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07/05/2000 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JULY 5, 2000 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE IL ADOPT AGENDA & APPROVAL OF MINUTES III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS l2 A. MOND RATING upgrade by Springsted V. CENTRAL PARK UPDATE VI. CONSENT AGENDA /ti „ 1 q A. PERSONNEL ITEMS l % B. LICENSE RENEWALS, service station, tree contractor, tobacco & massage therapy / 9 establishment PC. JOINT POWERS AGREEMENT, Dakota County Soil & Water Conservation District f%ao D. 2000-2001 GENERAL INSURANCE renewal '3 E. RESIGNATION and appointment, Burnsville/Eagan Telecommunications Commission member / 33 F. RECEIVE petition/order public hearing - easement vacation (Pines Edge 4th Addition) P,36G. CABLE SERVICE EXTENSION to Alicia Drive residents from Inver Grove Heights 3r%H. EXTENSION FOR PRELIMINARY SUBDIVISION, Olson -Burger addition, Peter J. Coyle, for Larkin, Hoffman & Lindgren, Ltd. t, it I. FINAL SUBDIVISION, Pfeifer Addition - Brenda & Eugene Pfeifer JOY/ J. CONTRACT 00-10, receive bids, award contract (Wescott Rd. Surface Treatment & Re -striping) 514/3 K APPROVE Sanitary Sewer License Agreement (Richard's Restaurant) MASSAGE THERAPY establishment license, Southwest YMCA, 550 Opperman Drive P 4L6 M. ON -SALE wine and beer license for The Restaurant Company, dba Perkins Restaurant & Bakery p q 7 N. ORDINANCE AMENDMENT, City of Eagan, amending various chapters of the City Code addressing exterior property maintenance requirements pcSO. ORDINANCE AMENDMENT, City of Eagan, amending Chapter 11, entitled, "Land Use Regulations (Zoning)" addressing accessory building requirements VII. 6:45 - PUBLIC HEARINGS p6/ A. pVta VACATE Easement, Kingswood Pond 15t Addition PROJECT 785, City-wide Trail & Sidewalk Improvements VIII. OLD BUSINESS plot A. PROJECT 768, Northwood Parkway (ROW Acquisition/Land Transfer Agreement) IX. NEW BUSINESS apIIoA. poi 9B. piSVc. COMPREHENSIVE GUIDE PLAN AMENDMENT, Wal-Mart Stores, Inc., amending the use of 15 acres from IND (Industrial) to CPD (Commercial Planned Development), PLANNED DEVELOPMENT AMENDMENT to allow retail and a pylon sign & FINAL PLANNED DEVELOPMENT for a Sam's Club for Lot 3, Block 1, Eagandale Center Industrial Park No. 9, located on Denmark Ave and 35E, south of Homestead Village across from Clubview Drive in the NE 1/4 of Section 10 REZONING, City of Eagan, of five separate parcels from R-1 (Single Family Residential) to BP (Business Park) PID #'s 104290002001, 104290004001, 104290004101, 104290003002 and 104290004002, located on Lawrence Ave and Linde Lane in the NE 1/4 of Section 2 REQUEST to re -locate trailway in Lexington Pointe 14 Addition - McNany X. LEGISLATIVF/INIERGOVERNMENTAL AFFAIRS UPDATE XI. ADMINISTRATIVE AGENDA XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT XIV. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Updated 6/30/00 - 2:30 p.m. Special City. Council Meeting Minutes June 20, 2000 Page PAGE 1 MINUTES OF A SPECIAL MEEf1NG OF THE EAGAN CITY COUNCIL • AGAN, MINNESOTA A special meeting of thelEngan City Council was held on Tuesday, June 20, 2000 .at 5:00 p.m. at the Municipal Center Building. Present were Mayor Awada and Councilmembers Bakken, Blomquist, Carlson and Masin. Also present were Senior Planner Ridley, Director of Parks and Recreation Vraa, and City Administrator Hedges. A','c'iNDA Councilmember Carlsoiiioved, ecifincilmember Bakken seconded a motion to approve the agenda as presentee: :;*K:;f; Iy►F;:: VISITORS TO BE HEARD Mayor Awada asked if there were any visitors to be heard; Marvin Rodich 1345 Deerwood Drive asked the Council to exempt land.o?ners of one or more acres to be exempt from the vehicle and shed stora e,pth asy d iteing considered. The City Council agreed to consider the request a0#i.:1•fihanked Mr. Rodich for coming to the • meeting. .: �'• SSS • CASCADE BAY POLICIl* f L:9.F STROLLERS, TELEPHONES & HOLJf�:: City Administrator Hedges provided an overview of this item. The Councilmembers agreed to address each issue individually. Mayor Awada introduced Director of Parks and•} rgon Yrau.* *ddress the current policy and why the City decided not to allow sgAtiit a '�$ay. Vraa noted that safety and the potential for many strollers in Meade Bi ?;✓ere two issues that the City's used to base their decision. Vraa also informed the CQwcilmembers that the City researched other' city polices with similar aquatte;kiitie :i d. pond that many cities advised Eagan to ban strollers from Cascade Ba jt;gseivid by those cities were that the strollers became obstacles and affected safety. Other cities, which allowed strollers, tried to use corrals inside the facility; however, patrons often did not use the corrals because they wanted the stroller near them. Thus, the City decided not to allow strollers into the facility. Vraa, however, noted that,tb,�: :des allow car seats and other child carriers into the facility. �:� �•.:�: Special City Council Meeting Minutes June 20, 2000 Page PAGE 2 Councilmember Masin asked Vraa if the City allowed strollers in the former wadding pool. Vraa informed Ccilmember Masin that the wadding pool policy did not allow strollers into the facilieMayor Awada informed Vraa that it is the City's job to serve the public and questionstii t r.: ... doing this with its current stroller policy. r.:.v:•:•:••............. ..:•:: r Councilmember Masin giid that there must be a happy medium, which is met with the City's current policy. eouncilmember Bakken agreed with Councilmember Masin and restated the concerns of safety and the amount of time pool staff would have to dedicate to runaway strollers. Councilmember Carlson stated that Cascade Bay is different and today convenience.. important to the public using the facility. Councilmember B1omc $t askecE1 w many complaints have the City received• last year and whether or not theiinplainnave increased since the implementation of the current policy. Director of'arks:i•Rec•re,0iap ;ytraa stated that the City did receive a few complaints last year regaii g iii:liey :i t , e people understood the policy the complaints decreased. Mayor Awada restated her view that the City should be serving the public in a convenient manner. Thus, the city should consider allowing strollers into Cascade Bay. Councilmember Bakken, however, stated that allowing strollers may be convenient, but again safety and staff tune attributed • fq strollers outweigh the convenienee. Councilmember Masin ;'7t u• ncib tuber Bakken second the motion to defer this issue to the Parks Cohii iissti9 for fui #ier discussion with direction from the Council.. A vote was taken on the motion. Aye: 5 I�aiyi:t Aquatic Facility Manager Kristi Organ provided an overview of the current telephone policy. ••,:, • ` Councilmember Blom c t�tef'asked; • • public could call into the Cascade Bay. Organ stated that Cascade Bay. ;oes not h cif a published public line. Councilmember - Carlson stated that due to the *Otte of ..rs a published public line would not be ' affective. Mayor Awada askellI oi▪ 's, : 'the current policy was sufficient. The Councilmembers all agreed'fii'if' a �ciiiiififtsi lii!y was fine. Special City Council Meeting Minutes June 20, 2000 Page PAGE 3 to cold temperatures. Councilniiii4:ker Carlson agreed with Mayor Awada that the facility should be always open unless extreme weather. Mayor Awada asked Councilmembers if they agreed ;fit 3 • kr..s ts: arding hours of operation for the facility. The Councilmembers�..,,,,, CONSIDER APPOINTMENT OF ZONING ORDIANCE_ UPDATE COMMITTEE City Administrator Hedy provided an overview of this item. Senior Planner .Ridley was available for questiiii . Mayor Awada asked Cccilmenis Carlson and Bakken to sit on the committee. Both agreed to sit ots ec,..•cp:ncilmember Blomquist asked Senior Planner Ridley how ma mai4iViiiiigaigaiiiiiiitgion the committee. Ridley stated that two Councilmembers are on the committee. Mayor Awada moved, Councilmember Bakken second a motion to appoint Councilmember Bakken and Carlson on the ZoningO.rdinance Committee. A vote was taken on the mp.i. ;:. i : may: 0 DISCUSSION RE: FUt fit' 3'5,:.FOR THE CENTRAL PARKS AND COMMUNITY tEggitp,TVELOPMENT City Administrator Hedges provided an overview of this item. Director of Parks and Recr.pg.on Vraa provided information regarding who and how many individuals should b;si$'sl;:t; Vraa stated that either one or two City Councilmembers could bpl each is,'design teams to assist with the development process of CentrOark and fi Community Center. Councilmember . Blomquist asked Vraa how m RFP'si iiild be sent out. Vraa explained that three different RFPs would be sent iMiggpOW. t .Carlson asked how many architects would be asked to submitPro ff'il Vi� ' Wile:the Councilmembers that the City P �� will send RFPs to all that inquire. Special City Council Meeting Minutes June 20, 2000 Page PAGE 4 Mayor Awada moved, Councilmember Bakken second, to amend the -motion to add a construction Manager. • A.vote was taken on theiiindment to the motion. Aye: 5 Nay: 0 City Administrator Hedminformed Councilmembers that office storage space should be added to the design to chart. Councilmember Carlson stated she wanted to ensure that teenagers from the each local high school would be included in the design teams. Councilmember Masin piped, Mayor Awada second with an amendment to the motion, to continue this discus:04 at the go..÷ -t City Council meeting and asked if City staff could make a grid includirpach CoWilmember and their choices for which design teams they would like toi on. ligkimendment includes City staff to consider soliciting the public to serve A vote was taken on the motion. Aye: 5 Nay: 0 OTHER BUSINESS 1•3:Wrtg* " There being no further busins,*. Date adjourned at 6:00 p.m. City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 20, 2000 A regular meeting of the Eaganp#37Council was held on Tuesday, June 20, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present wWMayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were•City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, i id?E tit; ;t ri:t ji: i►eldon. Boy Scout Troop 453 led the Plje of Allegiance. GENDA ..................... ..................... City Administrator Hedges noted that Police Chief Therkelsen would be making a few comments about National Night Out under Comments by City Council, City Administrator and Department Heads. He said that staff; commending that Item A of Old Business, Amend 2000 Fee Schedule, Right -of -Way Management Wram, bt;lttrther reviewed and continued indefinitely to allow • further discussion with the utility comp ies. • Councilmember Bakken move. �Councilmeihber Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 Warn E OHE J 8,:2ii(m SPELL J EE1 G Councilmember Bakken moved, Councilmember Masin seconded a motion to approve the minutes as presented. Aye: 3 Nay: 0 (Coundlmembers Carlson and Blomquist abstained) MINUTES'O THE IUNE _ Aix•MEETING City Administrator Hedges ncp;c(::ftaf tTiere we•Yd non -substantive changes made to correct several typographical errors. • Mayor Awada requested the following one, the fourth sentence in the first paragraph under Visitors to be Heard, "He also expresse8Mi:ppposition to the use of office space and storage space in the community center by other non-profit organizations such as the EAA aye " She further requested a change on page three, the last sentence in the second paragraph under Possible Merger of Northwest Airlines with American Airlines as follows, "Councilmember Carlson She felt that everyone is concerned but that government should not interfere." Coundlmember Masin requesWgib I#o •'e on page three, the first sentence in the first paragraph under Possible Merget Nortln With American Airlines, "Coundlmember Masin stated she felt it would be pruckit for theet* of Eagan to have a contingency plan in place should the headquarters for NorthwegAirlines, .gwell as other major employers, be moved from Eagan" • Mayor Awada requested the } isii: ge 11, in the fourth paragraph, "Councilmember Masin questioned where the new accel; •would be and also questioned the change sale of a significant amount of commercial property of the Wispark portfolio." Councilmember Masin further requested clarification to that sentence as follows, "Councilmember Masin questioned where the new access would be and also questioned whether the imminent sale of a significant amount of commercial property of ij .3 olio would create a change in management and any other changes that the City would need to bt:4iirdf' Mayor Awada noted that on to 14, the first senfeii& in the second paragraph should be changed to retied that Coundlmembt :$akken moved and: 3pundlmember len Carlson seconded EAGAN CITY COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 2 Councilmember Bakken moved, Councilmembes Carlson seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES k. APR:JL 25, 2000 Sl'ECiAL EETING • Councilmember Masin requester additional information be included in the first paragraph on page ten as follows: Councilmember Blomquist asked if the Maims..,undCouncilmembersBakken and Carlson had discussed this matter. Councilmember Carlson said no and that s#)ud been out of town and had not even known that the item would be on the agenda. Councilmember Carlson said she objected to the implication that Mayor Awada, Councilmember Bakken and she had a set agenda. Councilmember Carlson said the Council needed to get more information about what happened. Councilmember Mersin said that Councilmember Carlson and the others had gotten information from the League and their attorneys that she had not received. Councilmember Carlson said she had not asked to be sued. She stated that the reason she had tde an attorney was because she was a victim. She said that the Council had to do something about the leakilitinforniakoit Councilmember Masin told Count' ember gi0on that she should have done something a year and a half ago when Councilmember Carlson foul .0w,mk onhe Aggrstep. Councilmember Carlson replied that she had only been a Councilmember for seu it;ifa Sia i:* G gg:*he envelope and did not know what she was supposed to do. She said she had suffered for a year and iifialf b 2:;*4 she had gotten something in an unmarked envelope at her house. Councilmember Masin asked Councilmember Carlson why she had not told everybody. Councilmember Carlson asked why she should have and suggested that Councilmember Masin talk to Councilmember Blomquist because Councilmember Blomquist had told her to get rid of it. Councilmember Carlson announced that she was gpqf 4,Councilmember Blomquist called for a vote on the previous motion. Councilmember Carlson move'Mapr AwadiCBieconded a motion to approve the minutes as amended. Aye: 3 Nay: 1 (Councilmeailii0 $t opposed and Councilmember Masin abstained) (The vote recorded is the result of the review of tki tti ot&gg: and a ruling by the City Attorney's office) Coundlmember Masin requested that a darificatiori die added to the minutes to reflect that Councilmember Blomquist brought the envelope to Coundlmember Carlson as opposed to it being left on the doorstep. Mayor Awada asked if the minutes were recorded verbatim from the tapes. Coundlmember Masin stated that accurate information should be reflected in the minutes. Mayor Awada stated that the minutes reflect what was said at the meeting. Councilmember Masin agreed that the discussion from the meeting occurrAlijo:t y the, y t %LAS were recorded but questioned the accuracy of the statement. Councilme /ka nitaieid:1:14€ for something to show up in the minutes it needs to be said at the meeting. He;3 ;ther sta .*fiat the minutes are to serve as an official record of the official actions taken by the CounQ],., � Mayor Awada called the discfla i o r:: eanalmember Blomquist asked what the vote was. Mayor Awada stated that €0i6M4:*44.0:8{:k::irciiiiiiiieiltnember Blomquist said she had voted no and Councilmember Masin disagreed also. Councilmember Masin stated that she was going to vote not and suggested the minutes be recorded verbatim or the City follow Burnsville's model and record only the motion. Councilmember Bakken said he would be willing to make a motion to allow Councilmembers Blomquist and Masin to dtilr e.0eir vote. Discussion occurred regarding what the actual vote was. Mayor Awada seconde*,'4ep. Bakken's motion. Councilmember Blomquist said she would vote no on this motiort;0fia"d'doisig##ie previous motion. A vote was taken on the mot Aye: 4 Nay: 1 nuncilmembers Blomquist opposed and Masin voted in favor, but under dur¢tig ecause she felt th4cntion was not necessary) Mayor Awada stated that th6;toQ `,gi rf& 36i .14iflaiiiiigiiiiunanimous vote was necessary. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 3 3MMENTS. BY CITY CO J iC 1I CITYlADMINISTRATOR.440ARTMENTOW$ COMPREHENSIVE ANNUAL FIN. cIAL REPORT FOR YEAR ENDING DECEMBER 31,1999 City Administrator Hedges protifid an overview on this item. Dave Hinnenkamp, Kern De Wc��ttCriXt;;f�};:ttL�K93jted the December 31,1999 Comprehensive Annual Financial Report" Councilmember Bakken movectiiauncilmember Masin seconded a motion to accept the December 31, 1999 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 LEAGUE OF MINNESOTA CITIES YOUTH DELEGATION UPDATE City Administrator Hedges prgied an overview on this item. Maggie Hoadley commented obi: ler partit f4tion in the LMC Conference held June 13-16 in St. Cloud. She stated that a teen council wkiiild help ti :get teens involved in local government and further commented on the success of teen centp�,s. vft om.113.w jfs; She thanked City Administrator Hedges, Councilmember Masin and Aditit 4t ?t #1?ie i%; Cristensen for their assistance at the conference and she also thanked the City Council for coverinedie costs associated with the conference. Preston Dean also commented about his attendance at the conference. Councilmember Masin noted that Sara Block also attejded the conference but was unable to attend the Council meeting. She added that the cities,L;iitf?e'a youth council give them a lot of latitude and said she did not hear any negatwe.c;4Ak?if:a'iiiu't the teen councils in other sties. She noted that she followed the communi th CjIMiMfi'i ta'tion tracks and attended related sessions at the conference. • NATIOl�fiA�#t:,#l;AUT Police Chief Kent Therkelsen discussed the plans for T &tional Night Out on August 1. He mentioned that the open house for the Wescott substation has been rescheduled from last Thursday to this Thursday from 6:30 to 8:30 p.m. :; ENSUS 2000 '.. AnicENTRAttARK 1.DAT. tii =c�i Mayor Awada commented on: census > .turn rate in Eagan in comparison to Dakota County and the rest of the nation. ti FUTURE STEPS FOR THE CEN'?1tPctARR''lfictVtUNITY CENTER DEVELOPMENT City Administrator Hedges provided an overview on this item. He noted that at the Special City Council meeting the Council directed staff to prepare RFPs for an architect, construction manager and park planner. He stated that the City CpAnciiE4:te;tds to involve residents in the planning of the facility and further stated that subcommitt# ; i :#i*.P{sss 4 to discuss site design, partnerships and operations and facility design. He addt4; f the City'toi t 1 wants to be part of the committees but also wants community involvement. ttafated that discuiikiiki about the formation of the subcommittees will occur at the July ,4Q00 City Council mMtuig and information seeking applicants will appear in the local newspapers. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 4 With regard to the LMC Conference, Coundlmember Masin referenced a logo that will be used in literature to signify a two-year focus on building quality communities. She said that the City Council will be asked to pass a resolution supporting this endeavor. ' i NSE3�iT AGEhii3A A. Personnel Items Item 1. It was recommended to approve Elieitiiing t9ftiaiiIie'assett, Ann McGrath and Lindsay Howe as seasonal lifeguards for CascadOity. Item 2. It was recommended to approve the hiring of Nathan Starkson as a seasonal concessionaire for Cascade Bay. Item 3. It was recommended to approve the hiring of Sally Andrews as seasonal guest service shift leader for Cascade Bay. f • Item 4. It was recommended to appro,ghe hiringii4 Marc Kettleson as a seasonal operations/maintenance shift leader foX: scade !. Item 5. It was recommended to approtigE lfi O : r as a seasonal utilities intern. Item 6. It was recommended to approve the hiring of Jon Steining as a seasonal ballfield attendant. Item 7. It was recommended to approve the hiring of Al Sivongsay as a seasonal park attendant. Item 8. It was recommended to approve the hiring of b,dast};ichner, Jake Loesch, Chris Colbert and Kerri Hauenstein as seasonal park maintenance Item 9. It was recommended to approve: i 'lining of l "'Lissa Manke, Thomas Ford, Robin Curlee and Eric Severson as seasonal tennis instruct rs. Item 10. It was recommended to approve the ita,400eaubien, Jessie Hausman, Megan Linville, Alyssa Brecke, Jenny Donndelinger, Michele Haniiiitt, Ashley )(jos, Emily Krinhop, Jennifer Rummel, Erin Wester, Ryan Teskey, Anna Shogren and Lindsay Severson as seasonal recreation assistants. Item 11. It was recommended to approve the hiring of Sarah Haxton, Julie Kugler, Jessie Sayre, Kim Garrison, Daniel Beaubien, Steve Andergg.Nx}.$teven jgbm,sgn as seasonal recreation leaders. Item 12. It was recommended to app 'the hiitgiii `K m Sundin, Molly Smith, Melissa Hatch and Marcelle Shrier as seasonal skating inst ivctors fomite Civic Arena. • Item 13. It was recommended approtai.s.130414mmx.eA4A1cMahon and Megan McMahon as seasonal concessions workers for the • . • • , • . Item 14. It was recommended to approve the 2000-2001 collective bargaining agreement with the police sergeants collective bargaining unit. B. Contract 00-02, receive bidslaward b,Vienna Woods & Wilderness Park Additions - Street Overlay). It was recommended t�;}Kves;.Eb7 Contract 00-02 (Hilltop Estates, Vienna • Woods and Wilderness Park - Street Cri,•'•'d%3ay), award tii4oit ract to McNamara Contracting, Inc., for the Base Bid in the amount of $418,124:511; and authorize diii*layor and Deputy City Clerk to execute all related documents. C. Contract 00-03, receive bids/awargOiti*VaPitiriafimorial Hwy., Lone Oak Circle & Galaxie Ave. - Street Overlays). It was recomni22tded to Ye[dve ttieliid for Contract 00-03 (Old Sibley Memorial EAGAN CITY COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 5 Highway, Lone Oak Circle and Galaxie Avenue - Street Resurfacing/Overlay), award the contract to Valley Paving, Inc., for the Base Bid in the amount of $162,086.10, and authorize the Mayor and Deputy City Clerk to execute all related documents. D. Contract 99-09, approve final paymtt:1authorize City maintenance (Advent United Methodist/Patrick Eagan Park). It wasIK:bn mended to approve the final payment for Contract 99-09 (Advent United Methodist Church and Patricic•F,; an E,a c.-.PArking and Utility Improvements) in the amount of $23,136.96 to Bituminous Rota;r; gigc•WW#Ki nprovements for perpetual City maintenance subject to warranty provision:" ••w w: • • '. • . E. Receive petition/order public hearij easement vacation (Silver Bell Addition). It was recommended to receive the petition to vacate public drainage and utility easements and schedule public hearing to be held on August 15, 2000. F. Receive petition/order public hearins - easement vacation (Blackhawk Glen 2na Addition). It was recommended to receive the petition tokiicate public drainage and utility easements and schedule a public hearing to be held on July 18,• G. Confirmation of Findings of Fact, t iiiclusioni:i iZesolution of Denial, U.S. Postal Service/Bale Anderson, Ltd., of approximately 6.72*9'es,{Q{u. t-1(es} ential Single Family) to R-3 (Residential Townhouse) for property located on tl*: ,t ;sia ; fiv e Ridge Road north of Oakridge Towrthomes in the NW 1/4 of Section 28..It wa's iec ih1m. iided't'o confirm the Findings of Fact, Conclusions & Resolution of Denial of the Rezoning request of the USPS by Bale Anderson, Ltd. for 6.72 acres located east of Johnny Cake Ridge Road in the NW 1/4 of Section 28. H. On -sale liquor license for Sri Krishna, Inc. dba Madras Palate Restaurt. It was recommended to approve an on -sale liquor license for Sri Krishna, Inc.,..: Wan l!ras Palace Restaurant. I. Approve election judge salaries fore: ; l ar%: i* General Elections. It was recommended to approve election judge salaries for thy; if00'I�i-imary dr, EB neral Elections. • J. Final Plat, MVTA Eagan Transit Station -T iiRrie aljex Transit Authority. It was recommended to approve a Final Plat (MVTA Eagan Transit Station►j'sltgkconvert 4.5 acres of existing I -35E right- of-way into a platted lot located south of Yankee Doodle Ttoaaand between Pilot Knob Road and I -35E • in the northwest 1/4 of Section 15. K. Project 99-A, approve extension to the Development Agreement (Gardenwood Ponds 4th Addition). It was recommended to amend the Development Agreement for Gardenwood Ponds 4th Addition (Contract 99-A, Street and Utilities) by 94041 .the cp tlet n time for the bituminous wear course until September 1, 2000. L. Implementation of Comprehensivuide PIar Adnendment for Spencer Springs from Industrial to D-1 Single Family. It was recommenc4ft to•impli nt a Comprehensive Guide Plan Amendment changing the suggested use of 1.3 acrif :'i,(ia sek l •i ogh.of Silver Bell Road and east of Nicols Road (in the southwest 1/4 of Section 18) frontad. t to D-1, Single Family (0-3 units/acre). M. Approve Safe and Sober Grant. It was recommended to approve a Grant Agreement (continuing) between Minnesota Department of Public Safety and the City of Eagan for Safe & Sober for a period October 1, 2000 through September 30, 2001. Councilmember Carlson noted.€1k4*1 ii,d *ting against the Consent Agenda because - she did not support Item J, Final Plat - WA Eagan Traii $ ation - Minnesota Valley Transit Authority, and had voted against thii it fn at a previous C* cit meeting. Councilmember Bakken moC�+ou 3.4. f M seconded a motion to approve the Consent Agenda. Aye: 4 Nay: 1 (CtictitCiitQ}t: # i'it C;.>fX ttai k oted against the Consent Agenda due to her opposition to Item J) • " "' EAGAN CITY COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 6 ruBuc. ABINCS RIGHT-OF-WAY MANAGEMENT ORDINANCE • • City Administrator Hedges prdiiided an overview on this item. Director of Public Works Colbert gave a staff report. Public Worry ;;.sq:ive provided additional details regarding the Right -of -Way Manageme,i;.kK•.._ Mayor Awada opened the pubr$earing to anyone wishing to speak. Craig Knudsen, representing Dakota Electric Association, thanked Tom Struve for his work on the ordinance. He asked the City Council to continue the ordinance to allow Dakota Electric an opportunity to further discuss their questions and concerns with City staff. He said he felt this . ordinance was premature .and that it vyequld have a significant impact on their business. Mayor Awada noted that staff Sys agree% to a 30 -day continuance. Colette Jurek, representing N5P;'expresseadupport for a 30 -day continuance. Marvin DeGiere, representingkiigss C.'4iiiiport for a 30 -day continuance. Bill Decker, representing People's Natural Gas, commented on the amount of property tax they pay and the benefit to the City of Eagan. He stated that -they currently operate with a franchise that governs how they conduct business within the public right-of-way. He concurred with the requests for continuance: There being no one else wishing to,QfiAWt%ada closed the public hearing and turned the discussion back to the Council. • ' '• Councilmember Blomquist movetilteinber Masin seconded a motion to continue the Right -of -Way Management Program and relafi ti'*i Wince to the August 1, 2000 City Council meeting. Aye: 5 Nay: 0� itD'BUSISS ........................................ AMEND 2000 FEE SCHEDULE, RIGHT-OF-WAY MANAGEMENT PROGRAM This item was continued indefAitkii:::4e g§MW of the City staff. • PROJECT 680, ' • • P a TION - CLIFF RIDGE COURT TRAIL (CLIFF ROAD: .STREET,/ .TT LITY IMPROVEMENTS) City Administrator Hedges p 3 f i :t>v m i*w i This item. Director of Public Works Colbert gave a staff report. Councilmember Blomquist moved, Councilmember Carlson seconded a motion to delete the trail access to the proposed Cliff Road trail improvements from Cliff Ridge Court as part of Project 680 (Cliff Road - Street and Utility Improvemer},$):a!g4:ct a revision of the detailed final plans and specifications to the Dakota County Hi}7:; Aye: 5 Nay: 0 • Jackie Shirif, 4592 Cliff Ridge *,% , cited safety slog ajor reason for requesting the elimination of the trail access. She said that the > prity of the people i he area do not want the access. • John Wittmayer, 4593 Cliff Rx C e t s Apposed to the trail access because it would increase the traffic in the cul-devaic........... ........ EAGAN CITY COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 7 Councilmember Blomquist stated that the construction of stairs would create a hazardous situation. Councilmember Bakken said that if the residents in the area do not support the access it should not be constructed. • A vote was taken on the mooh i4 e: 5 Nay: 0 PROJECT 784, CHANGE i)t•j1.'4E BUILDINGREMOVAL (LOUIS LANE - '':'f''''ffROVEMII'TS) City Administrator Hedges pray ged an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Change Order No. 1 to Contract 99-14 (TH 55 Frontage Road/Louis Lane - Street and Utility Improvements) and authorize the Mayor and Deputy .Clerk to execute all related documents. Aye: 5 Nay: 0 V:• PARADE PERMIT, EAGAN > !#3NS CLO FOR FOURTH OF JULY CELEBRATION City Administrator Hedges proyid .:a .o;YRrvMgR!;tkis item. Councilmember Bakken moved, Councili i'e'iii'Eier Maliti seconded a motion to approve a parade permit, waiving the permit fee, for the Eagan Lions Club to hold the annual Fourth of July FunFest parade on Blackhawk Road between Diffley Road and Blue Cross Road. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Carlspn seconded a motion to approve a shows license, waiving the permit fee, for the carnival tQ1ii2 July 1 through July 4, 2000 at Skyhill Park. Aye: 5 Nay: 0 'BU •• S • LOCAL TRANSIT TAX L C•fi�1; QJt TAXES PAYABLE 2001 City Administrator Hedges provided an overview oii:Tis item. Councilmember Blomquist stated that the City should request that Eagan's legislative delegation address the opt -out legislation formula in the next session. Councilmember Carlson concurred. Councilmember Bakken moved piiintil ed til##oaitluist seconded a motion to approve an increase in the local transit tax levy, b1::* perce ge'increase in taxable market value, for taxes •payable in 2001. Aye: 5 Nay: 0 'r r,.