestanding pylon signs are considered conditional uses, they can be accommodated via the PD. The Code further states that not more than one pylon sign may be allowed per building and that such sign must be located upon the lot 6n which the building is located. Thus, one of the pylon signs should be eliminated. It also should be understood that such pylon sign may not incorporate off -premise advertising. As a condition of Planned Development approval, the location and dimensions of all signs shall be in accordance with the City Sign Code. Neighborhood Meeting - A neighborhood meeting was held on April 18, 2000 to provide an opportunity for area property owners to review the development plans. The meeting was attended by 19 persons. Primary issues/concerns raised at the meeting included the following: /cq Planning Report — Safari at Eagan 3rd April 25, 2000 Page 8 D. Lighting (height of light standards and intensity) ➢ Fence maintenance responsibilities ➢ Landscaping (density of vegetation) ➢ Office building occupancy ➢ Sign height ➢ Restaurant odors and liquor service ➢ Previous Lifetime Fitness approval (fulfillment of original conditions) Preliminary Subdivision Lots - The proposed subdivision consists of three lots. Lot 1 measures 2.8 acres in size and is intended to accommodate a restaurant. Lot 2 measures 2.5 acres in size and is intended to accommodate four office buildings while Lot 3 measures 7.7 acres in size and is intended to provide additional off-street parking for the Lifetime Fitness Health Club. As noted previously, two concerns exist in regard to the proposed lot configuration. First proposed Lot 2 is not large enough to support its required parking supply. To address this concern either the lot should be expanded in size or the area of the office uses should be reduced such that off-street parking requirements can be fulfilled on-site. Secondly, lot 3 is not afforded public street frontage. To address this concern, it is suggested that the lot be combined with the adjacent Lifetime Fitness lot as part of Final Subdivision. Grading - The preliminary grading plan is acceptable. The site is open with and generally slopes from west to east with elevations ranging from 970 to 940. Four Williams Brothers gas pipelines (with a 100 -foot wide easement) run through the middle of the site in a north -south alignment. The developer does not propose to lower these pipelines as part of the development. The terracing of the parking lot area on Lot 3 to accommodate the existing pipelines will require some steeply sloping (approx. 8%) service drives. The proposed grade of the parking lot in the northwest corner is 967, approximately 17 feet above the first floor elevation of closest townhouse building to the north in the Thomas Lake Woods Addition, and approximately level with the residential unit to the west on the north side of Hickory Lane in the Woodgate Addition. Storm Drainage - The preliminary storm drainage plan is acceptable. Storm water runoff from this development will drain via existing public storm sewer to Pond BP -13.1 (as designated in the City Storm Water Management Plan) east of the Lifetime Fitness Center. This pond has been designed and constructed to handle the runoff from this development. /0 q Planning Report — Safari at Eagan 3rd April 25, 2000 Page 9 Pond BP -39 along the south edge of the site, will be expanded as part of a separate public improvement project administered by the City. