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08/15/2000 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING AUGUST 15, 2000 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS V. CENTRAL PARK UPDATE VI. CONSENT AGENDA p z A. pitB. f C. FID D. P a� E. PIF. p15G. pa H. I. pa9 J. p 3D K. en L. 'ram.M. N. rp O. P PptfQ. e89R. PERSONNEL ITEMS CONTRACT 00-07, receive bids (Hwy 13 upgrade) CONTRACT 00-01, approve Change Order and request for extended work hours (Cliff Rd. Water Treatment Facility - Masonry Restoration) PROJECT 680, authorize conveyance of land for public right-of-way (Cliff Rd. Upgrade) PROJECT 96 -HH, acknowledge completion/authorize City maintenance (Eagan Oaks 2nd Add.) CONTRACT 00-10, approve Change Order No. 1 (Bituminous Seal Coat "Liquid Road" & Striping - City Streets & Parking Lots) PROJECT 784, approve easement acquisition and assessment agreement (Louis Lane - Streets and Utilities) REVIEW list of judges for the September 12, 2000 Primary Election and consider approval thereof FINAL PLANNED DEVELOPMENT, CSM, Inc. to allow a 77,300 SF office -showroom located north of Lone Oak Road and west of Lone Oak Drive on the 21 acre Lot 2, Block 2, Blue Ridge Addition in the SW '/a of Section 1 PROJECT 750, receive feasibility report, schedule public hearing (Hwy. 55 So. Frontage Rd. - west of Hwy. 149) COMPREHENSIVE GUIDE PLAN AMENDMENT, Wal-Mart Stores, Inc., amending the use of 15 acres from IND (Limited 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 I -35E, south of Homestead Village across from Clubview Drive in the NE 1/4 of Section 10 FINDINGS of Fact, Conclusions & Resolution of Denial for Blackhawk Glen 4th Addition - Doug Hoskin ACCEPT resignation from the Airport Relations Commission LICENSE RENEWAL, tree contractor LEXINGTON Pointe 14th - trail easement AUTOMATED pawn system service agreement with the Minneapolis Police Department 1999-2001 Minnesota ReLeaf Community Forest Health Grant Agreement AMENDMENT to MLC Joint and Cooperative Agreement VII. �►�j 6:45 - PUBLIC HEARINGS P 1t A. VACATE public drainage & utility easement (Cinnamon Ridge 2nd Addition) p IVO B. VACATE public drainage & utility easement (Silver Bell Addition - Outlots 2 & 3) pal \ C. VARIANCE - Kathleen Anderson/Dennis Drinkwine, of 6' to the required 30' setback from public right-of-way in a PD (Planned Development) zoning district for Lot 5, Block 4, Coventry Pass, located at 607 Eden Circle in the NE 1/4 of Section 24 op D. MINOR SUBDIVISION - Bruce Konold, to approve a Minor Subdivision (Konold Addition) located south of Lone Oak Road and west of Pilot Knob Road in the SE '/s of Section 4 VIII. OLD BUSINESS Olt° A. REQUEST to reconsider - Saleem Raza, to reconsider the denial of the Minor Subdivision request of Ray Brandt for a 28,989 square foot lot located south of Wescott Road between Stony Point Road and Hyland Court in the NE 1/4 of Section 23 IX. NEW BUSINESS P A. CONDITIONAL USE PERMIT - Space Center Air Cargo Inc., to allow the establishment of a freight terminal upon a site located northwest of Kennebec Drive and southwest of Freightmasters and a FINAL PLAT establishing a 14.9 acre lot upon property currently platted as Outlots 2 and 3, Silver Bell Addition in the SE Vh of Section 18 X. LEGISLATIVE/INTERGOVERNMENTAL 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 8-11-00 - 10:30 a.m. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 1, 2000 A special meeting of the Eagaq. i.ty Council was held on Tuesday, August 1, 2000 at 5:00 p.m. in the Eagan City Council Chambers.iiii resent were Mayor Awada and Councilmembers Bakken, Blomquist, Carlson and Masin. Alstgf went were Director of Parks and Recreation Vraa, and City Administrator Hedges, Senior Planner,. :*tt°W.Y Dougherty. . Councilmember Carlson moviiiVi rouncilmember Bakken seconded a motion to approve the agenda. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors to be fiat. -. REVIEW APC/APrC TASKRCE FAINGS ON GREEN SPACE STANDARDS Director of Parks and Recreaxypf};'. r• t.Oted;tb0.t.g;Green Space Committee had met several times to research green space standarik:MKtit�'4�,•: •�t'y Davis,Chair of the APrC,updated who u the Council on the Committee's findings. He noted• t�ia't' the Committee had agreed to establish minimum green space area requirements for commercial .gild industrial uses. He stated that the Committee also suggested reducing the parking lot dimension requirements for retail/commercial uses. He further stated that the size and number of stalls based on the use and occupancy of the property is greater than required. He said that some developers feel tt.t more trees could be saved if the parking lot size and stall numbers were reduced. He noted. Okagglif# present time the minimum stall size is 10' X 20' and the Committee is recommendin A• `' Sti'Fi.9' X 19' stall size. He also noted that the Committee was recommending revt$i4:; ili;iii kIn .: upply requirements for retail commercial and office uses. He furnished the preseidfi'stjuare footagA. �quirement for off-street parking for both retail commercial and office uses. He added�rt;fl# $Kr.gnt'standard results in excessive impervious surface coverage. He stated that the Committee i's'e • • :.'Yt pc g• one off-street parking space for every 200 square feet of floor area for retail commercial and�Olga:.4 Mr. Davis went on to explain .that staff was asked to develop concepts changing four sites within the City, Eagan Promenade, Cliff Lake Center, Thomas Lake Center Texaco and Trapp Road Commerce Center, by overlaying them with the Committee's recommendations to determine whether there is arty benefit to developers. He noted that it was determined that there was a positive impact on water quality with a cost benefit to devc t , HeAtipkgtat the Committee suggested the minimum green space be 30%. Carla Heyl, Chair of the Arr, concurr '•'d' with Mr. Davis' comments, noting that the APC generally agreed with the Green SpaOtoinmitiO recommendations. She added that some of the APC members felt that 30% green spa ims!::•*sd jQ g#peim ;for industrial but might be adequate for commercial uses. She further noted notediiiiiitiiiiiiiiiiiik:liWittOviously been approved for smaller parking stalls. She added that the Planning Commission questioned whether a percentage of smaller and larger stalls could be considered along with a graduated increase. She further added that members concurred with the 9' X 19' requirement. Councitmember Blomquist stat •Ayill size was approved in an effort to prevent damage to cars. She said she was ifig`Ii4ditional green space if damage to cars Will increase due to smaller parking sta11R:: a commented*t more green space could be available from the number of lots that are larger than' necessary rathei't7i'an by decreasing the size of parking stalls which could result in damaged vehii Eagan Special City Council Meeting Minutes; August 1, 2000 Page 2 Mayor Awada supported the of the graduated scale for parking. Councilmember Carlson referenced the excessive number of piglet% stalls in the Wal-Mart parking lot and said she concurred with the graduated scale. She expressg4s9nsemmtrit;13Athigh cost of industrial property. She further said that 20% green space for industriligE*Wkimptftgten space for commercial property would be sufficient. She stated that she wailitti4ittifi'44:4ligiiit*9on the parking requirements in order to obtain more green space. She added #14 she was not opposed to the 9' width for parking stalls. She further added that if the developer ifittring to be required to add more green space then something should be offered to the developer. • Mayor Awada said she did not support the 9' width for parking stalls but would be agreeable to reducing the length from 20' to 19'. She added that if the length of the parking stall is reduced and a graduated scale is used in additioneNthe increase in green space it would result in smaller lots. Councilmember Carlson stated that ifereductiWn parking requirements and the increase in green space would work in tandem. Senickitlanner galey mentioned that there are merits to requiring a minimum amount of green space tuidtted that: -Mart desired to provide more parking stalls than were required by Code. Mayor Awada moved, CounCiliiiiiiri4i;:ifiiiiiiiiiigi:iWcibnded a motion to amend the City Code to require that not less than 30% of a commercial site and 25% of an industrial site be devoted to green space, to reduce the parking stall dimensional requirements fa retail commercial uses to 10' x 19' and to approve the APC sliding scale as determined by staff. Councilmember Masin suggested amending tln.cogi to allow for a certain number of smaller and larger parking stalls within a parking lot.1404i/Viiiiii:da stated that there would be no way to police this. She added that a developer. goNftigiii6ifilriance to the parking width requirements.. ....:,:•:•:•:•:•:•••••• • ::•:•:•:•:•:•• • • Councilmember Bakken suggestgclof*ndly alikndment adding language to the ordinance that will accommodate those properties that iifi.:4*itipziffsloped so they will not have to undertake any renovations in order to be in compliance. MaydeiVikik44014 Councilmember Blomquist accepted the amendment. City Administrator Hedges noted that the APrC, the APC and the City Council would have an opportunity to further review the draft ordinance. Councilmember Masin asked if..0).q..:preen Seiv .Committee received feedback from any developers. Mr. Davis stated that oilifigMtr..00:44010d and commented that the parking stall sizes were prohibitive to increased grtgOace7lEiii:i:.::iii::*" ' ...." • ' :4•.;:::::e ‘4.7:::::: . . Councilmember Carlson askyttiow the.gieperty owners who live outside the City would be contacted to obtain their feedback. .:A.4.im tor HedAes stated that staff has a list of developers and will make every effort to contact .......•;iiiiiiiig**. • .....• •••:•:.: ..! A vote was taken on the motion. Aye: 5 Nay: 0 2001 CIVIC ARENA BUDGET Eagan Special City Council Meeting Minutes; August 1, 2000 Page 3 • replaced with an electric edger for air quality reasons. He further said that a floor scrubber would be purchased. Mayor Awada asked if thud for the electric edger was solely for air quality reasons. Vraa explained' that the new edger woi:#ielp to better maintain air quality standards. Discussion occurred regardingsgi:;{ ts. Mayor Awada asked why salaries were 10% higher than year 2000 i•:isalaried:: Vraa stated that all employees will receive step increases qAfurther noted that the compensation study also resulted in salary increases. City Administrator Iges said that the increase reflects the outcome of the compensation study, which indicated eilisparity in wages in comparison to other civic arenas. Councilmember Carlson asked why there was an increase to the salaries of temporary workers. Vraa stated that the temporary employees will also receive salary increases and are needed to work additional hours to staff other events. Mayor Awada said that the a fic edge: ould not be purchased at this time. Councilmember Carlson stated that she did not think rigOe tempddigy employees should be hired and added that the schedule should be re-evaluated to de prime wlgiimount of staffing is adequate. She questioned the $1,000 that was budgeted for confererices and schiS61s. Director of Parks and Recreation Vraa said that he wanted Civic Arena Manager MarlOiriit iic;id 4 l R 4 enue Resources and Management school put on by the National Recreation and:? and:Mti:Witieskiiitiiii0Aiiiii addressees elements of revenue production and control. Councilmember Carlson questioned the amount budgeted for maintenance contracts. Director of Parks and Recreation Vraa explained the purpose of the maintenance contracts. Councilmember Carlson said she would like to know what other area arenas,:* charging for ice time. She added that concern had been expressed about the softening pAorotwo time. She noted that last year the Eagan Hockey Association had to purchase 15 hotd•$: od gdher arena. She disagreed that a soft market existed. She questioned if schedulineiEW:tiiife was 15411g maximized. She further questioned how many hours were rented on Sunday rflelits,:.she added: hat the City Council needs more information. Councilmember Masini noted that maximi t • t iii:OA4M4u1e regarding ice time is staff s responsibility. Mayor Awada said she would be interested in kriciti i4i t ether arenas are charging and added that Eagan should be in the middle with their charges. She KiiitiOgsaid she would like to find_a way to balance this budget. Mayor Awada moved, Councilmember Bakken seconded a motion to schedule the Civic Arena budget for discussion at the August 15, 2000 special City Council meeting. Councilmember Blomquist req, t3: t a is'f ck evaluation be included with the other information. A vote was taken on the motioA. Aye: 5 _May: 0 DISCUSS CONSULTANT SELEC1Ei: • CONSTRUCTION MANAGER & PARK PLANNER AND PRC) E!S">t�CY' .• 8' -. YflCUS GROUP MEMBERS City Administrator Hedges provided an overview on this item. Mayor Awada presented options to.;: •Quncil for interviewing the consultants for architect, construction manager and park.: • • q suggested Blomquist su ested that the entire City Council participate in the intervi :;: �ouncilrrient kpgreed to conduct the architect interviews on August 22 at 12:00 p.m., the park ptditier interviews of j igust 24 at 12:00 p.m., and the construction manager interviews on August 25 at, a;Q0 p.m. Eagan Special City Council Meeting Minutes; August 1, 2000 Page 4 Discussion occurred regarding filling the focus group vacancies. City Administrator Hedges referenced an advertisement that will b ..pjaced in the local newspapers soliciting applicants. He added that the actual selection could occur at t iiiAugust 15 or September 5 City Council meeting. Councilmembers concurred with makir[gthe appointments at the September 5 City Council meeting. Councilmember Masin asked Ifs• •. �• ;• � • ;'�;jtdi:pitc+i;�jipprk better for conducting the interviews, which would provide the public with a}1.ppportun W to attend. Director of Parks and Recreation Vraa stated that it takes a significant amound3time for these firms to make their presentation and only scheduling the interviews in the eveniti . ould be cumbersome and inefficient. Councilmember Blomquist said that the ordinance states that only Eagan residents may be appointed to serve on task forces. She stated that it was important that the talents of Eagan residents be utilized and noted that the last task force was comprised of individuals who did not live in the City. She suggested changing the language in theess rele.regarding the representation of the focus groups to be "Eagan residents" versus "individut'f;." Courtiq'►ember Carlson stated that individuals who own a businesses or property or work in the are alsagakeholders. Councilmember Blomquist suggested that a motion be made to identify how'tiny indi•t,als may be from outside the City. Mayor Awada disagreed and noted that the ordinance a pit .. i.,13 gRts_to specific commissions and committees. City Attorney Dougherty stated that tiibktkiii ii 2•• M:tc landing commissions and committees of the City Council. He further stated that the City Council lias the freedom to form special ad hoc committees and the provisions of the ordinance would not apply. Councilmember Blomquist said that the City Council should determine how many outside participants could be appointed to the focus groups because it is important for Eagan residents to plan and design the facility. Mayor Awada added that she did not know of any other committee or task force where a majority of the participants were not Eagan residents. POLITICAL SIGNAAMONOACIL PUBLIC RIGHT-OF-WAY Councilmember Carlson mentiar(04. EiOr s not necessary to discuss this item because it was determined that the installation of political signs ii ;*prohibited by City ordinance. Mayor Awada stated that information regarding political sigtiltl$s nt should be distributed to all City Council candidates. OTHER BUSINESS There were no items for other business. The meeting was adjourned at'a.1proximare1$ 6:15 p.m. Date MLK Deputy City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 1, 2000 A regular meeting of the Eagan City Council was held on Tuesday, August 1, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present wimPlayor Awada and Coundlmembers Masin, Blomquist, Carlson and Bakken. Also present were Ctadministrator Tom Hedges,' Senior Planner Mike Ridley, Director of Public Works Toni Colbert, an`ty Attorney Mike Dougherty. City Administrator Hedges note4t Item IC, City Contract 00-10, Bituminous Seal Coat (Liquid Road) & Striping (City Streets & ?Acing Lots) and Item L, Exemption from lawfulgambling license, Girl Scouts to conduct bingo and raffle on August 26 at the Eagan Civic Arena were being added to the Consent Agenda. He further noted that, under the Administrative Agenda, five special City Council meetings would need to be scheduled for August 15 at 5:00 p.m. to discuss the Civic Arena budget, August 29 at 5:00 p.m. to discusOof General Fund Operating Budget for 2001 and August 22, 24, and 25 at 12:00 p.m. for the purposes:Q onduct okinterviews for the general architect, park planner and construction manager for the centraE:.irk devekpnent and community center.. Councilmember Bakken moved'dmicilmgigier Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 Councilmember Carlson noted that in the first sentence of the fifth paragraph on page one the name Carson should be Carlson. Mayor Awada moved, Councilmember Car15 d a motion to approve.the minutes as amended. Aye: 5 Nay: 0 h MUTES OP ' ` 1$ : E LAR ME TIN Councilmember Carlson moved, Mayor b$ded a motion to approve the minutes as presented. Aye: 4 Nay: 0 (Councilmember Bakken a8Stit tecause he was absent on military duty) • ................................................................ ................................................................ Dave Anderson, 4086 Foxmoore Court, indicated that he was representing a group of homeowners who are concerned about thuski.dial improvements to Dodd Road. He requested that this issue be placed on the next City Co : da,.:3 that there is a large group of residents who are opposed to the upgrade and fioii o1`iik;::i�, ntifted that they felt this was an invasive project for those living along Dodd Rea i8 He asli@(#, vhere the demand for the project came from. He said that they would like to protect t1 !.ral natuft.pf this roadway and questioned the rationale for improving the road. He added that 40,;:ty.lity.liolglot of money to spend when there is no information indicating that Dodd is in a state of df cit i:ndle the current or projected traffic. He expressed concern about increased traffic an�E'[ittivfi�diifi}[ital impacts. He stated that less invasive measures should be considered, such as a reduction in the speed limit, a bituminous overlay, and the addition of shoulders and stops signs at intersections. He asked how the improvements would be financed. Councilmember Carlson stated:, . " ted that this issue be brought to a special City Council meeting for discussion. Dire ffiedpublic W i Albert noted that staff was unable to commit to a specific meeting date at this time:..# a explained the rifftess of information gathering and added that the residents would be involvectanthe process at the opriate time. He further explained why Dodd Road was identified for imprent in the Capital:. rovements Program. He added that residents would be invited to an inf� the information is gathered and EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 1, 2000 PAGE 2 alternatives are identified. He said that it was hoped that the feasibility report would be completed by the end of August. maw BYan • JULY siigp 9 STORM UPDATE • City Administrator Hedges provid *WarkMAtmetievery effort of the July 8 and 9 storms. He added that an extension is nee neeifiitraitiiii4440tbris. He stated that the Engineering Department is conducting an analysis of tlxVorm sewer system and will be scheduling meetings with residents who have contacted City Hall wyi pecific drainage concerns. He further stated that all the information compiled by the Engineering b4artment would be presented to the City Council this fall. He mentioned that Councilmember Blomquist was in attendance at a support group that met on Monday evening. PRESENTATION 44WHEC1117 EAGAN FOUNDATION Mayor Awada mentioned that thf gan Foi ation has been raising money for flood victims. She presented a $20,000 check from Lockjd Mart3b Tom Endersbe, President of the Foundation. She noted that two thousand dollars was also colledecl:from employees of that organization. She mentioned that Oasis Market would be I J g:g t ;a f; pproximately $16,000, which represents a percentage of each cup of Tom Endersbe stated that the Foundation has exceeded $30,000 in collections to date. He said that another major contributor would be announced in the near future. He thanked everyone for the support. He stated that the Foundation would be distributing the funds through the Red Cross and VOAD. He added that an unmet needs committee would bepoied to determine how to best serve the needs of residents. Mayor Awada stated that most 's iiiajor ¢rporations have contributed to the relief effort in some fashion.• Councilmember Masin urged residents CO dtiLfA}lt.Sgir experiences with the flood and offer any suggestions they may have for updating and improv?2ity's Emergency Management Plan. Councilmember B7omquist mentioned that a support group is meeting every Monday at St. John Neumann at 7:00 p.m. A. Personnel Items Item 1. It was recommended to approve the hiring of Bradley Champlin as a seasonal touch football official. Item 2. It was recommended to approv•e.: •• i goo $ Kellum as a seasonal assistant skating •instructor at the civic arena. B. Findings of Fact, Conclusions & lipplution of Denial foQardenwood Ponds Fifth Addition. It was recommended to confirm the Finding. Fact, Conclusion$.Resolution of Denial of the Minor EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 1, 2000 PAGE 3 Subdivision request of Bray Brandt for a 28,989 square foot lot located south of Wescott Road between Stony Point Road and Hyland Court in the NE 1/4 of Section 23. C. Accept donation from the Eagan Citizens Crime Prevention Association for the National Night Out event. It was recommended to accept tj .conation from the Eagan Citizens Crime Prevention Association for the National Night Outfit. D. Commercial Fertilizer and Tree Co b . . p lty Lawn Care: It was recommended to approve the commercial fertilizer and t ; pgi' qir : ot.Specialty Lawn Care. E. Contract 00-05, receive bids/award iFract (City-wide Sidewalk & Trail). It was recommended to receive the bids for Contract 00-05 (Citywide Trail & Park Improvements - Thomas Lake Park & Goat Hill Park), award the contract to Bituminous Roadways, Inc. for the Base Bid in the amount of $312,550 and authorize the Mayor and Deputy Clerk to execute all related documents. F. Project 99-S, Apollo Business Park, adowledge completion/authorize City maintenance. It was recommended to acknowledge the contion of Wect 99-S (Apollo Business Park - Utilities) and authorize perpetual City maintenancespect to vanty provisions. G. Contract 00-03, Change Order #1 (Gidiude Avek ld Sibley Memorial Hwy./Lone Oak Circle - Street Overlay). It was recommended to appme:,gmeipp**9.:.l;.to Contract 00-03 (Galaxie Avenue/Old Sibley Memorial Highway/Lone Oak W*S• • • '• • • Mid authorize the Mayor and City Clerk to execute all related documents. H. Final Plat, Northwood Business Park 2nd, Rock Cliff Development. It was recommended to approve a Final Plat (Northwood Business Park 2nd Addition) consisting of one lot located north of Northwood Parkway between Lexington Avenue and I -35E in the SE 1/4 q(.Section 10. I. Exemption from lawful gambling license, • i limited to conduct a raffle on September 14, 2000 at Royal Cliff Banquet Facility.r*igiie(Omm¢I%ded to approve an exemption from the lawful gambling license for Eagan Ducks Unlfiiiiteii tp conducfgraffle on September 14, 2000 at Royal Cliff Banquet Facility.• J. Temporary on -sale liquor license for Faithful ShepHefd iAi ;plic School. It was recommended to approve the temporary on -sale liquor license for Faithful Sheli1ierd Catholic School. K. City Contract 00-10, Bituminous Seal Coat (Liquid Road) & Striping (City Streets & Parking Lots). It was recommended to approve the request for extended operating hours for Road Surfacing Technologies, Inc., from 7:00 a.m. to 7:00 pm.t., Sundays, except for legal holidays, until September 10, 2000. L. Exemption from lawful gambling e, Girlifs to conduct bingo and raffle on August 26 at the Eagan Civic Arena. It was recommen gi to approvsthe exemption from lawful gambling license for Girl Scouts - Eagan West Service UnititiR; onduct ! o and a raffle on August 26, 2000 at the Eagan . Civic Arena. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 1, 2000 PAGE4 Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she dosed the public hearing. • Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the vacation of public drainage and utility moment on Lot 1, Block 1, Pines Edge 4th Addition and authorize the Mayor and City Clerk to flute all related documents. Aye: 5 Nay: 0 RIGHT -OF 46SigepinaMpRDINANCE. City Administrator Hedges praO3ded an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Awada opened the public hearing to anyone -wishing to speak. There being no one, she dosed the public hearing. • Councilmember Carlson move:€ouncilmember Bakken seconded a motion to approve the revised Right -of -Way Management Prdgn and Jted City Ordinance. Aye: 5 Nay: 0 Director of Public Works Colbe$thankecf k1 representatives from NSP, DEA, People's Natural Gas and Koch Refinery for their input on this ordifi iice. He also thanked Public Works Coordinator Tom Struve for his efforts. MINOR SUBDIVISION, BLACKHAWK GLEN 4TH ADDITION - DOUG HOSKIN 3640 BIRC HPOND RO4D AND EASEMENT VACATION, LOT 30, BLOCK.?flO �iCKHAWK GLEN 2ND ADDITION City Administrator Hedges prsl is : ,{K% vijii on this item. Director of Public Works Colbert gave a staff report. George Bohlig,1680 Blackhawk Cove; it* :11elped develop these lots and explained why covenants were not placed on this lot preventing a 1 F:.f ;urged the City Council to consider the fact that it was intended that the lots in this development be'l rge and have covenants preventing their subdivision. He added that the neighbors bought homes in this development with that understanding. Barry Morgan, representing Doug Hoskin, stated that Mr. Hoskin bought the lot with the intention of subdividing it. He added that this is a buildable lot, which meets all the requirements of the Minor Subdivision Ordinance. He furthez.4that tiN,T wctuld be minimal impact to the adjacent residents. Dick Reid, 3690 Birchpond Plat '•stated tItittte minimums seem very small and said that the Council would be inundated with reqs for lotOtgits of larger parcels. He added that subdivision of lots should not be allowed in an area thoti*AireAtikigtaisshg4 with homes. Joan Bohlig,1680 Blackhawk Cove, noted thafthiiiiaCing of the homes on these two lots would not be the same as the other homes in the neighborhood. She said that Mr. Hoskin has his home listed for sale and would not be living in the neighborhood to experience the repercussions of this action. She stated that allowing this lot split would set a bad Erecedent. Doug Hoskin, property owner, Ofeafr` p*b speculation that he would sell his lot and • leave the neighborhood. He added tha ; ftbot conforms hi* ordinance requirements. Councilmember Carlson stater $ , at the ordinance 41f3ieveloped for a specific reason, which was not intended to allow everyone tcliAt lyyi �.prg :iit&.quick and easy fashion. She noted that the property owner stated that the lar •' pi.W ti cS; q't t fcted him to the area and said that the EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 1, 2000 PAGE 5 large lot sizes are conducive to this neighborhood. She stated that the lot was not intended for future subdivision. She added that he is taking one of the larger lots and subdividing it so that it will become two of the smaller lots in the development. She said that the intent for this lot was that it would be available for ponding and drainage. Councilmember Blomquiststat 2iat she remembered that this lot size was intended to be large to accomodate storm water stor g nd drainage. She further stated that the easements to be vacated were originally dedicated as pag:of::$ 2nd Addition development for drainage and utility purposes. She noted that thA * .*c i 3e existing storm sewer lines and a drainage pond. She further noted thate,only way tiie'Yot could be split into another buildable lot was to add fill. She questioned why the Cowl would approve the vacation of additional land that could be utilized for drainage in light of the receiiif:# ood. Councilmember Blomquist moved, CouncilmemberMasin seconded a motion to direct the preparation of Findings of Fact, Condusions and Resolution of Denial for the Vacation of public drainage and utility easements within 1,r43,30, Block 3, Blackhawk Glen 2nd Addition (3640 Birclipond Road), and a Minor Subdivision (B1ackiNk Glen.,4,: Addition) of approximately four acres to create two single-family lots on property locat.at 3640chpond Road, currently platted at Lot 30, Block 3, Blackhawk Glen 2nd Addition, located i :j%e SW 1,§ig Section 16 for consideration at the August 15, 2000 City Council meeting. Councilmember Masin express***NORMIATAkning walls. Mayor Awada stated that the minor subdivision process was created by the Council to make it easier for lots to be subdivided that were in conformance with the existing character of the neighborhood. She added that the City Council should review the ordinance. Councilmember Carlson suggested the ordinaRc :pced on a special City Council agenda as soon as possible. She added that the notificaawR'.p S 4'siiri evelopment signage should be discussed in addition to language that states a lob #0ib character fii formance with the of the existing neighborhood. A vote was taken on the motion. Aye�'��i�7 X11 Mayor Awada moved, Councilmember Blomquist segbihded a motion to direct the review of the • Minor Subdivision Ordinance at a future work session. Aye: 5 Nay: 0 RECONSIDER CONDITIONS OF APPROVAL FOR THE MINOR SUBDIVISION OF VERDANT HILLS.T413 ADDITION - KEN GREENE City Administrator Hedges prOpeT'iliia: fi?v ew:fi*i t his item. Mayor Awada asked if the City could replte, Mr. Greene to connect to City utilities. City • Attorney Dougherty said he was not 44 a of anportunity to ensure that the service connection • occurs. Mayor Awada asked if the i $2ti1, ,SS f,'' �:t} for the connection fee. Director of Public Works Colbert explained that the main concern is that the connection to sewer and water occurs. EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 1, 2000 PAGE6 Councilmember Carlson stated that if Mr. Greene is going to remain in the house he would need to connect to utilities. City Attorney Dougherty stated that the City could control the financial responsibility to Mr. Greene but could not control whether he connects to City utilities. Mayor Awada said that she was comfortable with requiring Mr. Greene to place money in an escrow account for future connection charges. Director of Public Works Colbert noted that the escrow account should also contain fluids that would cover the cost to abaria and cap the well and septic system as well as the installation/connection services. Mayor Awada moved, Coundljt:,efd a motion to reconsider the conditions of minor subdivision approval (Verdant.46 2nd Addition) located south of Woodland Court and east of Wescott Woodlands in the NE 1/4 of *lion 14 subject to the following conditions: 1. The applicant shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Al, B1, El 2. Architectural designs z�kd constr�}�{on methods for new construction shall incorporate sound attenuation stariOds suffiiigit to achieve an interior sound level of 45 dBA. This will require an insftie noise 1 itil reduction of at least 20 dBA. 3. Proposed Lot 2 shall bt:S i. R:1 t dication of $1,272. 4. Proposed Lot 2 shall be subject to a cash trail dedication of $168. 5. Proposed Lot 2 shall be subject to a cash water quality dedication of $2,091. 6. The existing house ort Lot 1, Block 1 s j .innected to the City sanitary sewer and water main systems prior tq, , , Vii; {3E) 7. The applicant shall escrrtiW'fiwds equal3ii the cost of abandoning all well and septic systems within the subd v idfi�3 1139tordance with City and Dakota County standards and connection charges for Cit j%' 69 Aye: 5 Nay: 0 RECONSIDER ACQUISITION AGREEMENT WITH WISPARK REGARDING FUTURE DEVELOPMENT OF THE KOLLOFSKI'S PLAT AREA City Administrator Hedges proi;i;pvethis item. Mayor Awada moved, Counmber Cbn seconded a motion to reconsider the acquisition agreement with Wispark Corporation psodatioj with the sale of five City -owned Kollofski plat parcels located in north central Eagan;:: jye_ 3 IsfIV 2 (Coundlmembers Blomquist and Masin opposed) Councilmember Blomquist inquired about the appraisal for the Imre property. City Attorney Dougherty stated that when the City Council directed staff to negotiate with Wispark an appraisal was conducted and it was shown that the market would bear $2 per square foot for the property. Councilmember Bakken moved,..gcc 1$115A 4t arlson seconded a motion to approve the acquisition agreement with Wispark Cgt dtion in igkii ion with the sale of five City -owned Kollofski plat parcels located in north al Eagan. Aye Nay: 2 (Councilmembers Blomquist and Masin opposed) EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 1, 2000 PAGE 7 • CONSIDERATION OF ARC RECOMMENDATIONS REGARDING NORTH/SOUTH RUNWAY FLIGHT TRACKS City Administrator Hedges provided an overview on this item. Assistant City. Administrator Verbrugge gave a staff report. • Mary Teske, 2292 Clark Street, iitp+essed concern that residents may be misunderstanding the flight maps. She added that flight track.Ra.t.dar Grove area. She noted that at a recent meeting, MASAC mentioned tha;',A'.'+c•dfvith regard to the location of Flight Track A and they were over one mile a 4.a 1ia1f off iri their calculations. She stated that more public meetings should be held. Charlie Hubbs, 4921 Slater Road, stated that his neighborhood already receives over 180 flights per day. He asked the City Council to reconsider the ARC's position with regard to the flight track along the Cedar Avenue corridor. Mayor Awada noted that the 1 behindij flight tracks being routed along the Cedar Avenue corridor is that noise from the freeway' el offset ;noise of the overhead flights? Assistant City Administrator Verbrugge stated that a 5gle fligliWyent generates between 70 to 80 decibels of noise and lasts approximately 20 to 30 secont .:: Mayor:Vvada said that she did not want to minimize Mr. Hubbs' concern; however, she added tiistt.t#, :fRomjwioise. ,s4uder than the noise generated from the airplanes. • Coundlmember Carlson moved, Mayor Awada seconded a motion to approve the Airport Relations Commission's recommendations as follows: • Appeal low -demand flight tracks at MASAC Approve MAC insulation priority schedule aryd:. parate MAC funding for multi -family Approve MAC recommendation for iiisulation options in DNL 60-64 Approve MAC recommendatic}itiiiitdsting Contour Boundary Policy Aye: 5 Nay: 0 The meeting was recessed at 8:40 p.m. andreibat 8:45 p.m. NEW1 COMPREHENSIVE GUIDE PLAN AMENDMENT & REZONING UPON PROPERTY THAT IS BEING CONCURRENTLY DETACHED AND ANNEXED FROM THE CITY OF INVER GROX:g HTS;i I CITY OF EAGAN .City Administrator Hedges piled anip 'view on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken movi*PstaaNtbttawk_ seconded a motion to direct that a Comprehensive Guide Plan Amendmthtttitalb>iiii 2:# ;: igle Family land use guide plan designation upon approximately 0.46 acres of land located south of Hwy. 55 and northeast or Black Oak Drive, east of the NE 1/4 of Section 12, be submitted to the Metropolitan Council for review and approval. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 1, 2000 PAGE8 Councilmember Bakken moved, Mayor Awada seconded a motion to approve a Preliminary Subdivision (Orchard Heights) to create 11 single-family lots on 4.43 acres of property located north of Black Oak Drive and south of Hwy. 55 in the NE 1/4 of Section 12, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February:;blli:3993: Al, Bl, C3, Hl • • 2. The land within the prdp8i]E4tlai:eihtly located within the City of Inver Grove Heights shallbeched from Inver Grove Heights and annexed into the City of Eagan. 