•. • CONDI' Q i tcJ;:• 1. • • ; EAGAN CITY COUNCIL MEETING MINUTES; PU_ NE 20, 2000 PAGE8 2. The applicant shall obtain a building permit prior to the construction of the tower. 3. The property shall be platted prior to issuance of a building permit and construction of the tower. 4. The billboard may reinaliftntil the property is further developed. 5. The 75 -foot antenna to'o s3{}i'ith a foundation that would structurally accommodpte a tower ex'ten'sion:' Any future height extension will require reapplication for a Conj}t#bnal Use Permit for the additional tower height. • 6. The tower and accessory equipment building shall comply with the general standards outlined in City Code Section 11.10, Subdivision 31, F. The accessory equipment building shall be constructed of brick or precast concrete in a color similar to the existing buildings on gig:parcel. 7. The lease area shall be S red w .. security fence as shown on the enlarged site plan dated 12/14/99. The ti i:: ed wira*j the fence shall not be angled outward. 8. Landscaping shall be itije:1 s:s ativA.aa ;the.,landscape plan dated 5/2/00. 111 9. The monopole tower shall be painiect lightblrie.or gray to match the existing tower on the site. 10. The applicant/property owner shall agree to waive objection to all pending assessments under City Project 782 - Old Sibley Memoria1Highway. Steve Carlson, representing PCS, ex:Ilk:VR*4W tgasbits the monopole is needed. • Councilmember Masin questids+si if there wolgt# be an opportunity to have the billboard removed if the Council -approved the platter� g:k 4 e.property. Senior Planner Ridley stated that an opportunity to invoke the removal of the billti d oda :gxj. t with any future building permit request. • A vote was taken on the motion. Aye: 5 Nay: 0 ••• PRELIMINARY SUBDIVISION & VARIANCE, TRI -LAND SURVEYING COMPANY, INC. (KENNERICK ADDITION) Councilmember Carlson abstaipt fxD i art ii :4n discussion and voting on this item. City Administrator Hedges pAded an iriew on this item. Senior Planner Ridley gave a staff report. • Mayor Awada stated that thii:: ft f ;O.:.g04-Akttnd the developer has the right to develop it for single-family use. She said that thi;:e-iitkildi.fligaittigiii over certain aspects of the development such as the layout of the subdivision, the size of the lots and access. She added that the Advisory Planning Commission had pointed out that the density and lot size of this subdivision does not match the surrounding area. She concurred with the APC's position. Councilmember Masin asked if this property was discussed as part of the ComprgbQ»ivg Guide Plan review. Senior Planner Ridley noted that this property is zoned and guided c$0041• Councilmember Bakken state}; it he concurred '% the findings of the APC and added that he was not comfortable with the plats shown. He expres$ft2 concern about the lack of access to the north. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 9 Counalmember Bakken moved, Mayor Awada seconded a motion to direct the City Attorney to prepare Findings of Fact for denial. Mayor Awada noted that another option would be for the developer to request a continuance and appear before the APC with a revis;.plat. Brad Swenson, developer, statedftit he has contracts with the property owner that will expire in June. He explained that he needed to::ki M3•.pf;:►y to proceed with his application in order for the wetland delineation to be }�;; a continuance from the Council. Councilmember Bakken withdr3iis previous motion and moved continuance of the item. • City Attorney Sheldon stated that the applicant should meet with Senior Planner Ridley and determine the date the item should be continued to. Mayor Awada stated that the plat would need to be considered by the APC again • Councilmember Masin asked i1fk;%vould l .Apssible for the developer to hold another neighborhood meeting. Mr. Swenson i:4cated g g tld neighborhood meeting would be held. Councilmember Masin inquired about ft ponding sue. Director of Public Works Colbert explained that trunk area storm water improvemeiils woukf:i :required with this development. Councilmember Blomquist stated that it would be impo4 it:ttc; wi l.gg:*:araount of the trunk area storm sewer assessments to the residents in the areSi:IlifikingifAttatkeloper does have the right to develop this property. Councilmember Masin noted that the two main concerns appear to be the amount of the assessments and the aesthetic compatibility to the surroundingarea. She suggested the residents form a cooperative and buy some of the available land. Mayor Awada told the developer that she did not tlArgs it would be feasible to get 19 lots in this development and stated that the Council will be loohu .f *ficSare that the development is compatible with the surrounding area. Discussion occ ire & ga S*Egiidtification to the residents about the future of this proposal. Senior Planner Ridley::firesidei%ts would be re -noticed even if the development does not go forward. Mayor Awada seconded Councilmeriiliet . *:.i •*,7RRtion to continue this item. A vote was taken on the motion. Aye: 4 Nay: 0 A resident of 1455 Lone Oak Road clarified that the residents do own the property that the pond is located on. ORDINANCE AMENDMENT - CTTY OF EAGAN, AMENDING CHAPTER 11 ENTITLED, "LAND USE REGULARM ON , , .M) ESTABLISH UPDATED AND E ctgibi"f#�R:. ai :tfitFINTTIONS . City Administrator Hedges prliTvded an olterview on this item. • Councilmember Bakken Inovq : 0,Aii: Ti'r'3 t -#n seconded a motion to approve an Amendment to Chapter 11 (Zoning Regiitafioiisj'oJ'fiie:Ci j':i✓bde establishing updated zoning definitions and direct the City Attorney to prepare an amendment suitable for publication. Aye: 4 Nay: 0 (Councilmember Carlson was absent for the vote) ORDINANCE AMENDMENT - CITY O ,F4C"..AMENDING VARIOUS CHAPTERS OF THE CITY CODE ADDRESSING EX'1:(A:3Q*:l' MAINTENANCE REQUIREMENTS City Administrator Hedges pied an overview i i ;E;this item.' Senior Planner Ridley gave a staff report. :. Mayor Awada moved, Coun n.......:•:•:,... g'bo2 #ii} c : ec toed a motion to approve an Amendment to various chapters of the City Code d${l e*ssiiige� d fbt'piropfirty maintenance.requirements and direct EAGAN CITY COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 10 the City Attorney to prepare an amendment suitable for publication, with the additional change to allow modification of the requirement that firewood must be stored four inches above grade and to allow it to be stored on a two by four of approximately 3 lh inches. Royce Tyre, 4265 North Nybrone, expressed concern with the firewood storage provision. He said that residents should have the dp#on of storing wood within one inch of a neighboring property regardless of screening. He stated that:fivt feet from the sideyard is too restrictive and he urged the Council to ease the firewood restrictionik: • Mayor Awada noted that the or iiinance hacilieenrevised to reflect what Mr. Tyre was proposing. She questioned why firewgi ;could not be stored within five feet of an inhabited structure, which would not include the garage. 3ei or Planner Ridley clarified that an inhabited structure means a heated structure. He added that the purpose of the provision was to prevent rodent infestation. He further added that the language could be revised to make the ordinance dearer. Councilmember Bakken stated that the language should be changed to capture the element of the definition of heated. He added that some garages are heated,, i✓oundlmember Masin said she would object to approving the ordinance because of the fact that som rages a1 1]eated. Senior Planner Ridley further explained the difference in building Code and setback:*quirentgi?s between primary and accessory structures. • Councilmember Bakken stated that he 3iitiiiuld ret?ihis request to include language regarding heated structure. Councilmember Carlson saif. the was ktfakenied about limiting the amount of firewood that could be stored on a resident's property::::S.z ?f: ' wRi gy.:.darified how much wood could be stored on someone's property. Mayorak40Maith.iikkixOdinance is intended to regulate those situations where a wood burning business is being operated from a residential property and firewood encompasses the entire yard. Bob Cooper, 1472 Highview Avenue, asked if this ordinance requires residents to paint their houses, mow their grass and take care of weed removal. He "other asked about enforcement measures. Senior Planner Ridley stated that all,:i%,Atiiiviied by Mr. Cooper are addressed in this ordinance and the City will have the aOgipti:iimake:3 a necessary improvements and assess the costs to the property owner's taxes. • Margaret Pellerin, 2950 Pilot Knob Ro ttd .e 28k4•cnncern with an open truck containing mattresses and couches next door to her property and'Aq. essed concern about the dilapidated garage on the adjacent property. City Attorney Jim Sheldon stated that the open truck with mattresses and couches would be a health issue that the County would address and the dilapidated garage would be covered under the draft ordinance. He added there is also a provision under state law with regard to buildings that are hazardous. Marty Rodich,1345 DeerwooktiVrive, reSied a stipulation that the mowing of tall grasses should only apply to lots of one acre si7ess.in size • Senior Planner Ridley noted l tlg,pS s*:as:elected at the maintenance of turf grass and also stipulates that if a property ownifss•JCee g•2ii: e# :natural state the ordinance would not apply. He added that if people surrounding the natural area are impacted by the growth there may be some concerns about the effect on their lot. Councilmember Masin referenced Sectipn9J0, Subdivision 7, with regard to the six -hour time limit for parking of commercial vehicles okifii' %tg xreet. She added that six hours appears to be a tight timeframe and questioned if it 1:. co '3t : iter gifii: j�p.or 12 hours. . Senior Planner Ridley noted t)iat six hours is an in$ii try standard. He added that commercial vehicles cannot be parked on the strut:tr more than six hiti but can be parked on the driveway. He noted that the ordinance is geared tow.as4 : is who regularly park on the street. tis::.. ............. ....... EAGAN CITY COUNCIL MEETING MINUTES; JUNE 20, 2000 PAGE 11 Councilmember Masin said she thought the ordinance should be changed to allow for12 hour parking on the street and stated that the six -hour limit would create a hardship for people who are moving. Mayor Awada disagreed stating that most people would park a moving van in their driveway. She added that the enforcement of this portion of the ordinance is complaint -based. She said that the problem the ordinance is trying to addl,ssa's the parking of commercial vehides on residential streets fqr long periods -of time. CoundlmembdFiarlson said that although six hours appears strict it is an industry standard. She stated that the iiHiit of the ordinance is to ensure that commercial vehicles are parked in the driveway. She said she coals .: it : coli ?t:thi ur limit but no•more. Councilmember Blomquist said she did not havo aposit i.:t } ie: 2s io . gi b: Mayor Awada said she would support the six -hour time limit. Councilmember Blomquist statetfthat she was concerned about the requirement regarding mowing of grass for large lots. She suggested changing the requirement to apply to lots one-half acre or smaller. She said she would support the ordinance as long as it would only be applicable to turf that is mowab]e. She further said that the intent of the ordinance is not to eliminate the wooded wild land in Eagan. Senior Planner Ridley clarified XIztlt the ordinance only applies to turf grass. Mr. Tyre referenced Section 10:Q Subdiv 2D regarding garbage collection. He suggested that garbage containers be allowed to 11:0 the colWon point from 6:00 p.m."the day before until 6:00 a.m. the following day to accommodate::i ose peopW:who may be working different shifts. Councilmember Masin Awada agreed to change the time to reflect 6:00 a.m. Councilmember Bakken accepted the change to the motion. A vote was taken on the motion. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - AMENDING CHAFER 11, ENTITLED, "LAND USE REGULATIONS (ZONING)" ADDRESSING,.9C,:CiRY BUILDING REQUIREMENTS • • City Administrator Hedges prp £di afi'rbverviitW on this item. Senior Planner Ridley gave a staff report. '` ' Mayor Awada inquired about the place3ieixoif ; ;barn shed in the rear yard. Senior Planner Ridley stated that the intent of the ordinance is to ensur6't : ie color of accessory buildings be color compatible with the existing house. Mayor Awada questioned If buildings smaller than a certain size would be exempt from this requirement. Senior Planner Ridley noted that buildings smaller than 10 by 12 in size would not be subject to this requirement. Mayor Awada stated that detached garages should match the color of the house but it would be acceptable for sheds to be a different color. Councilmember Carlson questioned if the C;,puncil should be determining what color people should paint their accessory structures and said ;$ '1s tg 1pe.b; $onal preference. Couneilmember Bakken stated that this is not a question of dictR,€ifyg't tiggOi i!;6fireating consistency in the color of the house and accessory structure. Further discussion occurred rl ding if0... Council should place restrictions on the color of accessory structures. Councilmembee: 40:111.* 0 :6 tld like the ordinance to state that the color must be complementary and not'i�tia4tii3ii'g''� rfit}acliflet� t#iat in the City there are a number of associations that have covenants, which restrict activities within a particular subdivision. Councilmember Blomquist stated that the requirement should be deleted. Councilmember Bakken said he did not feel strongly about the color either way. He added that the term complementary is not dear enough and he did not want the Council to 1 t . ptgrpret it. Councilmembers agreed to delete the requirement regarding color compatibili4y..; Councilmember Carlson stategtAiit the requireme it'#hat swimming pools must be ten feet.from the rear lot line is an incredible encro ,chment. She said thafIve feet would be sufficient as the ordinance currently states. Councilniiers concurred wit*e five-foot setback versus the ten -foot setback. EAGAN CITY COUNCIL MEETING MINUTES; JUNE 20,2000 PAGE 12 ApjgcmIsmpsT The meeting adjourned at 9:25 p.m. • - Date If you need these minutes in an alternativeftln such as large print, Braille, audio tape, etc., please contact the City • of Eagan, 3830 Pilot Knob Road, Eagan, M1stZ3122, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have -equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status oistatus with regard to public assistance. MLK City Clerk •• city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 30, 2000 SUBJECT: AGENDA INFORMATION FOR JULY 5, 2000 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES Due to the confusion regarding the vote on the June 25, 2000 special City Council minutes, a transcript was prepared and the City Attorney's office provided an opinion on the matter. A memo was previously sent to the Council with a copy of this information. The official transcript, enclosed on pages al through 9 , and the memo from City Attorney Michael Dougherty, enclosed on pages /0 through 11 , could be included as attachments to the minutes if the Council so desires. After approval is given to the July 5, 2000 City Council agenda, the minutes of the June 20, 2000 regular City Council meeting and the minutes of the June 20, 2000 special City Council meeting, the following items are in order for consideration. I TRANSCRIPT OF EAGAN CITY COUNCIL MEETING JUNE 20, 2000 ITEM REGARDING APPROVAL OF SPECIAL CITY COUNCIL MEETING MINUTES FOR APRIL 25, 2000 Mayor Awada: I have one more set. That's from the April 25th meeting minutes and there was a addendum or a change added, ah, that Councilmember Masin wanted to add to the minutes. It's on page two of our packet. Councilmember Carlson: Move to approve. Mayor Awada: With the change? Councilmember Carlson: Sure. Mayor Awada: I'll second that. Any discussion? All those in favor signify by saying aye. (The following statements by Councilmembers Bakken, Carlson, Blomquist, and Masin and Mayor Awada were all spoken at the same time.) Councilmembers Bakken and Carlson and Mayor Awada: Aye. Councilmember Blomquist: I (or aye).. . Councilmember Masin: There was a. . .a. . .(followed by inaudible few words) Mayor Awada: Opposed? (The following statements by Councilmembers Blomquist and Masin were spoken at the same time.) Councilmember Blomquist: Aye. Councilmember Masin: a...changes ... (Some other inaudible words) Mayor Awada: That was approved with your changes, Councilmember Masin. Councilmember Masin: OK, the change, OK, but the way I had read it was, ah, Councilmembers, I saw that something was just left on the doorstep and my understanding is that it was Councilmember Bakken that brought it to Councilmember Carson. ..Carlson...Carlson so I think that should be changed. Mayor Awada: Well, we just approved the minutes. June 20, 2000 Transcript Page Two Councilmember Masin: Well, ah, you didn't give me a change to make the, ah...I know you wanted to rush through this, but I do think that's important. I mean that was. . cost the taxpayers ten thousand dol. ..a hundred thousand dollars. (The following statements by Councilmembers Carlson and Bakken were spoken at the same time.) Councilmember Carlson: OK Councilmember Bakken: So, you're saying what now? Councilmember Masin: On page, OK, what I'm looking at is page.. . Councilmember Carlson: Page two. Councilmember Masin: The addition.. . Councilmember Bakken: Uh huh. Councilmember Masin: . ..page ten. The additional part. Mayor Awada: Councilmember Masin would like to, ah, amend the minutes as they were approved to add another sentence if you look at page two. OK, what.. (The following statement by Councilmember Masin overlapped the Mayor's last sentence.) Councilmember Masin: OK, what I'm seeing here as far as the changes was that, ah . Councilmember Blomquist: What page are they on? Councilmember Masin: OK, I'm looking at the extra piece, the. ..the page two, is that what you're... Councilmember Carlson: Uh huh. Councilmember Masin: OK. And at the beginning of the, ah, second paragraph, second, it says that Councilmember Carlson found the en...envelope on her doorstep and my understanding is that she had received the envelope from Councilmember Bakken. Mayor Awada: 'Were these... 3 June 20, 2000 Transcript Page Three Councilmember Masin: That would be a significant change. Mayor Awada: . . were these minutes taken, my understanding and I asked staff about this, if they were taken verbatim from the transcript of the tape. Is that correct? Secretary Karels? So this is exactly what happened. Councilmember Masin: OK, but that's, that's getting back to where the argument was. Do we want to reflect accurate information in our minutes or just... • Councilmember Bakken: (expresses an audible sigh.) Councilmember Masin: ...allow people to say things that are inaccurate? Mayor Awada: Councilmember Masin, there's nothing.. . Councilmember Masin: I think.. . Mayor Awada: ...there's nothing inaccurate in these minutes that you had asked us to add, and, in fact, we approved them, and this is exactly the reflection verbatim, word by word, of what happened at the meeting so that's the way the minutes are supposed to be and that's the way they're reflected. Councilmember Masin: Well, may..., I...I mean I have a tape that would show where Coun. . .Council. . .ah. . .member Carlson did say that she received them from Councilmember Bakken. Now that isn't what she said at the meeting, but I guess do we want to go with what's accurate or just say that something's left on her doorstep when it was actually brought by Councilmember Bakken? Mayor Awada: Councilmember Bakken. Councilmember Bakken: Two points and it seems like we've been getting into this a lot, but, just to make it crystal clear, for it to have any change of showing up in the minutes at a meeting, you have to say it. It's not enough to just think it. The second point is that in order to bring in some sort of collateral tape where Lord only knows what the source is or whether it's even genuine. ..I'm sure I could gen (?) together tapes of anybody sitting up here saying all sorts of things and ask that that be included as a part of the official record, but I don't really think that's appropriate, and at some point you have to ask the question once again what are the minutes for. They're to serve as an official record of the official actions taken by the Council with a bare minimum of procedural action and arguments in favor of the action to justify the decision that was made or at least provide a little bit of background. June 20, 2000 Transcript Page Four Mayor Awada: Thank you. This discussion, I'm.going to call it out of order. We're going to move on to item three which is Visitors to be Heard. Is there anyone here under Visitors to be Heard? (The following statement by Councilmember Blomquist overlapped the Mayor's last sentence.) Councilmember Blomquist: Excuse me. Could you call the vote on that? Mayor Awada: Would you like to. ..ah.. . Councilmember Blomquist: What was the vote on that? (Next few words inaudible) Mayor Awada: The vote was 5-0 on the minutes. (The following statements by Councilmembers Blomquist and Masin were spoken at the same time.) Councilmember Blomquist: No, it was not. I voted no. Councilmember Masin: No, it was not. Mayor Awada: OK. Then how would.. . Councilmember Masin: And I'm going to vote no because I know that this is not true and the argu... the argument goes back that if we're going to have full scale minutes they should either reflect accurate information, or as I said I'm perfectly content going to the model that Burnsville uses where they just keep the vote and the motion. Mayor Awada: Councilmember Bakken. Councilmember Bakken: Mayor Awada, just, I...I have no problem with that but just to keep it clean, I would make a motion by the Council, and it needs to pass unanimously, allowing the two members to change their vote on the previous item that was called. Although you may have been hasty, you did call it. (The following statements by Mayor Awada and Councilmember Bakken were said at the same time.) Mayor Awada: And it was 5-0. Councilmember Bakken: It was 5-0. r' June 20, 2000 Transcript Page Five Mayor Awada: Is there a second? I'll.. . Councilmember Blomquist: Well, it was not 5-0. (The following statements by Mayor Awada and Councilmember Blomquist were said at the same time.) Mayor Awada: I'll second the motion. Councilmember Blomquist: I didn't answer your question and I was trying to answer it when I was interrupted. Mayor Awada: Councilmember Blomquist, there is a motion and a second to allow you to change your vote. It was called. Is there any other discussion? Councilmember Masin: (A few unintelligible words, then:) You did not give us a chance to.. . Councilmember Blomquist: I will.. . Councilmember Carlson: We're now allowing you. Councilmember Blomquist: ...vote no on this item. Mayor Awada: We are allowing you with this vote to change your vote. Councilmember Blomquist: I am voting no on this item as I did in the past. Mayor Awada: Any discussion about allowing them to change their vote? Councilmember Carlson? All in favor signify by saying aye. Mayor Awada, Councilmembers Bakken and Carlson: Aye. Mayor Awada: Opposed? Does it pass unanimously? This is allowing.. . Councilmember Masin: I voted yes. You. . .you. . .you run the meetings too quickly in order to take an accurate count. Councilmember Carlson: Mayor Awada.. . Councilmember Masin: You should be saying all those in favor, yes; all those in favor, no. 6 June 20, 2000 Transcript Page Six Mayor Awada: Well, I'm...How are you two voting on this motion? City Councilmember Masin: I'm voting. ..as I said, I'm voting no because I know the information that is here is inaccurate. Mayor Avvada: The motion is to allow you to change your vote. Councilmember Masin: And I can state why I. ..I am voting in opposition. Mayor Awada: Opposition to allow you to changing your vote? Councilmember Masin: No, I'm just going back to the first motion. Mayor Awada: Councilmember. .Councilmember Blomquist, I have to call the vote. . (The following two statements by Councilmembers Carlson and Blomquist were spoken somewhat at the same time.) Councilmember Carlson: Mayor Awada.. . Councilmember Blomquist: How many times do I have to vote? Councilmember Carlson: Clari. . .Mayor. . .Mayor Awada, clarification for the audience. The motion on the floor right now is to give them the opportunity to change their vote. And that is the motion. We are voting on whether or not to allow you to change your vote. And we're all saying yes but you two. So I would suggest that we address the motion and that is to allow you to change your vote as it's stated. So the motion is right now to allow you to change your vote. Are you in favor? That's what she's calling. I would think that you'd want to change your vote and vote in favor.. . Mayor Awada: Yes or.. . Councilmember Carlson: .and then she'll recall the question on the minutes. Mayor Awada: Yes or no? Councilmember Masin: The point was I never voted yes, that's the issue, so this isn't necessary. You didn't give a chance for us to vote no. You just.. . Mayor Awada: I called the vote; there was no one who said no. Councilmember Blomquist: I said no. June 20, 2000 Transcript Page Seven Mayor Awada: OK, I'm not going to argue any more. Councilmember Masin: Just.. . Mayor Awada: How are you voting on this motion? Councilmember Masin: I am going to abstain because this is.... .I'm going to vote yes but under duress because I think this is entirely unnecessary because you didn't conduct the. .the first vote properly. Mayor Awada: Councilmember Blomquist? Councilmember Blomquist: I've already voted on this issue. Would you call the next one. Mayor Awada: So, how are you voting on this motion? Councilmember Blomquist: I'm voting no. This isn't necessary. Mayor Awada: OK, the motion, ah, fails. We needed a unanimous. . .We'll move on down to Visitors to be Heard. Is there anyone here under Visitors to be Heard? Councilmember Blomquist: If my motion is.. . Mayor Avvada: Is there. ..you're out of order. Is there anyone here under Visitors to be Heard? Councilmember Blomquist: (Speaking over the last part of the Mayor's previous statement.) Madam Mayor... Mayor Awada: You are out of order on this. Councilmember Masin: She can'tbe. You did it wrong, Pat. Mayor Awada: You're out of order on this. Councilmember Masin: You are wrong. Councilmember Blomquist: I don't understand this. Councilmember Bakken: That's clear. 8 June 20, 2000 Transcript Page Eight Mayor Awada: That's very clear. Is there anyone here under Visitors to be Heard? Anyone? OK, we'll move on down to Comments by Council, City Administrator and Department Heads. LW v . AU.TO , JL.\LAZVA Jf1rlW\- SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. b1b014b12;# 2/ 3 MEMORANDUM TO: Tom Hedges, City Administrator FROM: City Attorney's Office DATE: June 23, 2000 RE: Minutes of Special Meeting of the Eagan City Council - April 25, 2000 In response to our discussion, I have had an opportunity to view the video tape of the June 20, 2000 City Council meeting, have read the transcript of' the proceedings and have further discussed this natter with Holly Duffy. T offer the following observations, in interpreting Robert's Rules of Order, as to the impact of thc Council's discussion and vote surrounding the minutes of the special Council meeting of April 25, 2000. 1. What was the vote on thc motion? The record supports that the vote on the motion to approve the minutcs was three in favor, one against and one abstention. Councilmembers Bakken and Carlson, together with Mayor Awada voiced their votes in favor of adopting the minutes as presented. Upon the Mayor's inquiry as to whom voted in opposition, Councilmembcr l3lomquist voted aye and Councilmember Masin asked a question. Since the question on the motion directed a voice vote, only an answer in conformity with the voting procedure would be counted. A member who does not vote is considered "nct to have voted at all." 2. Issues regarding change of vote. A. Right to change vote. A Councilmember has the right to change his/her vote up to the time thc result is announced. Therefore, any Councilmember had the right to change his/her vote up to the point of the Mayor's declaration that the motion had passed. B. Ermission to change vote. hollowing the announcement of the result of a vote, a Councilmember may change his or her vote only with the permission of the Council. The Council's permission may be obtained by either unanimous consent or by the adoption of a motion to grant permission. /0 6124323780 => CITY OF EAGAN ,TEL=6516814612 06/23'00 14:46 W GU- V f 1Q IQ + JLTLRJV.\ J1lL.LW N- i) What is meant by unanimous consent? Ooltittl4b11;; 3/ 3 Unlike what is implied by the term "unanimous consent," it does not necessarily mean that every member is in favor of a proposed action. The use of the procedure for unanimous consent is to dispense with the formality of the steps involved in the adoption of a motion and may he used to dispense entirely with the use of a motion. Essentially, while the rules of order are designed to protect the minority, the rules do not need to be strictly enforced when there is no minority to protect. To obtain unanimous consent, the Mayor may state: "If there is no objcction to "...the action w?i;^"- - --•i red will be taken. The Mayor then would pause and if no Councilmember object~, the Mayor would announce that: "Since there is no objection, ..." the action is decided upon. The failure to object to the use of unanimous consent docs not impart or support a finding that the minority agrees with the motion, but rather is an acquiescence to the fact that it is useless to oppose or discuss the matter. IIowever, it allows the proceedings to continue. Noticeably, if any Councilmember voices an objection to thc use of a unanimous consent, a motion on the action and subsequent vote would he necessary. In most instances, a simple majority of those in favor of the motion would cause the action to be carried out. ii) Motion to grant permission. Following the announcement of the results of a vote, and absent the use of unanimous consent, a Councilmember may seek permission to change his or her vote. A motion to grant permission would need to be made and seconded, and upon its passage by a majority of those voting. the person seeking permission to changc his or her vote may then change thc vote. Following such change, the original motion shall be recorded as modified with the change. 