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main are available from Thomas Center Drive to the east and Hickory Lane to the west. The preliminary utility plan shows looping of the public water main from a 6 -inch water main stub in Hickory Lane through the development and connection to an existing 6 -inch water main stubbed from the Lifetime Fitness site. Existing 1'/2" copper water service lines, that will not be utilized by this development but are stubbed to this site from Thomas Center Drive, should be abandoned in accordance with City standards. Streets/ Access/ Circulation - Public street access is available from Thomas Center Drive, a looping street that intersects with both Cliff Road and Thomas Lake Road. The Thomas Center Drive — Beacon Hill Road/CliffRoad intersection is controlled by a traffic signal system. A traffic study was previously prepared with the original Safari at Eagan 3' Addition development proposal which indicated that, based on projected southbound traffic volumes on Thomas Center Drive, the street should be reconfigured to provide an exclusive southbound right turn lane. This can be accomplished by providing turn lane pavement marking channelization of the existing street surface. The developer should be responsible for the necessary improvements at the Thomas Center Drive - Beacon Hill/Cliff Road intersection to provide a dedicated southbound right -turn lane, including pavement markings and signal loop detector revisions. The preliminary site plan shows a 6 -foot wide concrete sidewalk along the west side of Thomas Center Drive, completing the sidewalk system in the area. Easements/ Permits/ Right -of -Way - The final plat should provide drainage & utility easement over Pond BP -39 up to three feet above its calculated high water level. The development should be responsible for obtaining all necessary permits from regulatory agencies, including Williams Brothers Pipeline, prior to final plat approval. Water Ouality/Wetlands - Stormwater runoff from this site will be directed to the east to Pond BP -13.1, which has been sized to handle the runoff from both the 2nd and 3'd additions of the Safari at Eagan developments. Therefore, there are no additional water quality requirements for this development. Tree Preservation - There are no tree preservation issues relative to this development proposal. Parks - This proposal will be subject to a cash parks dedication and a cash trails dedication at the time of building permit. I/O Planning Report — Safari at Eagan 3rd April 25, 2000 Page 10 Airport Noise Considerations - The subject property lies outside of the airport noise exposure zones established by the Metropolitan Council. SUMMARY/CONCLUSION The proposed three lot commercial subdivision and associated uses appear compatible with existing and anticipated uses in the area. As part of the City's consideration of this request however, the acceptability of the following should be determined: D The creation of a lot without public street frontage (Lot 3) D An off-street parking lot as a principal use (Lot 3) ➢ Multiple principal buildings upon a lot (Lot 2). ➢ A shared off-street parking arrangement (for Lot 2) D A 25' building setback from a residentially zoned property (50' setback required) ➢ Two pylon signs upon a single lot (Lot 1) ACTION TQ BE CONSIDERED A. To recommend approval a Planned Development Amendment to allow three commercial uses upon approximately 7.0 acres of land located north of Cliff Road and west of Thomas Center Drive in the southwest 1/4 of Section 28. If approved, the following conditions should apply: 1. The City shall approve the Safari at Eagan 3' Addition preliminary subdivision and the developer shall satisfy all the conditions attached thereto. 2. The Preliminary Planned Development shall approve the following uses on site: D A 10,000 square foot, class I restaurant and associated off-street parking upon a single lot. D Two 12,000 square foot office buildings (two stories), two 5,500 square foot office buildings (one story) and associated off street parking upon a single lot. ➢ Parking lot expansion for Lifetime Fitness (to be combined with Lot 1, Block 1, Safari at Eagan 2°d Addition). 