3. The City Eagan must amend its Comp Guide Plan to indude the land annexed from Inver Grove Heights and designate a land use for such land prior to final subdivision approval. Following the amendment to its Comp Guide Plan, the City of Eagan will be required to rezone the r .perry that was annexed from Inver Grove Heights. 4. The property shall be j3*tted. 5. Architectural designs and construe fibn methods for new construction within the development would itk a po * * sy { ; 1iq tion standards sufficient to achieve an interior sound level a noise level of 65 DNL. This would require an inside noise 16ve1 reduction of at least 20 dBA (DNL level minus required dBA level). •• 6. The developer shall be responsible for installing a fence along the top of the proposed retaining wall along the south edge of Lot.:1111 : 7. The existing driveway frno. .antot�8 onto Highway 55 shall be removed as part of this developme t,dM atternatijie:driveway access established from Black Oak Court. • 8. The existing house on Lot 8 shall•6is:tD 31d to the City sanitary sewer and water main system as part of this development:' • 9. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone; whichever is greater, of significant trees/woodlands to be preserved prior to commencement of gradin g�.activities. This tree protection fencing shall be installed on Lots 5, 6 and 8. , '. 10. The applicant shall cckttact the Ott:Forestry Division and set up a pre -construction site inspection at least five xii ys prior .I.he issuance of the grading permit to ensure ' compliance with the ioyedT• Tteservation Plan and placement of the Tree Protection Fencing. 11. A cash dedication in lieu of on-site water quality ponding shall be required for this development. EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 1, 2000 PAGE 9 Councilmember Carlson said that the lot lines of the back yard of the new lots do not match the lot lines of the pre-existing back yards. She questioned if the lot lines could be compatible. Mr. Gonyea explained that the lots lines do not match because the cul-de-sac placement was affected by the Highway 55 right-of-way. Councilmember Blomquist stated that there are other neighborhoods where the lot lines do not match. A vote was taken on the motiore: 5 Nay: 0 • PLANNED DEVELO ' ¢ :ajE$$;is;#OME DEPOT U.S.A., INC. City Administrator Hedges prokitbed an overview on this item. Senior Planner Ridley gave a staff report. • • Councilmember Bakken moved, Councilmember Masin seconded a motion to approve a Planned Development Amendment to amend the site plan for The -Home Depot located at 3220 Denmark Avenue in the S 1 of Section 10 subject to the following conditions: 1. An Amendment to the' ed DQ�a, ,�lopment Agreement shall be executed and recorded against the pi 3 rty. 2. Additional ldscaping sfiallbe plroided to enhance screening of the northeast area of the building. 3. Customer loading shall not occur in the service drive behind the building. All customer loading and merchandise pick-up shall occur in the loading area in the front of the building. 4. To ensure that the service drive remains opT.gld unobstructed, the curb opposite the enclosure shall be designated and si::`o parking" area. 5. This Amendment is inp giii stippleq nt and amend the existing Planned Development Agreemttif`. All•J t.her co> tions and provisions of the existing Planned Development Agreemerif'sl )..#Hull force and effect. 6. Outside storage shall be limited to previotisl t/proved areas only. Aye: 5 Nay: 0 EMERGENCY WAIVER Old•..Q:„ QD1 :I Q is OD DAMAGED RESIDENT City Administrator Hedges miiiiiined th4li a City has use of a moisture detector meter and will be providing that service to reside; Mayor Awada moved, Coun ..2g1gpRt.c4* i1 a motion to waive City Code Sec. 1032 for the purpose of providing temporary' 2ielfer d 6i kIi1 'fivmes rendered uninhabitable by the July 7-8 flood event until such time as the home is repaired or December 31, 2000, whichever occurs first. Aye: 5 Nay: 0 SPECIAL girM OWL MEETINGS Mayor Awada moved, Councibb,OAi ter Bakken * tided a motion to schedule special City Council meetings for August 15 and 29fft :00 p.m. and Adiekt 22, 24 and 25 at 12:00 p.m. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 1, 2000 PAGE 10 The meeting adjourned at 9:00 p.m. Date VOIMENT • MLK City Clerk city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 11, 2000 SUBJECT: AGENDA INFORMATION FOR AUGUST 15, 2000 CITY COUNCIL MEETING ........................ ........................ ........................ ismu ........................ ........................ After approval is given to the August 15, 2000 City Council agenda, the minutes of the August 1, 2000 regular City Council meeting and the minutes of the August 1, 2000 Special City Council meeting, the following items are in order for consideration. On Friday, the City Administrator's office received a call from Meg Tilley of the Eagan Foundation stating that a representative from the Eagan Foundation would be present at Tuesday's Council meeting to accept a donation for flood relief from Northwest Airlines. This presentation will occur under Visitors To Be Heard. Agenda Information Memo August 15, 2000 Eagan City Council Meeting 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. Police Officers— ACTION TO BE CONSIDERED: To approve the hiring of Richard Evans, Thomas Fadden and Nathan Taarud as Police Officers. Item 2. Temporary Football Official— ACTION TO BE CONSIDERED: To approve the hiring of Jeff Freeman as a temporary football official. Item 3. Seasonal Park Maintenance Workers— ACTION TO BE CONSIDERED: To approve the hiring of Thomas Balk and Matt Brek as a seasonal park maintenance workers. Item 4. Clerical Technician M/Fire Department— ACTION epartmentACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as a Clerical Technician III in the Fire Department. FACTS: • Interviews for this position were held on Wednesday, August 9, 2000. • References are currently being checked on a candidate for the position. • It is expected that a name will be forwarded to the Council with the Administrative Agenda packet on Monday. Item 5. Resignation/Part-Time Building Maintenance Worker— ACTION TO BE CONSIDERED: To accept the resignation of Lonny Perry as a part-time building maintenance worker. 4. Agenda Information Memo August 15, 2000 Eagan City Council Meeting Item 6. Resignation/Building Inspector— ACTION TO BE CONSIDERED: To accept the resignation of Tim Fadden, a Building Inspector. Item 6. Termination/Utility Maintenance Worker— ACTION TO BE CONSIDERED: To terminate the employment of David Koski, a utility maintenance worker. Agenda Information Memo August 15, 2000 B. CONTRACT 00-07, TRUNK HIGHWAY 13 RECEIVE BIDS ACTION TO BE CONSIDERED: To receive the bids for Contract 00-07 (TH 13/Blackhawk Road — Divided Four -Lane Upgrade) and forward the results to the Minnesota Department of Transportation (MnDOT) recommending approval and award of contract to the successful low bidder. FACTS: • The City of Eagan is the lead agency in a partnership with the Minnesota Department of Transportation (MnDOT) for the upgrade of State Trunk Highway 13 to a four -lane divided highway between Silver Bell and Yankee Doodle Roads. This project was programmed for 2000 in the City's 5 -Year Capital Improvement Program (2000-2004). • This project (709R) was originally approved on May 6, 1997 by the City Council. • On May 16, 2000, the Council approved the final plans for Contract 00-07 and authorized the advertisement for solicitation of competitive bids. At 10:00 a.m. on August 8, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids will be reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations by the Minnesota Department of Transportation. The successful low bid will be recommended by the Minnesota Department of Transportation for future favorable Council action. ATTACHMENTS: • Bid Summary, pages BID SUMMARY Trunk Highway 13 Improvements S.P. 195-010-04 & S.P. 1901-137 City Contract No. 00-07 Bid Date: Tuesday, August 8, 2000 Bid Time: 10:00 a.m. Contractors Total Base Bid 1. Palda & Sons, Inc. $3,389,696 2. Valley Paving, Inc. $3,645,534 3. Danner, Inc. $3,732,799 4. Ames Construction, Inc. $3,735,019 5. Shafer Contracting, Inc. $3,774,475 6. Richard Knutson, Inc. $3,789,960 7. Hardrives, Inc. $3,869,849 8. Frattalone Excavating $4,159,463 9. Bituminous Roadways, Inc. $4,195,651 10.Ryan Contracting, Inc. $5,999,644 Low Bid $3,389,696 Engineer's Estimate $3,672,188 Percent Under (-) Estimate -7.7% Agenda Information Memo August 15, 2000 Eagan City Council Meeting C. CONTRACT 00-01, CLIFF ROAD WATER TREATMENT PLANT ACTION TO BE CONSIDERED: Approve Change Order #1 and request for working hour variance for Contract 00-01 (Cliff Road Water Treatment Plant — Masonry Restoration), and authorize the Mayor and Deputy Clerk to execute all related documents. FACTS: • Contract 00-01 provides for the masonry restoration of the Cliff Road and Coachman Road Water Treatment facilities. The contractor, Building Restoration Inc., has submitted a request to extend their daily working hours to allow a start time of 6 am instead of the permitted 7 am start time. • The second item is the consideration for approval of a change order resulting in a deduct of $51,660 resulting from a clarification of the specification interpretation used for their base bid submittal. It pertains to reduced work effort in restoring the masonry base wall flashing at the Coachman Water Treatment Facility. • Both requests have been reviewed by the Public Works Department and found to be in order for favorable Council action. ATTACHMENTS: • Letter of request, page 7 . • Change Order, page A_& �. CP Building Restoration Corporation August 4, 2000 Mr. Thomas A. Colbert, P.E. Department of Public Works City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Colbert: RECEIVED I As we discussed during the preconstruction meeting, we would like to have a variance from the City of Eagan that will allow us to perform work at both the north and south water treatment plant sites starting at 6 a.m. We do not typically work later than 5 p.m. so I do not believe that the variance would need extension later than normal. We would, of course, be sensitive to any feedback received regarding the noise associated with the work and if problems develop, we would be able to wait until 7 a.m. to begin any construction activities that cause noise. Thank you very much for your attention to this matter. I will await your confirmation that this variance is approved prior to our performing any work before 7 a.m. at either of these sites. Sincerely, BUILDING RESTORATION CORPORATION John Felton JF:fm 1920 OAKCREST AVENUE ST PAUL, MINNESOTA 55113 PHONE (612) 789-2800 FAX (612) 789-2880 wi osb i s 1 1 Ut3/09/ UU '16:33 pi :02/03 N0: 023 CHANGE ORDER NO, 1 CLIENT PROJECT NO. Date: August 9, 2000 CLIENT CONTRACT NO. 00.01 BRA FILE NO. 49-00406 PROJECT DESCRIPTION WATER TREATMENT FACILITIES MASONRY RENOVATION Building Restoration Corporation 1920 Oskcrsst Ave. N1 St Paul, MN, 55113 Engineers Bonner" Rosene, Anderlik & Associates, Inc, 2336 West Highway 36 St Paul, MN 55143 DESCRIPTION OF CHANCE ORDER WORK; Delete /id learn N0.27 at the Noah Plant end add this work ata revised Dost es Change Oros/ N0. 1 - JUSTIFICATION FOR / PURPOSE OF CHANGE ORDER The scope a( work for Bed INm No. 27 was ctazf(sd to delete replacement of the existing flashing. Therefor, the unit price Changed from 5146/LF to $22/LF, Ne. Item Ceet►set (Joh Qeaattey Ilett Teat Price Aeseisat 2 C1wh.OMs No I au CHANGE ORDER NO. 1 Delete No. 21 bid item LP -420 5145.00 (560,900.00) Reconstruct weephole. LF 420 522.00 59,240,00 Total CHANGE ORDER NO. i: ($S1;660.00) 6516361311 => CITY OF EAGAN ,TEL=6516814612 08/09'00 16:28 13Lt.Nt� I NUU RVStNt ANUERLIK W CONTRACT S'T'ATUS Orinse! Contract: Change Order: 6516361311 08/09/00 16:33 bi :03/03 N0:023 TTMVCOMPLLTLON DATE Novpnber 3, 2000 November 3, 2000 AMOUNT $648,865.50 (551,660.00) Subtotal of Previous Change Orders: $0.00 This Change Order: (551,660.00) New Subtotal of all Change Orders: 031,660.00) Revise Contract; 5597,205.30 Percent increase or Decrease for this Change Order to Original i:ontract Amount: -7.96 % Percent Increase or Decrease for total of all Change Ordrs to Original Contract Amount: -7.96 % RECOMMENDED FOR APPROVAL By: DEC: By: Date: Awr rr Mwwgw coww. . Date: City o.p#,.,..„ M.,,ui.. C.l�y •1 Eafoa Cou t& Actin: Mayor • C7krk Approval Dare: Distribution cc: I - City 2 - Contreclor 1 - Engineer I - Bonding Company Chimp QR10, N0. i.nN 6516361311 => CITY OF EAGAN ,TEL=6516814612 08/09'00 16:28 Agenda Information Memo August 15, 2000 Eagan City Council Meeting D. PROJECT 680, CLIFF ROAD UPGRADE — EASEMENTS ACTION TO BE CONSIDERED: Approve the conveyance of City property for public right of way for Project 680 (Cliff Road Upgrade) and authorize the Mayor and Deputy Clerk to execute all related documents. FACTS: • Project 680 provides for the upgrade of Cliff Road from Pilot Knob Rd. to Lexington Ave from its current 2 -lane rural road to a 4 -lane divided highway. This project was approved as a result of a public hearing held on February 15, 2000. • Dakota County is the contracting agency for this public improvement. As such, they are acquiring all the right of way necessary to construct it to the approved design. Dakota County has contacted the City informing us that approximately 9626 square feet (0.22 Acres) of City property is needed. The land is part of the City's Cliff Road Water Treatment Facility (Joseph Connolly Addition). • The County's appraiser has valued the land at $3,900. According to the cost participation agreement between the City and the County, the City is responsible for 45% of all costs associated with this project, including right of way acquisition. This would result in a net receivable of $2,145 for the City. However, Dakota County has already agreed to dedicate the necessary right of way required from Lebanon Hills Regional Park at no cost (appraised value of $17,560 = City's obligation of $7,900). • The dedication of these easements will not result in any detrimental effects to the use or purpose of the City's property. /0 Agenda Information Memo August 15, 2000 E. PROJECT 96 -HH, EAGAN OAKS 2ND ADDITION ACKNOWLEDGE COMPLETION/ AUTHORIZE CITY MAINTENANCE ACTION TO BE CONSIDERED: To acknowledge the completion of Project 99-S (Eagan Oaks 2nd Addition— Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Eagan Oaks 2nd Addition is a residential townhouse development constructed on the south side of Yankee Doodle Road, west of Elrene Road and north of Trails End Road. This development required the installation of sanitary sewer, water main, and storm sewer which was performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. 11 Agenda Information Memo August 15, 2000 F. CONTRACT 0040, BITUMINOUS SEAL COAT "LIQUID ROAD" & STRIPING CITY STREETS & PARKING LOTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 00-10 (Bituminous Seal Coat "Liquid Road" — City Streets & Parking Lots) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 00-10 provides for the bituminous street surface treatment ("Liquid Road") of various streets throughout the City, including the entire length of Wescott Road from Pilot Knob Road to Highway 149, as part of the City's annual street maintenance operations. It also provides for the surface treatment of various City parking lots and the re -striping of Wescott Road. This type of surface treatment is being completed as an alternative to the typical rock -chip sealcoating operations. • The revision detailed in the change order addresses the need to extend the contract completion date to allow the proper application of the surface treatment material given the date and hours of operation restrictions on the various City streets and parking lots. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • No additional costs are will be incurred with this change order. 