3. Effect of the Mayor's statement that the motion to approve the minutes was unanimous. Inherently, no Councilmember nor the Mayor has the privilege to change someone else's vote. In fact, us noted above, one's own vote may only be changed through the use 01' unanimous consent or a motion to grant pennission. The Mayor's statement of the outcome is similar to commentary on the vote taken. Simply stated, the vote is what it is. Whether the minutes were approved on a voice vote of 3:2, 4:1 or 5:0, the legal effect of the vote is that the minutes as presented were approved. The Mayor is obligated to note whether the motion was approved or lost and the effect of the vote. The vote on the motion was approved and thereby the minutes were adopted. The recorded vote should reflect the actual outcome of the vote. 4. Outcome of vote. In summary, with the aid of hindsight vision, i.e. tapes and transcripts, our review of the matter has concluded that the outcome on the vote to approve the April 25, 2000 minutes of the Fagan Special City Council meeting was adopted by a vote of three in favor, one against and one abstention. If you have any questions in regard to any of the above, please feel free to give mc a call. MGD/wkt 6124323780 => CITY OF EAGAN ,TEL=6516814612 06/23'00 14:46 Agenda Information Memo July 5, 2000 Eagan City Council Meeting COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS A. BOND RATING UPGRADE BY SPRINGSTED Dave MacGillivray, principal with Springsted, will be present at the meeting to present the City with an official recognition of the increase in bond rating that was provided by Standard & Poors from a AA- to AA. As the City Council may recall, Moody's did not adjust their rating, which is currently Aa2. Enclosed on page / 3 is a copy of the credit profile providing information on the bond rating increase from AA- to AA. There is no official action required on this item. This is a celebration recognizing the strong financial strength of the City, which is reflected through an increase in our bond rating. 102 CREDIT PROFILE May 1, 2000 Analysts: Michael Forrester 212-438-2001 Peter Murphy 212-438-2065 Eagan, Minnesota NEW RATING $3.43 mil GO imp bnds ser 2000A dtd June 1, 2000 due Feb 1, 2001-2014 UPGRADED $27.95 mil GO bnds OUTLOOK: STABLE AA TO AA a4 i 'tea k: 467 44 we> '. A tp hti.lk.•41216mitri tT� I: t is FROM AA - RATIONALE The rating and upgrade on Eagan, Minn.'s GO bonds is based on the continued expansion of the city's tax and economic base resulting in ongoing strong financial performance and moderating debt ratios. Eagan is located south of Minneapolis and St. Paul and remains one of the fastest-growing metropolitan area suburbs. Good highway access and proximity to the Minneapolis -St. Paul airport has led to strong residential and commercial development. The city's population is estimated at 61,000, up 30% since 1990, with wealth and income indicators well above average. Median household income exceeds 150% of the national average and income growth remains strong. The Minneapolis -St. Paul MSA remains one of the strongest economic areas in the country with steady job creation and extremely low unemployment of just 2.3% in January 2000. Although residents have easy access to job opportunities in both downtown Minneapolis and St. Paul, Eagan boasts a very strong local employment base of its own. Leading employers include West Group (a law publisher with 6,500 employees); Blue Cross -Blue Shield of Minnesota (3,200); United Parcel Service and Coca Cola Bottling Co. (each with 1,200); and Northwest Airlines world headquarters (1,100). Numerous other commercial and industrial park developments are located in the city that contain a mix of office, distribution, and warehouse facilities. The series 2000A bonds will fund various street improvements, supported by special assessments levied on the benefited properties, as part of the city's current S -year, $55 million capital improvement plan. The city is also selling $2.3 million of bonds through the Eagan Economic Development Authority, secured by loan repayments from the city, to acquire land for the city's new community center development. The city will contribute $3 million from the general fund toward the cost of the land and expects to go to the voters in June 2000 for a $15 million bond authorization to finance construction of public facilities at the community center. OUTLOOK The outlook reflects the expectation of continued strong financial management and steady tax base growth. Standard & Poor's ADivision ofThe McGraw-Hill Companies Published by Standard & Poor's. a Division of The McGraw-Hill Companies, Inc Executive offices 1221 Avenue of the Americas. New Yoh. N.Y. 10020. Editorial offices: 55 Water Street New York. N.Y. 10041. Subscriber services. 1212) 438.2290. Copyright 1999 by The McGraw-Hill Companies. Inc Reproduction in whole or in pan prohibited except by permission. /3 Agenda Information Memo July 5, 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. Resignation/Clerical Tech III/Fire-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Julie Kaufman -Boom, Clerical Tech III in the Fire Department. Item 2. Seasonal Lifeguard/Cascade Bay -- ACTION TO BE CONSIDERED: To approve the hiring of Brandon Halverson as a seasonal lifeguard for Cascade Bay. Item 3. Seasonal Concessionaire/Cascade Bay -- ACTION TO BE CONSIDERED: To approve the hiring of Mike Werneke as a seasonal concessionaire for Cascade Bay. Item 4. Seasonal Maintenance Shift Leader/Cascade Bay -- ACTION TO BE CONSIDERED: To approve the hiring of Ryan Sisson as seasonal maintenance shift leader for Cascade Bay. Item 5. Seasonal Concessions Shift Leader/Cascade Bay -- ACTION TO BE CONSIDERED: To approve the hiring of Tiffani Anglin as a seasonal concessions shift leader for Cascade Bay. / y Agenda Information Memo July 5, 2000 Eagan City Council Meeting Item 6. Seasonal Arts & Crafts Specialist -- ACTION TO BE CONSIDERED: To approve the hiring of Cara Harshfield as a seasonal arts & crafts specialist. Item 7. Seasonal Park Attendant -- ACTION TO BE CONSIDERED: To approve the hiring of Aaron Walding as a seasonal park attendant. Item 8. Preschool Program Instructor -- ACTION TO BE CONSIDERED: To approve the hiring of Judy Forde as a seasonal preschool program instructor. Item 9. Seasonal Camp Instructor -- ACTION TO BE CONSIDERED: To approve the hiring of Robert Walsh as a seasonal camp instructor. Item 10. Seasonal Tennis Instructors -- ACTION TO BE CONSIDERED: To approve the hiring of Aaron Halbe and Michael Wacker as seasonal tennis instructors. Item 11. Seasonal Clerical Worker/Parks & Recreation -- ACTION TO BE CONSIDERED: To approve the hiring of Jenni Petsinger as a seasonal clerical worker in Parks & Recreation. Item 12. Seasonal Recreation Leader -- ACTION TO BE CONSIDERED: To approve the hiring of Estella Harris -Battle as a seasonal recreation leader. Agenda Information Memo July 5, 2000 Eagan City Council Meeting Item 13. Seasonal Utilities Intern -- ACTION TO BE CONSIDERED: To approve the hiring of Carrie Gangl as a seasonal utilities intern. Item 14. Utility Maintenance Workers -- ACTION TO BE CONSIDERED: To approve the hiring of Steve Gilberg and a person to be recommended for hire as utility maintenance workers. Item 15. Recreation Administrative Specialist -- ACTION TO BE CONSIDERED: To approve the hiring of Beth Wielde as a Recreation Administrative Specialist. /6 Agenda Information Memo July 5, 2000 Eagan City Council Meeting B. LICENSE RENEWALS FOR SERVICE STATION, TREE CONTRACTOR, TOBACCO AND MASSAGE THERAPY ESTABLISHMENT ACTION TO BE CONSIDERED: To approve the license renewals for service station, tree contractor, tobacco and massage therapy establishment. FACTS: • The City annually licenses parties doing business in the above -referenced categories. The licenses are in order for review and approval by the Council at this time. ATTACHMENTS: • List of renewals attached on page a. /7 Duckwood 66 3575 Pilot Knob Road Eagan, MN Valley Tree 7600 West 146`'' Apple Valley, MN 2000/20001 SERVICE STATION LICENSE RENEWALS 2000 TREE CONTRACTOR LICENSE RENEWALS 2000 TOBACCO LICENSE RENEWALS Tobacco Joint (formerly Tobacco Pride) 1960 Cliff Lake Road Eagan, MN 2000 MASSAGE THERAPY ESTABLISHMENT LICENSE RENEWALS Lifetime Fitness 1565 Thomas Center Drive Eagan, MN Agenda Information Memo July 5, 2000 City Council Meeting C. JOINT POWERS AGREEMENT, Dakota County Soil & Water Conservation District FOR COUNCIL ACTION: To authorize the execution of a joint powers agreement with Dakota County Soil and Water Conservation District that provides for Eagan's deposit of 3.5 acres of the wetland banking credits into State of Minnesota wetland bank. FACTS: • The Minnesota legislature established a state "wetland banking system" in 1991 as part of the Wetland Conservation Act. • It allows landowners who restore or create wetlands and who agree to maintain those wetlands in perpetuity to receive credits that can be sold at open -market prices. • Persons or entities needing to drain or fill wetlands in other locations can buy these credits, allowing building projects and other activities requiring draining or filling of wetlands to proceed. • Since 1976, the Dakota County Soil and Water Conservation District (SWCD) has provided overall coordination of the restoration project. The SWCD recently drafted a joint powers agreement that provides for the deposit of the City's wetland banking credits into the State of Minnesota wetland bank. • The City's Water Quality Capital Improvement Program includes acquisition of wetlands banking credits. • At their June 19 commission meeting, the Advisory Parks Commission recommended that the City Council execute the joint powers agreement . CONCERNS: None ATTACHMENTS: Copy of Joint Powers Agreement. ya 4 eS .2G -.)9 /9 JOINT POWERS AGREEMENT Between CITY OF EAGAN And DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT for DEPOSIT OF WETLAND BANICING CREDITS INTO STATE WETLAND BANK This Agreement is made and entered into between the City of Eagan (City), and the Dakota County Soil and Water Conservation District (SWCD). WHEREAS, SWCD has identified a potential wetland restoration site within the geographic boundaries of Dakota County; and WHEREAS, the restoration of wetlands within the geographic boundaries of Dakota County promotes the public health, safety, and welfare; and WHEREAS, City desires to enter into this Agreement for the restoration of wetlands on a site identified by SWCD; and WHEREAS, the parties to this Agreement are governmental units of the State of Minnesota and, as such, have the authority to enter into this Agreement pursuant to Minn. Stat. § 471.59. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: L PURPOSE. The purpose of this Agreement is to provide for the restoration of wetlands. Page 1 of 8 �o IL SWCD RESPONSIBILITIES. A. SWCD shall prepare a wetland bank plan ("Wetland Bank Plan") pursuant to Minn. R. 8420.0700-.0760 for the restoration of wetlands on the real property in Dakota County, Minnesota, which is legally described on Exhibit A hereto attached and made a part of this Agreement ("Real Property"). The Wetland Bank Plan shall be designed to yield at least 15.76 acres of new wetland credit and 11.81 acres of public value credit, as such terms are defined in Minn. R. 8420.0110. B. SWCD shall seek local government unit approval of the Wetland Bank Plan pursuant to Minn. R. 8420.0740, subp. 1H -I. C. If the Wetland Bank Plan is approved by the local government unit, then SWCD shall close on the acquisition of good and marketable title to an easement interest in the Real Property. The easement shall be substantially in the form of Exhibit B hereto attached and made a part hereof. Prior to closing on the easement, the fee owner shall have completed the construction required by the Wetland Bank Plan. In addition to recording the easement, SWCD shall also record a Declaration of Restrictions and Covenants for Replacement Wetland in the form required by the State of Minnesota through the Board of Water and Soil Resources (BWSR) for wetland banking purposes ("Declaration"). SWCD shall obtain and attach to the Declaration a consent and subordination agreement in the form required by BWSR signed by the fee owner and the holder of any other interest in the Real Property. Any acquisition of an interest in the Real Property prior to the approval of the Wetland Bank Plan and completion of the construction required by the Wetland Bank Plan shall be at SWCD's own risk without any obligation for payment by the City. D. After closing, SWCD shall seek final determination of wetland bank acceptability pursuant to Ivtinni . R. 8420.0740, subp. 1K. Page 2 of 8 2/ E. Upon acceptance for deposit, SWCD shall deposit the wetland into the state wetland bank pursuant to Minn. R. 8420.0740, subp. 1L -M. F. Upon deposit in the state wetland bank, the following credits shall automatically be transferred to the City and withdrawn in City's favor to provide replacement wetlands pursuant to City's replacement obligation under Minn. Stat. § 103G.222, subd. 1(m): 2.0 acres of new wetland credit; and, 1.5 acres of public value credit. This Agreement shall be deemed sufficient to evidence SWCD's transfer of the credits to City and SWCD's direction that the credits be withdrawn in City's favor. With the exception of the credits withdrawn in City's favor, the remaining credits shall belong to SWCD. SWCD may enter into purchase or option agreements with other parties pursuant to Minn. R. 8420.0740, subp. 2 and may transfer some or all of its credits to such other parties upon approval of wetland replacement plans for use of the credits by the other parties. G. SWCD shall perform all of its duties under this Agreement at its sole cost and expense, except to the extent of the City Payment (as defined below). SWCD shall be solely responsible for all costs and expenses in excess of the City Payment. IIL CITY RESPONSIBILITIES. A. City shall disburse to SWCD an amount not to exceed Thirty Eight Thousand, Thirty-one and No/100 ($38,031) Dollars. The total liability of City under this Agreement and with respect to the work and other duties performed by SWCD in connection with this Agreement shall be limited to the City Payment. The City Payment shall be disbursed upon completion of the construction required by the Wetland Bank Plan, closing on acquisition of good and marketable title to an easement interest in the Real Property, and recording by SWCD of the Declaration with a consent and subordination Page 3 of 8 40202 agreement signed by the fee owner and the holder of any other interest in the Real Property. SWCD shall not be required to wait until deposit of the credits into the state wetland bank in order to receive full payment of the city Payment. If, however, SWCD fails to complete full deposit of the credits into the state wetland bank or to fulfill any of its other duties under this Agreement, then SWCD shall promptly reimburse City for the full amount of the City Payment previously paid by City to SWCD. SWCD shall be solely responsible for all costs that it incurs in excess of the City Payment. IV. MISCELLANEOUS A. Inspection. City shall, upon request, have the right to inspect the Real Property. B. Non -Discrimination. SWCD agrees not to engage in discriminatory employment practices in the completion of the replacement wetland, or the operation and/or management of the replacement wetland, and it shall, with respect to such activities, fully comply with all of the provisions contained in Minn. Stat. §§ 181.59 and 363.03. C. Worker's Compensation. SWCD agrees to comply fully with all of the provisions relating to worker's compensation contained in Minn. Stat. §§ 176.181 subd. 2 and 176.182 with respect to the completion of the replacement wetland and the operation and/or management of the replacement wetland. D. Public Bidding and Prevailing Wages. SWCD agrees to comply with all public bidding and set-aside requirements applicable to it. SWCD agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes pertaining to prevailing wages, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.43. Page 4 of 8 a3 E. Liability: SWCD and City agree that they each will be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. F. Relationship of Parties. Nothing contained in this Agreement is intended or shall be construed in any manner as creating or establishing a partnership, joint venture, or agency relationship between the parties hereto. G. Employees. SWCD represents that it has, or will secure at its own expense, all personnel and/or persons required for the performance of this Agreement. Any and all personnel of SWCD, or the other persons, while engaging in the performance of this Agreement, the completion of the replacement wetland, or the operation and/or maintenance of the replacement wetland, shall not have any contractual relationship with City and shall not be considered employees of City. In addition, any and all claims that may or might arise on behalf of said personnel or other persons while so engaged arising out of employment, or alleged employment, including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, shall in no way be the responsibility of City. Such personnel or other persons shall not be entitled to any compensation, rights or benefits of any kind whatsoever from City. H. Notices. In addition to any notice required under applicable law to be given in another manner, any notices required herein must be in writing, and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that addresses specified hereinbelow, or such different address as may hereafter be specified, by written notice to the other: To SWCD at: Dakota Soil and Water Conservation District Dakota County Extension and Conservation Center Page 5 of 8 a9 4100 220th Street West, Suite 102 Farmington, MN 55024 Attn: Brian Watson, District Manager To City at: City of Eagan Municipal Building 3830 Pilot Knob Road Eagan, MN 55122 Attn: L Assignment or Modification. This Agreement shall be binding upon and inure to the benefit of SWCD and City, and their respective successors and assigns; provided, however, that SWCD may not assign any of its rights or obligations under this Agreement without the prior written consent of City. No change or modification of the terms or provisions of this Agreement shall be binding on either SWCD or City unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. J. Waiver. Neither the failure by SWCD or City, in any one or more instances, to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of SWCD or City to exercise any right, privilege, or remedy conferred herein, or afforded by law, shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of either SWCD or City in exercising any right or remedy herein shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof, or the exercise of any other right or remedy. Page 6 of 8 e9• K. Entire Agreement. This Agreement embodies the entire agreement between SWCD and City, and there are no other agreements, either oral or written, between SWCD and City on the subject matter hereof. L. Severability. If any term or provision of this Agreement is finally judged by any court to be invalid, the remaining terms and provisions shall remain in full force and effect, and they shall be interpreted, performed, and enforced as if said invalid provision did not exist. Page 7 of 8 096 V. EFFECTIVE DATE This Agreement shall be effective as of the date all of the signatures required below have been provided. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be signed on their behalf intending to be bound thereby. Date: DAKOTA SOIL AND WATER CONSERVATION DISTRICT By: Approved as to form and execution by: DAKOTA COUNTY ATTORNEY By Date: Its Date: CITY OF EAGAN By Its Page8of8 07 EXHIBIT A Real Property EXHIBIT B Form of Easement �9 Agenda Information Memo July 5, 2000 Eagan City Council Meeting D. APPROVE 7-1-00 TO 7-1-01 GENERAL INSURANCE RENEWAL ACTION TO BE CONSIDERED: To approve the general insurance renewal for 7-1-00 to 7-1-01. FACTS: • The City has received information for the general insurance coverages. The renewal proposed has been assembled through the efforts of Pat Meger of Arthur J. Gallagher & Co., the City's insurance representative. • General insurance coverages include buildings and contents, equipment, automobile, general liability and numerous smaller areas of risk exposure. • While official quotations were not solicited, other markets are continuously reviewed. The general conclusion is that there are no providers who can match the League of Minnesota Cities Insurance Trust (LMCIT) for both price and coverages. Consequently, we have only the quote from the LMCIT to present to the City Council for consideration. • The premium summary by coverage type for 1999/2000 and 2000/2001 is as follows: Coverage LMCIT: Property Municipal Liability Auto Liability Auto Physical Damage Petrofund Open Meeting Law Employee Dishonesty Boiler & Machinery Other Carrier: AD&D Benefit (1) Increase (Decrease) 1999/2000 2000/2001 Amount Percent $ 53,308 121,611 18,358 15,644 780 3,413 1,098 6,889 221,101 $ 58,848 $ 5,540 10.4% 147,217 25,606 21.1% 25,839 7,481 40.8% 16,905 1,261 8.1% 780 0 0.0% 3,060 (353) (10.3)% 1,235 137 12.5% 7,997 1,108 16.1% 261,881 40,780 18.4% 2,449 2,449 0 0.0% $ 223,550 $ 264,330 $ 40,780 18.2% (1) This coverage is for accidental death & dismemberment for the volunteer firefighters. 30 Agenda Information Memo—General Insurance Renewal (cont'd) July 5, 2000 Eagan City Council Meeting • The LMCIT package premium is $40,780, or 18.4%, higher than last year. The following factors explain most of the increase: ➢ $25,606, or two-thirds of the total increase, is in municipal liability coverage. Approximately $5,500 of that amount is due to higher overall City expenditures and rate changes, two of the factors in the premium formula. The balance of the liability increase is due to the City's experience ratings, which are based on 1996- 1998 losses for this premium year. A relatively good year (1995) rolled off, and a relatively bad year (1998) came on. ➢ $7,481 of the increase is in auto liability. The number of cars covered increased from 188 to 194. In addition, the experience rating was again adversely affected as a good year rolled off and a bad year came on. ➢ $5,540 of the increase is in property coverage. Total property replacement value increased from $48.8 million to $56.4 million primarily due to the addition of Cascade Bay. An inflation factor was also applied to the prior year values. • Staff again evaluated the costs of obtaining excess liability coverage; however, the premium remains very high and staff recommends against purchasing this coverage. Because of the high costs, the City has not purchased excess liability coverage in recent years. 3/ Agenda Information Memo July 5, 2000 Eagan City Council Meeting E. RESIGNATION & APPOINTMENT, BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION MEMBER ACTION TO BE CONSIDERED: To accept the letter of resignation from Jim Blair from the Burnsville/Eagan Telecommuni- cations Commission and appoint the alternate, Alan Miller, as a regular Burnsville/Eagan Telecommunications Commission member. FACTS: • Jim Blair is resigning from the Burnsville/Eagan Telecommunications Commission because he is moving to Rosemount. • The Commission recommends that the alternate Commissioner, Alan Miller, be appointed as a regular member. Agenda Information Memo July 5, 2000 F. PINES EDGE 4m ADDITION (LOT 1, BLOCK 11 EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on August 1, 2000. FACTS: • On June 29, 2000, City staff received a letter from James M. Stanton, President, Shamrock Development, Inc., requesting the vacation of a portion of the existing drainage and utility easements on Lot 1, Block 1, Pines Edge 4th Addition, northeast of the intersection of White Pine Way and Sycamore Drive. • 10' wide easements were dedicated as part of the Pines Edge 4th Addition plat as the typical side lot easements for drainage and utility purposes. • The purpose of the request is to allow Todd and Bonnie Sogge to construct a new house on Lot 1. The configuration of the proposed house would encroach upon some of the existing drainage and utility easements. • Typically the side lot drainage and utility easements are only 5' in width due to their placement being adjacent to another 5' easement on the neighboring lot. The easements would only be necessary for overland drainage from Lot 1. • The request would vacate the interior 5' of the existing 10' easements on the north and east sides of the lot. • Notices will be published in the legal papers and sent to all potentially affected and/or interested utilities for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page 3 Y. • Location Map, page .3 S 33 'N01110Od 151 3003 S3NId '0 .O11f10 .0 3NI1 1SV3 3141 OS1 —'9C '03S JO 4/1 '3'S 3H1 30 b/I '3'N 3H1 JO 3NI1 1SV3 00'001 M„90,9IOOON NO/ LY0b'A J_ Iv ;SN 1�. L_J L—J 1 1 1 L1J NORTH LINE OF THE SOUTH 624.00 FEET OF THE N.E. 1 1 --- -,.,4_ -.1.-- (�i `� 1 ZO' 1 #1 .C• • p0 I M„90,8IOOON \!/`t'0v. 4� D D� N N N89°41'52"E . \ 1 ,% ,s I% 1 !l1 11 1 1 J...J 1 1 .I ♦I -, % 1 F% 1 1 1_I I\ 1 ,\ -� #4 1 11/\1 \! 1 .J .I I 1 • •I I \ •I 09 T L o c0 E • •-i MP J s ` -, . 1 % 1 ,1 /\ 1 I.1 1 _J / 1 .J .J -4 , 4 I 11/%1 \/ 1 l ' _J ♦J .I / 1 • ♦I / \ • i it ♦' I t-- • �� HAY LANE J - .J ~ > ?4 �� Cr v LAKE \ 0' AS crl a y 4 . HAY LAKE • `i pp . ��' p' r ND ?• ��-1 �P .1 '• 3 OVERHILLI -D.}',� s R.N.D N 1- W a 0 LAKEwoo� 2' a?• ../ , AmidOAK IIIIII �J11111111A ., , o 2 CLIFF BEST fe ROAD � DR. LS tn 0 x c McDONOUGH z D r Z n N ��-f LAKE% � MIDDLE. o OR` LN. l T \' el Cy RD. N. SCHULTZ LAKE P PRK eo . �O 0 McFA00fN5 0 h' WESTON 8 FITZ LAKE HILL PL. 0 is,. J m 4 ,EW C•VE/ w � LANE 4800 NAUV00 o Q� z F' RED RE CT. • a m \SYCA LN. 3 w z n32 W J ITE )LPNE Y vii W wH FARM RD GUN m li WAY .o. . C CLUB RD. PINE HIDDEN SPRUCE a ,, _ w Ei m 0 CORNER PARC w W ST. SYCAMOR 2 aZ D J BUTWIN ROAD v / 1 20th ST. W. 5000 R 0 SEMO UNT 120th ST. SITE LOCATION 35. - PUBLIC % WORKS f DEPARTMENT a EASEMENT VACATION LOCATION MAP LOT 1, BLOCK 1 PINES EDGE - 4TH ADDITION JUNE 25, 2000 Agenda Information Memo July 5, 2000 Eagan City Council Meeting G. CABLE SERVICE EXTENSION TO ALICIA DRIVE RESIDENTS FROM INVER GROVE HEIGHTS ACTION TO BE CONSIDERED: To approve the extension of cable service to Alicia Drive residents from the City of Inver Grove Heights. FACTS: • Although the residents of Alicia Drive are residents of Eagan, access to their street is only available through the City of Inver Grove Heights. • The residents have requested that cable service be extended to them from MediaOne from the City of Eagan. • Because of the location of the homes, extension of cable service to this area from the City of Eagan is cost prohibitive. • It is possible to extend cable service to these residents from the City of Inver Grove Heights' cable system. • The City of Eagan would receive all revenues (ie, franchise fees, PEG fees) associated with the provision of service. 34 Agenda Information Memo July 5, 2000 Eagan City Council H. EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL (OLSON- BURGER ADDITION) — CARL OLSON AND RICHARD BURGER ACTION TO BE CONSIDERED: To approve a one-year extension of the Preliminary Subdivision approval for Olson -Burger Addition, consisting of three lots and one outlot on approximately 33 acres located east and west of I -35E between Yankee Doodle and Lone Oak Roads, in the west %i of Section 10. FACTS: • On July 6, 1999, the City Council approved the Preliminary Subdivision. • The applicant is requesting a one-year extension of the Preliminary Subdivision approval to allow additional time to secure a buyer prior to Final Subdivision approval and recording the final plat. • A letter from the applicant's representative is attached. ATTACHMENTS: Letter from Larkin, Hoffman, Daly & Lindgren, Ltd., page 3y 3? PETER J. COYLE DIR. DIAL (952) 896-3214 June 13, 2000 Ms. Pam Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORWEST FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431-1194 TELEPHONE (952) 835-3800 FAX (952) 896-3333 Re: Request to extend Olson -Burger Preliminary Plat Dear Pam: Our firm represents Richard Burger and Carl Olson in connection with the preliminary plat approval (Olson -Burger Addition) for their property in Eagan, Minnesota. The preliminary plat was approved by the City Council on July 6, 1999. I am writing to request that the City Council approve an extension of the preliminary plat for an additional year, to allow time to secure a buyer for the property and to avoid the possible need to re -plat the property to suit a buyer's objectives. Please confirm that this request is acceptable to the City. Peter J. Coyle, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. cc: Carl Olson Dick Burger Paul McGinley 0585694.01 3 8 - Agenda Information Memo July 5, 2000, Eagan City Council I. FINAL SUBDIVISION (PFEIFER ADDITION) — GENE AND BRENDA PFEIFER ACTION TO BE CONSIDERED: To approve a Final Subdivision to create two single-family lots, on 1.05 acres at 4580 Oak Pond Road in SE 1/4 of Section 26. FACTS: • The Council approved the preliminary subdivision on April 18, 2000. • All documents have been signed and are in order at the regular meeting of the City Council. ATTACHMENTS: Final Plat, page 90 39 of coFco W 0/100 au A P01 u+0 0 • v• C 3 3 X 3 K01 144 'R MLL90 A 0/100 OW A 1001 000 134 341 A 4004 000 Mu 141A.M.. 00'0Ct 1.O41.0I1000 e \ + err 'KC 11 '0[01 'K a A 1/t H1A w 1}. A 10041Of aiV) w A>11Y (MVO J� rc n _. a 0 ag na$ I }v 1a 0 - C \ \ \,\ \, \ t„\ \ \ \ \Wi'4 \ , N'N4y'ti \ :* \ \ 41 h- 0 0 • go Agenda Information Memo July 5, 2000 J. CONTRACT 00-10, WESCOTT ROAD SURFACE TREATMENT & RE -STRIPING ACTION TO BE CONSIDERED: To receive the bids for Contract 00-10 (Wescott Road — Surface Treatment and Striping), award the contract to Road Surfacing Technologies, for the Base Bid in the amount of $173,854.15, and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • The bituminous street surface treatment and re -striping of Wescott Road from Pilot Knob Road to Highway 149 is programmed for 2000 as part of the City's annual street maintenance operations. The surface treatment is being completed as an alternative to the typical sealcoating that was recently completed on Blackhawk Road, Deerwood Drive, Denmark Drive and some residential neighborhoods. • On June 5, 2000, the City Council approved the detailed plans and specs and authorized the advertisement for solicitation of competitive bids for Contract 00-10. • At 10:30 a.m. on June 29, formal bids were received for this project. A copy of the bid recommendation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Road Surfacing Technologies has been reviewed by the Engineering Division and found to be in order for favorable Council action. • ATTACHMENTS: • Bid Summary, page. 9/ BID SUMMARY Bituminous Seal Coat — "Liquid Road" Special Maintenance & Striping City Contract No. 00-10 Bid Date: Thursday, June 29, 2000 Bid Time: 10:30 a.m. Contractors 1.) Road Surface Technologies 2.) Fahrner Asphalt Sealers, Inc. Bid Comparisons — Contract 00-10 Low Bid $173,854.15 Engineer's Estimate $216,610 Percent Under Estimate -19.7% Total Base Bid $173,854.15 $237,500.25 Agenda Information Memo July 5, 2000 K. RICHARD'S RESTAURANT LICENSE AGREEMENT ACTION TO BE CONSIDERED: To approve a License Agreement for Parcel 10-02400-014- 76 (Richard's Restaurant) regarding the use of a portion of City owned property (Parcel 10- 02400-014-75) for drainage and utility purposes and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • Randy Cooper, new owner of Richard's Restaurant, 4185 South Robert Trail, has requested the City's assistance in providing options for the connection of his restaurant to the public sanitary sewer system, thus abandoning the existing private septic system. • An existing sanitary sewer main is located on the City owned lot directly south of Mr. Cooper's property, northwest of the intersection of Diffiey Road and Trunk Highway 3. • The requested license agreement would allow a sanitary sewer service for Mr. Cooper's restaurant to encroach approximately 60' onto the City's property. The location of the sewer service on the City's property is in a non -developable portion of the site due to a steep slope. • Public Works staff and the City Attorney's office have reviewed this agreement and found it to be in order for favorable Council action. ATTACHMENTS: • Sketch of sewer service alignment, page y . Agenda Information Memo July 5, 2000 Eagan City Council Meeting L. MASSAGE THERAPY ESTABLISHMENT LICENSE, SOUTHWEST AREA YMCA, 550 OPPERMAN DRIVE ACTION TO BE CONSIDERED: To approve a massage therapy establishment license, Southwest Area YMCA, 550 Opperman Drive. FACTS: • The Southwest Area YMCA has applied for a massage therapy establishment license. With each establishment approval, one massage therapist license is granted. Michael Benedict has made application to conduct massage therapy at the YMCA. • The Police Department has conducted the necessary reviews and finds no reason to deny the application. ATTACHMENTS: • License application and memo from the Police Department enclosed without page number. Agenda Information Memo July 5, 2000 Eagan City Council Meeting M. ON -SALE WINE AND BEER LICENSE FOR THE RESTAURANT COMPANY, DBA PERKINS RESTAURANT & BAKERY ACTION TO BE CONSIDERED: To approve a wine and beer license for The Restaurant Company, dba Perkins Restaurant & Bakery, 1345 Town Centre Drive. FACTS: • The Restaurant Company has applied for a wine and beer license with the City of Eagan. The Restaurant Company is the corporation that owns and operates Perkins Restaurant & Bakery located at 1345 Town Centre Drive. • Perkins has already obtained a wine and beer license for their location in Bloomington, Minnesota. • The Restaurant Company is 70% owned by Donald N. Smith of Barrington Hills, Illinois. • The Restaurant Company has submitted the required documents, which have been reviewed and deemed in order by City staff. The police have conducted an investigation and do not find any reason to deny the applicant the on -sale wine and beer license. ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo July 5, 2000 Eagan City Council Meeting X A• CITY CODE AMENDMENT (PROPERTY MAINTENANCE) CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Amendment to various chapters of the City Code addressing exterior property maintenance requirements and direct the City Attorney to prepare an amendment suitable for publication. FACTS: > This item was previously considered by the City Council at the July 20, 2000 regular meeting. At the meeting, the Council directed staff to make a one revision as summarized below: Section 10.01 Subd. 2.D — Refuse storage requirements changed to stipulate that storage containers for garbage refuse and recycables shall be permitted at the curb or other collection point from 6:00 p.m. of the night of the preceding collection day until 6:00 a.m. on the day after the designated collection day Presently, the Code stipulates that containers may be permitted at the curb until 10:00 p.m. on the designated collection day. > The amendment shall be in effect upon its publication. ATTACHMENTS (1) Revised Draft City Code Amendment, pages TO through Revised 6/29/00 PROPOSED PROPERTY MAINTENANCE RELATED CODE MODIFICATIONS Section 6.37 Subd 1.B ("other refuse" definition) Change "other refuse" reference to "refuse". B. Refuse means ashes, nonrecyclable glass, crockery, cans, paper, boxes, rags and similar nonputrescible wastes (does not decay or have foul odor), construction or demolition debris, and wood except when stored as firewood in compliance with section 11.10 Subd. 32.C. Section 6.37 Subd. 2 (License required) Change "other refuse" reference to "refuse". Subd. 2. License required. It is unlawful for any person to haul garbage, refuse, recyclables, yard waste or food waste, without a license therefor from the city, or to haul garbage, refuse, or recyclables, yard waste or food waste from his own residence or business property other than herein excepted. For purposes of this section, a license shall be required for hauling construction or demolition debris only in cases of hauling for hire or with a motor vehicle that has a hauling capacity of four cubic yards or greater. Section 6.37 Subd. 3 (Exception) Change "other refuse" reference to "refuse". Subd. 3. Exception. Nothing in this section shall prevent persons from hauling garbage, refuse, recyclables, yard wastes or food wastes from their own residences or business properties provided the following rules are observed: (1) that all garbage is hauled in containers that are watertight on all sides and the bottom and with tightfitting covers on top, (2) that all refuse, recyclables, yard wastes and food wastes are hauled in vehicles with leakproof bodies and completely covered or enclosed by canvas or other means or material so as to completely eliminate the possibility of loss of cargo, (3) that all garbage and refuse shall be dumped or unloaded only at a licensed solid waste facility or county -designated facility, (4) that recyclables may be disposed of at a recycling facility, an organized recyclable drive or through a licensed recyclable hauler, (5) that yard wastes may be composted privately or be disposed of at a composting facility or through a licensed refuse hauler or recyclable hauler, and (6) that food wastes may be disposed of at a food waste composting facility or processing facility or through a licensed food waste hauler. Section 7.08 Subd. 1.D (Trees and shrubs in public places and street rights-of-way) Change to apply to private as well as public streets. D. The placement of trees and shrubs in public places and street rights-of-way and alongside private streets serving more than twenty (20) units shall be in compliance with the following city standards: 1. Trees shall not be planted within ten (10) feet, horizontally, of any sewer line, water line or driveway or within four (4) feet of any public trail or sidewalk. Revised 6/29/00 2. The placement of trees and shrubs within public rights-of-way and within ten (10) feet of private streets shall not disturb any ground within two (2) feet, horizontally, of any gas lines, electric lines, phone lines, or cable television lines, except in those specific cases where utility easements provide for wider setback requirements. 3. Any new trees planted within a public street right-of-way or alongside a private street shall be spaced no closer than twenty (20) feet apart and must be at least ten (10) feet from the back of curb in an urban section or twenty (20) feet from the edge of pavement in a rural section. 4. Trees, shrubbery, and other plant material shall not be planted or maintained, on public or private property, in such a manner as to obscure or impede the visual sight lines required to ensure the safe and efficient circulation of vehicles and pedestrians on streets, intersections, trails, and sidewalks. Trees, shrubbery or other plant material shall not be planted as to block the visibility of any regulatory, warning, or street identification sign or block the illumination of streetlights. The City shall have the authority to determine the minimal amount of required setback and clear zones in such circumstances. Property owners in violation of said requirements shall be given written notice, which notice shall be given by mail to their last known address, to remove, relocate, or trim all related plant materials in compliance with the directives given therein. If any owner or occupant fails to assume the responsibility of these requirements, the City may proceed to order the work done in accordance with subdivisions 5 and 6 of this section. 5. Overhanging branches of all deciduous trees, planted within public street rights-of- way and within ten (10) feet of private streets shall, at the time of maturity, be at least thirteen and one half (13 %2) feet above street surfaces and at least eight (8) feet above the ground for all other public places. This requirement includes trees that are planted on private property, but overhang within public areas or rights-of-way. 6. The City may establish a master plan for street tree planting. The plan shall identify those streets that have been designated by the Council for the planting of said boulevard trees. In accordance with the master plan, responsibility for the planting and maintenance of boulevard trees shall be the responsibility of the City, except for new subdivisions where the developer shall be responsible for planting boulevard trees. The planting and maintenance of trees within public residential street rights-of- way, not included in the City's master street tree planting plan, shall be the responsibility of the abutting property owners. In such cases, the property owner shall first obtain, from the City Forester, a written permit to plant, in accordance with the requirements of this subdivision. Section 9.10 Subd. 7 (Commercial/large vehicle parking) Omit reference to "commercial vehicle". Subd. 7. It is unlawful to park any vehicle in excess of nine thousand (9,000) pounds gross vehicle weight upon any residential street for a continuous period of more than six (6) hours. 2 Y9 Revised 6/29/00 Section 10.01 Subd. 1.B ("other refuse" definition) Change "other refuse" reference to "refuse". B. Refuse means ashes, nonrecyclable glass, crockery, cans, paper, boxes, rags and similar nonputrescible wastes (does not decay or have foul odor), and construction or demolition debris, and wood except when stored as firewood in compliance with section 11.10 Subd. 32.C. Section 10.01 Subd. 2.A through D (Refuse storage requirements) Change "other refuse" reference to "refuse". A. It is unlawful for any person to store garbage or refuse on residential dwelling premises for more than one (1) week. All such storage shall be in watertight, metal or plastic containers of not less than five (5) gallons with tightfitting covers, which shall be maintained in a clean and sanitary condition; provided, that yard waste may be stored in biodegradable bags, and tree limbs must be stored in watertight, metal or plastic containers of not less than five (5) gallons with tightfitting covers or closable plastic or paper bags, and tree limbs must be stored in bundles weighing no more than sixty (60) pounds and no longer than four (4) feet. B. It is unlawful for any person to store garbage or refuse or recyclables on multiple dwelling premises for more than one (1) week. Such storage shall be in containers as for residential dwelling premises, except that so called "dumpsters" with close fitting covers may be substituted. C. It is unlawful for any person to store garbage or refuse on commercial establishment premises for more than one (1) week, or for a shorter period when collection must be made at more frequent intervals to protect the public health or at the direction of the City. It is unlawful for any person to store recyclables on commercial establishment premises for more than one (1) week. Such storage shall be in containers as for residential dwelling premises, except that so called "dumpsters" with closefitting covers may be substituted. D. In residential dwelling areas, storage containers for garbage, refuse and recyclables shall be permitted at the curb or other collection point from 6:00 p.m. of the night preceding collection day until 10:00 p.m 6:00 a.m. on the day after designated collection day. At all other times, such containers must be stored inside the dwelling unit or garage or at a point behind the front of the dwelling unit or garage. Section 10.21 Subd. 2.D.1 (Turfgrass maintenance standards) Change maximum allowable turgrass height from six to eight inches. 1. All vegetation shall not exceed a height of eight (8) inches, measured from the base at ground level to the tip of each stalk, stem, blade or leaf. 3 so Revised 6/29/00 Section 10.53 (Property maintenance requirements) Add new section addressing exterior property maintenance including firewood storage. Subd. 1. Building Appearance and Maintenance Requirements: A. Any building or structure other than accessory buildings on farms is a public nuisance if its exterior does not comply with the following requirements: 1. An owner, lessee, or occupant of property or a dwelling may not allow the accumulation of dirt or filth on the exterior premises occupied or controlled in a manner that could create a health hazard to the dwelling occupants or the general public. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. 2. No part of any exterior surface shall have deterioration, holes, breaks, gaps, or loose or rotting siding. All exterior surfaces including, but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in a good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. 3. Every exterior surface which has had a surface finished, such as paint, applied shall be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface shall have peeling, cracked, chipped, or otherwise deteriorated surface finish on more than twenty percent (20%) of: a. Any one wall or other flat surface; b. All door and window moldings, eaves, gutters, and similar projections on any one side or surface. 4. Every window, exterior light fixture, skylight, door and frame shall be kept in sound condition, good repair, weather tight, and shall be maintained free from cracks and holes. 5. All cornices, moldings, decorative features, lintels, sills, bay or dormer windows, and similar projections shall be kept in good repair and free from cracks and defects which make them hazardous or unsightly. 6. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. 7. Roof structures, including but not limited to drains, gutters, and downspouts shall be maintained in good repair. All roof drainage systems shall be attached securely. 4 si Revised 6/29/00 8. Chimney, antennae, air vents, and other similar projections shall be structurally sound and in good repair. Such projections shall be attached securely, where applicable, to an exterior wall or roof. 9. Retaining walls shall be structurally sound and in good repair. 10. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a sound state of repair and maintained free from hazardous conditions. 11. All foundation walls shall be maintained so as to prevent the entry of rodents. 12. Every exterior stairway, ramp, deck, porch, balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, anchored and capable of supporting the imposed loads. 13. Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Subd. 2. Exterior Property Public Health and Safety Requirements A. Any building or structure in the City which is found by an authorized employee or agent of the City to be dangerous to public safety, health or property by reason of the following is hereby declared to be a public nuisance: 1. Damage by fire; 2. Defective chimneys or stovepipes; 3. Dilapidated condition or decay; 4. Defective electrical wiring; 5. Defective gas installations; 6. Defective heating apparatus; 7. Defective sewage disposal system; 8. Defective plumbing, or; 9. Any other defect endangering the public safety, health, or other property. B. Any building or other structure which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, or which lacks provisions for basic illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, or welfare of the occupants or of the public, may be declared unfit for human habitation. C. Whenever any building has been declared unfit for human habitation, an authorized employee or agent of the City shall order same vacated within a reasonable time and shall post a placard on the property which shall: a) be in writing, b) include a description of the property sufficient for identification, c) include a statement of a reason or reasons why it is being issued, d) include a description of the repairs and improvements required to bring the dwelling into compliance with the provisions of this Chapter, and e) include a statement of time allowed to correct the violations. S� Revised 6/29/00 Subd. 3. Firewood Storage. Firewood shall be stored in accord with the following: A. Wood shall be stored or kept in neat and secure stacks (maximum of four (4) stacks), each of which shall be no higher than five (5) feet, with the combined wood stacks not exceeding a volume equal to five (5) feet high by ten (10) feet wide by twenty (20) feet long. The wood stacks shall be elevated at least four (4) inches above grade. B. Unless screened by a solid fence or wall, stacks shall not be closer than five (5) feet to the property line. C. The wood stacks shall not be infested with rats, rodents, vermin, or insects. D. The wood shall not be stored or kept in the front yard or yard that is commonly considered the front yard of any lot. E. Fallen trees may be stored for up to thirty (30) days. F. No wood stored outside shall be located within five (5) feet of an inhabited building or structure. For the purpose of this subdivision, an attached or detached garage shall not be considered an inhabited building or structure. Section 11.10 Subd. 19.E (Parking limitations on large vehicles) Delete the section in its entirety. Section 11.10 Subd. 20 (Fence requirements) Change to 1) prohibit barbed wire fences in residential zoning districts 2) require the "finished" side of the fence to face outward; 3) establish a maximum fence height of forty two inches in the front yards of residentially zoned property; and 4) allow fence heights of up to eight feet in industrial zoning districts. A. Construction and maintenance. 1. Every boundary line fence shall be maintained in a condition of reasonable repair and shall not be allowed to become a public or private nuisance. 2. Above ground, electric boundary fences shall be permitted only in the Agriculture (A) district when the property is an active farm. 3. The finished side of all fences shall face away from the fence owner's lot. B. Residential district fences. In all parts of the City zoned residential, boundary fences shall be subject to the following requirements: 1. Fences on all corner lots erected within thirty (30) feet of the intersecting curb line shall be subject to traffic visibility requirements (see subdivision 7 of this section). S3 Revised 6/29/00 2. In side or rear yards, fences shall not exceed a maximum height of six (6) feet. 3. In front yards, fences shall not exceed forty two (42) inches in height. 4. Barbed wire fences shall be permitted only in non-residential zoning districts. C. Business and industrial fences. Property line fences within all business and industrial districts shall not exceed eight (8) feet in height, except by conditional use permit. 7 Sy Agenda Information Memo July 5, 2000 Eagan City Council Meeting $.0. CITY CODE AMENDMENT (ACCESSORY BUILDINGS) CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Amendment to Chapter 11 (Zoning Regulations) of the City Code addressing accessory building requirements and direct the City Attorney to prepare an amendment suitable for publication. FACTS: ➢ This item was previously considered by the City Council at the July 20, 2000 regular meeting. At the meeting, the Council directed staff to make a number of revisions as summarized below: Section 11.10 Subd. 5.E.2 - Minimum interior wall setback of swimming pools (to rear or side property lines) changed from ten to five feet. Section 11.10 Subd. 6.E.3 - Allowed rear yard encroachment of recreational equipment and clothes lines, arbors and trellises, gazeboes, breezeways, detached accessory buildings, air conditioning or heating equipment changed from ten to five feet from the rear property line. Section 11.20 Subd.6.A - Rear yard setback for garages or accessory structures in all residential zoning districts changed from ten to five feet. ➢ The amendment shall be in effect upon its publication. ATTACHMENTS (1) Revised Draft City Code Amendment, pages ...cg through SS Revised 6/29/00 PROPOSED ACCESSORY BUILDING RELATED CODE MODIFICATIONS Section 11.03 (definitions) Add the following definitions: Accessory Building means an accessory structure detached from the principal structure, having a roof and walls to provide weather protection. This includes detached garages, storage sheds, gazebos and similar structures. A carport attached to an accessory building is considered part of that accessory building. Accessory Use means a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use Deck means a horizontal, unenclosed platform with a structural framing support system, attached or functionally related to a principal use or dwelling. A deck may include attached railings, seats, trellises, or other features. Garage, Private means an accessory building (detached) or use (attached) designed primarily for the storage of personal motor vehicles. Height of Building or Structure means the vertical distance measured from the average elevation of the highest and lowest points within a five (5) foot horizontal distance from the exterior building foundation to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitched or hipped roof. Patio means a recreation area that adjoins a dwelling at grade level, is often paved, and is typically designed especially for outdoor dining. Porch means a portion of a principal structure with a roof to provide weather protection, but not intended for year round use or habitation. Swimming Pool, Outdoor means any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing used in connection with a single- family dwelling and having a depth of more than twenty four (24) inches at any point and a surface area exceeding one hundred fifty (150) square feet. S6 Revised 6/21/00 Section 11.03 (definitions) Delete the following definitions: Accessory use or structure means a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Building height means the vertical distance above "grade," as herein defined, to the highest point of a flat roof or a mansard roof or to the highest gable of a pitched or hipped roof. Section 11.10 Subd. 5 (Accessory Buildings, structures and uses) Amend to read as follows: A. General Standards. 1. No accessory building or structure other than a fence or a temporary construction office shall be permitted on any lot in a residential zoning district prior to the time of construction of the principal building to which it is accessory, except a residential garage, which prior to the construction of a residence can be used only for storage purposes pertaining to and until the completion of the main structure. 2. Accessory buildings greater than one hundred fifty (150) square feet in size shall exhibit finish materials similar and compatible to those utilized on the principal building and match the principal building in color. 3. Accessory buildings shall be maintained in a manner that is compatible with adjacent uses and does not present a hazard to public health, safety and general welfare. B. Agricultural Uses. Buildings and structures accessory to farming operations are exempt from the requirements of this subdivision except that a building containing more than two (2) animal units shall not be less than fifty (50) feet from a lot line. C. Detached Single Family Uses. 1. No accessory use, building, or equipment shall be allowed within a required front yard setback. With the exception of an attached garage, no accessory building, structure or equipment may be placed within a front yard. 2. No building permit shall be issued for more than two (2) detached accessory structures for each single family dwelling, except by conditional use permit. 3. No accessory building shall exceed the size of the principal structure. 4. Accessory buildings greater than one hundred fifty (150) square feet in size shall comply with the following setbacks: 2 s7 Revised 6/21/00 From side yard Interior 5 feet Corner 30 feet From rear yard 5 feet 5. The total floor area of a detached accessory building and any attached garage shall not exceed one thousand one hundred (1,100) square feet, except by conditional use permit. 6. No accessory building or structure shall exceed sixteen (16) feet in height. D. Other Uses. 1. Buildings and structures accessory to uses other than farms and single family detached dwellings shall conform to the principal building setback requirements specified for the respective zoning district in which they are located. 2. Buildings and structures accessory to uses other than farms and single family detached dwellings shall not exceed the district height limit or the height of the principal building, whichever is less, except as otherwise allowed by this chapter. E. Swimming Pools. 1. The interior vertical wall of swimming pools shall not be closer than tet (4$) five 05) feet to any side or rear lot line. 2. No swimming pool shall be located beneath or within ten (10) feet of any overhead utility lines or over any underground utility lines. 3. All outdoor swimming pools shall be completely enclosed by a security fence or wall at least four (4) but not more than six (6) feet high and located at least four (4) feet from the edge of the pool. The bottom of the fence or wall shall be no higher than four (4) inches above the surface of the ground. Fence openings or points of entry to the pool area shall be equipped with self-closing and self - latching lockable gates: 4. No swimming pool shall be used, kept, maintained or operated in such a manner as to constitute a nuisance or as to be hazardous to health, life or property. All swimming pools shall have and operate adequate equipment to filter and otherwise keep the water clean and free from contamination. F. Conditional Use Permits. Application for a conditional use permit under this subdivision shall be regulated by Section 11.40 Subd. 4 of this Chapter. Such a conditional use permit may be granted provided that: 3 Revised 6/21/00 1. There is a demonstrated need and potential for continued use of the structure and the purpose stated. 2. In the case of residential uses, no commercial or home occupation activities are conducted within the accessory building or attached garage. 3. The building has an evident re -use or function related to the principal use. 4. The provisions of 11.40 Subd. 4.0 of this chapter shall be considered and a determination is made that the proposed activity is in compliance with such criteria. Section 11.10 Subd. 6 (Required Yards and Open Space) Add Subd. E. to read as follows: E. The following shall not be considered as encroachments on required yard setbacks: 1. Air conditioning or heating equipment, chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and similar features, provided they do not project more than thirty (30) inches into the required yard. 2. . Decks, patios, balconies, stoops, or other similar features provided they do not extend more than thirty (30) inches above the finished grade and a distance greater than eight (8) feet into a required front yard, five (5) feet into a required side yard and five (5) feet into a required rear yard and provided they do not encroach upon a public easement. 3. In rear yards, recreational equipment and clothes lines, arbors and trellises, gazebos, breezeways, detached accessory buildings, air conditioning or heating equipment may encroach to a point not less than t (4-0-) five (5) feet from the rear lot line. Section 11.20 Subd. 6.A (Minimum area, setback, and height requirements for residential uses) Amend to read as follows: A. The following table sets forth the minimum area, setback, and height requirements for residential uses: 4 sy Revised 6/29/00 Minimum Area, Setback and Height Regulations - Residential Maximum Height Limitations y N 0 a.+ rn N 2Y2 stories 2'/: stories 3 stories Rear yard Setback Garage or Accessory Structure* in inl inl rnl inl Cell •O � 3 A =I p) O O in OM b en Side yard Setback Garage or Accessory Structure to e«. T �pTo A b M O M C G O M C M Front Yard or Setback Along Public Street O M OO M M O M 30' O ./•1 Z b w 0 300' 0 o 0 Lot Area 5 -ac. per dwelling unit 20,000 sq. ft., 1 ac. w/o municipal sewer & water 12,000 sq. ft., 1 ac. w/o municipal sewer & water 6- 8 0 6,000 sq. ft. per unit See Sec. 11.20, Subd. 6-B See Sec. 4.40 of City Code Chapter 4 Shall be constructed according to the standards in R-1, R-2, R-3, or R-4 district, depending upon the design of the proposed development. Use District 1- .IR .5. Estate Single family d Townhouse 1 bo 12 c a= ;,73 Mobile Homes Manufactured Homes 0 a, Q m a oG oG ri a 60 * Buildings 150 sq. ft. and under — 5 ft. from rear property line Agenda Information Memo July 5, 2000 PUBLIC HEARINGS A. KINGSWOOD PONDS 1ST ADDITION (LOT 5, BLOCK 2) EASEMENT VACATION ACTION TO BE CONSIDERED: To approve the vacation of a portion of a public drainage and utility easement within Kingswood Ponds 1st Addition, and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • On May 10, 2000, City staff received a request from Rollin Crawford, LeVander, Gillen and Miller, P.A., representing Douglas May, property owner, to vacate a portion of a public drainage and utility easement within Lot 5, Block 2, Kingswood Ponds 1 st Addition. • On June 5 the City Council received the petition for this vacation, and set a public hearing for July 5 to consider vacating said drainage and utility easement. • The 18' wide drainage and utility easement was originally dedicated to the City as part of the Kingswood Ponds development. A storm sewer pipe was constructed along the adjacent property line. • The purpose of the request is to allow Mr. May to construct a new house. The configuration of the proposed house would encroach upon the existing drainage and utility easement. The portion of the easement proposed to be vacated is not required for maintenance of the existing storm sewer pipe. • The request would vacate an 8' wide portion of the existing easement needed to construct the new house. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location map, page 6.2 • Proposed Easement Vacation, page 6 . 61 YANKEE DOODLE ROAD KNOB ROAD PROMENADE PL. J OLEA LAK ROAD VIOLET LANE FERE: CT. DENMARK K CT. E. f LACKHAWK ROAD CI c DEERCLJFF l' WINDCREST \aC Nq PL. LN. DONEGAL CT. Gv` AVE. 4�� CRESTVIEW 'Py 6'719 e i PROJECT LOCATION M RPHY DEERWOOD DRIVE HOSFO HILLS DR. 7�p A/ O 'O DIFFLEY ROAD I g: C RRY¢ J L i •4.LN: m ?J EASTER § fl I I 11 G: VACATIONS/KWOODPONDS2,5 r KNOLL 1 MAY 13, 2000 City of Eagan EASEMENT VACATION LOCATION PLAN Lot 5. Block 2. KINGSWOOD PONDS FIGURE 2 ‘02 City of Eagan EASEMENT VACATION Lot 5, Block 2, KINGSWOOD PONDS May 12. 2000 63 Agenda Information Memo July 5, 2000 B. PROJECT 785, CITY-WIDE TRAIL & SIDEWALK IMPROVEMENTS ACTION TO BE CONSIDERED: 1) To approve Project 785 (City-wide Trail and Sidewalk Improvements) and detailed plans and specifications, 2) to authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, July 27, 2000, and 3) to approve a Limited Use Permit with the Minnesota Department of Transportation and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • On April 6, 1999, the mayor received signatures representing 21 properties in the Lexington Pointe area requesting the installation of a sidewalk along the east side of Lexington Avenue (County Road 43), between Lexington Parkway and Wilderness Run Road. • On August 16, the Advisory Parks Commission considered the placement of a trail along the east side of Lexington Avenue. The Commission voted to have background information, mapping and engineering data, provided before further consideration of the petition. • On September 20, city staff received signatures representing 61 properties in the Oak Cliff and Whispering Woods neighborhoods requesting the installation of a sidewalk along Cliff Road (County Road 32) between Slater Road and Nichols Road. • On October 5, the City Council directed staff to prepare a feasibility report addressing the scope, cost, schedule and financing of trail and sidewalk improvements on the City's trail system. • On May 16, 2000, the City Council approved the 5 -Year Capital Improvement Program (2001-2005) for the City of Eagan, including a new Trailways section, part of which were the Project 785 improvements in 2000. • A Public Hearing was scheduled for July 5 to formally present and discuss the feasibility report for Project 785 with the public. All notices have been published in the legal newspaper and sent to all adjacent property owners informing them of this public hearing. • The trail and sidewalk improvements include the installation of a new bituminous trail on the south side of Cliff Road across the Cedar Avenue Freeway (TH 77). • 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. • All of the trail and sidewalk sections included within the feasibility report would not be assessable, as the segments are along various collector type streets. The funding for these improvements would be provided by the Major Street Fund and Dakota County (45% City, 55% County along County Roads). ATTACHMENTS: p� • Feasibility Report, pages throw h 0 7 . • Letters from Property Owners, pages 8'S through /D 0 . 6y City of Eagan Report for Citywide Trail/ Sidewalk Improvements City Project No. 785 Eagan, Minnesota June 2000 city of cagan June 20, 2000 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Citywide Trail Improvements City Project No. 785 Dear Mayor and City Council: PATRICIA E. AWADA Mayor PAULBAKKEN BEA BLOMQUIST PEGGY A. CARLSON SANDRA A. MASIN Council Members THOMAS HEDGES City Administrator Attached is our report for the Citywide Trail Improvements, City Project No. 785. The report presents and discusses the proposed improvements and includes a cost estimate and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, John P. Gorder Assistant City Engineer Reviewed By: Dept. of Publ Works Reviewed By MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (651) 681-4600 FAX: (651)681-4612 TDD: (651) 454-8535 Finance Dept. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date: - 2o- OD Reg. No. 22813 Date: f — 2 9 - 00 Date: & 471) THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity Employer www.cttyofeopan.com MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (651)681-4300 FAX: (651)681-4360 TDD: (651) 454-8535 TABLE OF CONTENTS Letter of Transmittal/Certification Page Table of Contents Scope 1 Feasibility and Recommendations 1 Discussion 2 Easements and Permits 3 Cost Estimate 4 Revenue Source 5 Project Schedule 6 List of Appendices Appendix - Preliminary Cost Estimates List of Figures Figures 1, 2, 3 - Location Maps —Trail Improvements. Figure 4 —Proposed Typical Sections Figure 5 — Pedestrian Curb Ramps CITYWIDE TRAIL IMPROVEMENTS EAGAN, MN PROJECT NO. 785 Scope This project provides for an intermediate step in the completion and interconnection of the trail system along collector and arterial roadways throughout the City, in accordance with the City's Master Trail System Plan. The project includes the construction of 8 or 10 -foot wide bituminous trail segments as well as for the bituminous maintenance overlay of various existing trail segments adjacent to minor and major collector streets throughout the City. It also provides for the removal and replacement of various pedestrian curb ramps along the current Winter Sidewalk/ Trail Maintenance Plan plowing route that do not meet present City standards to allow for easier snow removal maintenance. No assessments are proposed to be levied under the project. Trail dedication fees are collected at the time of development to allow for construction and maintenance of trails/sidewalks within the city. Feasibility and Recommendation This project is necessary to provide safe and continuous pedestrian circulation along City streets, extend the life expectancy of existing bituminous trails, and allow for more efficient snow and ice removal on the existing trail system. This project is cost-effective in that several portions of the needed trail/ sidewalk system segments will be constructed and existing trail segments re -surfaced under one contract to increase economies of scale. This project is feasible from an engineering standpoint and is in accordance with the City's Master Trail Plan. Discussion This project provides for the construction or maintenance overlay of 8 or 10 -foot wide bituminous trails with a minimum 8 -foot boulevard green space, where possible, adjacent to the following streets (as shown on Figures 1, 2 & 3): 8 -Foot Bituminous Trail • Blackhawk Hills Road — North side (Blackhawk Lake Drive to 600 feet west) - 450 feet • Federal Drive — West Side (Yankee Doodle Road to Blackhawk Lake Drive) — 3,300 feet • Northview Park Road — North side (150 feet west of Trotters Ridge to North Ridge Drive) - 770 feet • Ashbury Road (SW comer of Ashbury & Birch Pond Road) — 75 feet • Wescott Hills Drive to Wescott Woodlands — 800 feet • Murphy Parkway — West side (Deerwood Drive to Blackhawk Park entrance) —1,240 feet • Lexington Pointe Parkway — North side (Lexington Avenue to 250 feet east) — 250 feet Subtotal = 6,885 feet (1.3 miles) 10 -Foot Bituminous Trails • Lexington Avenue — East side ( Patrick Road to Wilderness Run Road) — 2700 feet • Cliff Road — South side (Slater Road to Nicols Road) — 1200 feet. Subtotal = 3,900 feet (0.74 miles) Note: The current standard for bituminous trails along Dakota County roadways is 10 feet. Bituminous Trail Overlays • Pilot Knob Road — West side (I-494 to Marice Drive)- 6,970 feet • Lexington Avenue — West side (Diffley Road to Cliff Road) — 5330 feet • Lexington Avenue — East side (Diffley Road to Patrick Road) — 720 feet • Wilderness Run Road — North side (PilotKnob Road to Lexington Avenue) — 6065 feet • Galaxie Avenue — East side (Cliff Road to Eagan/ Apple Valley border) — 8,600 feet • Federal Drive — West side (Royal Oaks Apartments to Violet Lane) - 720 feet • Northview Park Road — North side (Trotter's Ridge to 150 feet west) - 150 feet Subtotal = 55,290 feet (10.5 miles) The City detail plate showing the typical section for trail construction is shown on Figure 4. The following intersection pedestrian curb ramps will be removed and replaced with curb ramps in accordance with current City standards by widening the amount of flat curb adjacent to the sidewalk/trail to 8 feet in width: Pedestrian Curb Ramps R & R • Pilot Knob Road intersections (I-494 to Marice Drive) — 14 ped ramps • Lexington Avenue intersections (Diffley Rd. to Cliff Rd.) — 14 ped ramps • Wilderness Run Road (Pilot Knob Rd. to Lexington Ave.) — 10 ped ramps • Galaxie Avenue (Cliff Rd. to Eagan/ Apple Valley border) — 10 ped ramps Total = 48 This widening will allow the trail maintenance machinery, which is equipped to work at an 8 -foot width, more efficient removal of snow and ice at the curb ramps where the trail meets the intersecting street. The standard detail for pedestrian curb ramps is shown on Figure 5. Easements and Permits All of the proposed work with this project will take place within existing City, County or MnDOT right-of-way of the respective streets. Permit approval from Dakota County will be required to construct the proposed trails and overlay the existing trails within County Road right- of-way. Permit approval from MnDOT will be required to construct the proposed trail on Cliff Road over Highway 77 (Cedar Avenue). Cost Estimate A detailed cost estimate for this project is provided in Appendix A. The total estimated project costs are based on anticipated 2000 construction costs and include a 10 percent contingency and indirect costs of 15 percent which include legal, administrative, engineering and bond interest. The following is a summary of the costs: 8 -Foot Bituminous Trail Blackhawk Hills Road $11,900 Federal Drive $89,310 Ashbury Road $3,520 Northview Park Road $16,930 Wescott Woodlands $36,550 Murphy Parkway $33,930 Lexington Pointe Parkway $6,380 10 -Foot Bituminous Trail Lexington Avenue $76,390 Cliff Road $52,560 Bituminous Overlays Pilot Knob Road $28,830 Lexington Avenue -west $22,020 Lexington Avenue — east $4,180 Wilderness Run Road $29,410 Galaxie Avenue $32,230 Federal Drive $4,180 Northview Park Road $1,470 Remove & Replace Ped Ramps $70,920 Total $520,710 Revenue Source All project costs associated with trail construction/ maintenance and pedestrian ramp removal and replacement on City streets would be the responsibility of the City's Major Street Fund. Project costs associated with trail/ sidewalk construction and maintenance on County Roads would be split 55% - Dakota County and 45% - City in accordance with standing agreements for County bikeways and trails between Dakota County and the City of Eagan. 8 -Foot Bituminous Trail _UV Dakota Co. Total Blackhawk Hills Road $11,900 -- $11,900 Federal Drive $89,310 -- $89,310 Ashbury Road $3,520 -- $3,520 Northview Park Road $16,930 $16,930 Wescott Woodlands $36,550 $36,550 Murphy Parkway $33,930 $33,930 Lexington Pointe Parkway $6,380 $6,380 10 -Foot Bituminous Trail Lexington Avenue $34,370 $42,020 $76,390 Cliff Road $23,650 $28,910 $52,560 Bituminous Overlays Pilot Knob Road $12,970 $15,860 $28,830 Lexington Avenue -west $9,910 $12,110 $22,020 Lexington Avenue -east $1,880 $2,300 $4,180 Wilderness Run Road $29,410 -- $29,410 Galaxie Avenue $32,230 $32,230 Federal Drive $4,180 $4,180 Northview Park Road $1,470 $1,470 Remove & Replace Ped Ramps $48,170 $22350 $70,920 TOTALS $398,140 $122,570 $520,710 Project Schedule Present Feasibility Report July 5, 2000 Approve Plans and Specs/ Order Ad for Bids July 5, 2000 Award Contract August 1, 2000 Substantial Completion November 1, 2000 APPENDIX A CITYWIDE TRAIL/ SIDEWALK IMPROVEMENTS CITY PROJECT NO. 785 PRELIMINARY COST ESTIMATE I. Blackhawk Hills Rd. — 8 ft. Bituminous trail(450 ft) Unit Total Item Qty. Unit Price Price Traffic control - 1 L.S. $500 $500 Common excavation 130 C.Y. $8 $1,040 2" Bituminous Wear Course 300 S.Y. $6.75 $2,030 6" Class V Base 180 TN $15.50 $2,790 Remove & Repl. Conc. C&G(Ped Ramps) 40 L.F. $40 $1,600 Sod w/ 4" topsoil 300 S.Y $4 $1,200 Adjust Manhole 1 EA $250 $250 II. Federal Drive — 8 ft. Bituminous trail (3300 ft) Item Qty. Subtotal $9,410 +10% Contingency $940 Subtotal $10,350 +15% Indirect Costs 1,550 Total $11,900 Unit Total Unit Price Price Traffic control 1 L.S. $1,000 $1,000 Clear & grub tree 4 EA. $300 $1,200 Adjust Valve Box 2 EA $200 $400 Common excavation 1,100 C.Y. $8 $8,800 2" Bituminous Wear Course 3,000 S.Y. $6.75 $20,250 6" Class V Base 1,300 TN $15.50 $20,150 Remove & Repl. Conc. C&G (P.R.) 240 L.F. $40 $9,600 Sod w/ 4" topsoil 2,300 S.Y. $4 $9,200 Subtotal $70,600 +10% Contingency $7,060 Subtotal $77,660 +15% Indirect Costs 11,650 Total $89,310 7r 7 III. Ashbury Rd. — 8 ft. Bituminous Trail (75 ft) Unit Total Item Qty. Unit Price Price Traffic control 1 L.S. $200 $200 Common excavation 15 C.Y. $8.00 $120 2" Bituminous Wear Course 70 S.Y. $6.75 $470 6" Class V Base 25 TN $15.50 $390 Remove & Repl. Conc. C&G 30 L.F. $4G $1,200 Sod w/ 4" topsoil 100 S.Y. $4.00 $400 Subtotal $2,780 +10% Contingency $280 Subtotal $3,060 +15% Indirect Costs $460 Total $3,520 IV. Northview Park Rd. — 8 ft. Bituminous Trail (770 ft) Unit Total Item Qty. Unit Price Price Traffic control 1 L.S. $600 $600 Remove & Repl. Conc. C&G 20 L.F. $40 $800 Common excavation 200 C.Y. $8.00 $1,600 2" Bituminous Wear Course 700 S.Y. $6.75 $4,730 6" Class V Base 230 TN $15.50 $3,570 Sod w/ 4" topsoil 520 S.Y $4.00 $2,080 Subtotal $13,380 +10% Contingency 1,340 Subtotal $14,720 +15% Indirect Costs $2,210 Total $16,930 V. Wescott Woodlands / Wescott Hills Dr. — 8 ft. Bituminous Trail (800 ft) Unit Total Item Ori. Unit Price Price Traffic control 1 L.S. $200 $200 Adjust Valve Box 1- EA $200 $200 Adjust Manhole 2 EA $250 $500 Rem. & Repl. Conc. C & G(P.R.) 40 L.F. $40 $1,600 Common excavation 400 C.Y. $8.00 $3,200 2" Bituminous Wear Course 700 S.Y. $6.75 $4,730 6" Class V Base 450 TN. $15.50 $6,980 Wood split rail fence 400 L.F. $20 $8,000 Sod w/ 4" topsoil 870 S.Y. $4.00 $3,480 Subtotal $28,890 +10% Contingency 2,890 Subtotal $31,780 +15% Indirect Costs $4,770 Total $36,550 VI. Murphy Parkway — 8 ft. Bituminous Trail (1,000 ft) Unit Total Item Qty. Unit Price Price Traffic control 1 L.S. $500 $500 Common excavation 330 C.Y. $8.00 $2,640 Adjust Manhole 2 EA $250 $500 2" Bituminous Wear Course 1,100 S.Y. $6.75 $7,430 6" Class V Base 500 TN $15.50 $7,750 Rem. & Repl. Conc. C & G(P.R.) 60 L.F. $40 $2,400 Sod w/ 4" topsoil 1,400 S.Y. $4.00 $5,600 7.6 9 Subtotal $26,820 +10% Contingency 2,680 Subtotal $25,500 +15% Indirect Costs $4,430 Total $33,930 VII. Lexington Pointe Parkway — 8 ft. Bituminous Trail (250 ft) Unit Total Item Qty. Unit Price Price Traffic control 1 L.S. $300 $300 . Common excavation 70 C.Y. $8.00 $560 2" Bituminous Wear Course 225 S.Y. $6.75 $1,520 6" Class V Base 100 TN $15.50 $1,550 Sod w/ 4" topsoil 280 S.Y $4.00 $1,120 Subtotal $5,050 +10% Contingency 500 Subtotal $5,550 +15% Indirect Costs $830 Total $6,380 VIII. Lexington Ave. ( East side) —10 ft. Bituminous Trail (2,100 ft) Unit Total Item Qty. Unit Price Price Traffic control 1 L.S. $1,000 $1,000 Common excavation 850 C.Y. $8.00 $6,800 2" Bituminous Wear Course 3,100 S.Y. $6.75 $20,930 6" Class V Base 1,250 TN $15.50 $19,380 Remove & Repl. C&G 100 L.F. $40 $4,000 Sod w/ 4" topsoil 1,820 S.Y $4.00 $7,280 Adjust Manhole 4 EA $250 $1,000 Subtotal $60,390 +10% Contingency $6,040 Subtotal $66,430 +15% Indirect Costs $9,960 Total $76,390 7 7° IX. Cliff Rd. —10 ft. Bituminous Trail (1,200 ft) Unit Total Item Qty. Unit Price Price Traffic control 1 L.S. $4,000 $4,000 Common excavation 440 C.Y. $10 $4,400 Remove Bituminous Pavement 150 S.Y. $10 $1,500 Bituminous Pavement Patching 150 S.Y. $15 $2,250 2" Bituminous Wear Course 1,350 S.Y. $6.75 $9,100 6" Class V Base 600 TN. $15.50 $9,300 Pavement Markings (X -walks) 1 L.S. $1,000 $1,000 Remove & Repl. Conc. C&G 50 L.F. $40 $2,000 Sod w/ 4" topsoil 2,000 S.Y. $4 $8,000 X. Pilot Knob Rd. — 8 ft. Bituminous Overlay (6,970 ft) Item Subtotal $41,550 +10% Contingency $4,150 Subtotal $45,700 +15% Indirect Costs $6,860 Total $52,560 Unit Total Qty. Unit Price Price Traffic control 1 L.S. $1,000 $1,000 1 1/2" Bituminous Wear 580 TN $29 $16,820 Tack Coat 310 GAL. $1.50 $470 Edge Mill Driveways 1 L.S. $500 $500 Remove Ex. Blvd. Overgrowth 1 L.S. $3,000 $3,000 Subtotal $22,790 +10% Contingency $2,280 Subtotal $25,070 +15% Indirect Costs $3,760 Total $28,830 78' XI. Lexington Ave. (West side) — 8 ft. Bituminous Overlay (5,330 ft) Unit Total Item Qty. Unit Price Price Traffic control 1 L.S. $1,000 $1,000 1 1/2" Bituminous Wear 450 TN $29 $13,050 Tack Coat 240 GAL. $1.50 $360 Remove Ex. Blvd. Overgrowth 1 L.S. $3,000 $3,000 Subtotal $17,410 + 10% Contingency $1,740 Subtotal $19,150 +15% Indirect Costs $2.870 Total $22,020 XII. Lexington Ave. (East side) — 8 ft. Bituminous Overlay (720 ft) Unit Total Item Qty. Unit Price Price Traffic control 1 L.S. $500 $500 1 1/2" Bituminous_ Wear 60 TN $29 $1,740 Tack Coat 40 GAL. $1.50 $60 Remove Ex. Blvd. Overgrowth 1 L.S. $1,000 $1,000 Subtotal $3,300 +10% Contingency $330 Subtotal $3,630 +15% Indirect Costs $550 Total $4,180 29" XIII. Wilderness Run Rd. — 8 ft. Bituminous Overlay (7,330 ft) Item Qty. Unit Unit Total Price Price Traffic control 1 L.S. $1,000 $1,000 1 1/2" Bituminous Wear 500 TN $29 • $14,500 Tack Coat 240 GAL. $1.50 $360 Edge Mill Driveways 1 L.S. $300 $300 Remove Ex. Blvd. Overgrowth 1 L.S. $3,000 $3.000 Subtotal $19,160 +10% Contingency $1,960 Subtotal $21,080 +15% Indirect Costs $3,160 Total $29,410 XIV. Galaxie Avenue. — 8 ft. Bituminous Overlay (8,600 ft) Item Unit Total Qty. Unit Price Price Traffic control 1 L.S. $500 $500 1 1/2" Bituminous Wear 720 TN $29 $20,880 Tack Coat 400 GAL. $1.50 $600 Edge Mill Driveways 1 L.S. $500 $500 Remove Ex. Blvd. Undergrowth 1 L.S. $3,000 $3,000 Subtotal $25,480 +10% Contingency $2,550 Subtotal $28,030 +15% Indirect Costs $4,200 Total $32,230 XV. Federal Drive (West side) — 8 ft. Bituminous Overlay (720 RI Unit Total Item Qty. Unit Price Price Traffic control 1 L.S. $500 $500 1 1/2" Bituminous Wear 60 TN $29 $1,740 Tack Coat 40 GAL. $1.50 $60 Remove Ex. Blvd. Overgrowth 1 L.S. $1,000 $1,000 Subtotal $3,300 +10% Contingency $330 Subtotal $3,630 +15% Indirect Costs $550 Total $4,180 XVI. Northview Park Road (North side) — 8 ft. Bituminous Overlay (150 ft) Item Unit Total Qty. Unit Price Price Traffic control 1 L.S. $100 $100 1 1/2" Bituminous Wear 15 TN $29 $440 Tack Coat 10 GAL. $1.50 $20 Remove Ex. Blvd. Overgrowth 1 L.S. $500 $500 Subtotal $1,160 +10% Contingency $120 Subtotal $1,280 +15% Indirect Costs $190 Total $1,470 XVII. Pedestrian Ramp Removal & Replacement (48 Ped Ramps) Item Oty. Unit Price Price Traffic control 1 L.S. $1,000 $1,000 Remove & Repl. Conc. C&G 1,260 L.F. $40 $50,400 Remove Trail Pavement 500 S.Y. $10 $5,000 Bituminous Patching 50 TN $65 $3,250 • Sod w/ 4" topsoil 290 S.Y. $4 $1,160 Subtotal $60,810 +10% Contingency $6,080 Subtotal $60,890 +15% Indirect Costs $10,030 Total $70,920 Total Project Cost $520,710 15 YANKEE DOODLE ROAD ASHBURY CONSTRUCT BITUMINOUS TRAIL � I 24r LEGEND CONSTRUCT 8' OR 10' BITUMINOUS TRAIL a - ■ BITUMINOUS TRAIL OVERLAY GPROJDRAWINGS/785_SDWK_TRAILS/TRAILS_FIGI CITY OF EAGAN CI SIDEWALK / TRAIL IMPROVEMENTS CITY PROJECT 785 LOCATION MAP Figure 1 LEGEND CONSTRUCT 8' OR 10' BITUMINOUS TRAIL N - BITUMINOUS 'TRAIL OVERLAY G'ENG/PROJ DRAVINGS/765_SDVK_TLS/TRAILS FIG2 CITYWIDE SIDEWALK / TRAIL IMPROVEMENTS CITY PROJECT 785 LOCATION MAP Figure 2 Sy CLIFF((Rf 1 3CP J 0 0 0 cc RD. V' t u3u u iLl r 0i) i),Av//'S 10 G: PR OJECTDR AWINGS/785_SDWKS_/FIG3 C:;‘ • City of Eagan APPLE VALLEY -ME-1M VIII MEI tivA ROAD 1 LN. G• • i II � • xlyyS LEBAN NAy ?ARK REGIO CONSTRUCT 10' BITUMINOUS TRAIL BITUMINOUS TRAIL OVERLAY SIDEWALK / TRAIL IMPROVEMENTS CITY PROJECT 785 LOCATION MAP Figure 3 CENTERLINE 2" BITUMINOUS WEAR COURSE - MNDOT 2331 TYPE 41. 6" CLASS 5 - 100% CRUSHED ROCK BASE - MNDOT 3138 1 ADDITIONAL CLASS 5 - AS DETERMINED AND SPECIFIED BY CITY ENGINEER. COMPACTED SUBGRADE. 14' MINIMUM MIN. SLOPE 0.03'/FT. VARIES W/TRAIL OR SIDEWALK. 25' MIN. W/0 TRAIL OR SIDEWALK. 6" MIN. SLOPE 0.04'/FT. 8' TYP. 7' MIN. 8' - 10' RIGHT -OF MIN. SLOPE 0.03'/F 8' TYP. 7' MIN. =I=l=3i=i MIN. SLOPE 0.04'/FT. 6' SIDEWALK IN. SLOPE 0.02'/FT . " 4" CONCRETE SIDEWALK (6" THROUGH DRWYS) - (MIX TYPE 3A32) GRANULAR MATERIAL OR 4" -CLASS 5 -100 % CRUSHED ROCK MNDOT 3138-1. COMPACTED SUBGRADE. G: PROJDRAWINGS/785_SDWLKS_/7B5TYP CITY OF EAGAN >- H—i' TYP. ON SIDEWALKS -AND TRAILS. � 11 ARNIM 11=11�11=t1-11-11�t1�1 =II-It=11-11-Ii-11-11' ITYWIDE SIDEWALK/TRAIL IMPROVEMENTS P - • ' • SED TYPICAL SECTIONS -PROJECT #785 Figure 4 8'-10' For bituminous trails I6 0' For concrete walks1 A --- PLAN VIEW OF RAMP P.I. Approx. 10:1 slope P.I. Curb, or Curb and Gutter ELEVATION OF RAMP 5' 0" 1" /ft. or flatter Conc. Walk —A -- SECTION A -A NOTE: The curb and curb transiton on the romp will be paid for as linear feet of concrete cutb or concrete curb and gutter. The ramp area will be paid for os square feet of concrete walk. Surface treatment will be considered incidental. 5' 0" dimension may be increased where feasible. to provide o flatter slope. el The 1"/ft. slope shall be constructed through the curb to the gutter with no lip at the gutter section. G: PROJDRAWINGS/785_SDWKS_/785PED CITY OF EAGAN CITIDE SIDEALK/TRAIL o PROVEMENTSYW-FWIGURE NO. 5 ESTRIAN CURB RAMPS -PROJECT #785 June 19, 2000 Proposed Trail Installation Dear Mayor and Council Members, Thank you for sending us notification of the City Council meeting on July 5. Unfortunately, Lynn and I are unable to attend the meeting as we will be out of town. Erica, our daughter may be attending in our stead, to relay the decision of the Council. I am writing this letter to remind you to consider the letters you have received concerning the public safety of this path, and to also consider the vacation of the remaining 20 feet of the right- of-way. Enclosed is a copy of our letter for your review. Thank you, D.Tony Vinge Lynn K. Vinge c3g February 25, 2000 Mayor and City Council Members City of Eagan 3830 Pilot Knob Road Eagan, MN. 55122 Re: Proposed Path on Public Right -of -Way at Wescott Woodlands Dear Mayor and Council Members, It has recently come to our attention that the Wescott Hills Drive / Wescott Woodlands area is being considered in a city-wide "Path Project" to improve the quality of the community. As you consider a path for this area, please consider the following issues along with your other conventions. 1.) The safety of the individuals that will be using the path: A newly constructed storm sewer holding pond with a steep grade to the water on the East side of the path could be a hazard to young, unescorted citizens - an attractive place to "explore". During the past two summers, even with no public path, we have had to caution many children that we have noticed near the water and there are probably many that we haven't noticed. We are very concerned for the safety of individuals here. This is a personal liability for our family and a potential for serious injury or worse. This must be a major consideration. A golf coarse lies to the West side of the proposed path site between the Tee and the Green and would run parallel to the fairway virtually its entire length. We, as long- time residents of 3544, can nearly fund a vacation by selling the stray golf balls we pick from our yard during any given summer. On most nice summer days when families will be out walking, many people will be out golfing as well. A child could be seriously injured by a golf ball, or worse. The North end of the proposed path will terminate in the Wescott Woodlands cul - du -sac at the entrance to the golf coarse. This could be a hazard to foot traffic if this is not addressed with signage, cross -walks or other provisions for pedestrian safety. Significant bicycle traffic must be anticipated as well. After 18 holes on a hot day, g9 page 2 many golfers enjoy a drink or a beer before heading home, and their reaction time may not be adequate to avoid unexpected cross traffic. This could be tragic for both families. Beyond the golf course driveway there is no path or sidewalk to the north. Joggers and walkers may think that the golf course driveway itself is a public walkway and begin using it as such. The traffic is fast there, and with the additional vehicles cutting through the golf course from Duckwood Drive, this would be a less - than - safe place to be on foot or bicycle. Those families walking to the north on Wescott Woodlands will need to walk on the street, paralleling another fairway past Royal Oaks new homesites. Construction traffic and perspective builders and buyers make this area very busy at this time. Certainly these concerns are shared by all families in Eagan. Please give your thorough consideration to these issues. 2.) Precedence Eagan residents turned out in droves for the Public Hearing on June 16, 1998 to voice their opposition to the proposal of then Wescott Hills Drive becoming a through street from Yankee Doodle Road to Wescott Road to the south. About 350 people crowded the room and spilled out into the hallway. Then Mayor, Thomas Egan asked how many people were attending to comment on the road issue. A vast majority raised their hands. Then he asked how many of those were opposed to the road being put through.... again, the vast majority. The mayor said that in the interest of saving time with public comments, he assured us that the road would not be going through, and in light of that, they need not stay for the public comments. When Project 742 was addressed; several minutes were spent on concerns of the surrounding property owners regarding the business of the path. It was proposed as a "bituminous path" at the beginning of the meeting, and due to overwhelming protest was left as a gravel or wood chip path, as documented by the minutes (enclosed). The mayor suggested that the residents south of the Wescott Woodlands Cul -du -sac, namely, Hesse, Vinge, and Wessel, Vacate that portion of the gravel road, so the City would not be responsible for the up -keep of "an unimproved 9', page 3 roadway within public right-of-way until such time that it is vacated...". 3.) Economics If the right-of-way (or at least a portion of it) is not vacated, the City will be responsible for maintenance and up -keep of the road surface. There are manholes and a water main gate valve on the road, which would be costly to repair if hit by a snow -plow. We three families have maintained the road for the past two winters and graded it during the summers entirely at our own expense. We have done SQ in good faith, with the apparent mid -understanding that a vacation of the road was to be part of the over-all project. We would like to propose that the council members re -consider our request for vacation of the right-of-way to provide private driveways for us and to release Eagan from the responsibilities of maintenance. When you consider the issues above. you must agree that this is not an appropriate location for a path, unless extra -ordinary measures are taken to provide safety for those who would use it. Respectfully, D.Tony and Lynn K.Vinge 3544 Wescott Woodlands 651-454-8351 9/ 2-29-00 Attention: Mr. Tom Hedges, The City Council and Mayor Awada. City of Eagan, MN From: The Wessel Residence 3590 Wescott Woodlands Eagan, MN 55123 RE: Proposed Public Trail Way connecting Wescott Woodlands and Wescott Hills Dr. Dear Mr. Hedges, City Council Members and Mayor Awada: There are several issues to consider regarding the proposed trail way that will be crossing our property, as well as the Vinge's and Hesse's property. Safety is a concern. There is a real danger of being struck by a golf ball. Having lived here for 30 years, we know this first hand. Numerous times over the years members of our family have been struck either in our vehicle or on our person. We have even lost windows in our house due to golf shots gone awry. There is a major concern regarding the safety of children passing through. There are two drainage ponds on either side of the proposed trail way. One is on Vinge's property and the other is on the golf course side. We have seen on several occasions, children from the neighborhood playing around these ponds. This is frightening! Not only for the children's well being, but for the potential liability to the Vinge's and the golf course. The proposed trail way will start and end at the golf course driveway in the cul-de-sac. This is also a concern. There are no sidewalks on Wescott Woodlands. There will be a steady flow of walkers, bikers and roller bladers feeding onto a busy unguarded roadway. Traffic on Wescott Woodlands has become increasingly busy. The speed limit signs are rarely respected. It is not uncommon to see people driving at speeds of 50 or 60 MPH or higher! With the new homes being constructed (ie: Royal Oaks) this traffic is sure to get worse. I suggest that the members of the city council and the Mayor, 9� take a walk down this road with their family on a busy Saturday afternoon during peak golf season. You'll see what we mean. We don't let our children walk down that road. It is not safe. The issue of "vacation" of the land for the proposed trail wayneeds to be addressed. Ourselves, the Vinge's and the Hesse's applied for and paid the necessary fees for vacating the roadway between the cul-de-sac on Wescott Hills Dr and the cul-de-sac at the golf course driveway. Mr. Mathes had repeatedly told us that the vacation was being processed. It was Mr. Vinge who had most of the conversations with Mr. Mathes. Each time Mr. Vinge spoke with him, he was reassured by Mr. Matthes that the vacation would still happen but that he had not had time to complete the paperwork yet. Now we are informed that the vacation will not take place, even though it was proposed by Mayor Egan at the city council meeting of July 7, 1998. We feel that Mr. Mathes did not act in "Good Faith" on this issue, and that should be noted. There was a water main installed across our property. We had requested it be placed at the far west boundary of our property. (see notes from July 7, 1998 meeting.) Mr. Wessel was presented with drawings by Mr. Mathes that indicated this. However, the contractor seems to have disregarded them and installed the water main not according to plan, which resulted in damaging and killing trees on my property. We are very disappointed with this. If the trail way is to proceed, although we prefer it not, We request it be located at the west property line so that we may utilize as much of our property as possible. We request that this trail way be very well defined. We request that the trail be fenced in on both sides. There should be signs indicating that users must stay on the trail way, thus reducing unwanted traffic on our property. We would like to be consulted before construction begins so that we may have some input. There is an issue of emergency vehicle access. There is emergency vehicle access from the north. We feel this is adequate. This should not be an issue. We strongly object to emergency vehicle access from the south. (cul-de-sac/Wescott Hills Drive) Currently there is a blockade there, which prevents vehicles from driving through. If this is removed, this will be an open invitation for people to use this as a short cut. This will happen if you remove the blockade. Before the blockade was installed, this happened daily. We request that the vacation be granted. We are willing to grant the city easements if necessary. Maintenance of the road was discussed in the meeting of July 7, 1998. We assumed that the proposed vacation was in progress. The city did not plow or maintain the road for the next two winter's. This resulted in the purchase of equipment at our own expense to plow and maintain the road ourselves. We will seek reimbursement for this equipment if the vacation is not granted. We thank you in advance for your prompt attention to the issues raised in this letter. We look forward to hearing from you soon. Respectfully, Fred ssel M' Wessel 9y RECEIVED February 8, 2000 Mayor and City Council Members City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Proposed Path on Public Right of Way (Wescott Woodlands) . ju.7 < 7g -Y.