3. The developer shall enter into a Preliminary Planned Development Agreement with the City in accordance with Section 11.40 Subd. 6 of the City Code prior to the Final Planned Development application. /1/ Planning Report — Safari at Eagan 3rd April 25, 2000 Page 11 4. The term of the Preliminary Planned Development shall be 10 years from the date of City Council approval. 5. Prior to Council consideration of Final Planned Development for Lots 1 and 2, the following plans shall be submitted: ➢ Final Subdivision ➢ Final Site Plan ➢ Final Lighting Plan ➢ Final Utility Plan ➢ Final Grading, Drainage & Erosion Control Plan ➢ Final Landscaping Plan ➢ Final Signage Plan ➢ Final Building Elevations 6. Prior to Council consideration of Final Planned Development for Lot 3, the following plans shall be submitted: ➢ Final Subdivision > Final Site Plan ➢ Final Lighting Plan ➢ Final Utility Plan > Final. Grading, Drainage & Erosion Control Plan ➢ Final Landscape Plan 7. Either the size of Lot 2 shall be expanded to accommodate required off-street parking (for the proposed office uses) or the area of the office uses shall be reduced such that the required number of off-street parking stalls can be accommodated upon proposed Lot 2 in its present configuration. 8. Proposed Lot 3 shall be combined with the adjacent Lifetime Fitness lot (Lot 1, Block 1, Safari at Eagan 2°d Addition) as part of the Final Subdivision. 9. No more than one pylon sign shall be allowed upon proposed Lot 1. All site signage shall be in accordance with the City Sign Code. 10. All trash enclosures shall be attached to the principal building(s) and meet the requirements of the City Code. //Q Planning Report — Safari at Eagan 3rd April 25, 2000 Page 12 A. To recommend approval of a Preliminary Subdivision (Safari Heights 3'd Addition) located north of Cliff Road and west of Thomas Center Drive in the southwest'/. of Section 28. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al B1,2,3,4 C1,2,4 D1 El 2. Proposed Lot 3 shall be combined with the adjacent Lifetime Fitness lot (Lot 1, Block 1, Safari at Eagan 2nd Addition) as part of the Final Subdivision. 3. The developer shall be responsible for the necessary improvements at the Thomas Center Drive -Beacon Hill/Cliff Road intersection to provide a to provide a dedicated southbound right -turn lane, including pavement markings and signal loop detector revisions. 4. The Final Subdivision shall provide drainage & utility easement over Pond BP -39 up to three feet above its calculated high water level. 5. The development shall be responsible for obtaining all necessary permits from regulatory agencies, including Williams Brothers Pipeline and Dakota County, prior to Final Subdivision approval. /45 STANDARD CONDITIONS OF PLAT APPROVAL Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way - 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate exisfing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. tf any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other • 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission- City Council Approved: August 25, 1987 September 15. 1987 Revised: July 10. 1990 LTSNS STANOARO.CON //s- Revised: February 2. 1993 FINANCIAL OBLIGATION Safari At Eagan 3rd There are pay-off balances for special assessments that total $5,103 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for platting. This pending assessment will be allocated to the parcels created by the plat. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT TOTAL $-0- Location Map . NOP* i j11%4i111&►'Irrew LI StreetErman Boundary Farrel Area _ Sunday Footprint LIM 13 4,,,,, t Aro Gov46., ; au ;oe Avg A_14or 44a ii:la � vii .p -,O �■ ► Lade 441°C 1111 �ViZttli P I IFIr9 il ' icill nil I I &*4 ( hi* .iGrea ilrii n Ir de0 �il►�Gc�»G:1��Dkl7�!,��GG1FY tiljere7C1 -41 ItC44T1 1000 0 1000 2000 Feet Development/Developer: Safari at Eagan 3rd Addition Application: Planned Development and Preliminary S Case No.: 28 -PA -05-03-00 and 28 -PS -06-03-00 City of Eagan Cenumelly aay.I.pw.at a.patbe.at Map Propane using ERiI A:tVt.w 3.1. Pastel base map day provided by Winne County Land Sunny t1.pmmn.nt and Y tweet u of Amway 2000. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The Clip of awe and Dakota County de wet guarantee the accuracy of this information and are not responsible for errors or omissions. W E Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: PD Planned Development • GOP ,f0 F.., Comprehensive Guide Plan Land Use Map Current Land Use Designation: CSC Community Shopping Center nee e w ,7e. hot Safari at Eagan 3rd Addition Case No. 28 -PA -05-03-00 and 28 -PS -06-03-00 City of Eagan Community Development Department /.eel W. ..r InM.nll.a provided by Dabola DabsC.eny Land Dern/ b.F.l..nl ,ra1& seelq hM.eMe re.NN by Lawrence Snap ,Nia ani epi -••a by Sky N.R. 2. THIS MAF IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not puaraM.n the accuracy of this Information. w E .81 f 1 — T • •ice �--T le 11 u Iw 1, ler f la !j •1li •1 I, Pro R PREVIOUSLY APPROVED PLANNED DEVELOPMENT %i9 RES10EN11AL riPg iFFAI 41924 S89'33'58'E RESIDENTIAL 0' i i s1 SI N n 8 HICKORY DRIvE N00'38'26" 1 r4 �1 n alto / n• • Ne9'3158'w =2/7:23 ga _ 21 W N Og C.S.A.H. NO. 32 (CLIFF ROAD) r.g gN 277 73 • 2 Z N89'3358"w N89 39.87 four. Lot 11C imI/r o/ orC. „DAKOTA ROAD -/ TY OF WAY MAPNNO. 27 It 2 AT M. 215-M \ YN 4w i 1 1, l e 1 1 1 I W � •� 11F.1 l i E: o MM r J Y i SITE PLAN E J 1 Y 1- 2 W O z 0 d 0 1O h g z �+ • M 2 I. ti t is a ai 111, t lit; 1111 I. lift 1 1 620 0 • s 1 " 1 1 1 3rd ADDITION, PD AMENDMENT z. C.S.A.N. NO. 32 (CLIFF ROAD) 11(NA', 1:f2OWNI to N II 12 IUU111iJIM II P 0 111111 t.ii 11 2 Z lifts nu ......: ee it iso ii t• 1 II I W I 51 YeX41 11111 ii 11,W11111 O 1 r � ! boor $ 71tty� i" /e2/ i 1 LANDSCAP E PLAN • Baa �r tr.[Mk g4 0 ii f- Rt SIDI N11A1 r ---_- C.S.A.H. NO. 32 (CUFF ROAD) DAKOTA RI OF WAY MAPNTY NO. 27A& 27A AT K r i 1 s d 1 Y i z W 0 Z W 4 0 d 1. 4 • 1 1 1;' „s!t J12 iii .1 0. I=' i (11'°71 UTILITY PLAN 2- hp? 3 d a t 3 1 i 9 • • • • • • • • Agenda Information Memo May 16, 2000 Eagan City Council Meeting E. CONSIDER ARC RECOMMENDATION REGARDING PART 150 LAND USE OPTIONS ACTION TO BE CONSIDERED: Approve the recommendation from the Eagan Airport Relations Commission to support inclusion of Land Use Measure 9 (LU -9), with restrictions, and Land Use Measure 10 (LU -10), for new construction only, in the updated Metropolitan Airports Commission FAR Part 150 Study. FACTS: • The MASAC Operations Committee has recommended that eight land use measures (LU#) currently included in the existing FAR Part 150 Study be forwarded for continued inclusion in the updated noise program. Those measures are: > LU1 — Amend local land use plans to bring them into conformance with Metropolitan Council's Noise Compatibility Guidelines. > LU2 — Zone for compatible development. > LU3 — Apply zoning performance standards. > LU4 — Establish a public information program. > LU5 — Revise building codes. ➢ LU6 — Acquire developed property in incompatible use. ➢ LU7 — Property purchase guarantee. > LU8 — Part 150 Sound Insulation Program. • MAC staff further recommended that six land use measures be considered for inclusion in the updated Part 150 program: > LU9 — Dedication of avigation easements. ➢ LU10 — Fair property disclosure policy. ➢ LU11 — Land banking. > LU12 — Transfer of development rights. > LU13 — Purchase of development rights. > LU14 — Creation of sound buffers/barriers. • The Eagan Airport Relations Commission determined that LU11-LU14 