1a Agenda Information Memo August 15, 2000 Eagan City Council Meeting G. PROJECT 784, LOUIS LANE EASEMENT & ASSESSEMNT AGREEMENT ACTION TO BE CONSIDERED: Approve the easement and assessment agreement for Project 784 (Louis Lane — streets and utilities) and authorize the mayor and deputy clerk to execute all related documents. FACTS: • Project 784 provides for the installation of streets and utilities along the new Louis Lane alignment from Chapel Lane to Hwy 55. In order to complete this project, it was necessary for the City to acquire various easements from the adjacent property owner, Schaff Construction. • Part of the negotiated acquisition was the acceptance of the proposed assessments from these improvements. The original condition that had been pre -approved by the Council required the full payment of the assessments at the time of the easement payment. The property owner refused to accept that condition due to adverse tax implications. Subsequently, the agreement was modified to allow the assessments to be repaid over the typical 10 years. • This agreement has been reviewed by the City Attorney's office and the Public Works Department and found to be in order for favorable Council action. Agenda Information Memo August 15, 2000 Eagan City Council Meeting H. REVIEW LIST OF JUDGES FOR THE SEPTEMBER 12, 2000 PRIMARY ELECTION AND CONSIDER APPROVAL THEREOF ACTION TO BE CONSIDERED: To approve the list of election judges for the September 12, 2000 Primary Election. ATTACHMENTS: • Attached on pages 15 through a3 is the list of election judges for the Primary Election. /S� September 12th, 2000 - Primary Election Election Judges Last Name First Name Agrimson Lois Amundson Gen Astleford Sharon Bahr Darlene Baker Marion Bari Joseph Bassett Elizabeth Beatty Dick Bellile Grover Benjamin Patti Black Neal Bohlig Joan Brastad Vivian Breuer Penny Bruce Eleanore Bruce Sharon Bruce Larry Byrnes Gladys Carlson Delores Thursday, August 10, 1000 Page 1 of 9 IS Last Name First Name Christensen Clarence Christensen Trudy Christopherson Judy Collier Harold Combs Cook Danner Defrang Denny Dodge Driscoll Dzielsky Engen Erickson Erickson Erickson Erikstrup Erikstrup Fink Fischer Fischer Fischer Pam Larry Margo Marilyn Kelly Gerianne James Shirley Bonny Nancy Cyndi Dave Grace Carl Linda Gretchen Elaine Charles Thursday, August 10, 2000 Page 2 of 9 Last Name First Name Flood Karen Flynn Angie Forbrook Noel Fournier Karen Fredlund Ellen Fredlund Roger Frost Celia Frost Thomas Gary David Giblin Maureen Giblin Don Gignac Millie Glander Charles Glander Judith Gobar Debbie Good Patti Grimmer Eleanor Guetzlaff Marti Hagen Lori Hamernik Frank Hansen Paul Hansen Mari Thursday, August 10, 2000 11 Page 3 of 9 Last Name First Name Hansen Judy Harmon Jean Hartleben Mildred Hash Orlando Hash Herdis Hausladen Ray Hausladen Nancy Hawley Judy Hazel Healy Heir Hiremath Hove Hove Hubbard Hval Iffert Jackson Jackson Jacobs Jadoonath Johnson Kim Bea Donna Sunil Luther Ruby Marlys Norman Richard James W. Betty Marge Mona Lucia Thursday, August 10, 2000 Page 4 of 9 /6 Last Name First Name Johnson Meribeth Johnson Penny Jones Carolee Kaeder Patricia Kahn Joseph Kahn Carrie Kaufman Julie Kaufman -Boom Julie Kennedy Helen Kennelly Betty Kimber Jean Kivi Deanna Klang Shirlee Klatt Robert Koehler Jeanne Kolehmainen Kay Kolehmainen Jan Kreitz Kuehn Kuller Lane Larson Alice Jan Abbey Marie Sonya Thursday, August 10, 2000 Page 5 of 9 /7 Last Name First Name LaVictoire James Lawrence Walter Lee Lorene Leean Don Legler Herb Legler Marilyn Leibel Arlene LeMay Richard LeMay Bernice Lewis John Lundstrom Lyness Mackey Manthey Markee McGuire McKinley McLaughlin Medin Meyer Miller Mirick Thursday, August 10, 2000 Sue Dick Betty Phyllis Wayne Mary Sue Laverne Emily Jennifer Sharon Zella Page 6 of 9 Last Name First Name Molitor Larane Munson Ruth Myers Christine Nelson June Nelson Judy Nicolay Richard Nicolay Virginia Nitti Clarice Opris Dorothy Otterness Evelyn Paskett Jim Paul Patti Pedersen Mary Jane Pelierin Margaret Perin Ruth Peterson Judy Porter Marilyn Ramsey Betty Rask Pat Reisdorfer Kathy Reisdorfer Stan Restad Arlen Thursday, August 10, 2000 Page 7 of 9 Last Name First Name Ricke Patricia Rieger Lorraine Roach Ann Ruzicka Martie Saima Judy Sandison Betty Schmitz Pam Sebert Christine Severson Jody Shay Sheila Sirotiak Andrew Smith Nancy Squiers Phyllis Struble Dawn Swedean Dick Swedean Joyce Taylor Ceylon Thomas Ann Thurston Carolyn Twomey Ruth Uecker Karen Uselmann Joan Thursday, August 10, 2000 Page 8 of 9 Last Name First Name Vihovde Fred Vihovde Carol Vimr Rose Vogel Bob Volk Ardith Vondelinde Sue Vossen Betty Wachtler Gloria Wagner Bonnie Washington Mary Waters Coni Wisnew Frank Witzell Diane Wolff Lisa Zimmerman Robert Thursday, August 10, 2000 a3 Page 9 of 9 Agenda Information Memo August 15, 2000 Eagan City Council Meeting I. FINAL PLANNED DEVELOPMENT (LOT 2, BLOCK 2, BLUE RIDGE SECOND ADDITION) CSM PROPERTIES, INC. ACTION TO BE CONSIDERED: To approve a Final Planned Development to allow a single story, 77,282 square foot office -showroom building upon a 20.7 acre site located south of Waters Road and west of Lone Oak Drive upon property platted as Lot 2, Block 2, Blue Ridge Addition (within the SW 1/4 of Section 1) FACTS: D The subject property is currently platted as Lot 2, Block 2, Blue Ridge Second Addition. ➢ On May 7 1985, the City and the original owner of the property entered into a Preliminary Planned Development Agreement for the area (entitled Laukka-Beck Eagan) which governs the use of the subject site. ➢ The Preliminary Planned Development Agreement calls for office/retail use upon the subject site (which is consistent with the development proposal). ➢ As a condition of Final Planned Development approval, a Final Planned Development Agreement will be executed. ATTACHMENTS (4) Laukka-Beck Eagan Concept Plan, page c2S Site/Grading Plan, pag Landscape Plan, page Building Elevations, pager • p! / -II- ................ I. ..... CDFG Laukka -Beck 0 —D —Q —/ w 0 < w i i 0 J rr/ rr .ra Ili -•- \ .��. • iirfl"ri?. ;:. i it/. • ,4 I s �� I 1'I Ii • -••ir '.it le It• III --- 1 1 yam. ) fr ; � !i a5- • "o a..wa.• . mcsamom-muoi mu C E 3SVHd 1201-PTTSS MQ lead 1S OST aWIS 82/Nap SSaNISIIH anuaep ATillaApla SL2 Sua,LvM 3HL nollsaodao3 J s3) 41 ;ik;' Will 1 1 ii 1!1 1 f (� . ! g r f� IN �!3$ a' ,� ` c5 za S?zZ L , svoor'acolcuaox MO< Y106112NIPI '10/011 as.vHd PZOT -t I SS NW Ingd '1S 4h HaLNSO ssamsna i"a`,_"" sHaLym uonviou.L03 "(sap 1;f1li liesffil 1 t 1AS re:P., 11 1 1 1 I I ' • i .t .i' 3 31 I.30 C 000 .03wJN3 Aa wug, t 3 Hd 33±222 Fz: I23 J 233±x« 23± )}| }}; m r \•'!¢d _-- $ | , •-. ; it R`, - - ':- Agenda Information Memo August 15, 2000 Eagan City Council Meeting J. PROJECT 750, HIGHWAY 55 SOUTH FRONTAGE ROAD WEST OF HWY 149 ACTION TO BE CONSIDERED: Receive the feasibility report for Project 750 (Hwy. 55 and Blue Water Road — South Frontage Road, Access Modifications and Signalization) and schedule a public hearing to be held on September 19, 2000. FACTS: • Project 750 provides for the signalization of Hwy. 55 and Blue Water Road along with the installation of a frontage road along the south side of Hwy 55 from Blue Water Road to Hwy. 149. • A public hearing had previously been held on March 6 and continued to May 16, 2000 to allow the City to obtain appraisals of benefit and acquisition. The City wasn't able to have the requested appraisals completed by May 16. Without being able to receive a firm commitment as to the completion date, it was impractical for the City Council to reschedule it to a certain date. Subsequently, the project was officially canceled. • These appraisals have been completed and it is now appropriate for the Council to schedule a new public hearing to again formally consider the merits of this project. The results of the appraisals will be presented along with the feasibility report at the public hearing. a9 Agenda Information Memo August 15, 2000, Eagan City Council K. COMPREHENSIVE GUIDE PLAN AMENDMENT, PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT — WAL-MART STORES, INC. ACTION TO BE CONSIDERED: • To approve and implement a Comprehensive Guide Plan Amendment to change the land use designation of approximately 15 acres located east of I -35E and south of Lone Oak Road, from Limited Industrial (I-1) to Commercial Planned Development (CPD). • To approve a Planned Development Amendment to allow retail use and a pylon sign, and a Final Planned Development (Sam's Club) on approximately 15 acres located east of I -35E and south of Lone Oak Road in the NE '/4 of Section 10. FACTS: • 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. • At the July 5, 2000 meeting, the Council authorized transmittal of a Comprehensive Guide Plan Amendment to the Metropolitan Council for review and approval. • The City received notice from the Met Council on August 7, 2000, that the proposed Plan Amendment is acceptable and the City Council may now approve and implement the Comp Plan Amendment. • Also at the July 5, 2000, meeting the City Council reviewed the proposed Planned Development Amendment as a new business item, but withheld action pending Metropolitan Council acceptance of the Comprehensive Guide Plan Amendment. • Because the proposed development is a single phase, the applicant is seeking simultaneous Final Planned Development approval. • 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. • Although zoning items are not usually scheduled as consent items on the Council's agenda, this item was previously reviewed by the City Council as a new business item at the July 5, 2000 meeting. ISSUES: • The proposed Planned Development largely meets typical City Code requirements for a 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 30 conditions of approval to allow overnight and longer-term outside storage of shopping carts within a brick screening enclosure attached to the building. The revised building elevations show a 4' masonry screen wall matching 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 negotiate its share for the cost of improvements at the Clubview/Lexington Avenue intersection. ATTACHMENTS: Letter from Metropolitan Council dated August 2, 2000, page 3a June 27, 2000, APC Minutes, pages 33 through 3L Staff Report, pages S7 through (g, 31 Metropolitan Council Working for the Region, Planning for the Future August 2, 2000 Pamela Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: City of Eagan -- Plan Amendment -- Sam's Club Metropolitan Council District 15 Metropolitan Council Referral File No. 18274-2 Dear Ms. Dudziak: Metropolitan Council staff has reviewed the city's plan amendment, which was received on July 24, 2000. The amendment changes the land use from IND Limited Industrial to CPD Commercial Planned Development to permit the construction of a Sam's Club on 15 acres located south of Lone Oak Road between I -35E and Lexington. We have determined that the proposed amendment has no potential impacts upon any of the metropolitan system plans. Therefore, the city may place the amendment into effect immediately. Because the proposed amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide, the Council will waive further review and comment on this amendment. The amendment, explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. If you have any questions, please contact Jim Uttley, AICP, Comprehensive Planning at 651/602-1361. Sincerely, Richard E. Thompson, Supervisor Comprehensive Planning C: Sherry Narusiewicz, MN DOT Metropolitan Division Carolyn Rodriguez, Metropolitan Council District 15 Sandra Pinel, AICP, Acting Sector Representative Jim Uttley, AICP, Principal Reviewer, Planning and Growth Management Department V:\ ibrary\commundv\referraNetters\OOletters\Eagan CPA Sam Club 18274-2.doc *Sd RECEIVED AUG 7 2003 230 East Filth Street St. Paul. Minnesota 55 10 1-1626 (651) 602-1000 Fax 602-1550 An Equal Opportunity Employer TDD/T1Y 291-0904 Metro Info tine 602-1888 Advisory Planning Commission June 27, 2000 Page 5 PUBLIC HEARINGS 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 '/o 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. 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. 33 Advisory Planning Commission June 27, 2000 Page 6 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 Huusko 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 Huusko 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 1/4 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 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. 3t Advisory Planning Commission June 27, 2000 Page 7 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 of I -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 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 a 4 foot knee wall on the outside of the structure. Other outside storage shall not be allowed with this development. 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. 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. 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 Dudziak 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'/< 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. 37 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. 3e 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 from 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. 37 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 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 of I -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 comer 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 corner 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 right-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. 9� Planning Report — Wal-Mart, Inc. (Sam's Club) April 25, 2000 Page 7 Parking — 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 �-3 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 of1-35E 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 94 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. 4 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 46- 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 1/4 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 1/4 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 v� 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. Loadine/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 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. Building Architecture and Materials 13. Because of the designation of I -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. Location Map Eagan Boundary Street Centerline hreel Area - Building Footprint 8555555555555 #2222222220 l fy5555555555 21-t-1'47fi4'4-4'411l fin .00 1 1 1 Ca Da 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 and 10 -PA -04-03-00 City of Eagan Grerewlty aevsteprneat MpartnrMt Map Prepared us4q ERSI ArcVknv 3.1. Parcel base map data provided by Dakota County Land Survey Department and is current as et January 2000. /r THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do net guarantee the accuracy of this information and are net responsible far errors or omissions. W+E 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 Zoning Map� 1,1 mIHRIMIIIII _. -ggIIIIIMa. id INimi )14L a Location me _, ®m ', `, Current Zoning: f,.. ®11 -_ MB • a. • 5, . 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L° 00•0•0110.01.0 PO TKO ao. 44 ..- 44 ICD ■ 0 de 001.01.1 61000.0 ®©e OM. SAM'S CLUB Ls -Uses -n •nom rFX. • LMA vsm rie s.rm. STOWE —,BR—guetin tam ,x E MAT V sows women inawv. MAME OOGJNINO OE COMPUTED ► ' EN110WCf K �OIfS1�4JCVW • . 'km tao •L 0 FUTURE: DEHMARK r rIANDeCAPE =GOD insIOKOS. OAK isms wads r ;r strep; Or -'��iwaK , i:10 COOOR Ora SAX MA VIM 0001 .1:411- ALTERNATE rM. r L ALTERNATE PL 1 FOR LOADING AREA tri S n S oE J g 7 i J o AN J JND 0 yl =00 Z ZNY^ Do J g.. Net S j4EIN Wt., O 0_, -.I C se. r ZDQt.> Z Z J s J aWj < Zomw my W ZO W W`2 Wo< Z 4 Z< . K U N R. $ < a arr< WW J • m ymWFN � �WyrW1 mVm m m ZUW ,„. J J „5,4 w fl�jj �l j�IW�Z JC Z 3 V 3 O O W � NSN N NSU U � O O O O O O O io =e�e•i r m10 -ein 4 efi eell� U 0 Zr r0 W 71:.7, tr N W W 1—* <2Y Iwo< W m W aomo SAM'S CLUB PYLON SIGNAGE r I8' X 15' SAM'S CLUB PYLON I� F-1 M 10" DIAMETER 12" DIAMETER r 0 SIGNAGE SAM'S CLUB NARRATIVE FOR Comprehensive Plan Amendment Comprehensive Guide Pian 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: \Wal 12385:Uteports\narrati ve3-10 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 — I35E 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 corner 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. X103 Engineering • Planning • Surveying FRA' 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 bermin has been added where possible. Refer to the revised grading plan. g 4. Storm Drainage — The proposed pond design provides sufficient volume for rate control in accordance with the City's Storrnwater Management requirements. 15050 23rd Avenue North • Plymouth, Minnesota • 55447 Phone 763/476-6010 • fax 763/476-3532 e-mail: mfraamtra. 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 beaming 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. &s 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 2kQ4m 4 regory J. `'Flank, 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:\mai n:\ Wal 12385 : \Correspondence'dudziak5.4 Agenda Information Memo August 15, 2000, Eagan City Council L. CONFIRMATION OF FINDINGS OF FACE, CONCLUSIONS & RESOLUTION OF DENIAL (BLACKHAWK GLEN 4TH ADDITION) — DOUG HOSKIN ACTION TO BE CONSIDERED: To confirm the Findings of Fact, Conclusions & Resolution of Denial of the Easement Vacation and Minor Subdivision request of Doug Hoskin to create two lots located at 3640 Birchpond Road in the SW 1/4 of Section 16. FACTS: • At its regular meeting on August 1, 2000, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Easement Vacation and Minor Subdivision request of Doug Hoskin to be considered at the August 15, 2000 Council meeting. ATTACHMENTS: Findings of Fact, Conclusions and Resolution of Denial, pages 108 through ?1 col BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Doug Hoskin FINDINGS OF FACT, for a Vacation of Easements and CONCLUSIONS AND a Minor Subdivision for Blackhawk RESOLUTION Glen 4th Addition This matter came before the Eagan City Council at its meetings of July 18, 2000 and August 1, 2000. The Council received, considered and discussed the July 13, 2000, Planning Report, input from City staff, testimony from the applicant and residents, together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The applications by Doug Hoskin (the "Applicant") for the Vacation of utility and drainage easements and a Minor Subdivision for Blackhawk Glen 4th Addition is properly brought before the Eagan City Council. 2. The Applicant presently owns Lot 30, Block 3, Blackhawk Glen Ponds 2n1 Addition (the "Property"), which contains a single-family residence, with driveway access from Birchpond Road. 3. The proposed Minor Subdivision consists of the creation of two (2) lots, consisting of 2.18 acres and 1.87 acres respectively. The Property contains an existing pond, with significant elevation changes from Birchpond Road to the pond. The Applicant's proposal is more particularly shown on Exhibit "A" attached hereto and incorporated herein. (08 4. The Property is currently encumbered by drainage and utility easements in favor of the City, as dedicated on the plat of Blackhawk Glen rd Addition. 5. Proposed Lot 2, Blackhawk Glen 4th Addition is an unbuildable lot without the vacation of the easements previously dedicated to the City. 6. The existing pond is a landlocked basin with no overflow provided below the basement elevation of any home to be located on Proposed Lot 2. 7. As noted on Exhibit "A", proposed Lot 2 is significantly encumbered by existing easements resulting in a very limited area to support a building area for a single-family residence, in a manner which complies with the City Code. 8. The Minor Subdivision ordinance requires the Applicant to provided proposed building footprints and grading plan. The Applicant provided a building footprint and grading plan showing the need of four to six feet of fill to accommodate a house with the use of a retaining wall. 9. The proposed building location would provide modest rear or side lot areas as shown on Exhibit "A", this would severely restrict, if not eliminate the potential for future additions (e.g. porch and decks). 