- Dear Mayor and City Council Members, We would like to suggest that prior to making a final decision concerning the proposed path on the public right-of-way on Wescott Woodlands that you conduct an on-site inspection of the area. We don't believe that any elected official has the right to put citizens at imminent risk of being struck by multi -projectiles — namely golf balls. The proposed path location would be in "direct line" with the 14th tee on the adjacent privately owned golf course. A blow to the head by a golf ball could easily kill or maim a child or an adult. A blow to the body could cause anyone to lose control of a bicycle or stroller causing severe injury as a result of a fall. There are multi -stray balls hit into our yards on a daily basis during the golf season. "Near misses" while cutting our lawns or retrieving our mail are common -place and a member of my family was stuck on the neck while walking down our driveway to retrieve mail. A second issue to be considered is the fact that the pond elevation has been considerably lowered on the Vinge property. A path in such close proximity would undoubtedly be a magnet for curious children. And, as the neighbors will attest, has been a magnet. This is an accident waiting to happen — or worse yet, a drowning. This to us is a serious liability factor — at whose expense — the City's? The traffic pattern on that road must also be addressed. There are 100 cars (minimum) during the golf season using that road on weekends. The cars come "flying" on to the cul-de-sac with no consideration for • Page 2 February 8, 2000 cars approaching and certainly not for walkers, bikers or anyone out for a stroll. The neighbors have come close on many occasions to a collision as we stop to pick up our mail and a collision with someone on a bike or walking could result in serious injury or even death. Police reports and police surveillance will verify an already existing problem the neighborhood has with people and vehicles (particularly problems on the golf course to property and grounds) There are people and vehicles "running around" 24 hours a day as it is. A path leading into this particular area would only add fuel to an existing potentially flammable situation. Once again, we do not believe that any elected official has the right to put citizens at imminent risk of being injured or killed. Please take all of the abowt.into consideration as you deliberate this issue. Thank you. Sincerely, Donald and Carol Hesse 3536 Wescott Woodlands Eagan, MN 55122 cc- Thomas Hedges, City Administrator Russ Matthys, City Engineer 96 TO: FROM: DATE: Eagan City Council Villas of Violet Lane Homeowners Association June 21, 2000 gECE rVED, ,UN 2 6 2000 Many of our members, especially those whose homes front on Federal Drive, are concerned about plans to construct a walking path on the west side of Federal drive. We oppose the plan as it is now proposed. We would be more favorable to a path on the opposite side of Federal Drive. We note the following advantages: • From Yankee Doodle to Asbury, the east side of Federal Drive and the south side of Blackhawk Hills Drive) is level with the curb. The west side of Federal Drive has terrain which rises above the curb level and many areas (particularly south of Violet Lane) are bermed, with landscaping and fencing in close proximity to the proposed path. • While a sidewalk exists on the north side of Blackhawk Hills Drive and the west side of Federal Drive, these are relatively short stretches, in total, less than .2 mile. The east side of Federal Drive has more than .4 mile of sidewalks extending from the Yankee Square driveway near Yankee -Doodle Road to south of Violet Lane. • Our property has an irrigation system that waters the boulevard and was not designed around a path. The only irrigation systems on Federal Drive were planned around existing sidewalks. We have concern that construction will degrade the appearance of our community and damage our irrigation system. While damage could be repaired at city cost, it seems imprudent to risk this consequence when a superior alternative is available. Respectfully submitted, - Homeowners of Violet Lane Name Address ase/ 2-71/4J--) v/V17L- Z . 9� Page 1 of 2 44-.1. Lejr41: Address /56 L C� jo(e� Lam M8 ��* (aiie. /fig g v,d[FT /Yr1 ?lad /a,1,42_ /y 8' ( /,"-.7, Arire WOW op_ itc.. �!rt AI 41111111011... /6/(6(2, 71,64-ed-Aktz g 2-, V/ /G c -r /V4PQ m v /5/902 4-7 / G /;‘,/c- L ittofzx Page 2 of 2 June 29, 2000 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Attn: Mr. John P. Gorder, P.E. Assistant City Engineer Dear Mr. Gorder: I am writing in response to your correspondence of 6/13/00, "Notice of Proposed Trail Installation...." (attached). Thank you for the invitation to express my concerns/questions. The initial question I have is regarding the routing of the trail. Why have you designed the trail to run through public rights-of-way directly adjacent to private property in lieu of through the "weed patch" along the eastside of Federal Drive? The logical routing would begin at the termination of the existing concrete sidewalk south of New Horizon Child Care at 3510 Federal Drive, linking the new trail with an existing system east and west for miles along Yankee Doodle Road. My first concern is your statement: "with no construction on private property anticipated"; this is of little comfort relative to the City's ability to control what will be the low -bidders construction crews. I am suspect of your statement that "there will be no special assessments to property owners proposed with this project". What does that mean? The tab will just show up on my utility bill? My final concern involves the schedule. Per your notice, construction could linger into September. The availability of restoration sod of any quality comes into question at that time of year; have you planned for this? The reality is as follows: In July of 2001, I will receive a letter from the City of Eagan, informing me that I am responsible for cleaning -up the pop and beer cans, fast-food containers and pet refuse from along side your folly of a trail. 99 Mr. John P. Gorder, PE. City of Eagan June 29, 2000 Page 2 I strongly object to the commencement of this project and the expenditure of municipal funds for the benefit of a very small minority. Thank you for your attention to this matter. Sincerely, i'—' ames G. Pouzar 1518 Lakeview Curve Eagan, Minnesota 55122 cc: Patricia E. Awada - Mayor of Eagan Paul Bakken - City Council Member Bea Blomquist - City Council Member Peggy A. Carlson - City Council Member Sandra A. Masin - City Council Member Thomas Hedges – City Administrator Tom Colbert – Director of Public Works Russ Matthys – City Engineer JGP/mhm Enclosure Agenda Information Memo July 5 , 2000 Eagan City Council Meeting OLD BUSINESS A. PROJECT 768, NORTHWOOD PARKWAY ACTION TO BE CONSIDERED: Approve the terms of the purchase agreement for the exchange of City property for dedicated right of way for project 768 (Northwood Parkway) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • Project 768 provides for the extension of Northwood Parkway over 35E from Denmark Ave. to Pilot Knob Rd. This new alignment bisects the Glen Pond Apartment complex and requires the acquisition of right of way from the property owner. • Concurrently, the property owner is proposing to develop the final phased expansion of this apartment complex as the Glen Pond 2nd Addition, which received preliminary approval from the Council on June 5, 2000. • In June, the City also completed its purchase of 3 lots (Lots 1-3, Block 3, Effress Addition) from the Minnesota Department of Transportation (MnDOT). These three lots have been incorporated into the above referenced development proposal to compensate for the dedication of the required right of way for Northwood Parkway. Therefore, the City has to formally transfer title before the final development can be approved. ISSUES: • In order to complete this land transaction, the developer has requested consensus on 8 issues to be incorporated as part of the basic understanding of the final purchase agreement. The staff concurs with the first 7 items. However, the Council needs to address the additional compensation request issue associated with #8. ATTACHMENTS: • Developer's letter of re nest, pages • Staff report, pages /0 'through /o/ and /D �% . 612 338 3857 MAY 25 2000 11:23 FR FABYANSKE WESTRA HART612 338 3857 TO 6516814694 P.02,'05 FABYANSKE, WESTRA & HART A PROFESSIONAL ASSOCIATION O C. FART M.T. PA5YANSXE MRK W. WESTRA JERENIAH J. KEARNEY DENNIS JOEN scorr LLOYD ANDERSON FALL L ATELLE GREGORY T. SPALJ DEAN E. TNOMSON GARY C. EIDSON KYLE E KART JUDITH E. KROW STE►►EN.A MELCHER xsOmARD O. JENSEN THOMAS J.TUca CHARLES G. CARPENTER 111 VIA FACSIMILE (651) 681-4694 Mr. Thomas A. Colbert Director of Public Works City of Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1897 SUITE 1100 920 SECOND AVENUE SOUTH MINNEAPOUS. MINNESOTA 55402 TELEPHONE 612338-0115 TELECOPIER 512338.3857 May 25, 2000 Re: Larry Wenzel/Ring Road Matter File No.: 80065-002 Dear Tom: PATRICK W. NOAKER JOCIILVN L KNOLL STEVEN C. Cox BROW L WILLIAMS JULIE A. OONERTY JAYNE E. OARDNER AARON A. DEAN CARA D. HELPER ARLENE D. ANDERSON DAMN MEYER TENT. CAI DANIEL J. MCGARRY PREDERKK M LADNER DERECK R GROWER OP COUNSEL: HOLLY A. R HART EMAIL DJTROOIEMSMINNL W.COM DIRECT roti) 7749505 As Larry Wenzel has proceeded with his various land use applications, we have indicated to the City that we will need to address and resolve a number of remaining issues as part of the "land swap" and the dedication of the right-of-way for the new Ring Road. We acknowledge that much has been accomplished and that many issues have been resolved. Assuming the City is in the position to do the land swap as contemplated by the plat, including the "bow tie" configuration, and assuming that the other conditions of the preliminary approvals are met, we would like to resolve the following issues: 1. Feasibility of new access from the existing apartment building, commonly known as Building No. 1. As you know, there is an apartment building located in the northeasterly intersection of High Site Drive and Pilot Knob Road. Once the Ring Road is constructed, it will NAM-MDJ1170964093 wpd 612 338 3857 • MAY 25 2000 11:23 FR FABYANSKE WESTRA HART612 338 3857 TO 6516814694 P.03'05 Mr. Thomas A. Colbert May 25, 2000 Page 2 eliminate the current access which the underground garage in that building has to High Site. We will need a contractual agreement with the City of Eagan to construct this new access substantially in accordance with a preliminary construction drawing to be mutually agreed upon prior to the land swap. In this regard, it would be helpful if the Engineering and Public Works Department of the City, or their consultants, could prepare such a preliminary construction drawing showing the feasibility and location of this new means of access. We would then attach such a construction drawing to a contractual agreement making it clear that the City will construct this new access, at its expense, in connection with the construction of the Ring Road. 2. No Assessments for Ring Road. The Ring Road is intended to be a major thoroughfare to reduce congestion in the City, and it provides no benefit to Mr. Wenzel's property. In fact, it will have a detrimental effect on the value of Mr. Wenzel's property. Consequently, we believe it is appropriate that the City contractually agree to not specially assess Mr. Wenzel's property for the construction of the Ring Road. This conclusion is also supported by the fact that the City wants Mr. Wenzel to give up his right of access to the Ring Road except in known driveway locations. 3. No New Assessments for Sanitary Sewer, Water, or Storm Sewer. In the most recent staff memo to the Planning Commission, staff identified $34,246 in pending special assessments. Mr. Wenzel is not asking the City to waive special assessments which have previously been levied against his property. However, we see no reason why he should incur any new assessments, and he certainly should not be obligated to pay any assessments attributable to the MNDOT property. 4. Extend Sherman Court. Assuming the "bow tie" configuration is implemented, Sherman Court needs to be extended to the north side of the Ring Road right-of-way_ From that point, the private drive to the apartments proceeds northerly. We believe it is appropriate that the City contractually agree to so extend Sherman Court within three or so months at its expense. A "Dead End" sign should also be posted until the Ring Road is constructed. We believe it is not appropriate that Mr. Wenzel pay for a public street extension that will be a significant intersection with the Ring Road. N:\PL'DJ7130964093.wpd /03 612 338 3857 'MAY 25 2000 11:23 FR FABYANSKE WESTRA HART612 338 3857 TO 6516814694 P.04/05 Mr. Thomas A. Colbert May 25, 2000 Page 3 5. Move Fence. The City or the State needs to move MNDOT's fence. 6. Environmental Clearance. We still need the City to obtain the "reliance" letters from the envifonmental consultant as well as the County's removal of the property from its "dump" listing. 7. Vacation of Marice. It is our understanding that a public hearing was held to vacate Mance from High Site Drive to Sherman Court. Please advise us on how the City envisions this vacation will be finalized. 8. Damages. In our opinion, had the City proceeded by condemning the Ring Road, Mr. Wenzel would have suffered severance damages and damages for the impacts of this Ring Road taking. Damages would have occurred with respect to his existing apartment buildings, landscaping, buffering, and other losses to his property which would not have been incurred had Larry Wenzel been able to develop without the Ring Road. In addition, there are other very real additional expenses which the Ring Road designation has caused to Mr. Wenzel. These include: a. Interest rates on the 515,000,000 mortgage to be placed on this project have increased at least 1.5% since Mr. Wenzel first proposed his development. This results in a burden of5225,000 additional interest expense per year on this 25 -year mortgage. b. Construction costs have increased by at least 6% since Mr. Wenzel first proposed this project. On a $15,000,000 project, this means an additional $900.000. c. The Ring Road designation has caused additional legal and architectural expense. Those additional costs are estimated at more than 540.000, and do not include the costs which would have been incurred anyway had Mr. Wenzel developed his property without the Ring Road. N:1PL\DJT\30964093.wpd /a 612 338 MAY 25 2000 11:24 FR FABYAI.lSKE ESTRA 3857 HART612 338 3857 TO 6516814694 P.@Si05 Mr. Thomas A. Colbert May 25, 2000 Page 4 We are willing to discuss a dollar amount which would be the "equalizer" to furnishjust compensation to Mr. Wenzel. As an alternative, we are willing to discussa settlement of this amount by (I) the City also conveying Block 3, Effress Addition to Mr. Wenzel at no cost to Mr.� Dand () the and er of any park, subdivision, and trail dedication fees in connection with the apartment project. P s to discuss this with ottherC�ty repre regarding of these details after you have had the opportunity es. PP rtumty D.TTikjm cc: Larry Wenzel Dick Krummn N A NA:017130963091 wpd Very truly yours, 2-----°.--------- Dennis . Trooien /CS ** TOTAL PAGE.e5 ** VVV 11 mmT v`v 1 1' JURDY m 010-50 131.12 219.99 h n N 020-50 9 U:. 20-�' 7• 713 ,E - 5�a 21 32 31 30 OD a, 1 24 23 a2 I'd;W 6 51.9•• �" ,1 321-04 . @Z -...; fl w 120.00 116.0 @ 70.. 107.00 w 97.00 a 121.0' 91.00 168.00 '�5; . r'e 106. 406.00 338.81 3 9.49 8 CULTI4 m N 021-01 023-01 338.8 DRIVE 330.00 20C 011-02 010-02 A/ 220.01 536.47 MARICE 1 020-51 STATE 10 - STATE 1 297.34 296.00 030-51 STATE 051-03 297.16 276.00 573.16 •nr %a,rrT r•T 492.96 TO: FROM: DATE: SUBJECT: city of eagan MEMO MAYOR AND CITY COUNCIL % THOMAS L. HEDGES, CITY ADMINISTRATOR THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS JUNE 28, 2000 PROJECT 768, NORTHWOOD PARKWAY - Right of Way Land Exchange Transaction BACKGROUND The extension of Northwood Parkway over 35E from Denmark Ave. to Pilot Knob Rd. has been planned as part of the Yankee Doodle/Pilot Knob Ring Road since the Comprehensive plan update in 1990. The concept alignment was selected based on intersection spacing constraints of County Rd. 31 (Pilot Knob Rd.), bridge economics and environmental concerns. This alignment ultimately bisected the vacant land planned for the phased expansion of the Glen Pond Apartment Complex and intersected Pilot Knob Rd. at the current High Site Dr. location. PROCESS In 1998, the Staff recommended that the City Council adopt an Official Map to formally preserve this alignment. After several public hearings, the Council chose not to proceed with the Official Map due to concerns expressed by the property owner (Mr. Larry Wenzel) regarding the "taking" effect that this would have without providing the compensation associated with a formal acquisition. Instead, they directed staff to proceed with direct acquisition through negotiations, or condemnation if necessary. This would allow the property owner to better plan and proceed with his final phased development proposals. LAND SWAP The final selected alignment was reluctantly agreed to by Mr. Wenzel based on a concept proposal of having the City acquire from MnDOT Lots 1, 2 and part of 3, Block 3, Efiiess Add. (4.67 acres) located between Marice Dr. and 35E. (This has been completed at a cost of $145,000.) The City would also vacate approximately 2.0 acres of High Site Drive and Marice Drive. (The required public hearing has been held with final approval scheduled concurrently with the final development application.) The City would then exchange all of this land (6.67 acres) for the proposed dedicated public right of way for Northwood Parkway and Sherman Court (2.51 acres). The City/MnDOT property and right of way are now ready for transfer to Mr. Wenzel allowing him to proceed with his final phased development of 228 apartment units. /08 PURCHASE AGREEMENT Mr. Wenzel's attorney has submitted a list of conditions that he would like to have incorporated into this final land transaction agreement. Staff met with Mr. Wenzel and his attorney on June 21 and reviewed the list of issues. Staff concurs with the first 7 points as reasonable and appropriate. However, condition #8 (Damages) requests the City to additionally purchase Lots 4 & 5 (4.11 acres) from MnDOT and include that in the transaction. This would require additional Council authorization. Staff has been quoted a price of $155,000 from MnDOT for these two additional lots. Condition #8 also requests the City to waive the related park and trail dedication fees of $243,246. (Total = $ 398,246) ACTION REQUIRED The Council needs to review Mr. Wenzel's request and, if appropriate, authorize 1) the acquisition and transfer of Lots 4 & 5 from MnDOT at a cost of $155,000; 2) waive the Park and Trail dedication fees of $243,246; and/or stipulate other satisfactory conditions of the final transaction agreement. I will be happy to provide additional information as may be helpful to the Council and property owner during these discussions. Respectfully submitted, Thomas A. Colbert Enc. Developers letter of May 25 Preliminary Plat / Site Plans /0 Agenda Information Memo July 5, 2000, Eagan City Council IX. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT — MAL -MART STORES, INC.) ACTION TO BE CONSIDERED: To direct that a Comprehensive Guide Plan Amendment from IND (Limited Industrial) to CPD (Commercial Planned Development) for Lot 3, Block 1, Eagandale Center Industrial Park No. 9, located in the NE.'/4 of Section 10, be submitted to the Metropolitan Council for review and approval. FACTS: • The subject site consists of approximately 15 acres located on Denmark Avenue south of Lone Oak Road and east of I -35E, opposite Clubview Drive. • Wal-Mart is proposing to construct a Sam's Club on this site. The 130,000 square foot store would be located at the south end of the site, with parking to the north. The store includes automotive tire and battery installation service. A pylon sign also is proposed as part of this development. • The proposed development is considered a commercial retail use in the City Code. Therefore, Wal-Mart is requesting approval of a Comprehensive Guide Plan Amendment from IND to CPD to allow the commercial retail use on this site. • The CPD land use designation is dependent upon specific development plans and it is appropriate for the Council to comment on the proposed Preliminary Planned Development at this time. However, in evaluating the proposed Comprehensive Guide Plan Amendment, the policy issue to be determined by the Council is whether a commercial retail use is appropriate and desirable in this location. • The Advisory Planning Commission held a public hearing on June 27, 2000. The APC recommended approval of the Comprehensive Guide Plan Amendment, and of the Preliminary and Final Planned Development, subject to the conditions in the APC minutes. ISSUES: • Since Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Preliminary Planned Development will be withheld until the Metropolitan Council has responded to the proposed Comprehensive Guide Plan Amendment. • Although formal City action on the proposed Preliminary and Final Planned Development will be withheld pending Metropolitan Council review and approval of the Comprehensive Guide Plan Amendment from IND to CPD, it is appropriate for the Council to comment on the proposed Planned Development at this time. /io • The proposed Planned Development largely meets typical City Code requirements fora commercial development. A deviation in the amount of parking is requested, and some modifications to the landscape and grading plans to enhance screening are needed. • Wal-Mart proposes to use covered cart corrals within the Sam's Club parking lot for short- term storage of shopping carts. During the APC meeting, the Commission modified the conditions of approval to allow overnight and longer-term outside storage of shopping carts within a brick screening enclosure attached to the building. • There was some discussion about the traffic impacts of the proposed development. A traffic study conducted by the applicant showed poor levels of service currently existing at the Clubview and Lexington Avenue intersection, however, improvements to this intersection are scheduled for 2001. At the applicant's suggestion, the APC included as a condition of Planned Development approval that the applicant pay its fair share for the improvements at the Clubview/Lexington Avenue intersection. ATTACHMENTS: June 27, 2000, APC Minutes, pages J I.) through //. Staff Report, pages /11 through / Leileer uTSuPpor7 pale .11-0 /1/ Advisory Planning Commission June 27, 2000 Page 5 PUBLIC HEARINGS DRAFT COMPREHENSIVE GUIDE PLAN AMENDMENT, PLANNED DEVELOPMENT AMENDMENT & FINAL PLANNED DEVELOPMENT — WAL-MART STORES, INC. Chair Heyl opened the first public hearing of the evening regarding a Comprehensive Guide Plan Amendment amending the use of 15 acres from IND (Industrial) to CPD (Commercial Planned Development), a Planned Development Amendment to allow retail and a pylon sign and a Final Planned Development for a Sam's Club for Lot 3, Block 1, Eagandale Center Industrial Park No. 9, located on Denmark Avenue and 35 E, south of Homestead Village across from Clubview Drive in the NE 1/4 of Section 10. Planner Dudziak introduced this item and highlighted the information presented in the City staff's planning report dated April 20, 2000, revised May 18, 2000. Ms. Dudziak noted the background and history, the existing conditions and the surrounding uses of the subject property. Dave Sellergren of Fredrikson & Byron P.A., representing Wal-Mart Stores, Inc. along with four other representatives were present. Mr. Sellergren presented an overview of the proposed Sam's Club. He discussed the history of the property and provided a corporate overview. He explained that the diamond sign on the westerly side of the building had been removed as referenced in condition number 15 of the staff report. He also requested that Wal-Mart Stores, Inc. be allowed to construct a four foot knee wall adjacent to the exterior wall of the building to store shopping carts. There being no public comment, Chair Heyl closed the public hearing. Chair Heyl stated she was pleased with the proposal submitted by Wal-Mart Stores, Inc. and felt the site is appropriate for such a development. She further stated she approved of the proposed four foot knee wall for the storage of carts. Member Huusko expressed concern over the traffic at the intersection of Lexington and Clubview and would like to see a condition added that Wal-Mart Stores, Inc. submit partial payment for a traffic signal: Mr. Sellergren agreed to work with City staff to negotiate payment. The Commission agreed to amend number 18 of the planning report as follows: 18. Shopping carts shall not be left in corrals overnight, all shopping carts shall otherwise be stored within the building or behind a 4 foot knee wall on the outside of the structure. Other outside storage shall not be allowed with this development. Advisory Planning Commission June 27, 2000 Page 6 DRAFT The Commission also agreed to add the following condition to the staff report: 21. The applicant shall negotiate with staff a fair share of the cost of a traffic signal to be installed at Lexington Avenue and Clubview Drive. Member Segal asked if Wal-Mart Stores, Inc. would apply for an off-site liquor license for the proposed Sam's Club. Mr. Sellergren stated that the Sam's Club is not being designed for the sale of off-site liquor. Member Segal asked if there would be any outside storage and made reference to the existing Wal-Mart store in Eagan. Mr. Sellergren stated there would be no outside storage. The condition of the current Wal-Mart store was discussed and the Commission was assured that the site will be cleaned up and that the current condition of the site is not acceptable and is not in compliance with Wal-Mart Stores, Inc.'s standards. Senior Planner Mike Ridley requested direction from the Commission as to the acceptability of the covered cart corral. The Commission agreed that the design was acceptable. Member Segal moved, Member Steininger seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment amending the use of 15 acres from IND (Industrial) to CPD (Commercial Planned Development) for Lot 3, Block 1, Eagandale Center, Industrial Park No. 9, located south of Lone Oak Road and east of I-35 in the NE '/ of Section 10. All voted in favor. Member Segal moved, Member Steininger seconded a motion to recommend approval of a Planned Development Amendment to allow retail and a pylon sign and a Final Planned Development for a Sam's Club for Lot 3, Block 1, Eagandale Center Industrial Park No. 9, located on Denmark Avenue and 35E, south of Homestead Village across from Clubview Drive in the NE %4 of Section 10 subject to the following conditions: 1. The owner/applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to issuance of a building permit. 2. The following exhibits are required for the Final PD Agreement: • Final Site Plan • Final Landscape Plan • Final Building Elevations • Final Signage Plan • Final Site Lighting Plan 3. With the proposed re -alignment of Denmark Avenue, the developer shall comply with all City requirements regarding developer installation of public improvements. These /13 Advisory Planning Commission June 27, 2000 Page 7 DRAFT requirements include providing adequate financial guarantees, meeting City design standards, providing as -built record plans, etc. 4. The developer shall construct a temporary cul-de-sac, in accordance with City standards, at the south end of Denmark Avenue. 5. The developer shall construct a six-foot wide concrete sidewalk along the west side of Denmark Avenue adjacent to the development. 6. The developer shall dedicate adequate public right-of-way on the final plat to accommodate the planned re -alignment and extension of Denmark Avenue. 7. The developer shall construct two- to three-foot high landscape berms, where possible, within the 20 -foot parking setback area to provide screening of parking areas. 8. Pond DP -3.2 shall be designed and constructed to control the rate of storm water runoff to pre -development rates. 9. This development is subject to a cash parks dedication payable at the time of building permit issuance at the rate then in effect. 10. A stormwater treatment pond shall be constructed on site. The pond shall be designed according to NURP standards with a minimum wet -pond volume of 2.38 acre-feet and a surface area of 0.59 acres. The pond shall have a maximum depth of ten (10) feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. 