are non- controversial in their application and took a neutral position on their inclusion. The ARC further determined that sound barriers (walls and berms around the airport perimeter) are not likely to provide realistic noise mitigation benefits and took no position on the inclusion of LU14. • ARC members supported LU9, avigation easements, so long as protections were built into the easement language for property owners. An example cited by the ARC was a situation where a homeowner who lives in an area incompatible with airport noise should not be restricted from participating in the sound insulation program if environmental conditions (noise) change dramatically as a result of increased operations from the time an easement was purchased. • ARC members were very concerned about the impact that a disclosure policy for noise -impacted properties could have on the ability to sell that property. ARC members felt that only new construction in noise zones, such as the potential redevelopment in the Cedar Avenue and Highway 13 area, should be subject to disclosure. ARC members also indicated that any disclosure policy should only be permitted if there is a property purchase guarantee program in place to protect the interests of existing property owners. ATTACHMENTS: • Presentation documents from the May 9 ARC regular meeting regarding the Part 150 Land Use discussion on pages/a7through /3V /0U /4 asn puw-i OT lied . . r o � CD ph) bd o' bd � P cD cip Hod amsoiostQ -Id JIM — o MI • . dr CD W o CD @-k c rD sTuaLuasBH uoiTERinV cc (I1)+ '7i KA out Pp � o . 0 • 0 0 0 CD 0 �• 0 •• cr4 0 0• c • 0pcj 01-1 CD 0 CD ri• • c4 o 174 0 0 o• g 0 0 0-0 (preventive and corrective measure) • CD CI+ )-1c'7;*d P 0 0_4 ▪ • O t-4 CI" • Cfq o' C4 n tri CD 4 P4 CD � O • . 1-t:1 p7J 1-1 o 5 O 0 0 0 17: 1-c 0 CD CD O O r+ r C C4 O v,1 -h • O CD 8 CD C -, g1-1 e O•-+. M..+ . v D ' CD CD _ . P. C v' C cn Cr a 0 CD /30 (wnsiatu anjuanaJd) • LU 10 — Fair Property Disclosure Policy • -aro CD -• V) • CCD CCD O 5' C) ''IC 0 . ---,4 0CD ig )71 '7i CD d P n•� E. tz H crc?, fl), CDtz, • 0-t rhCD ,. 0 P ~.O -n 0 �� c PI c (o nstauU anquana.Jd) • r 1' 0-0 CIL gyp,,, O r-1 C4 n CD n �o n C CD o �• v O.. cD CD -1 5. g CSD �y CD o E. 2+ c (-) 0 CA 0-4 , �C'D CD � rr- CD O CA O 9*, ' E. ''. ,''l O2 0.`� 8",_,. • 0 -• CSD• A- CD O. N CD Ca., k< `.0 N v) p�' •--,CD p° - i , , 153 - , ▪ CSD CCDD re -id CD 0-, • fa CI.• O O CD cD � � (a.rnsrom OA!3uana.Jd) • LU 12 —Transfer of Development Rights • ��oos (,) O A' ,, 0 �- Pa - CD k< /11 b—g F.1.9- ciT '§'-- 2 :721 2 . PI, OQ Cts �.c14 ' • P-► , u4 O D CCD 1-t CDP E CD N . r* CD p.► CD O• O �- 0 CD v C7 O. CD �-�•�- ' C � r+ - pp O CD Cr 5 CD C• ID O �• 0" + OcI) 0CD P CD ocD 1-1 cn CD e+ 433 (a.Jnsi om 0A9U0AO zd) • LU 13 —Purchase of Development Rights 0 . P 2.) , o Ei..; . 2 C7cp 2- '' g 4 c'14' ssci) 4 . 0-t ,c/4_ c4 c n o� Ci)� 0 •rD . Consists of the combined use of sound barrier walls (a.msiaut anjaaJo) r . I .' - A 1 '-ci mcj n ca. tD (;4'D - O O p•, O O CD O P CI" 8C:s MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651-681-4700 651-681-4738 FAX DATE: May 11, 2000 TO: Chief Kent Therkelsen FROM: Detective Doug Matteson SUBJECT: Sale of Richards Restaurant; Liquor License Application Cooper's Restaurant Inc, DBA Cooper's Restaurant is purchasing Richard's Bar and Restaurant, closing the sale on May 22, 2000. Coopers's have made application to the City of Eagan for a On — Sale Restaurant Liquor License, which is on the May 16, 2000 city council agenda. Randall Alan Cooper DOB 2-11-70,11780 Albavar Path, Inver Grove Heights, MN, is purchasing the restaurant with his father -in law, Douglas Mathias May DOB 6-15-50, 4531 Lake Park Dr, Eagan. Mr. Cooper will own 56% of the business and Mr. May will own the remaining 44%. The $485,000 purchase