10. The area comprising Proposed Lot 2 was originally encumbered by the easements as a result of the developer's decision to create large lots abutting the pond as shown by the plat of Blackhawk Glen 2nd Addition. 11. The City Code requires that all minor subdivisions meet City Code requirements. 12. Chapter 13 of the Eagan City Code regulating subdivisions requires that any subdivision approval must find: A. That the physical characteristics of the site are suitable for the type of development contemplated. 69 B. That the site is physically suitable for the proposed density. C. That the design of the Minor Subdivision will not conflict with easements of record. D. That the proposed Minor Subdivision is compatible with adjacent properties. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. The City retains a public need for the use and enjoyment of the existing drainage and utility easements as noted on the plat of Blackhawk Glen 2nd Addition. 3. The physical characteristics of the Property do not support the creation of an additional lot and residence. 4. The character of the adjacent properties would be adversely effected by the approval of the Minor Subdivision. 5. The Proposed Lot 2 fails to accommodate a suitable area for the construction of a single-family residence in conformance with the City Code and in keeping with the character of the neighborhood. 6. The Property continues to enjoy a viable use as a single-family residence. 7. By the greater weight of the record and information presented, it is hereby determined by the City Council of the City of Eagan that approval of the Vacation and Minor Subdivision is not warranted. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Vacation of drainage and utility easements over Lot 30, Block 3, Blackhawk Glen 2nd 70 Addition and the Minor Subdivision to create two lots to be known as Blackhawk Glen 4th Addition is hereby denied. Dated at Eagan, Minnesota this day of August, 2000. CITY OF EAGAN By: Patricia E. Awada Its: Mayor By: Maria Karels Its: Deputy Clerk '7I Agenda Information Memo August 15, 2000 Eagan City Council Meeting M. ACCEPT RESIGNATION FROM THE AIRPORT RELATIONS COMMSSION ACTION TO BE CONSIDERED: To accept the resignation of Alice Kreitz from the Airport Relations Commission. FACTS: • Alice Kreitz has notified staff that she will no longer be serving as a member on the Airport Relations Commission. • Ms. Kreitz's term was to expire January, 2001. • Since the ARC will not meet again until September, Hassan Saffouri, who is currently the alternate on the commission, would be able to serve in the vacant position created by Ms. Kreitz through the remainder of 2000. ATTACHMENTS: • Enclosed on page 13 is a copy of a letter of resignation from Alice Kreitz. 7a MRS. ALICE KREITZ 2095 KINGS DRIVE EAGAN, MINNESOTA 55122 = (61) 405-668 (612) 454-4266 iftw:Fax (�cAFkkx5104 045t�c0i+y 1 July 28,2000 Jamie Verbrugge, Ted Gladhill and everyone on the Airport Relations Commission Cy. of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Jamie and Friends. on the Airport Relations Commission, Thank you for the opportunity of being a part of the commission for a brief time. Unfortunately, I am not in a position to continue my attendance at this time. I did not understand the duties of the commission before accepting the position. Please accept this as my letter of resignation. I know you have competant people who can take offer my position. Thank you again for the brief experience. Sincerely, Alice Kreitz Faxed to Mary 7/28 and mailed same day. t •73 Agenda Information Memo August 15, 2000 Eagan City Council Meeting N. LICENSE RENEWAL, TREE CONTRACTOR ACTION TO BE CONSIDERED: To approve the license renewal for The Tree Stump Co. FACTS: • The Tree Stump Co., located in Savage, has applied for renewal of their tree contractor license. • The City annually licenses parties doing business as tree contractors. The license is in order for review and approval by the Council at this time. Agenda Information Memo August 15, 2000 City Council Meeting O. LEXINGTON Pointe 14th - trail easement FOR COUNCIL ACTION: To amend the development agreement for Lexington Point 14th regarding trail location. FACTS: • -The Lexington Point14t Addition development agreement provided a trail connection to Walnut Hill Park. • The developer approached the city to relocate the trail from its original location in the fall of 1999, and a revised location was agreed to. • The developer has again asked that the trail be relocated between lots 14 and 15 because the topography is more conducive to a trail and it also provides a shorter, more direct route. • The president of the homeowners association appeared at the July Advisory Parks Commission meeting stating that the association was in favor of the revised trail location. • The Advisory Parks Commission reviewed this request at their June and July meeting and recommended approval of the relocation. • The developer has executed the easement agreements for the trail (and in fact has already installed the trail). CONCERNS: A home is being built on one of the adjacent lots to the trail and the future owner has some concerns, however, the developer is the owner of the lot and has signed the appropriate easement agreements. ATTACHMENTS: None `15 Agenda Information Memo August 15, 2000, Eagan City Council Meeting P. AUTOMATED PAWN SYSTEM SERVICE AGREEMENT WITH THE MINNEAPOLIS POLICE DEPARTMENT ACTION TO BE CONSIDERED: To approve an agreement between the Minneapolis Police Department and the City of Eagan which would allow Eagan Police Officers to access pawn shop data from across the metro area. FACTS: • A database has been established by the Minneapolis Police Department that allows police jurisdictions to access pawnshop data. • Police jurisdictions that have pawnshops in their cities subscribe to this database and input pawn information. Police agencies that do not have pawnshops (like Eagan) can subscribe to the system and view the data. • Pawn information includes, but is not limited to, names, drivers' license numbers, and addresses of persons who pawn property. Also available is a description of the pawned property. This information will aid police investigators in the apprehension of suspects and the recovery of stolen property. • Approximately 30 police agencies are participating in the program. • The agreement has been reviewed by the Eagan City Attorney's Office. ATTACHMENTS • Agreement enclosed on pages fl through e7 . -76 AUTOMATED PAWN SYSTEM (APS) SERVICE AND SOFTWARE LICENSE AGREEMENT This Agreement is made and entered into this day of by and between the City of Minneapolis, a municipal corporation in the County of Hennepin, State of Minnesota, hereinafter referred to as City of Minneapolis or Licensor, and the City of Eagan, a municipal corporation in the County of Dakota, State of Minnesota, hereafter referred to as the City of Eagan or Licensee. WHEREAS: The Minneapolis Police Department utilizes a computerized pawn shop records system (APS Service or AUTOMATED PAWN SYSTEM Service); and WHEREAS: Licensee desires to take advantage of the APS Service developed and maintained by the Minneapolis Police Department as a query only licensee; NOW, THEREFORE, in consideration of the convenants contained herein, the parties agree as follows: ARTICLE 1: Definitions Terms defined in this Article I, and parenthetically elsewhere, shall throughout the Agreement have the meanings here provided. Defined terms may be used in the singular or plural. "Agreement" means this Agreement and its Schedules and Exhibits, which are incorporated in, and form an integral part of, this Agreement. "APS SERVICE" and "AUTOMATED PAWN SYSTEM SERVICE" refers to the proprietary pawn shop identification and tracking system developed by the City of Minneapolis including software, documentation, and enhancements. The Automated Pawn Service System consists of computing services, information -related services, software, information and other content provided by the City of Minneapolis, as well as access to APS content provided by parties other than the City of Minneapolis (collectively "Acquired Material"). "Content" means pawn shop transaction records, data and information available on the APS Service. "Data Contributing Licensee" means any Licensee which licenses and regulates pawnbrokers or secondhand dealers, and requires them to electronically submit specific information related to specified types of transactions, daily, to APS Service central data site. "Enhancements" means software programs and sub -programs in addition to the Software described in Schedule 1. "Query Only Licensee" means any Licensee other than a data contributing licensee. ARTICLE II: Software Delivery and Installation The City of Minneapolis shall deliver to Licensee APS Service software in accordance with Schedule 1. Licensee shall have the responsibility of software installation. d:lattomeys\sidh\eitherl a.doc 1 11 ARTICLE HI: Title and Risk Title to the APS Service software, including the ownership of all copyrights, patents, trademarks, trade secrets and all other intellectual property rights subsisting in the software, documentation, enhancements, adaptations, and any modifications thereto shall at all times remain with the City of Minneapolis. ARTICLE IV: Payment Payment of the License and Use Fee shall be in accordance with the provisions of Schedule 2. ARTICLE V: License Terms SOFTWARE LICENSE Subject to the terms of this License Agreement, City of Minneapolis grants to Licensee a non- exclusive, nonassignable and nontransferable license to use and display the software provided by or on behalf of City of Minneapolis for purposes of accessing the APS Service on any machine(s) of which Licensee is the primary user or which Licensee authorizes for use. Unauthorized copying of the software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Licensee may not sublicense, assign or transfer this license or the Software except as permitted by City of Minneapolis. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this License Agreement is void. LICENSEE RESPONSIBILITY. Licensee shall be responsible for all access to and use of the APS Service through Licensee's account or password(s). ARTICLE VI: Licensor's Warranties and Limitations of Liability LICENSEE EXPRESSLY AGREES THAT USE OF THE APS SERVICE IS AT LICENSEE'S SOLE RISK. NEITHER CITY OF MINNEAPOLIS NOR ANY OF ITS CONTENT PROVIDERS, APS SERVICE PROVIDERS, LICENSOR, EMPLOYEES OR AGENTS WARRANT THAT THE APS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CITY OF MINNEAPOLIS OR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, LICENSOR, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE APS SERVICE. THE APS SERVICE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FOR THOSE WARRANTIES, IF ANY, WHICH ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THE LICENSE AGREEMENT. d:1attomeys\skhleitherl a.doc NEITHER CITY OF MINNEAPOLIS NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, APS SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE APS SERVICE OR INABILITY TO USE THE APS SERVICE OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED. ARTICLE VII: Termination and Modification MODIFICATION OF THIS LICENSE AGREEMENT AND THE APS SERVICE. Upon notice, City of Minneapolis may modify this license Agreement, including, without limitation, pricing and billing terms. City of Minneapolis may discontinue, add to, or revise any or all aspects of the APS Service in its sole discretion and without notice. TERMINATION BY LICENSEE. Licensee is free, if City of Minneapolis modifies this License Agreement, the APS Service, or related pricing or billing terms, to immediately terminate Licensee's account and this License Agreement. Licensee may otherwise cancel this License Agreement, without cause, with a thirty (30) day written notice. Licensee shall carry out any termination in accordance with the method or methods established by City of Minneapolis. TERMINATION OR SUSPENSION BY CITY OF MINNEAPOLIS. City of Minneapolis may terminate the Licensee's account and this License Agreement in the event of any breach of this Agreement by Licensee or a user of Licensee' account. City of Minneapolis reserves the rights in its sole discretion to terminate the Licensee's account and this License Agreement at any time or to suspend (with or without notice) or terminate access to or use of the APS Service, in whole or in part, with respect to any Licensee (and/or with respect to any user of Licensee's account) at any time. CONTINUATIONS OF OBLIGATIONS. Notwithstanding any cancellation or termination of this License Agreement or any account, or any suspension or termination of access to or use of the APS Service, Licensee will remain responsible for any obligations then accrued, including payment of any charges that may be due as of or in connection with such actions. ARTICLE VIII: Use and Assignment LIMITATION ON USE OF CONTENT. Except as expressly permitted in this License Agreement, neither Licensee nor any user of Licensee's account may reproduce, distribute, transmit, publish, or otherwise transfer or commercially exploit any content received or accessed through the APS Service. ILLEGAL PURPOSES d:lattomeysslchleitherl a.doc N 79 Licensee agrees not to use the APS Service or any of its elements or related facilities or capabilities to conduct any activity, or solicit the performance of any activity, which is prohibited by or would violate any applicable law, rule, regulation or legal obligation. LIMITS ON TRANSFERS; OTHER LIMITS Unless otherwise agreed in writing, Licensee's right to use the APS Service, or to designate other users of its account, is not transferable and is subject to any limits established by City of Minneapolis and provided to Licensee in writing. ARTICLE IX: Entire Agreement This agreement, as well as the additional materials specifically referred to herein as being a part of this License Agreement, constitute the entire and only agreement with respect to the subject matter hereof (collectively, the License Agreement") between City of Minneapolis and Licensee. This License Agreement supersedes all representations, proposals, inducements, assurances, promises, agreements and other communications with respect to the subject matter hereof except as expressly set forth in this document. By executing this Agreement, Licensee agrees to the terms and conditions of this License Agreement. ARTICLE X: Goveming Law; Severability This License Agreement is made in the State of Minnesota. This License Agreement and all of the parties respective rights and duties in connection herewith shall be govemed by and construed in accordance with the laws of the United States of America, and, excluding conflicts rules, of the State of Minnesota. Any cause of action of Licensee, or by users of Licensee's account, with respect to the APS Service or this License Agreement must be instituted within one year after the claim or cause of action has arisen or be barred. LICENSEE- CITY OF EAGAN CITY OF MINNEAPOLIS By: By: Mayor Mayor Attest: City Clerk Attest: City Clerk Countersigned: Finance Officer Approved as to Form Sharon K. HiHs — City Attorney Assistant City Attomey d:lattomeyslskhleitherl a.doc 800 SCHEDULE 1: APS SYSTEM AND OBLIGATIONS APS SYSTEM License for the use of the APS Service as described in this agreement applies to the installation and usage of, and access to the following components on the Licensee's equipment: 1. APS Service client software and relevant enhancements (supplied on distribution diskettes, or via the APS Service software distribution files located on the licensor's computer network). 2. APS Service documentation (Help files) included on the APS Service client software. 3. APS Service oriented user documentation. In addition, Licensee is granted access to the following services as authorized in Schedule 2: 1. ' Access to the APS Service central site database via network or dial-up connection as authorized by the APS Service administrator. 2. Access to APS support staff by Licensee's APS Service Jurisdiction Administrator for operational questions related to accessing the service via network or dial-up connection. Use of Contents Neither Licensee nor any user of the Licensee's account may reproduce, distribute, transmit or otherwise transfer any content received or accessed through the APS Service except as required, and legally allowed, in the conduct of authorized investigations of criminal activity, or verification of compliance with applicable operational laws and regulations by pawnbrokers, secondhand dealers, or precious metal dealers. Ancillary Equipment Licensee is responsible for acquiring and maintaining all telephone and computer hardware and services necessary to access and use the APS Service via network or dial-up connection. APS Client System Requirements: Workstations must be capable of connecting to the APS central server at the MPD either by dial-up or permanent network connection and must be running Windows NT 4.0, Windows 95, or Windows 98. The minimum system requirements for running the APS client is a 486DX 66Mhz with 16 Mb RAM, VGA monitor at 640x480 with 256 colors, 28.8 baud modem. The recommended system would be a Pentium 100Mhz (or faster) with 32 Mb RAM, VGA monitor at 800x600 with 256 colors, 56k baud modem. Operational Responsibilities Every Licensee is responsible for the following: 1. Installation of all hardware components, PC operating software, networking software and APS Service client software. 2. Designating an employee as the APS Service Jurisdiction Administrator. (See Schedule 1- A for current Jurisdiction Administrator roles and tasks.) 3. Designating an employee as the APS Service Investigator/User Trainer. 4. Assignment and administration of appropriate user codes and passwords to authorized users of the APS Service system within its jurisdiction. d:lattomeys\skh\eitherl a.doc � 81 In addition, every data contributor Licensee is responsible for: 1. Coordination and administration of the addition of licensed jurisdiction dealers who will be sending data via modem to the APS Service central site. 2. Orientation and training of dealers within the Licensee's jurisdiction regarding APS Service dial-up connection process, reporting requirements and error correction procedures. 