11. At such time as Denmark Avenue is extended in the future, the loading area of the site shall be modified to provide the required 40 foot setback from the right-of-way and 75% screening of he loading area from the right-of-way. 12. The landscape plan shall be revised to enhance screening of the parking and loading areas on the west and south sides of the building. Berming shall be used in conjunction with landscape plantings to achieve greater screening effect wherever possible. Plant materials shall meet the minimum specified sizes stated in the City Code. 13. Because of the designation of1-35E as a visual corridor and the high visibility of this site from all directions, brick pilasters similar to those shown for the front of the building shall be provided on all of the building elevations. Advisory Planning Commission June 27, 2000 Page 8 DRAFT 14. The pylon sign shall not exceed 27 feet in height and the Final Signage Plans shall reflect this change. If external lighting is used, the sign shall be lit from below with the lights directed upward, or an internally lit cabinet would be an acceptable alternative. The pylon sign must be set back a minimum of ten feet from the property lines. 15. Wall signage shall be allowed only as shown on the Building Elevations Plan. The westerly Sam's Club diamond sign on the front elevation shall be in lieu of such signage on the west elevation. Similar identification signage on the west elevation may be allowed only if this second sign on the front elevation is removed. 16. All site lighting shall be shielded and directed downward so the source of light is not directly visible from off the site. 17. Auto service activities shall be limited to tire and battery installation only. 18. Shopping carts shall not be left in corrals overnight, all shopping carts shall otherwise be stored within the building or behind the four foot knee wall on the outside of the structure. 19. Canopies on the cart corrals shall be a color to match the materials used for principal building. No signage shall be allowed on the cart corrals. 20. All rooftop mounted equipment and ground mounted mechanical equipment shall be screened from views from off the property. 21. Applicant shall pay it's fair share of the cost of a traffic signal at Lexington Avenue and Clubview Drive. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2000 Revised May 18, 2000 CASE: 10 -CG -02-03-00 10 -PA -04-03-00 10 -FD -05-03-00 APPLICANT: Wal-Mart Stores, Inc. HEARING DATE: June 27, 2000 PROPERTY OWNER: Harvey and Barbara Ratner PREPARED BY: Pamela D}dziak Marvin and Elayne Wolfenson REQUEST: Comprehensive Guide Plan Amendment Preliminary and Final Planned Development LOCATION: Lot 3, Block 1, Eagandale Center Industrial Park No. 9 (South of Lone Oak Road and east of I -35E) COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST Wal-Mart Stores, Inc. is requesting approval of a Comprehensive Guide Plan Amendment from Limited Industrial (IND) to Commercial Planned Development (CPD), and a Preliminary Planned Development amending the existing PD to allow a retail use on Lot 3, Block 1, Eagandale Center Industrial Park No. 9. The site consists of approximately 15 acres and is located on Denmark Avenue opposite Clubview Drive, east of I -35E and south of Lone Oak Road, in the NE'/4 of Section 10. Formal action on the Planned Development by the Council cannot occur until the Comprehensive Guide Plan Amendment changing the land use is adopted, and the Comp Guide Amendment will need to be submitted to the Metropolitan Council for review and approval before the City can implement the change. However, the Commercial Planned Development land use designation is tied to a specified development, such that the development plans will be submitted to the Metropolitan Council with the proposed land use amendment. As a single-phase development, approval of the requested Preliminary Planned Development would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming written agreement. /6 Planning Report — Wal-Mart, Inc. (Sam's Club) April 25, 2000 Page 2 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 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. Planned Development Amendment: Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for it's consideration and recommendation. BACKGROUND/HISTORY In 1987, a Planned Development was approved for Eagandale Center Industrial Park No. 9 (approximately 29 acres located south of Lone Oak Road between I -35E and Lexington Avenue). At that time, this lot was approved for development of a health/fitness club or office/industrial use. Since that time, the approved uses for the other lots within this PD have all been amended and now include two hotels (Homestead Village and Microtel), a future Class I restaurant, and an office -showroom. The proposed 130,000 square foot Sam's Club, because of the retail nature, is not consistent with the existing Limited Industrial land use designation and approved Planned Development for this property. Therefore, the applicant is requesting amendments to both the City's Comprehensive Guide Plan and the existing Planned Development. The applicant has concurrently applied for Final Planned Development approval, so approval of the proposed Preliminary Planned Development would also constitute Final Planned Development approval. // Planning Report — Wal-Mart, Inc. (Sam's Club) April 25, 2000 Page 3 EXISTING CONDITIONS The site is open and relatively flat with no significant vegetation. The site is highly visible from both I -35E and Lone Oak Road as well as from Denmark and Lexington Avenues. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Homestead Village, zoned PD (Planned Development); guided IND (Limited Industrial) South - Vacant (U.S. Postal Service), zoned I-1 (Limited Industrial); guided IND East - Southeast Tech Center/U.S. Postal Service, zoned PD and I-1; guided IND West - I -35E EVALUATION OF REQUEST Staff had prepared a planning report for public hearing on April 25, 2000, however, the application was continued to the May 23, 2000 meeting at the applicant's request to allow them time to complete a traffic study and respond to the issues raised in the planning report. This revised report incorporates the results of the traffic study and the applicant's responses to the issues raised in the April report. Included in the attachments is a letter from the applicant dated May 9, 2000, responding to the issues identified in the April report. Comprehensive Guide Plan Amendment: The applicant states that Sam's Club is a "membership warehouse," selling items in bulk quantities at wholesale prices; membership is required for purchases, and membership is offered to businesses and individuals alike. In addition to the sales portion of the business, Sam's Club also offers service for the installation of automobile tires and batteries. Under the provisions of the City Code, staff determined that this should be considered a retail use and is evaluated as such in this report. The applicant has indicated that Sam's Club is not strictly retail and such stores have been located within industrial zoning districts in other metro area cities because of "the local business oriented client focus ... the warehouse nature of the business, and the institutional/multi-pack size of their merchandise." This proposed development site is located adjacent to an industrial district, and is currently designated for Limited Industrial use, with a use designation of Business Park in the Draft Comprehensive Guide Plan. Compatibility with Surrounding Area — The City's major retail area is the Town Centre/Eagan Promenade area centered on Yankee Doodle Road east of Pilot Knob Road. The change froth an office/industrial use to a commercial retail use for this site is a significant shift, particularly considering that the transition to office/industrial occurs to the north of Northwood Parkway with the Northwood Business Park and the U.S. Postal Service Bulk Mail Center north of that. 1/8' Planning Report — Wal-Mart, Inc. (Sam's Club) April 25, 2000 Page 4 Consequently, as a matter of policy, the Advisory Planning Commission (APC) and City Council should consider whether the extension of commercial retail activity north along I -35E is appropriate and desirable. The Trucking Study adopted in April 1997 identified I -35E as a visual corridor throughout the city, and that greater attention should be given to site design and the aesthetic presentation of developments along the interstate. In addition, as a follow-up to the Trucking Study, this site was the subject of a detail area analysis of vacant and underutilized industrial property. At that time, the Advisory Planning Commission and City Council determined that this site was not desirable for certain types of industrial uses, in particular those with heavy truck traffic and/or outside storage. Consequently, the APC and Council recommended that the land use designation be changed to Business Park (BP), while at the same time, not ruling out the possibility of a commercial or retail use. The recommended change in land use from IND (Limited Industrial) to BP is reflected in the City's Draft Comprehensive Guide Plan, which is currently pending Metropolitan Council approval prior to formal city adoption. Legislation adopted in recent years also requires the City to zone land to be consistent with the land use designation within nine months of adopting a change in the Land Use Plan. Assuming the Draft Comp Plan is adopted with its new land use categories, a corresponding land use category for this site would then need to be applied. The Draft Comp Plan's current designation of Business Park for this property allows uses such as professional offices, light industrial office -warehouse and office -showroom, restaurants and hotels, and does not allow retail uses of this nature. Since the proposed use for this CPD designation is retail, the corresponding land use designation in the Draft Comp Plan would be RC, Retail Commercial. The Retail Commercial land use, in addition to allowing development such as the proposed Sam's Club, would also extend to other retail and service uses such as supermarkets, restaurants, convenience/gas, and other businesses offering goods and services. 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 of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, this type of development is considered to be consistent. Site Plan — The building is proposed to be located in the southern portion of the site with parking to the north and a stormwater pond in the northeast corner, and access is provided via Denmark Avenue. Streets/ Access/ Circulation — Public street access for the development is proposed from two entrances onto Denmark Avenue along the east edge of the site. The primary street access is located opposite Clubview Drive, with a secondary access at the southeast corner of the site. Denmark Avenue is a collector roadway planned to be extended south and west along I -35E to connect with the south portion of Denmark Avenue near Home Depot. The extension of Denmark Avenue is not scheduled for construction in the next five years and is largely dependent /i9 Planning Report — Wal-Mart, Inc. (Sam's Club) April 25, 2000 Page 5 upon the intentions of the U.S. Postal Service, which controls the property to the south along I - 35E. The developer has modified the site plan for the development to accommodate this possible future road extension. The developer is also proposing to slightly re -align a 300 -foot portion of Denmark Avenue in the southeast corner of the site to allow the extension southward. With this re -alignment, the developer should comply with all City requirements regarding developer installation of public improvements. These requirements include providing adequate financial guarantees, meeting City design standards, providing as -built record plans, etc. The developer should also construct a temporary cul-de-sac, in accordance with City standards, at the south end of Denmark Avenue. The traffic estimated to be generated to and from this development will be less than the previous development proposed on this site, a 166,000 square -foot health and racquet club. Also, the City Comprehensive Guide Plan shows this property guided for Business Park. This development will generate more traffic than a typical office/warehouse building (148,000 square feet) on a parcel of this size under the Business Park guiding. The developer has prepared a traffic study analyzing the operational impacts (with and without the extension southward of Denmark Avenue) of the development to the major local intersections (Lexington Avenue/ Clubview Drive and Lexington Avenue/ Lone Oak Road intersections). The study indicates that the Lexington/ Lone Oak intersection is anticipated to provide adequate levels of service after this development. The study also indicates that the east and westbound left turn movements at the Lexington/ Clubview intersection currently "experiences poor levels of service today and are expected to worsen as volumes increase." Possible improvements to increase capacity of the Lexington Avenue/ Clubview Drive intersection are scheduled for 2001 in both the City and Dakota County Capital Improvement Programs. The developer should construct a six-foot wide concrete sidewalk along the west side of Denmark Avenue adjacent to the development, as shown on the preliminary site plan. Easements/Permits/Right-of-Way — The developer should dedicate adequate public right-of-way on the final plat to accommodate the planned re -alignment and extension of Denmark Avenue. Grading — The preliminary grading plan is acceptable with modifications. The site is open and relatively flat. The proposed first floor elevation is approximately level with the grade of1-35E and eight to nine feet above the grade of Denmark Avenue adjacent to the site. The developer should construct two- to three-foot high landscape berms, where possible, within the 20 -foot parking setback area to provide screening of parking areas. Storm Drainage — The preliminary storm drainage plan is acceptable. Storm water runoff from the development will drain via private storm sewer to an existing storm water basin (Pond DP - 3.2 as designated in the City Storm Water Management Plan) in the northeast corner of the site. The preliminary grading plan shows this pond to be expanded to accommodate this development's increased drainage and for water quality purposes. The pond should be designed and constructed to control the rate of storm water runoff to pre -development rates. Planning Report — Wal-Mart, Inc. (Sam's Club) April 25, 2000 Page 6 Utilities — The preliminary utility plan is acceptable. Sanitary sewer and water main of sufficient size, depth and capacity is readily available within Denmark Avenue for use by this development. Parks and Recreation — This development is subject to a cash park dedication to be paid at the time of building permit application, at the rate then in effect. The 2000 fee schedule sets the park dedication rate for commercial/industrial development at $3,476.00 per acre. The required trails dedication has been satisfied through previous assessments. The development includes the extension of the existing sidewalk along the west side of Denmark Avenue. PD Amendment and Final PD: Proposal — The proposed development consists of a 130,000 square foot retail building constructed on the southern end of the site with parking to the north and a pylon sign at the southwest corner of the site. The plans show a realignment of Denmark Avenue at the southeast comer of the site, and the future extension of Denmark Avenue to the west along to the south boundary of the property. Water Quality/Wetlands — This proposed development is located in the City's D -watershed, which is associated with LeMay Lake (DP -2), one of the City's highest priority (Class I -Direct Contact) waterbodies. Because of the size of this development and the extent of its impervious cover, an on-site stormwater treatment pond will be required. The design of the water quality treatment pond should be according to NURP standards with a minimum wet -pond volume of 2.38 acre-feet, and a surface area of 0.59 acres. The pond should have a maximum depth of 10 feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. The developer is proposing to construct an infiltration basin to treat stormwater, based on the existence of sandy soils at the site. Were the permeability of those soils to diminish over time from the addition of silt from the stormwater, the volume of the pond proposed by the development would be adequate to treat stormwater by wet -pond detention. There are no wetlands issues associated with this development. Tree Preservation — There are no tree preservation issues associated with this proposed development. Setbacks — The City Zoning Code requires a minimum building setback of 50 feet from I -35E. Commercial and Industrial building setbacks from other public rights-of-way range from 30 to 40 feet, with side and rear yard setbacks being 10 feet in the commercial districts and 20 feet in the industrial districts. The proposed Sam's Club building exceeds the 50 -foot minimum setback from I -35E and its closest point to Denmark Avenue righi-of-way (at the southeast corner of the building) is about 45 feet. Parking setbacks in commercial and industrial zoning districts are 20 feet from a public right-of- way and five feet from side and rear lot lines. These parking setbacks appear to be satisfied. Planning Report — Wal-Mart, Inc. (Sam's Club) April 25, 2000 Page 7 Parkins — The plans show a 129,995 square foot building. Using the standard in the City Code for retail uses, a total of 684 parking stalls would be required. The applicant estimates that their actual parking need is 650 vehicles, which is one stall for each 200 square feet of floor area. The 684 stalls required by City Code amounts to one stall for every 190 square feet of floor area. The plans propose to provide 643 vehicle parking spaces, with proof of parking for 31 additional stalls, for a total of 674 parking stalls. The Site Plan also shows cart corrals within the parking lot. The cart corrals do take up some of the parking spaces (17 stalls) reducing the available parking from 643 to 626 stalls. The additional 31 proof of parking stalls are proposed to be achieved if necessary by reducing the stall width from 9.5 feet to nine feet and restriping the lot. Parking stalls are 9.5' by 18' for single loaded stalls and 9.5' by 20' for double loaded stalls. It has been city policy in retail areas and areas of high parking turnover to require 10 -foot wide parking stalls. Parking stalls narrower than ten feet would be considered a deviation from city policy. Loading/Trash Storage — The loading docks are located at the southwest corner of the building, with a screening wall on the west side adjacent to I -35E. There is a screening wall to the west of the loading docks facing I -35E, however, there is little screening of the loading area to the south, from the future extension of Denmark Avenue. In addition, the City Code requires a 40 -foot landscaped yard between loading and maneuvering areas and public rights-of-way and this setback from the future Denmark Avenue right-of-way is not met in this location. An alternative plan for the loading area has been submitted which could be implemented at the time Denmark Avenue is extended. This alternative plan provides a service entrance to the site from Denmark Avenue by the loading docks, and would establish the required 40 -foot setbacks at that time. The trash compactor is located on the west side of the building, north of the loading area. The refrigeration compressor unit is also located in this area. Both are located behind screening walls which are shown on the building elevation plans. Landscaping — The landscape plan provides a variety of deciduous and evergreen trees, with shrub plantings in the parking islands and at the main driveway. A native grass and wildflower seed mix is proposed on the south and west edges of the lot, and around the pond. The pond area is proposed to be landscaped with aspen trees. Landscaping to the south near the loading and parking areas includes evergreen trees and deciduous trees. Plant materials should meet the minimum specified sizes stated in the City Code. The west side of the site is proposed to be landscaped with evergreen trees and quaking aspen. As a deciduous tree, aspen trees do not provide much screening. Improved screening from the west should be provided by adding greater variety of plant materials that may include shrubs such as dogwood, and ornamental trees in addition to the pine and aspen. Screening of the parking areas should be enhanced on the west side of the site, and as indicated in the grading section of this report, berming should be used in conjunction with landscape plantings to achieve greater screening effect wherever possible. Building Architecture and Exterior Materials — The building is approximately 430 feet long by 300 feet deep. The building is 32 feet in height with two parapet walls with a decorative cornice at the top extending to 34 feet and 36 feet in height. The 36 -foot parapet is a feature of the main Jaz Planning Report — Wal-Mart, Inc. (Sam's Club) April 25, 2000 Page 8 entrance. Exterior building materials consists of "quick -brick" in a brown color (Promenade Blend), with split -face concrete masonry unit in a contrasting color (alpine white). The main entrance contains a translucent panel above the doors set in an EIFS (exterior insulation finish system) wall in the "alpine white" color to match the accent bands on the building. The building architecture also includes brick pilasters to provide some physical features depth of the building wall. Because of the designation of I -35E as a visual corridor and the high visibility of this site from all directions, similar pilasters should be provided on all of the building elevations. Signage — A pylon sign is proposed to be located at the southwest corner of the site, adjacent tot I -35E. The Sam's Club signs have a blue and white color scheme. The proposed pylon is 30 feet in height and lit from above with overhanging light fixtures attached to the top of the sign. The sign face is 120 square feet in area (15' x 8'). The area of the sign is consistent with the requirements of the City Code (maximum 125 square feet), however, the height of the pylon sign should not exceed the 27 -foot maximum allowed by the Code. Staff also has some concerns about the potential glare from the external lighting for the pylon sign. For this reason, the sign should be lit from below, with the lights directed upward toward the sign, or an internally lit cabinet used instead. The pylon sign must be set back a minimum of ten (10) feet from the property lines. Wall signs are shown on the front building elevations only. The City Code would allow wall signage on each of the building walls that face a public street. The dimensions of the signs are not indicated, but it includes two large "Sam's Club" diamonds (one above the main entrance and one on the west end), with smaller signs along the building wall indicating the services offered by Sam's Club (tires, pharmacy, optical, etc.) A sign identifying the tire and battery installation area is located above the garage doors on the east elevation. Typically, the City Code allows only one sign on each facade facing a public street, however, it appears that the second sign on the west end of the front of the building is proposed in lieu of a building sign on the west elevation. This deviation can be approved through the Planned Development. Lighting — Parking lot lighting is proposed to be provided on 42 -foot light poles with 1000 watt light fixtures. This is comparable to the light poles used at The Home Depot which are 40 feet in height. Light levels at the perimeter of the site are around one footcandle or less, and up to two footcandles near the driveways. Near one of the fixtures on the west side of the property, a light level of up to five footcandles at the property line is indicated. This is adjacent to I -35E and the higher light level in that location should not be a nuisance provided that the fixture is shielded and the source of light not directly visible from off the site. Building mounted light fixtures are also proposed. These, too, should be shielded and directed downward to prevent glare, with particular attention paid to light impacts to the public roadways and to the adjacent Homestead Village hotel. Other — By the signage presented on the building elevations, Sam's Club indicates they provide vehicle tire and battery installation. Tire and battery installation is considered minor auto repair in the City Code, and staff is concerned that Sam's Club may extend this service to other minor /,23 Planning Report — Wal-Mart, Inc. (Sam's Club) April 25, 2000 Page 9 auto repair activities. Therefore, a condition restricting the auto service only to tire and battery installation has been included. • Aside from the tire and battery recycling area and the trash compactor, the plans do not show outside storage. As with other retail sites, staff is concerned about the potential for outside storage and the tendency for these areas to "clutter" the site and otherwise have a negative aesthetic impact. Therefore, outside storage shall not be allowed with this development. The utilization of cart corrals within the parking lot is a form of outside storage. We have received additional information about the cart corrals indicating that it is a canopy structure containing a solid roof with an open frame below. Cart corrals can help maintain order and prevent damage to vehicles, however, corrals are intended for short-term storage of carts for the convenience of shoppers and therefore, shopping carts should not be left in the corrals overnight and all shopping carts should otherwise be stored within the building. The acceptability of the outside storage of carts within the designated corrals and the design of those corrals is a matter that can be specified within the PD. If the APC and Council decide that the covered corrals are acceptable, the color of the corral canopy should match the building colors, and no signage should be permitted on the corrals. Details of rooftop equipment and were not included in the plans, and all rooftop mounted equipment should be screened from views from off the property. Likewise, any ground mounted mechanical equipment should be properly screened from views from off the site. SUMMARY/CONCLUSION Wal-Mart Stores, Inc. is requesting approval of a Comprehensive Guide Plan Amendment from Limited Industrial (IND) to Commercial Planned Development (CPD), and a Preliminary Planned Development amending the existing PD to allow a retail use on Lot 3, Block 1, Eagandale Center Industrial Park No. 9. The site consists of approximately 15 acres and is located on Denmark Avenue opposite Clubview Drive, east of I -35E and south of Lone Oak Road. Approval of the Preliminary Planned Development also constitutes approval of a Final Planned Development. The proposed development largely complies with typical City Code standards. Deviations from typical City Code requirements include the number of parking stalls and the location of two identification signs on the same building facade. The plans also include deviations for the height of the pylon sign and parking lot setbacks which are addressed in the conditions of approval listed below. Staff has also raised concerns with regard to the effectiveness of screening of parking and loading areas to the west and south. The acceptability of the proposed Comp Guide Amendment and the proposed use is a policy matter to be determined by City officials. The Comp Guide Amendment is subject to review.and approval by the Metropolitan Council, and final action on the Planned Development Amendment should be withheld until the land use amendment is implemented. However, the nature of the Commercial Planned Development land use designation is such that it is tied to a specific /� f Planning Report — Wal-Mart, Inc. (Sam's Club) April 25, 2000 Page 10 development plan. Therefore, the Metropolitan Council's evaluation will be based on these development plans, and City approval of the change in land use implies support for the proposed development plans. The Advisory Planning Commission and City Council should note that even though the CPD land use designation is tied to specific development plans, the decision to change the land use designation to allow retail is a policy matter and applies generally to any retail use and is not limited by this specific development proposal. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment from IND, Limited Industrial, to CPD, Commercial Planned Development to allow retail use on Lot 3, Block 1, Eagandale Center Industrial Park No. 9, located south of Lone Oak Road and east of I -35E in the NE '/4 of Section 10. To recommend approval of a Preliminary and Final Planned Development amending the previous PD for Lot 3, Block 1, Eagandale Center Industrial Park No. 9, located south of Lone Oak Road and east of I -35E in the NE '/4 of Section 10. If approved the following conditions apply: 1. The owner/applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to issuance of a building permit. 2. The following exhibits are required for the Final PD Agreement: • Final Site Plan • Final Landscape Plan • Final Building Elevations • Final Signage Plan • Final Site Lighting Plan Streets/Access/Circulation 3. With the proposed re -alignment of Denmark Avenue, the developer shall comply with all City requirements regarding developer installation of public improvements. These requirements include providing adequate financial guarantees, meeting City design standards, providing as -built record plans, etc. 4. The developer shall construct a temporary cul-de-sac, in accordance with City standards, at the south end of Denmark Avenue. 