price includes a $125,000 cash down payment and the remaining $360,000 will be a 20 -year contract for deed, held by the current owners Richard and Joyce Slattery. Mr. Cooper is using a second mortgage on his home and personal savings, totaling $75,000 for the down payment. Mr. May is using approximately $60,000 from personal saving for the balance of the down payment. Randall Cooper has worked at Casper's Cherokee since 1988. During an interview I had with him, he told me that he is very familiar and comfortable with daily restaurant and bar operations. Mr. and Mrs. May are successful realtors with the Eagan office of Edina Realty. Both believe that the location of the business and the skills of Cooper will enable Cooper's Restaurant to be a successful business venture. I have checked for any evidence of a criminal background for both Cooper and May. I have been unable to locate indication of arrests or evidence of a criminal background that would bar either of the individuals listed on the application from being granted the requested liquor license. Based this investigation, I find no reasons to deny the applicant the requested license. Minnesota Department of Public Safety...011.:;04., V. LIQUOR CONTROL DIVISION ' ,�,''4: (4- 444 Cedar Si,.Suite 100 L, Si. Paul, MN 55101-2156 P Fax (612)297-5259'' (612)296-6430 TTY (612)282-6555 CERTIFICATION OF AN ON SALE AND/OR SUNDAY LIQUOR LICENSE No license will be approved or released until the S20 Retailer ID Card fee b received by MN Liquor Control Workers Compensation Insurance Company Policy!! LICENSEE'S SALES & USE TAX ID # To apply for sales tax number, call 296-6181 or 1-800-657-3777 ISSUING AUTHORITY CITY OF EA GAN COUNTY OF PAKOTi tocascc Name (Corporation, Partnership, Individual) 00PE2S' 126STA OZWnr sAC, . DOB _ T adc Name or DBA PEE S' 26 s-riti aimArr Business Address 4/85 SOQTN 20Bt;2T 7-Q2,941. City EAGAN Zip Code 55/aa License Type (Chock one or both) 'On Sale f Sunday License Period From MAy 72,2 000 To Datryttf,r I1 LOCO_ County nagig-fd- On Sale License Number On Sale Fee Sunday License Number Sunday Foe Business Phone (65i) If a partnership, state the name and address of each partner, 1f a corporation, state the name and address of each officer. Partner/Officer Name (First, middle and last) Randall ALAI) 00P-12 DOB Title CEO Address /17 80 AG BA tl q2 PatoPatoZ-tr-7o ZNviR G2ov6 NGIGHTS Partner/Office Name (First, middle and last) bOUGIAS mo -N.ZAS m$ V DOB 1,-15-5o Title ('f tGer _ Address `/53t Late. l�avk Orv. LAGAN mn Ss/aa Partner/Officer Name (First, middle and last) DOB Title Address The Licensee must have one of the following: (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.) Check me DA. liquor Liability Insurance (Dram Shop) - S50,000 per person; S100.000 more than one person; S10,000 Property Destruction; $50,000 and S 100,000 for loss of means of support. a OB. . A bond ofa surety company with minimum coverage as specified above in A. a OC. A certificate from the State Treasurer that the licensee has deposited with the State, Trust Funds having a market value of S100,000 in cash or securities. 0 Yes 1Sr No During the past license year has a summons been issued under the Liquor Civil Liability Law (Dram Shop)? Ifyes, attach a copy of the summons. Check those items that apply Circle one Transaction Type' New 0 Revoke/Cancel 0 Transfer 0 Suspension Suspend/Revoke/Cancelled , From To Transfer of ownership from (Name and Address) 1 certify that this license was approved in an official meeting by the governing body of the city or county. City Clerk's Signature Date IMPORTANT NOTICE All retail liquor licensees must have a current Federal Special Occupational Stamp. This stamp h issued by the Bureau of Alcohol, Tobacco and Firearms. For information call (612)290-3496 PS 9011-94