3. Verification of the electronic collection of pawn and secondhand dealer transaction data as required by the Licensee's applicable ordinances. 4. Manual entry of pawn and secondhand transaction data when dealer(s) are unable or fail to do so via modem as required by Licensee's applicable ordinances and APS Service policies. 5. Adherence to APS Service policies and procedures as established by the Minneapolis APS Service Administrator. d:lattomeysWdhbitherl a.doc � Sa SCHEDULE 2: PAYMENT AND CHARGES FEES, TAXES AND OTHER CHARGES Licensee shall pay all applicable taxes related to use of the APS Service by Licensee or by users of Licensee's account. Information on charges and surcharges (if any) that are paid to City of Minneapolis and are incurred by Licensee or by users of Licensee's account will be made available to Licensee, and Licensee agrees that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to City of Minneapolis. COMMENCEMENT AND DURATION OF LICENSE FEES Licensee acknowledges that (subject to any exceptions granted by City of Minneapolis) a monthly Licenseeship will continue until Licensee cancels the account in accordance with the methods established by the City of Minneapolis. As provided for above, Licenseeship may be canceled by Licensee at any time. The monthly Licenseeship fee shall cease to apply for any month after the billing month in which this License Agreement is terminated pursuant to its terms. PAYMENT FOR SERVICES Licensee will be invoiced monthly for prior month's fees and charges. Invoices are due and payable upon receipt. If payment is not received within 30 (thirty) days from date of invoice, City of Minneapolis may suspend or terminate this license agreement. FEE SCHEDULES Fees will be billed at either the Query Only Licensee or Data Contributing Licensee rate, depending on which is applicable. Licensees that are initially billed as Query Only Licensees shall receive full credit for all setup and training fees if, and when, they become Data Contributing Licensees. Query Only Licensee Setup and Training $480.00 (All training requires and assumes working knowledge of Microsoft WindowsTm.) 1. Establish Licensee's account on APS Service. 2. Two (2) hours training for Licensee's designated APS Service Jurisdictional Administrator at APS central site. 3. Two (2) hours training for Licensee's designated APS Service Investigator/User Trainer at APS central site. 4. Additional investigator/user training at APS central site $45.00 per hour, per attendee. Access Fee for Primary Investigator(s)/User(s) Using Dial-up Connection $96.00 Per Month 1. Unlimited access to the APS Service for two (2) simultaneous designated users, via a dial-up connection, in accordance with the applicable portions of this agreement. Access Fee for Additional Simultaneous Investigator(s)/User(s) Using Dial-up Connection $58.00 d:lattomeys\sich\either' a.doc 83 Per Month/ Per User 1. Unlimited access to the APS Service database for each additional simultaneous connection by a designated user, via a dial-up connection, in accordance with the applicable portions of this agreement. Access Fee for Primary Investigator(s)/User(s) Using a Network Connection $72.00 Per Month 1. Unlimited access to the APS Service for two (2) simultaneous designated users, via a network connection, in accordance with the applicable portions of this agreement. Access Fee for Additional Simultaneous Investigators)/User(s) Using a Network Connection $43.00 Per Month Per User 1. Unlimited access to the APS Service database for each additional simultaneous connection by a designated user, via a network connection, in accordance with the applicable portions of this agreement. Data Contributing Licensee Setup and Training $1,050.00 (All training requires and assumes working knowledge of Microsoft WindowsT"'.) 1. Establish Licensee's account on APS Service. 2. Eight (8) hours training for Licensee's designated APS Service Jurisdictional Administrator at APS central site. 3. Two (2) hours training for Licensee's designated APS Service investigator/user trainer at APS central site. 4. Additional investigator/user training at APS central site $45.00 per hour, per attendee. Data Collection and Maintenance Fee $1.00 Each Billable Transaction 1. For purposes of this License Agreement, a billable transaction is every reported transaction conducted by a pawnbroker or secondhand dealer in which merchandise is received through a pawn, purchase, consignment or trade. 2. Collection and maintenance administration of all reportable and billable transaction information as defined by Licensee's ordinances and received via network or dial-up connection. 3. Monthly billing to Licensee of alt billable transactions received, which dealer they were submitted by, and whether they were electronically uploaded from the dealer or manually entered by the Licensee. Access Fee for Primary Investigator(s)/User(s) Using Dial-up Connection $ N/C Per Month 1. Unlimited access to the APS Service for two (2) simultaneous designated users, via a dial-up connection, in accordance with the applicable portions of this agreement. Access Fee for Additional Simultaneous Investigator(s)/User(s) Using Dial-up Connection $58.00 Per Month/ Per User 1. Unlimited access to the APS Service database for each additional simultaneous connection by a designated user, via a dial-up connection, in accordance with the applicable portions of this agreement. d: lsttomeys'sldibkherl a.doc 4 8� Access Fee for Primary Investigator(s)/User(s) Using a Network Connection $ N/C Per Month 1. Unlimited access to the APS Service for two (2) simultaneous designated users, via a network connection, in accordance with the applicable portions of this agreement. Access Fee for Additional Simultaneous Investigator(s)/User(s) Using a Network Connection $43.00 Per Month Per User 1. Unlimited access to the APS Service database for each additional simultaneous connection by a designated user, via a network connection, in accordance with the applicable portions of this agreement. d:lattomeys\skhleitherl a.doc • SCHEDULE 1-A: APS SERVICE JURISDICTION ADMINISTRATOR APS Service Jurisdiction Administrator The Licensee's APS Service Jurisdiction Administrator is responsible for the day-to-day operation of APS within the Licensee's jurisdiction. She (or he) is the point of contact for technical and operational questions from Licensee's investigators and pawn dealers (Data Contributing Licensees Only). This person will interact regularly with the APS Administrator at the Minneapolis Police Department (MPD) on issues and questions regarding operations and policy which are system -wide (not just Licensee -specific). Primary functions include: • Provide focal point for all APS Service operational and policy activity for Licensee, • Provide end user support as a "first call for help" when questions or incidents occur regarding APS Service usage within Licensee's jurisdiction, • Maintain dialogue with APS Administrator at MPD for questions and support issues, Startup Tasks (All Licensees) 1. Define a process or series of steps to receive, log, process and track APS support calls (e.g. who gets called, what information to take, how to forward or close contact, how to accumulate statistics and track open contacts, etc.). 2. Gain familiarity with APS administrative screens to set up new users. Startup Tasks (Data Contributing Licensees) 1. Gain familiarity with APS administrative screens to set up new dealers and support billing functions (Data Contributing Licensees). 2. Gain familiarity with the APS Service upload process and directory structure used for dealer upload files, logs, archived transactions (Data Contributing Licensees). Daily Tasks (All Licensees) 1. Respond to APS support calls. Log contacts, respond or refer contact to APS Administrator (MPD), monitor resolution and ensure requester is contacted with resolution. Daily Tasks (Data Contributing Licensees) 1. Review upload activity from previous evening to ensure all Licensee's dealers submitted a transaction file. 2. Review administrator upload log for each store to assess whether file was successfully processed or not 3. Contact dealers who have not submitted transaction files or refer to Licensee's investigators/regulators for follow-up. 4. Review error history to ensure dealers are submitting corrections to previous transactions flagged as errors. 5. Perform random spot checks on uploaded data items using APS queries or reports to verify overall data quality. 6. Periodically run queries or reports on categories, items and brands where 'OTHER' is specified. 7. Work with Licensee's police and civilian investigators and regulators to ensure that ordinance -specified data reporting and quality is maintained. 8. Consult with Licensee's investigators/regulators on data quality issues to refer back to dealers for resolution or additional training. d:\attomeys\sIdAettherla.doc Monthly Tasks (Data Contributing Licensees) 1. Receive monthly billing invoice and data from APS administration and generate appropriate remittance. 2. Reconcile/assemble monthly billing data and generate an invoice for each dealer in Licensee's jurisdiction required to report to the APS Service (Data Contributing Licensees). As Required Tasks (All Licensees) 1. Work with APS administration to identify enhancements, productivity tools, system bugs/inconsistencies so as to improve the service provided by APS. 2. Provide training to Licensee's users. d:\attomeysWdh'eitherl a.doc Agenda Information Memo August 15, 2000 Eagan City Council Meeting Q. 1999-2001 MINNESOTA RELEAF COMMUNITY FOREST HEALTH GRANT AGREEMENT ACTION TO BE CONSIDERED: To accept the 1999-2001 Minnesota ReLeaf Community Forest Health Program Grant from the Minnesota Department of Natural Resources and authorize the Mayor and City Clerk to execute the appropriate documents. FACTS: • The City Forestry Division applied for and received a 1999-2001 Minnesota ReLeaf Community Forest Health Grant in the amount of $10,000. • The grant amount of $10,000 will be used to reimburse qualified oak wilt suppression costs, including root graft disruption activities and tree removal costs incurred by both the private and public sector in Eagan. • The City Forestry Division has assisted the public with oak wilt suppression costs through the implementation of a federally and state funded grant program since 1993. 8$ Agenda Information Memo August 15, 2000 Eagan City Council Meeting R. AMENDMENT TO MLC JOINT AND COOPERATIVE AGREEMENT ACTION TO BE CONSIDERED: To approve a resolution amending the MLC Joint and Cooperative Agreement. FACTS: • All member cities of the Municipal Legislative Commission enter into an agreement with the MLC to jointly and cooperatively develop legislative programs on matters of mutual concern and interest, and identify, review and actively oppose proposals, which may be in conflict with the interests of the member municipalities. • The changes, identified in the attached agreement, are not substantive in nature. • This matter was on the March 21, 2000 City Council agenda for consideration; however, due to some concerns expressed by two city attorneys, the ratification process of the previous amendments was suspended. The two controversial amendments, relating to indemnification and conducting business in writing have been deleted. ATTACHMENTS: • Resolution attached on page 90 Q • Amended Joint and Cooperative Agreement attached on pages _l 1 through 103 CITY OF EAGAN RESOLUTION NO. A RESOLUTION RELATING TO JOINT AND COOPERATIVE AGREEMENT BE IT RESOLVED, by the City Council of the City of Eagan, Minnesota as follows: WHEREAS, Minnesota Statutes Section 471.59 permits two or more governmental units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them; and WHEREAS, the parties have entered into this Joint Cooperative Agreement to develop programs on matters of mutual concern and interest and identify, review and actively oppose proposals which may be in conflict with the interest of the members. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute the Joint and Cooperative Agreement as amended and attached hereto. ADOPTED by the City Council of the City of Eagan this 15th day of August, 2000. Motion by: CITY OF EAGAN Seconded by: CITY COUNCIL Those in Favor: By Those Against: Its Mayor Dated: Attest: Its Clerk CERTIFICATION I, Maria Karels, Deputy Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council o the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15th day of August, 2000. Maria Karels 90 ISL MUNICIPAL LEGISLATIVE COMMISSION MEMO League of Minnesota Cities Building 145 University Avenue West, Suite 450 St. Paul, Minnesota 55103 Telephone: (651) 228-9757 Facsimile: (651) 228-9787 DATE: July 10, 2000 TO: MLC Board of Directors FROM: Bob Renner, Jr. RE: Amendments to the MLC Joint and Cooperative Agreement On July 29,1999, the MLC Board of Directors discussed a number of amendments to both the Joint and Cooperative Agreement (JCA) and Bylaws. It was decided that a formal vote on the amendments should be delayed until the October 20, 1999 Board meeting. At the October meeting, the Board of Directors recommended that member city councils ratify the amendments to the Joint and Cooperative Agreement. The Board also approved the amendments to the Bylaws, which went into effect without any action needed by member city councils. Seven city councils had already approved the amendments to the Joint and Cooperative Agreement when legal counsel from two cities called to express concern over two of the proposed changes. It was suggested that the amendments be reconsidered at the July 27, 2000 Board meeting, and that further action by member city councils be suspended until that time. Pursuant to Section 13.1 of the JCA, the proposed amendments (with suggested changes incorporated) are hereby sent to Board members with ample time for review before the Board meeting at which they will be considered. The accompanying memo explains the purpose and effect of the amendments. If you have any questions regarding the amendments, please feel free to contact me at 651/228-9757 or at rrennen mandklaw.com. Member Cities: Apple Valley, Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Lakeville, Maplewood, Minnetonka, Plymouth, Roseville, Shoreview, Woodbury JOINT AND COOPERATIVE AGREEMENT AMENDMENTS For discussion by Board of Directors, July 27, 2000 Article 2: NAME This amendment is technical, and serves only to make the Joint & Cooperative Agreement (JCA) consistent with the Bylaws. Article 3: DEFINITION OF TERMS All amendments are technical, and serve only to make the Joint & Cooperative Agreement (JCA) consistent with the Bylaws. Article 4: ADDITIONAL PARTIES All amendments are technical, and serve only to make the JCA consistent with the Bylaws. Article 5: EFFECTIVE DATE The amendment is technical and serves only to make the JCA consistent with the Bylaws. Article 6: POWERS AND DUTIES OF THE COMMISSION All amendments are technical and serve only to make the JCA consistent with the Bylaws. Article 7: BOARD OF DIRECTORS 7.1) This amendment contains technical changes. It also clarifies that each city is entitled to one vote. It gives the elected Director the first opportunity to vote and the non -elected Director the subsequent opportunity. 7.2) Clarifies that proxy voters must be designated by a Director and must be present at a meeting to vote. 7.4) Changes a quorum from 14 Directors to 7 member cities. 7.5) The amendment is technical and serves only to make the JCA consistent with the Bylaws. 9a Article 8: MEETINGS 8.3) The amendment is technical and serves only to make the JCA consistent with the Bylaws. 8.5) Section 8.5 was included in the amendments proposed July 29,1999 and read as follows: "The Board may conduct business without holding a regular or special meeting if a majority of members ratify an action in writing (by US Mail, electronic mail or facsimile). All actions ratified by written consent must be distributed by US Mail, electronic mail or facsimile to all members of the Board within ten days of the ratification." This amendment has been deleted due to concerns expressed regarding potential violations of the Open Meeting Law. Article 9: OFFICERS 9.1) Increases terms for all officers from one year to two years. Clarifies that officers may serve more than one term. 9.2) All amendments are technical and serve only to make the JCA consistent with the Bylaws. 9.5) All amendments are technical and serve only to make the JCA consistent with the Bylaws. 9.6) The amendment clarifies that the Treasurer is responsible for ensuring that an annual independent audit of Commission finances occurs. Article 10: OPERATING COMMITTEE 10.1) The amendment is technical and serves only to make the JCA consistent with the Bylaws. 10.3) The amendment is technical and serves only to make the JCA consistent with the Bylaws. Article 11: FINANCIAL MATTERS 11.2) Eliminates specific references to dues amounts. Also contains several technical changes. 4,3 11.3) This amendment is technical and serves only to make the JCA consistent with the Bylaws. 11.4) This amendment is technical and serves only to make the JCA consistent with the Bylaws. Article 12: WITHDRAWAL 12.1) This amendment is technical and serves only to make the JCA consistent with the Bylaws. 12.2) The amendments are technical and serve only to make the JCA cpnsistent with the Bylaws. 12.3) The amendments are technical and serve only to make the JCA consistent with the Bylaws. Article 13: AMENDMENTS Changes the mechanism of amending the JCA by requiring written approval from all member city councils. Article 14: DISSOLUTION 14.1) The amendments are technical and serve only to make the JCA consistent with the Bylaws. 