5. The developer shall construct a six-foot wide concrete sidewalk along the west side of Denmark Avenue adjacent to the development. Easements/Rights-of-Way/Permits 4,25 Planning Report — Wal-Mart, Inc. (Sam's Club) April 25, 2000 Page 11 6. The developer shall dedicate adequate public right-of-way on the final plat to accommodate the planned re -alignment and extension of Denmark Avenue. Grading 7. The developer shall construct two- to three-foot high landscape berms, where possible, within the 20 -foot parking setback area to provide screening of parking areas. Storm Drainage 8. Pond DP -3.2 shall be designed and constructed to control the rate of storm water runoff to pre -development rates. Parks and Recreation 9. This development is subject to a cash parks dedication payable at the time of building permit issuance at the rate then in effect. Water Quality 10. A stormwater treatment pond shall be constructed on site. The pond shall be designed according to NURP standards with a minimum wet -pond volume of 2.38 acre-feet and a surface area of 0.59 acres. The pond shall have a maximum depth of ten (10) feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. Loading/Trash Storage 11. At such time as Denmark Avenue is extended in the future, the loading area of the site shall be modified to provide the required 40 -foot setback from the right-of-way and 75% screening of the loading area from the right-of-way. Landscaping 12. The landscape plan shall be revised t� enhance screening of the parking and loading areas on the west and south sides of the building. Berming shall be used in conjunction with landscape plantings to achieve greater screening effect wherever possible. Plant materials shall meet the minimum specified sizes stated in the City Code. Building Architecture and Materials 13. Because of the designation of1-35E as a visual corridor and the high visibility of this site from all directions, brick pilasters similar to those shown for the front of the building shall be provided on all of the building elevations. Signage Planning Report — Wal-Mart, Inc. (Sam's Club) April 25, 2000 Page 12 14. The pylon sign shall not exceed 27 feet in height and the Final Signage Plans shall reflect this change. If external lighting is used, the sign shall be lit from below with the lights directed upward, or an internally lit cabinet would be an acceptable alternative. The pylon sign must be set back a minimum of ten feet from the property lines. 15. Wall signage shall be allowed only as shown on the Building Elevations Plan. The westerly Sam's Club diamond sign on the front elevation shall be in lieu of such signage on the west elevation. Similar identification signage on the west elevation may be allowed only if this second sign on the front elevation is removed. Site Lighting 16. All site lighting shall be shielded and directed downward so the source of light is not directly visible from off the site. Other 17. Auto service activities shall be limited to tire and battery installation only. 18. Shopping carts shall not be left in corrals overnight, all shopping carts shall otherwise be stored within the building. Other outside storage shall not be allowed with this development. 19. Canopies on the cart corrals shall be in a color to match the materials used for principal building. No signage shall be allowed on the cart corrals. 20. All rooftop mounted equipment and ground mounted mechanical equipment shall be screened from views from off the property. /02 7 Location Map CIEagan Boundary Street Centerline Parcel Area i® Building Footprint ROEHREEKER MS5555555555 Fj2Z22222i2P n+5555555ME 1.4.44WiqWtil ml Sub ect Site lam 1 1000 0 1000 2000 Feet Development/Developer: Sam's Club Application: PD Amendment and Comp Guide Plan Amendment Case No.: 10 -CG -02-03-00 a 1 • = -04-03-00 City of Eagan Ceeuneeny Dsvelepmeat Departm.M Map Prepared in0 ERSI 3.1. Parcel base map data provided Aby Dakota County partment and is current as o/ January 2000. / , THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information and ars not responsible for errors or omissions. Wal-Mart Stores, Inc. (Sam's Club) Current Zoning and Comprehensive Guide Plan Case Nos. 10 -CG -02-03-00 Land Use Map & 10 -PA -04-03-00 d� �=, Zoning Map .111111111111111111 .� 1229P-iMI 0 ''" Location NIra s_ IIIIIN. I® e 1 11111111111171 Current Zoning: ; k.. rs ell , ®' ( 3 ro. PD "' Iy� Planned Development 1 0.1 1. ..; I. :--9 VI x. .:i I. ........ 1 HI ..c. ihi F0 000 . *00 1200 Feet • r� O p 61 Plan 9_ s. -- =istil ssu Comprehensive Guide �r � Land Use Maps —4 Ali rdl w0 - IN ..�=] twa v - Ino ;•.I A Location `'" a =WA IM NEI m. Nit.:" a®E wit 'iva . ' . , . . 4 i. 4. , 11110 Current Land Use Designation: s i /4_11511 IND ,:- Limited IndustrialNOV s war Iwo ,, .. _ , 3 EE 6 . we ... •.• 13 1 .)� III A ir4 0` O CA a.'. DO 0 600 1200 Feet All"� , / J/ , Survey D.partont 1/03/00. paN mU N.. ap Infen..provided 1000a 00000y LAM m ro Zoning Information pre mono. Group 1100 and updated by City Stan. City of Eagan W E THIS MAP 1S INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information. 5 1 1 1 1 ■i■i•uu■iu■i■i■■iu■■■ 111111111111111111111 1 a c /30 1 it;I 1 1 11 /3 / 1 J 1 MMI I U...........UhIU ... t 11111111111111111111 N c /3a j ith u .................... k�llllllllllllilllllll /33 a 1;1 a 1 1 1 1 itt rt 114 1 1 ��uIlihIIIIII �hIIuIII 1 a /3 y 11.1,== . . s r 8 i 1 1 . 1 . . . ... 91999 99• 1 1111111 11111 ... 1 i i[;r hi liWM 1 I ii c_11 III i, lilIi 1 a ii31 ilikis1huiu 8 I_ >;lli 8 /3 y zis pi 11 ri, f 111 FlOtit vi. .- §0 k e le iii 1 04 1:-: Iipi: ill 1ii , i• t 11 'll BLDG. ELEVATIONS O9) 1 i; I u R a Q• (3 !• n Es n A u A n I. is A rf !•1 1 E q li1(,)*.�0 1 11111 2 . a.S iL1LLLk111_1 arc 37 i • • 3 3 . 3 a I 3 3 t .. 3. `..s.. / .� .0 \ `\ i // ',1"$ i /3 3 1 7 3 ��• : Y X: 3 3 a 3 f a 3 3 2 113 . i s i 3 1 3 3 3 '2:,..3-3-73-.177' _�'� : a! , 0,3 3 3 3 Y! 7 3 3 a 3 3 a s 3),, 3 3 7,3°3 . 1 3 8 2: 3 1 a .3.4...:4.,14131 : 3 .. 3 ▪ 3 3 3 4; 3 7 2 3 3 3 3 3 3 1 1 3 3 1 2 3 1 3: 3 3• 3 1 1 3 7 3 3 7 7 3 3 1 3 3( 3 2 1 111 2 7 7 7 3(� 3 3 7 3 3 3 • �: 1 3 3 7 7 3! 3 a 3 7 3 3;` 3 7 3: 3 3 3 3 3 3 '�j(� • 3 ```3 113333371 3 3 7 3! 7•\ �3 3 3! 2 3 3 3 3 1 3 a a 2 3 3 3 7 1 3 a a! 3 /LL��17 • 7 • 7 7 a 311 7 3 3 3 7 3 713 7 2 2 1 7 7! if 2332301.S33 3 3' �1 3 2 7 3 3 3 2 3 2 7 3 3 3 3 3 3 3 7 2 3 3«. 3 7 3 3 2 2 3 2 3 \tilk 7 3' f 33rr,�..��'' 3 7 1 1 1 3 3 3 1 3 7 x..3..3, 3 7 3 3 7 1 1_1_a_3_111�_1_2_ 3 a 1 7 7 5 : ! 3 7! 7 3 7: 7 3 �1 '' 3 7 7 2 3� L, . 3! 7, 7 3 3 3 2 3 7. 3 3 2 3 3 3 3 3 3 3 3 2 : 1; 7 2 ' �'1:: !! 7 i 7 7 7 3 3 3 3 3 3 3 3 3 3 3 7 3 3 1 3 3 3 4 't 7:7 3.7 7 7 3 Ili !) • ! 2 3 1 2 3 3 3 3 2: 3 3ti pJp $.1$ a a a 3 2 2 7 a a a 3 i 3: 3 3 7 1 : 3 1 3 3 i 3 3 73 f 7 71: 3 3 3 2 3 7 2 1 3. 3 7 1 : 7 3 27 1 7 1 3 1 3 1 3 3 a 7 $ Iry gild%i 3 33 1 a la a 7 7 a 7! f f 2 7 f a a: 11 1 2a 3 a a 1 3 f 3 1 2 3 7 3 f 7 a 7 7 3 *331 1 32 3 3 2 3 1 1 7 71 /� 23 13 7 a 2 1 3 7 3 ! 3 1! 3 f i 2 1. 1 2 1 3 3 1 3 2 2 1 7 • 183 7 1 3 7 1 7 1 1 7 ! 1 3 • . . 7 3 3 3 2 2 1 3 32 37 3 : 3 3 1 a : 1 7 7 7 3 3 3 3; 7 7... 3 7 32 1 ) 7 33 • 33 3511, 3 7 7 3 7 3 7 7 3 7 3 7 a a 7 3 7 . 73 3 3 3 7 3 3 7 3 3 7 3 3 3 3 3 3 3 SITE LIGHTING /36 40 VAott r —.rte , NOVO 1 A4.1tIV4A1EENTRAMCE 1111JCK pp f p iltit E FMK CCONSMCIED ONARK MORE NAME tAPOICAAPIO �COmPLETED O41R NC IS ZON51RUCISO FUTURE DEHMAR:; ! UE 0 ALTERNATE PLAN FOR LOADING AREA NM LANDSCAPE LEGEND issest. OK COMM WC j + °• .. �.ws rte,,» �. IL mss ran I' I w ALTERNATE PLAN FOR LOADING AREA vi s � Sas.C .m o W W 1 .Ee = JN ' 'NzN 0 m., OJ 3 a K b= N W mm J oJwnopa S Wt JJ , D GJ,>�oo Q' ZOO Z Z2. -L, r1 tWt ate. as<qm�' J ali a gf61- a� � FF� i yyS W,0 W `6":i J W F g3 JO mxN.N I • C',m m Cii.°W Wu' ...0,,,,,J�J i W,...0,,,,,J o S-1 u1 J F U 1,,,' O O O O O O O E i0 •-e rl IAb .H rJ * f7 bP 20 a Mw tal W pQ C I.1 W a aW R C > C W aOmo W o °_ � a 3 O per^ moo 01-W 2 N d W N 0 .0-,0£ -,ZZ SAM'S CLUB PYLON SIGNAGE 8' X 15' SAM'S CLUB PYLON r- MI4 QL 10" DIAMETER 1/2" PL. RINGS PREWELDED J a a M = W N O J 5 aa. W N 0 a Na �f N 12" DIAMETER i i0 5 (Hdw 09 213A0) .0-,1 t (SS3l ONV HdW 08) .0-.6 ID N iaW IP (0 W U I� g.L 3O d�'O a w I_ • C wt --:114 •u, a ,I1 l a 1.> O .0-.I. 0 /.3 9 (HdW 09 2J3A0) .0-.51 (SS3l ONV mai OB) .0-,B SIGNAGE SAM'S CLUB NARRATIVE FOR Comprehensive Plan Amendment Comprehensive Guide Plan Designation Existing Industrial Proposed Retail (however, refer to narrative for Planned Development Amendment relative to zoning designations for SAM'S Clubs in other Twin City suburbs). Zoning Classification Existing PD (Planned Development) Proposed PD (Planned Development) Timing/Phasing Construction is proposed as one phase, with a start in the summer 2000, and six to eight months for full construction. Existing Land Uses on Subject Property Property is vacant, but has previously been approved by the City for a 170,000 square foot health/fitness center. A stormwater rate control pond is located at the northeast corner of the site. There are no significant trees or wetlands on the site. Surrounding Land Uses The following existing uses surround the proposed project site: North — Homestead Valley (weekly studio units) Northeast — Microtel Inn Suites and Office/Warehouse East — U.S. Post Office (Minneapolis — St. Paul Bulk Mail Center) South — Undeveloped West — I35E Impact on Surrounding Properties/Land Use The surrounding uses are similar with to those adjoining other SAM'S Clubs in the other Twin City locations. The focus of SAM'S Club on business clientele suggests that this location is compatible with the surrounding properties and land uses. Surrounding industrial and commercial uses (Post Office, Homestead Village, and Microtel Inn Suites) are compatible with the proposed use. s:\main:\WaI I2385:\Reports\narrative3- I0 SAM'S CLUB NARRATIVE FOR Planned Development Amendment Proposal This Planned Development Amendment proposes the construction of a SAM'S Club (consisting of an approximately 130,000 gross square foot building) on a 15 -acre site. SAM'S Club is the nation's leading members -only warehouse club with locations across the country. When a business purchases a membership, SAM'S Club operates as it supplier of name -brand merchandise at warehouse prices for office use, resale to customers, or for personal use. To meet the needs of its business members SAM'S Club limits its merchandise mix to 3,500 items local businesses use most. This includes a complete line of food products and frozen foods; janitorial products; tires, batteries, and auto supplies; small business equipment and hardware; candy and snack items; and office supplies, computers and equipment. Merchandise typically is in larger institutional sizes of multi -packs of like or assorted items. A number of SAM'S Clubs are located throughout the Twin Cities metropolitan area. In nearly all of these cities, they are located in industrial zoned parcels. This is because of the local business oriented client focus, the membership aspect of their clients, the warehouse nature of the business, and the institutional/multi-pack size of their merchandise. For informational purposes, these cities and the respective zoning districts are as follows: Burnsville I-2 (General Industrial) St. Louis Park C-2 (General Commercial) White Bear Lake I-1 (Limited Industrial) The land use guiding on the proposed 15 -acre is Office Industrial. The schedule for the proposed development start is summer 2000, with construction lasting approximately six to eight months. Surrounding Land Uses The following existing uses surround the proposed project site: North — Homestead Valley (weekly studio units) Northeast — Microtel Inn Suites and Office/Warehouse East — U.S. Post Office (Minneapolis — St. Paul Bulk Mail Center) South — Undeveloped West — 135E l4l Impact on Surrounding Properties/Land Use The surrounding uses are similar to those uses adjoining other SAM'S Clubs in the other Twin City locations. The focus of SAM'S Club on business clientele suggests that this location is compatible with the surrounding properties and land uses. Surrounding industrial and commercial uses (Post Office, Homestead Village, and Microtel Inn Suites) are compatible with the proposed use. Impact on Subject Project In the original Planned Development, the site was proposed to be developed as an approximately 170,000 square foot health/fitness center. A copy of the site plan is attached. The proposed SAM'S Club will involve a smaller sized building in the same general location, and a somewhat smaller parking lot than was previously approved. Otherwise, the site layouts are similar. The SAM'S Club site plan incorporates a larger storm water pond in the northeast comer of the site to facilitate water quality and rate control. The original health/fitness center plan did not include the water quality component in the storm pond. Nonetheless, comparison of the two plans demonstrates that the impact associated with the proposed SAM'S Club is somewhat less than that associated with the prior approved health/fitness center plan. Impact on Sewer, Water, Stormwater Runoff, and Roads 1. The projected flow from a 130,000 square foot SAM'S Club site is 4,200 gallons per day (based on records from other SAM'S Clubs). This compares with an estimated flow of 22,500 gallons per day (= 1,500 gallons per day per acre x 15 -acres), as projected in Eagan's Comprehensive Sewer Policy Plan for commercial/industrial land uses. 2. Stormwater Runoff: Stormwater runoff will be similar to that projected in Eagan's Stormwater Management Plan, as well as that projected for a fitness/health center, due to the fact that the proposed hard cover is similar. 3. Roads: Based on information published by the Institute of Traffic Engineers, a 170,000 square foot health/fitness center can be expected to generate a weekday P.M. peak hour traffic of 731 vehicles (4.3 trips/1,000 square feet). In comparison, the trip generation for a 130,000 square foot SAM'S Club is estimated as follows: 24 -Hour Trip Rate Weekday P.M. Peak Hour 5,434 trips 618 trips This comparison illustrates that a SAM'S Club will have a somewhat lesser traffic impact than the health/fitness center. Is Proposed Use a Better Land Use Based on a review of the site impacts for a SAM'S Club as compared to a health/fitness center, the proposed use has a lesser impact, and, therefore, is a better land use. Engineering • Planning • Surveying MFRA' McCombs Frank Roos Associates. Inc. May 9, 2000 Ms. Pamela Dudziak City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1810 SUBJECT: Wal-Mart Stores, Inc. SAM's Club Eagan, Minnesota MFRA #12385 Dear Ms. Dudziak: The purpose of this correspondence is to address the review comments as contained in your April 20, 2000 staff report to the Planning Commission. 1. Traffic Study — The traffic study is attached. In summary, the general conclusions of this study are that the proposed SAM's Club's impact is more than, but comparable to the impact associated with an office/warehouse usage but less than a health/fitness center, and that the intersection improvements at Lexington/Clubview Drive are needed even if there is no development on the project site. 2. Easements — The applicant proposes to dedicate a public right-of-way easement for the Denmark Avenue extension as shown on the site plan. A temporary cul-de-sac will be constructed to function until Denmark Avenue is extended. 3. Grading — As requested, the berm heights have been increased and additional berming has been added where possible. Refer to the revised grading plan. 4. Storm Drainage — The proposed pond design provides sufficient volume for rate control in accordance with the City's Stormwater Management requirements. 15050 23rd Avenue North • Plymouth, Minnesota • 55447 / phone 763/476-6010 • fax 763/476-8532 e-mail: mlra@mlra.com Ms. Pamela Dudziak May 9, 2000 Page 2 5. Water Quality — The proposed pond also provides for water quality treatment according to NURP standards, with a minimum wet -pond volume of over 2.38 acre-feet, and a surface area as measured at the normal water level of at least 0.59 acres. The proposed NURP pond design has a depth of 9.0 feet, with a 10:1 aquatic bench, and an outlet skimmer according to City Design standards. 6. Setbacks — The revised site plan (attached) demonstrates that the 20 -foot parking setback is met. 7. Parking — The 9.5 -foot wide stalls as proposed are consistent with Wal-Mart standards for their SAM's Clubs throughout the USA. Frequently, this standard is greater than the local ordinance. Wal -Mart's experience is that the 9.5 -foot stall provides good accessibility to their clients. If the parking stalls were increased to 10 -feet in width, there would be a loss of 44 stalls, which could be added to the project at the north end of the site. This would increase hardcover on the site, something which should be availed, if possible. Due to Wal -Mart's substantial experience, it is the applicant's preference to maintain the 9.5 -foot wide design standard and keep the hardcover to a lower amount. 8. Loading — An alternate site plan is attached that addresses the 40 -foot landscaped area along future Denmark Avenue. The loading dock could be reconstructed at the time at which Denmark Avenue is extended and meet the City's ordinance. We proposed that this item be a condition that is dealt with when Denmark Avenue is extended and be part of the Development Agreement. Also, please note that the landscaping plan has been revised in this area to improve the screening. 9. Trash Compactor — Please note that the tractor is enclosed by screen walls. Refer to the architectural plans. 10. Landscaping — Additional berming has been added as above noted, and plantings have been revised along the Denmark Avenue extension in the vicinity of the loading dock to improve the screening. 11. Signage — The height restriction of 27 -feet is acceptable. Note that the pylon does meet the 10 -foot setback requirement. 12. Lighting - All lighting will be shielded. 13. Tire and Battery Restrictions — The use of the tire/battery installation area is restricted to only tire and battery installations. A condition to this effect is acceptable. 14. Cart Corrals — A cart corral detail is attached for your review. /9y Ms. Pamela Dudziak May 9, 2000 Page 3 Additionally, we have been in contact with Wal-Mart regarding your concerns related to outside storage. At their direction, their operations will exclude any outside storage of truck trailers, containers, pallets, merchandise, etc. A note to this effect has been added on the revised site plan (refer to the note entitled "Sam's Club Operational Note"). If you have any questions or need additional information, please contact us. Very truly yours, MFRA Gregory J.`Frank, P.E. GJF:pry Enclosure cc: Dave Sellgren, with attachments Darcy Winter, D.E. Winter Associates, with attachments Art Scott, Wal-Mart Stores, Inc., with attachments s:\main:\Wa1123 85:\Correspondence\dudziak5-4 /%S rrv-A---6--Developers WV) Diversified e Realty Corporation June 23, 2000 Mayor and Members of the City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: Sam's Club Proposal Dear Mayor and Members of Council: This letter is submitted in support of a development application for a Sam's Club on Lot 3, Block 1, Eagandale Center Industrial Park No. 9. As owners of Eagan Promenade, we are interested in the successful development of a full range of services and products for the citizens of Eagan and nearby communities. We believe that Sam's Club would be a welcome addition and provide valuable products and services to local businesses and citizens. Please consider these supportive comments when reviewing the Sam's Club development proposal. Respectfully, DEVELOPERS DIVERSIFIED REALTY CORPORATION Eric M. Mallory Senior Vice President of Development EMM:wll G:\DDR Personal Folders \EMallory\DDRGeneral\2000Corresp\6-00\06-21 enun 3300 Enterprise Parkway, P.O. Box 228042, Beachwood, Ohio 44122 Tel: (216) 755-5500 • Fax: (216) 755-1500 • www.ddrc.com /L4 Agenda Information Memo July 5, 2000 Eagan City Council Meeting B. REZONING — CITY OF EAGAN ACTION TO BE CONSIDERED: To approve a Rezoning of five individual parcels of land (Lots 1-3, Block 1 and Lots 3 and 4, Block 2, Kolofski's Plat) from R-1, Residential Single Family to BP, Business Park located north of Highway 55 and east of Blue Water Road in the NE VI of Section 2. FACTS: ➢ The properties are owned by the City of Eagan and were acquired as part of recent redevelopment efforts in the area. ➢ The subject property is included in the Highway 55 Tax Increment Financing (TIF) Redevelopment District that was created by the City in 1996 with the primary purpose of removing blighted and inconsistent land uses. To aid in this effort, the City used TIF eligible expenses to acquire several homes in the Kollofski Plat and to pay for the demolition of the Airliner and Spruce Motels. ➢ In an effort to further the redevelopment process, the City Council determined the sale of the parcels to Wispark Corporation at a special meeting on April 4, 2000. While the current R-1, Residential Single Family zoning designation, is inconsistent with the present BP, Business Park Comprehensive Guide Plan designation (the BP designation is also suggested by the Comprehensive Plan Update). ➢ At their regular meeting on June 27, 2000, the Advisory Planning Commission held a public hearing to consider the Rezoning and recommended approval. ATTACHMENTS (2): Minutes of the June 27, 2000 APC meeting, pages / at4ifeugir Staff report, pages)yl through J3 / 9 7 Advisory Planning Commission June 27, 2000 Page 9 REZONING — CITY OF EAGAN DRAFT Chair Heyl opened the next public hearing of the evening regarding a rezoning of five separate parcels from R-1 (Single Family Residential to BP (Business Park) PID#'s 104290002001,104290004001, 104290004101, 104290003002, and 104290004002, located on Lawrence Avenue and Linde Lane in the NE 1/4 of Section 2. Senior Planner Ridley introduced this item and highlighted the information presented in the City staff's planning report dated June 20, 2000. There being no public comment Chair Heyl closed the public hearing. Commission members were all in agreement with the proposed rezoning Member Anderson moved, Member Huusko seconded a motion to recommend approval of a rezoning of five individual parcels of land (Lots 1-3), Block 1 and Lots 3 and 4, Block 2, Kolofski's Plat) located north of Highway 55 and east of Blue Water Road from R-1, Residential Single Family to BP, Business Park. All voted in favor. /1•F PLANNING REPORT CITY OF EAGAN REPORT DATE: June 20, 2000 APPLICANT: City of Eagan PROPERTY OWNER: City of Eagan REQUEST: Rezoning LOCATION: North of TH 55 and east of Blue Water Road in the NE 1/4 of Section 2 COMPREHENSIVE PLAN: BP, Business Park ZONING: R-1, Residential Single Family CASE: 02-RZ-03-06-00 HEARING DATE: June 27, 2000 PREPARED BY: Bob Kirmis SUMMARY OF REQUEST The City of Eagan is requesting approval of a Rezoning of five individual parcels of land located north of Highway 55 and east of Blue Water Road from R-1, Residential Single Family to BP, Business Park. The five parcels are located within the Highway 55 Redevelopment Tax Increment Financing District and are described as Lots 1-3, Block 1 and Lots 3 and 4 Block 2, Kolofski's Plat. The properties are owned by the City of Eagan and were acquired as part of recent redevelopment efforts in the area. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 5 states, in part that the Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. /Y9 Planning Report — Kollofski's Plat Rezoning June 27, 2000 Page 2 BACKGROUND/HISTORY The subject property is included in the Highway 55 Tax Increment Financing (TIF) Redevelopment District that was created by the City in 1996 with the primary purpose of removing blighted and inconsistent land uses. To aid in this effort, the City used TIF eligible expenses to acquire several homes in the Kollofski Plat and to pay for the demolition of the Airliner and Spruce Motels. The disposition of the City -owned property has been of keen importance to the two primary property owners in the area, the Imre family and Wispark Corporation. The City was hopeful that the two property owners could work together and development a master plan that included the property in question. Once a suitable master plan was developed, it was expected that the City could then dispose of the property. Although there has been a great deal of discussion that has taken place between Wispark and the Imre's, there has been a difference in opinion regarding the development of the property and the City has been unable to dispose of the property. In an effort to further the redevelopment process, the City Council initiated a rezoning of the subject property at a special workshop meeting on April 4, 2000. While the subject properties hold R-1, Residential Single Family zoning designations, such zoning is inconsistent with the present BP, Business Park Comprehensive Guide Plan designation (the BP designation is also suggested by the Comprehensive Plan Update). The rezoning of the properties would achieve consistency between the City's zoning map and land use plan as mandated by the Land Planning Act. EXISTING CONDITIONS The subject properties were formerly occupied by single family residences and are now vacant. Three of the lots are accessed from the southeast via Lawrence Avenue while two of the lots are accessed from northeast via Linde Lane. The parcels range in from 10,491 to 24,791 square feet in size. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject properties: North - Vacant; zoned BP, Business Park and guided BP, Business Park South - Vacant; zoned R-1, Residential Single Family and guided D -ll, Mixed Residential East - Vacant; zoned BP, Business Park and guided BP, Business Park West - Vacant; zoned BP, Business Park and guided BP, Business Park /5C) Planning Report — Kollofski's Plat Rezoning June 27, 2000 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area - The BP zoning designation appears compatible with existing and anticipated surrounding uses in the area. Development Plans - As mentioned previously, a specific development plan for the property has yet to be formally agreed upon by the two primary property owners in the area. Future development of the subject property shall be subject to applicable City Code requirements. SUMMARY/CONCLUSION Regardless of whether or not design related issues have been resolved, the rezoning of the subject property to a BP zoning designation is an action that must take place to allow redevelopment of the area to proceed. In this regard, the proposed rezoning represents a positive step toward achieving the City's redevelopment objectives for the area. Additionally, the Land Planning Act stipulates that the guided land use and zoning designation of property must be consistent. Thus, the rezoning of the properties in question to a BP designation would make their zoning consistent with their existing Guide Plan designations. Future development will proceed through the subdivision and building permit process and must comply with the performance standards of the BP district. ACTION TO BE CONSIDERED To recommend approval of a Rezoning of five individual parcels of land (Lots 1-3, Block 1 and Lots 3 and 4, Block 2, Kolofski's Plat) located north of Highway 55 and east of Blue Water Road from R-1, Residential Single Family to BP, Business Park. /s/ Map Eagan Boundary daryLocation :areeArea ® Building Footprint ,1. 411 OD:19%A > '' \ 1 I .0. 0. +.0iiiii 4Ik . S. 11:: Ail • ... Sub'ect Site 1110 i i . t? ).. I .. \ t,I3S . ; , . , \II . . , \ Ie %-�`a7 P ya. 1-tib+-41-i■-id 222222 ;55S55y �c•.- \ z r =�555555[5�5�5 �,� .` j , ra na5555555C55 ■ 0 ." apti In N'''.--- . . ,. • . • i . r■a.a:«os.rcenc-seri-.et s _ __________:.6,., ., IP . s a n■ \ OLIMION M. i 10 I ill ill or. Irk - DM\ i ,�© dl- o m 0---1 I iuFlipITok :._ 1 i 1 I I loon • A. o 1030 2030 Feet ' Development/Developer: City of Eagan Application: Rezoning Case No.: 02-RZ-03-06-00 by Odtoh Cored Lad Survy D■p m 1. b = a d Jaway 1004 Map Prepared udng ER9 ArelAsw 11. PaoM taw nap daa provide44111d N City of Eagan Community Development Deportment and THIS MAP 15 INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarani.. the accuracy of this information and are not r.sponslblo for errors or omissions. W+ E 5 0 200 400 600 Feet PROPERTY OWNERSHIP N Agenda Information Memo July 5, 2000 Eagan City Council Meeting C. REQUEST TO RE -LOCATE TRAILWAY IN LEXINGTON POINTE 14 ADDITION McNANY At the request of the applicant, this item has been withdrawn from the agenda. /sy Fees: .$300 investigation (non-refundable) Cly of Eagan __$300 kens' tee (prorated for calendar year) 3830 Pilot Knob Rd License Terre: July 1Juns 30 Eagan, MN 85122 881.4600 Fax: 8814612 CITY OF EAGAN APPLICATION FOR MASSAGE THERAPY ESTABLISHMENT BUSINESS LICENSE 1. Name of applicant: Scav1t we.c14ee4 (owner, essor operator) Address' JD d (� t: f^I�ra N r i vee City, State, Zip a GN . M N , 5 S-03 3 Phone: IP -683-974: 2.scrip_tion of Premises:(i.e., free standing, strip mall, part of existing health facility, etc.) tree }twae/;�v� e...„ •tv�c1�>+3 yM&1 S. Location of Premises: 550 OiopR rr4aN OYi ve , gaga v1 /'//J '5/-693 -- `'O/Q address phone 4. Corporate applicants having beneficial interest: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: 5. On -Premise Manager �f1 �; s Svr;oo - DOB -12_./_,L3.' Residence Address: r.� ::K- `'' ' Phone: (-57- e(15-3. - 97/.7 . -.1-. ...• 6. Have you ever been oonvjed of airy creme of violation of any ordinance, other than traffic? Yes No 1 If yes, give information as to the time, place and offense for which convictions were had: 7. List the names, residences and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character. Name Phone Residence Address Business Address Name Phone Residence Address Business Address Name Phone Residence Address Business Address In accordance with City Code Section 6.39, the City Council may require other information upon request. Date: D 0 )1 (Signa a of Applicant) Subscribed and sworn to before me ��ppdp this --,7(04`' day of e/A/e, =�9- adi Notary Public (seal) 6.95 city of eagan DATE: TO: FROM: SUBJECT: POLICE DEPARTMENT MEMO JUNE 28, 2000 CHIEF KENT THERKELSEN DET. DOUG MATTESON/10 MASSAGE THERAPY LICENSE: SOUTHWEST AREA YMCA/MICHAEL WILLIAM BENEDICT INTRODUCTION: I conducted a background investigation for application for massage therapists license on Michael William Benedict, DOB: 06/30/50. Mr. Benedict has made application to conduct massage therapy at the Southwest Area YMCA, located at 550 Opperman Drive in Eagan. Also included on his application is the application for massage therapy business license at the Southwest Area YMCA, as they currently do not provide massage therapy as part of the membership package at the YMCA. The YMCA does meet the requirements as set forth in the ordinance regarding the type of facility and zoning requirements. II. BACKGROUND CHECKS: All necessary criminal background checks were run on Mr. Benedict, including NCIC, local warrants, and MN driver's license checks. There is no indication of any criminal activity as a result of these checks. Further, I have contacted the City of North St. Paul, MN Police Department, where Mr. Benedict has resided for the past six years and they have no history with him. Mr. Benedict's employment history indicates he is a teacher at the St. Paul Technical College in St. Paul and further, he is certified in therapeutic massage and body work from the National Certification Board for Therapeutic Massage and Body Work. III. CONCLUSION: A review of this application shows that all proper documents have been submitted with this application. Based on the information, I find no reason to deny a business license for massage therapy at the Southwest Area YMCA. Further, I see no reason to deny the applicant, Mr. Michael Benedict, the requested permit to practice massage therapy within the City of Eagan.