14.2) The amendments are technical and serve only to make the JCA consistent with the Bylaws. Article 15: INDEMNIFICATION Article 15 was included in the amendments proposed July 29,1999 and read as follows: "Each member does hereby agree to indemnify and hold harmless the other members against all loss, damage. liability, claims, suits, judgments, costs and expenses for reason of loss of or damage to property and injury to or death of persons caused by acts or omissions of each member. its officers, agents or employees." This amendment has been deleted due to concerns expressed regarding its potential implications for member cities. qLP Last Amended July 19, 1995 JOINT AND COOPERATIVE AGREEMENT SUBMITTED TO CITY COUNCILS FOR APPROVAL, 8-04-00 PRELIMINARY STATEMENT The parties to this Agreement are governmental units of the State of Minnesota. Minnesota Statute 471.59 permits two or more sub -units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. Pursuant to statutory authorization, the parties to this Agreement have chosen to execute a joint powers agreement providing, in essence, for the development of legislative programs on matters of mutual concern and interests. ARTICLE 1. GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities to jointly and cooperatively develop legislative programs on matters of mutual concern and interest, and identify, review, and to actively oppose proposals which may be in conflict with the interests of the member municipalities. The organization formed pursuant to this Agreement will be funded by member municipalities' contributions, as herein specified, with contributions being used for the retention of professional assistance, information preparation and dissemination, research, and other activities that may from time to time be authorized by the membership. ARTICLE 2. NAME The Parties, Members hereto agree to establish an organization to be known as the Municipal Legislative Commission to carry out the objectives of this Agreement. ARTICLE 3. DEFINITION OF TERMS For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. 3.1) "Board" or "Board of Directors" means the governing body of the Commission. 3.2) "Commission" means the organization created pursuant to this Agreement. 3.3) "Council" means the governing body of a Pafty Member. 3.4) "Directors" means the persons appointed pursuant to this Agreement to serve as Directors. 3.5) "Oper-ative Operating Committee" means the committee consisting of the City Managers or Administrators of each Party Member. 3.6) "" Member means a municipality which has entered into this Agreement. 3.7) "Associate Member" means a municipality which has entered into this Agreement, but does not have the same voting rights and privileges as a PaFty Member. ARTICLE 4. ADDITIONAL MEMBERS Any other municipality may become a Pafty Member or Associate Member upon approval by a majority of the then Parties Members. ARTICLE 5. EFFECTIVE DATE A municipality shall enter into this Agreement by duly executing a copy of this Agreement any by filing such copy, together with a certified copy of the authorizing resolution, with the Commission President Chair. This Agreement shall become effective upon approval by at least six (6) municipalities, or on February 1984, whichever is sooner. ARTICLE 6. POWERS AND DUTIES OF THE COMMISSION 6.1) The powers and duties of the Commission shall include the powers set forth in this article. 6.2) It may establish legislative programs embodying proposed legislation and positions on proposed legislation. 6.3) It may take such action as it deems necessary and appropriate to accomplish the general purpose of this organization. � a� 6.4) It may consult with persons knowledgeable in the legislative process and persons having a special interest therein, such as legislators, research organizations, educational institutions, other political subdivisions, municipal organizations, regulatory organizations, technical experts, and any other persons who can provide pertinent information concerning legislation of interest to the Commission. 6.5) It may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. 6.6) It may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of any metropolitan, state, federal, regulatory, or legislative or administrative bodies, on any proposed or existing law, bill, or recommendation related to or affecting any or all members. 6.7) It may enter into any contracts deemed necessary by the Board to carry out its powers and duties, subject to the provisions of this Agreement. 6.8) It may contract with any of the Dies Members or others to provide space, services, or materials on its behalf. Any contracts let or purchases made shall conform to the requirements applicable to Minnesota statutory cities. 6.9) It may accept gifts, apply for use grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 6.10) It shall cause an annual audit of the books of the Commission to be made by an independent auditor, or an independent auditor of a member city, whichever the Board determines. It shall make an annual financial accounting and report in writing to the Parties, Members. Its books and records shall be available for and open to the examination by the Parties at all reasonable times. It shall establish the annual budget for the Commission as provided in this Agreement. 6.11) It may delegate authority to the Operating Committee between Commission meetings. Such delegation of authority shall be by resolution of the Board and may be reconditioned in such manner as the Board may determine. 6.12) It may exercise any other power necessary and incidental to the implementation of its powers and duties. ,3,137 7.1) ARTICLE 7. BOARD OF DIRECTORS governing body of the Commission is its Board of Directors. Each Member is entitled to two Directors. Each Member is entitled to one vote to be cast by the elected Director or in his/her absence the appointed Director or their respective proxies. The Council of each Party Member shall appoint its two (2) Directors, one (1) of whom shall be the City Manager or Administrator and the other shall be an elected official from the Council of the Pafty Member. Directors shall serve without compensation from the Commission, but this shall not prevent a Party Member from providing compensation for its Directors if such compensation is authorized by the PartyMember and by law. 7.2) Proxy voting shall be permitted. Proxies must be designated by a Director and must be present at the meeting to vote. 7.3) Each Director shall serve until that Director's successor is appointed and assumes his or her responsibilities. Directors shall serve at the pleasure of the Council appointing them. When a Council appoints a Director, it shall give notice of such appointment to the Commission's Secretary/Treasurer. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giving notices of any meetings of the Commission. 7.4) A majority of the Members shall constitute a quorum of the Board. 7.5) A vacancy on the Board shall be filled by the Council of the Party Member whose position on the Board is vacant. ARTICLE 8. MEETINGS 8.1) The Commission shall _ meet at least quarterly and shall hold an annual organizational meeting in July. 8.2) The Board shall adopt Bylaws governing its procedures, including the time, place, and frequency of its regular meetings. Such Bylaws may be amended from time to time. 8.3) Special meetings of the Board may be called (a) by the President Chair or (b) by the Operating Committee, or the Board upon written request of the majority of the 9,62 Directors. Five (5) days' written notice of special meetings shall be given to the Directors. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at a special meeting. 8.4) Notice of regular meetings of the Board shall be given to the Directors by the Secretary/Treasurer at least seven (7) days in advance and the agenda for such meetings shall accompany the notice. However, business at regular meetings of the Board need not be limited to matters set forth in the agenda. ARTICLE 9. OFFICERS • 9.1) Number, Election, Qualifications - The officers of the Commission shall consist of a Pfesident Chair, Vicon Vice Chair and a Secretary/Treasurer. Each officer shall be elected at the annual organizational meeting by the Board. The liF idem and Vice President Chair and Vice Chair shall hold office until -the -Bela for a two-year term and until his/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, resignation, or removal. The Secretary/Treasurer's term shall commence on January 1 of the following year and end on December 31 twenty four months later. All officers shall be Directors. New officers shall take office at the adjournment of the annual meeting of the Commission at which they were elected, with the exception of the Secretary/Treasurer who shall take office on the first day of January of the following year. Not more than one (1) Director of a ley Member shall be elected an officer during the same term. Directors of a ley Member that have given notice of withdrawal shall not be eligible to become officers or to vote on the selection of officers. Any officer who ceases to be a Director shall at the same time cease to be an officer. Officers may serve for more than one yeaf term. 9.2) Resignation - Any officer of the Commission may resign at any time by giving written notice of his/her resignation to the Board, to the Pfesident Chair, or to the Secretary/Treasurer of this Commission. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board Pfesident Chair, or to the Secretary/Treasurer. The acceptance of a resignation shall not be necessary to make it effective. 9.3) Removal - Any officer may be removed, with or without cause, by a vote of four- fifths (4/5) of the total number of Directors, at any meetings of the Board, provided that such purpose is stated in the notice or waiver of notice of the meeting unless all of the Directors of this Commission are present at the meeting. 9.4) Vacancies - A vacancy in any office because of disqualification, death, resignation, or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. 9.5) Presiden Vice Pre..ident Chair: Vice Chair - The PFesident Chair shall preside at all meetings of the Commission and shall perform all duties incident to the office of President Chair and such other duties as may be delegated by the Commission. The Vice -President Vice Chair shall act as President Chair in the absence of the President Chair. The President Chair shall be an elected Director and the ¥iee President Vice Chair shall be an appointed Director who shall also serve as President Chair of the Operating Committee. 9.6) Secretary/Treasurer - The Secretary/Treasurer shall be a Director who is a member of the Operating Committee. He/She shall be responsible for keeping a record of all of the proceedings of the Commission and Operating Committee. The Secretary/Treasurer shall send written notice and material pertaining to agenda items to each Director. He/She shall have custody of the Commission's funds, shall pay its bills, and keep its financial records, and generally conduct the financial affairs of the Commission. The Secretary/Treasurer shall be responsible for the activities provided by Section 6.10. The Secretary/Treasurer shall be responsible for such other matters as shall be delegated to him/her by the Commission. Orders, checks, and drafts of the Commission shall be issued in accordance with the financial practices applicable to the member city from which the Secretary/Treasurer is elected. In conducting the Commission's financial affairs, the Secretary/Treasurer shall, at all times, act in accordance with general accepted accounting principles. The Secretary/Treasurer's reports, including any bills or claims to be acted upon by the Commission, shall be distributed to all Directors. Any persons may be engaged to perform such services under the Secretary/Treasurer's supervision and direction, when authorized by the Commission. 9.7) Other officers - The Commission may appoint such other officers as it deems necessary. All such officers shall be Directors. 9.8) Committees - The Commission may appoint such committees as it deems necessary or desirable to accomplish its purposes. ARTICLE 10. OPERATING COMMITTEE 10.1) Qualifications - The Operating Committee shall consist of the City Manager or Administrator Director appointed by each Party Member. 10.2) Authority - The Operating Committee shall have the authority to manage the property, affairs, and business of the Commission between Commission meetings, to the extent specifically delegated by the Bylaws or resolution of the Board, but at all times, shall be subject to the control and direction of the Board. 10.3) Meetings - The Operating Committee shall meet monthly at a time and place to be determined by the Operating Committee. Special meetings may be called by the Vicom Vice Chair or by any other two (2) members of the Operating Committee or by the Commission. The date and place of the special meeting shall be fixed by the person or persons calling it. At least seventy-two (72) hours (from the time of mailing) advance written notice of a special meeting shall be given to all members of the Operating Committee by the person or persons calling the meeting. The notice shall state the matters to be considered at the special meeting and only those matters shall be considered at that meeting. 10.4) Personnel - The Operating Committee shall have authority to hire, supervise, and discharge full- or part-time employees but their compensation shall be within budget limitations. The Operating Committee may make any required employer contributions which local government units are authorized or required to make by law. ARTICLE 11. FINANCIAL MATTERS 11.1) 'Commission funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by Minnesota statutory cities. Legal instruments shall be executed with authority of the Board, by any two (2) officers. 11.2) The financial contributions of the Dies Members in support of the Commission shall be per capita. Each of the dies Members shall pay to the Commission an amount a to be determined by the Board annually based upon the most recent Metropolitan Council population estimates, The fmancial contributions of Associate Members shall be determined by the Board. These amounts may be used by the Commission to pay all legal and consultant costs and expenses and other expenses as approved by the Board. The Board may authorize changes in the per capita and maximum charge for all members upon majority vote. 11.3) A proposed budget shall be formulated by the Board and submitted to the Dies Members on or before August 1 of each calendar year. Such budget shall be deemed approved by a PaFty Member unless, prior to September 15 of the year involved, the` Member gives notice in writing to the Board Chair that it • is withdrawing from the Commission. Final action adopting a budget for the ensuing calendar year shall be taken by the Board on or before November 1 of each year. 11.4) Any Pafty Member may inspect and copy the Commission books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. ARTICLE 12. WITHDRAWAL 12.1) Withdrawal - Any ley Member or Associate Member may withdraw from this Agreement effective on January 1 of any year by giving notice pursuant to Section 2 of this Article prior to September 15 of the preceding year. 12.2) Notice - In order to effectuate a withdrawal, a Pafty Member or Associate Member withdrawing from the Commission shall give written notice to the President Chair of the Commission, served personally on the Pr-esident Chair or addressed to the Pr-esident Chair at the address shown on the records of the Commission, and by giving with such notice, a copy of a resolution of its Council stating its decision to withdraw from the Commission. The withdrawal shall be effective upon actual receipt by the went Chair of such notice and resolution. The withdrawing Paf Member shall have the responsibility for such actual receipt by the Presides Chair. Upon receipt of such notice and resolution, the PFesident Chair of the Commission shall forward a copy of the notice and resolution to each Director. 12.3) Financial Effect of Withdrawal - No financial benefit shall inure to a Pafty Member or Associate Member that withdraws from this Commission nor shall there be any reimbursement for any contribution made or required of the withdrawn Party Member by this Agreement. ARTICLE 13. AMENDMENTS 13.1) This agreement may be amended only by the written approval of the City Councils of each member city. ARTICLE 14. DISSOLUTION 14.1) Duration of Commission - The Commission shall be dissolved if less than four (4) sties Members remain, or by operating of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the dies Members. 14.2) Distribution of Assets - Upon dissolution of the Commission, all remaining assets of the Commission, after payment of all obligations, shall be distributed among the Parties Members that are Parties Members to the Agreement at the time of dissolution, in proportion to their contributions and in accordance with procedures established by the Commission. The Commission shall continue to exist after dissolution for such period, no longer than six (6) months, as is necessary to wind up its affairs, but for no other purposes. IN WITNESS WHEREOF, The municipality of has caused the Agreement to be signed on its behalf this day of By: Its: Mayor By: Its: City Manager Agenda Information Memo August 15, 2000 PUBLIC HEARING A. CINNAMON RIDGE 2ND ADDITION (LOT 13, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: To approve the vacation of public drainage and utility easement on Lot 13, Block 1, Cinnamon Ridge 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On June 14, 2000, City staff received a letter from Paul Plitzuweit, resident at 4537 Cinnamon Ridge Trail, requesting the vacation of a portion of the existing drainage and utility easements on Lot 13, Block 1, Cinnamon Ridge 2nd Addition, southwest of the intersection of Cinnamon Ridge Trail and Slater Road. • The easement was originally dedicated to the City as part of the Cinnamon Ridge 2nd Addition for drainage and utility purposes. The easement accommodates existing site drainage. • The purpose of the request is to allow Mr. Plitzuweit to construct a new deck at the rear of his house on Lot 13. The configuration of the proposed deck would encroach upon some of the existing drainage and utility easement. • The request would vacate only the portion of the existing easement needed for the proposed deck. The remainder of the easement is necessary for overland drainage from the adjacent properties. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Legal Description and graphic, pages /bST & /0149 . • Location Map, page ! 7 . boy C. E. COULTER & ASSOCIATES, INC. LAND SURVEYORS Professionally Licensed In Minnuot%, Iowa and Wlaoonaln JOHN COULTER PETERSON Wood Park 1. Suite 216. 1000 East 146th Street. Burnsville, MN 55337..4656 (612) 824-0370 / (612) 953-3639 / FAX (612) 953-3971 E -Mail: couulterOisd.net I4gri Rise Construction Conetruellon Layer Platting Lot Surveys ALTA Surveys Section Subdivisions Topographic Mapping &oplan9 Centeno LEGAL DESCRIPTION: PORTION OF DRAINAGE AND UTILITYEASEMEIVT TO BE VACATED That part of Lot 13, Block 1, CINNAMONRIDGE 2"D ADDITION, according to the recorded plat thereof on frk and of moo's' hs the office ice of the County Recorder, in and forDam County, Minnesota described as follows: Commencing at the Northeast corner of said Lot 13; thence North 89 degrees 58 minutes 5 seconds West, assumed bearing along the North line ofsaid Lot 13 a distance of 86.06fieri,• thence South 28 degrees 13 minutes 02 seconds East a distance of5.68feet, to the actual point ofbeginning of the Drainage and Utility Easement to be vacated; thence South 28 dfgriees 13 minutes 02 seconds East a distance of 91.57feet,• thence South 51 degrees 03 minutes 32 seconds West a distance of 129.94feet; thence North 78 degrees 17 minutes 22 seconds West a distance of46.46 feet,• thence North 00 degrees 00 minutes 15 seconds East a distance e152.96 feet; thence South 89 degrees 58 minutes 55 seconds East a distance of 103.25fret, more or less, to the point of beginning. 1 CECPROJECT NO. 11, 813 5/24/00 SRET 2 OF2 SHEETS Filerword:1p, /plltzuwritl.doc City of Burnsville Proposed 30' Drainage & Utility Easement Vacation 1 01 g6 Lot 13,BIock 1 \ Cinnamon Ridge 2nd Add. 4537 Cinnamon Ridge Tr. Existing Drainage & Utility Easement / / / / 0 0 c Cinnamon Ridge Trail July 10, 2000 Easement Vacation Location Map Lot 13,BIk. 1, Cinnamon Ridge 2nd Add. /OCo Fig. 2 rvivu v /4, 'ARK Q � m 7/ RIVER HILLS PARK DIFFLEY METCALF DR. 5t 0 RK ST. aft • W U RD. GLORY DR. Q 0 6 a LZIRCON I ILN.I L CORAL .w xz 0 w 2 C/y a a 0 0 Itl SHALE x z 0 sA : DR PROPOSED VACATION ERIN DR. 0 z z a) EL CO WESTWOO a•• WCODHILL.(LANE CT. Z. U 0 1- 4 c/Cc. JAM JAMES 1:------7—=.:\---N-t 1 9 RD. J 0 0 111 �Aa o WAD MERE LN. • ST. ARRICK a G:VACATIONSIOn_RJdge2nd_Flp1 C:ty of Eagan C ES ?/c—Th w CLIF 0 J 0 0 z • Gt-ENFItW C7. HIPMUNK CT. TIMBER BADGER CT. TR. • ., 'L41. F c). SHAL PARK F MEADOti 1 .FREMONT COVE 2.JAN ECH TR. 3. OVERLAND CIR. 5 CfUlift.A0 1. CLIFFVIEW 4GGLEN ECHO BA LIFFHILL 6.GRANT ALCOVE KYLE WAY RAHN 7. APER B CLIFF . RD. PARK CENTER s vv 7. CLIFF LAKE ( CO. RD. 32 ) NANCY CIR. a Yd O PIN 0 RAHN WAY ' OAK DR. kBURNUM TR LANE KINGS RD. loi J 0 z RAHNCLIFF KETTLE PARK -• GECF CIR. 93 July 10, 2000 Easement Vacation Location Map Lot 13,BIk. 1, Cinnamon Ridge 2nd Add. Fig. 1 Agenda Information Memo August 15, 2000 PUBLIC HEARING B. SILVER BELL ADDITION (OUTLOTS 2 & 31 EASEMENT VACATION ACTION TO BE CONSIDERED: To close the public hearing and consider the vacation of public drainage and utility easement on Outlots 2 & 3, Silver Bell Addition concurrently with the Final Plat application for Space Center Air Cargo, and if approved, authorize the Mayor and City Clerk to execute all related documents. FACTS: • On June 9, 2000, City staff received a letter from Chas Arend, Vice -President, Facilities for Space Center Air Cargo, Inc., requesting the vacation of the existing drainage and utility easements on Outlots 2 and 3, Silver Bell Addition, northwest of the intersection of Kennebec Drive and Silver Bell Road. • The easements were dedicated as part of the Silver Bell Addition plat for drainage and utility purposes, including ponds. • The purpose of the request is to allow Space Center Air Cargo, Inc. to construct a new office warehouse building on Outlots 2 and 3. The configuration of the proposed building would encroach upon some of the existing drainage and utility easements, conflicting with some existing storm sewer pipe. The applicant is proposing to relocate the existing storm sewer to allow the building construction under the terms of a new conditional use permit and building permit associated with the new final plat, Space Center Air Cargo. • Adequate replacement drainage and utility easements will be dedicated as part of the final plat combining the two outlots which will be considered under separate item later on the agenda by the City Council. • The request would vacate the existing easements, avoiding future conflicts with underlying easements. ATTACHMENTS: • Legal Description, graphic, page/09 . • Location Map, pages iib throe . 1a0 EASEMENT TO BE VACATED Vacate all existing drainage and utility easements over Outlots 2 and 3, Silver Bell Addition, Eagan, Dakota County, Minnesota - / / i / / S,'i t t-2 / / s[taac i'lir.Z.,"11'1 hLe„4,4. j / / 4cft'z'"r t I V // .i . /,/// 11 //// / ga—/- 1L771 f / / ORAMAO[ 1 VAT' CASOExT L., --MX Roe SLIM s t2rtsx aaas IDI (.r1111, :2.r .. Cwi.... PROPOSED VACATION NO SCALE 6-12-2000 6-15-2000 cl. City of Eagan PROPOSED EASEMENT VACATION SILVER BELL RD. & KENNEBEC DR. ft.totATION MAP Figure 1 (Ib Agenda Information Memo August 15, 2000, Eagan City Council C. VARIANCE — KATHLEEN ANDERSON AND DENNIS DRINKWINE (607 EDEN CIRCLE) ACTION TO BE CONSIDERED: To approve a Variance of approximately 6 feet to the required thirty-foot setback from a public right-of-way for a garage addition at 607 Eden Circle, legally described as Lot 5, Block 4, Coventry Pass, located in the NE 1/4 of Section 34. FACTS: • Kathleen Anderson and Dennis Drinkwine are proposing to construct a third stall addition to their garage at 607 Eden Circle. • The lot is located on the inside curve of Eden Circle, similar to a corner lot with street frontage on two sides. • The front outside corner of the proposed third -stall addition will extend approximately 6' into the required 30' setback, resulting in a 24' setback at its closest point to Eden Circle. ISSUES: • The need for a 6' variance could be avoided or reduced if the garage addition was shifted to the south. ATTACHMENTS: Staff Report, pages (1 a through (Ii • 111 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 8, 2000 APPLICANT: Kathleen Anderson Dennis Drinkwine PROPERTY OWNER: Kathleen Anderson Dennis Drinkwine CASE: 24 -VA -09-06-00 HEARING DATE: August 15, 2000 PREPARED BY: Tanda Gretz REQUEST: Variance LOCATION: 607 Eden Circle COMPREHENSIVE PLAN: D -II, Mixed Residential (0-6 units/acre) ZONING: PD, Planned Development SUMMARY OF REQUEST Kathleen Anderson and Dennis Drinkwine are requesting a 6 -foot Variance to the required 30 - foot setback from a public right-of-way for property at 607 Eden Circle, legally described as Lot 5, Block 4, Coventry Pass in the NE Y4 of Section 34. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. IR Planning Report — Anderson/Drinkwine Variance August 15, 2000 Page 2 CODE REQUIREMENTS The City Code requires a minimum building setback of 30 -feet from the property line abutting a public right-of-way. BACKGROUND/HISTORY Coventry Pass Planned Development was initially approved December 3, 1989. The R-1 zoning district standards were applied to this single-family development. The house was constructed in 1990. EXISTING CONDITIONS The subject lot is located on the inside of a 90 -degree curve in Eden Circle, which makes the property similar to a corner lot with public street frontage on two sides. The existing house has an attached two -stall garage, measuring 20'X 20', which is sited on the side of the house next to Eden Circle and away from the neighboring residence. The existing garage setback from Eden Circle is 30' from the front and 47' from the side. EVALUATION OF REQUEST The applicant is proposing to construct a 14'6" X 20' addition to the existing 20' X 20' attached garage. The placement of the existing home on this lot is such that the addition would extend nearer Eden Circle, and not to any neighboring property. Because of the curve in the right of way at the north corner of the lot, the front outside corner of the proposed garage would extend approximately 6' into the required 30' setback, resulting in a setback of approximately 24' at its closest point to Eden Circle. The variance could be avoided or reduced if the applicant shifted the garage addition to the south. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant: • The variance is needed only for the front outside corner of the proposed garage, as all other portions of the structure will exist within the required 30' setback. • The proposed addition will be "consistent in appearance with other 31'd garage stalls in the neighborhood." /13 Planning Report — Anderson/Drinkwine Variance August 15, 2000 Page 3 • Construction of the addition without the variance would force placement of the garage addition further back on the lot, which would obstruct the "view surrounding the laundry room window, creating a security hazard." SUMMARY/CONCLUSION In summary, the applicant is requesting a Variance to construct an addition to the existing attached two -stall garage on the inside of a curved street, similar in layout to a corner lot. The majority of the proposed addition would be within the required 30' setback, excepting the outside front corner, which would have a setback of approximately 24' at its closest point to the right of way. Shifting the addition to the south could still allow for the 3`d stall to be added, but would eliminate the need for or reduce this setback variance. ACTION TO BE CONSIDERED To recommend approval of a 6 -foot Variance to the required 30 -foot setback from a public right-of-way for property at 607 Eden Circle, legally described as Lot 5, Block 4, Coventry Pass in the NE 1/4 of Section 24. If approved the following conditions apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a building permit prior to beginning construction. 3. The proposed addition shall be constructed using materials to match the existing structure. Location Map Eagan Boundary St...t G.natorllno PareN Aro Building Footprint 4110 t '' ifillwai k ii , m _ \ ikM tri ._ 3 ea hir ge a si Ailltilibft . , .........,;, ., 1111- PsW n. ses.nrooe ler iy -�a s ® �. li Ilk r 11 I I 1 I hi 1'®ik � .�T . j , -. i:**oig qr.:® 11 ®®t®®© Fa vAilitv. � 10® adsp 0 5�®ae Grp1 . ia. 1111IN ' eiu ell At ititeeitr *; ;E.' Al 44 tdt a OttAVA*4140#40 0'4 '74 in W .11/i'avett 'a ' e v v4, 4- • • Affi:b14 r„ii, ti44 ®Pot t' tel® ,� 'b® ,1044,As 3 ssidiriamitosub ect Site Too,pa,.. 1 Oar. os 4: P Phli tt. ; ® .A coy 44> 0%04 ATTePos.a.ire 4. ar. 011 4 Alisrs 4510",./i/.4442" 414141 Attnaost:' f411.. 4110 wv Na- 4#3ik, -14-- 404014*(4A 100 *MO 4011441134'00Nit4. 4)44, al * 4111144* d 4V 4"g* 94t 0 SO //kb 0 4* 4111. .A.,p 44 4* dtt al '4W V. A I 4 V 11W r + 00 OV <4* • Al° 4 tk, tegik 4 4,4 01 gokiPs IMF . ‘-'1.'111M1, - 9' , sif ‘"IttihrA911116 .41" 4 11 44# t"41147. - il i,"04/i. 3* MN .{{w{LL �� {0'Eag 4.14SAYkillt OW;1111E&A _ ®six f` .INv®� 4:. 0© v®®®�®©,4sSe�aoP e � ® t®oma ®..po ©®©�cq�e� � �o®meq D. talgilic.;;› i 11 , 1.1- 0, 0�Asig IW, o ®©®,�,....ti ' i. ' . orae+• e► er.ew w. d 7 _ 1000 0 1000 2000 Feel 1 Development/Developer: Anderson/Drinkwine Application: Variance Case No.: 24-VA-09-06-00 City of Eagan C.mmu.tty o•.el•Pm..t D{partm..t Map Pr pamd using ERSI AroVlew 3.1. Parcel base map data provided by Dakota County Land Survey Department and Is currant as of June 2000. THIS MAP IS INTENDED FOR REFERENCE USE ONLY Tho Clty of Eagan and Dakota County do not guaranto. tho accuracy of this Information and aro not responalblo for anors or omissions. N E W+ s / T ^ T T * PIONEER * engineering >k* ** LAND $URVt!OM • CIVIL (NGIN((RS bANb ►l ArrN(rrS • LAMCes A► ! AR^MITCCTS L••ll L'1 \['l ti,li: Uri v.!. Mendota 11►ight!. MW 55120 (612) 681.1914 Certificate of Survey for: —ME HOT OT 7L(J_ D_CQ.I A .X__. NORTN P R.V. REQUIRED .900.0 Denotes existing ekvafion 9 T) Denotes proposed elevation Denotes braina0e i Ufilif Eolsemenf Denotes Drains 5e Flow Arrows o DenoIes monun en f Bedriqs shown are assumed LOT5,8LOCK 4 DAkor COUNTY, MINNE5077— P opn;SF/7 NOUSE Ec-EVA7 jQ 5 Lowest Floor Elevation eo 77 75p of Block Elevation es 77 Garage Slab Elevatron (3 V3 n Denotes cef Hub COvENTRy PASS Subject to easements c record I hereby sadly that Oh ',mom. plan to report ver prep tiryred l y m4•gr unduoe er i w direct frvitloRevivified and that 1 .dulRevivified la J Sutvreor uwwer the ta,ve 01 the State of Mtnnesnte. 1AIted this #Y�%IL'1 dr,.// of 14A 0 19-a° ca '5 89102 rief Antc*T O. %IKI e n n ten. leant g 3 )71! 1'1') 7 nil 11 Li 5 a 4 111 1 • 0 au a b f:71 vol .1mEto 1 0 LU CD: .47;02. {.2:i L - " -"Oen CSrrLL Et .04-/ lit? a g 1 I. 0 1- W W 2 2 O CORPORAT ST. PAUL, MN 55108 PHONE: (814) 845-0331 !WI 104 .11 odd • I am planning to have a third garage stall added to my existing double garage. In order to do so, I am requesting a variance of city code requiring structures to be a minimum of 30 feet from the street property line. The front and side of the new garage will be more than the required 30 foot setback. The outside front corner however, will be closer (less than 30 feel) because of the curve in the street. • I am requesting a variance of approximately 6 feet for the outside front corner of the new garage • The existing garage is 20" X 20' • The new garage will be 14' X 20' with a 18" setback from the existing garage • The approval of this variance will allow me to add a garage stall that is consistent in appearance with other 3rd garage stalls in the neighborhood • Without the approval of this variance request, the addition of the 3rd garage stall will result in an area with obstructed view surrounding the laundry room window, creating a security hazard variance area Agenda Information Memo April 15, 2000 Eagan City Council Meeting D. MINOR SUBDIVISION (KONOLD ADDITION) BRUCE KONOLD ACTION TO BE CONSIDERED: To approve a Minor Subdivision (Konold Addition) located south of Lone Oak Road and west of Pilot Knob Road in the SE `/a of Section 4. FACTS: ➢ The property is currently platted as the south 208 feet of Lot 6, Zehnder Acres. ➢ The site is surrounded on the north, east and west by single family residential uses that are zoned R-1, Single Family Residential and designated D -I, Single Family Residential (0-3 units/acre) and on the south by Pilot Knob Elementary School. ➢ The subject site is presently occupied by a single family dwelling. While, the lot in question is considered "oversized" (being more than twice the size of the minimum R-1 district lot size requirement), it is comparable in size to most single family lots in the area. ➢ The subject site lies in an area characterized by "oversized" lots. The subdivision's proposed lots do however, satisfy minimum R-1, zoning district area requirements and are similar in size to those within a pending development proposal to the north. ➢ The applicant is proposing to subdivide the subject property into 24,415 and 17,168 square foot lots. ➢ The proposed subdivision will not result in the creation of any non -conforming setbacks. ➢ The subject site lies within Airport Noise Zone IV. As a result, new construction must incorporate sound attenuation standards. ATTACHMENTS (3): Staff report, pages 41 through 133 Anne Maag correspondence, page faq Ken and Lynn Storia correspondence, page 13S 00 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 1, 2000 APPLICANT: Bruce Konold PROPERTY OWNER: Bruce and Tamera Konold REQUEST: Minor Subdivision (Konold Addition) CASE: 04 -MS -04-07-00 HEARING DATE: August 15, 2000 PREPARED BY: Bob Kirmis LOCATION: North of Lone Oak Road and west of Pilot Knob Road (South 208 feet of Lot 6, Zehnder Acres) COMPREHENSIVE PLAN: D -I, Single Family Residential (0-3 units/acre) ZONING: R-1, Residential Single Family SUMMARY OF REOUEST Bruce Konold is requesting Minor Subdivision approval to allow the subdivision of a 41,583 square foot single family residential lot located north of Lone Oak Road and west Pilot Knob Road in the SE 1/4 of Section 4. Specifically, the applicant is proposing to subdivide the subject property into 24,415 and 17,168 square foot lots. The property is currently platted as the south 208 feet of Lot 6, Zehnder Acres. QUALIFICATION To qualify as a minor subdivision, City Code Section 13.10 Subd. 1 states that the following conditions must be satisfied: A. The application shall involve the division of one (1) platted lot into not more than two (2) lots, both of which meet all minimum dimensional requirements of the Zoning Code. B. The proposed lots shall have access to an improved street(s) and shall connect to municipal sewer and water facilities. C. The subdivision shall meet all dedication and other requirements of the City Code. tat Planning Report — Konold Addition August 15, 2000 Page 2 D. The lot shall not previously have been subject to minor subdivision. The proposed lot division satisfies the preceding qualification criteria. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause -an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. Planning Report — Konold Addition August 15, 2000 Page 3 K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The Zehnder Acres subdivision was originally approved in 1950 and consisted of 22 lots. In 1959, a home was constructed on the northern one half of Lot 6 which was provided access from Lone Oak Road. In 1977, Lot 6 was subdivided into northern and southern halves. As part of the subdivision, a driveway easement was established over the southerly lot (the subject property) so that access to the pre-existing home could be maintained. Also in 1977, a home was constructed on the eastern half of the subject property. EXISTING CONDITIONS The subject site is presently occupied by a single family dwelling. On the east side of the dwelling, a driveway exists which provides access to a home lying north of the subject property. All structures exist on the eastern half of the subject property. While, the lot in question is considered "oversized" (being more than twice the size of the minimum R-1 district lot size requirement), it is comparable in size to most single family lots in the area. The property is provided street frontage along Lone Oak. SURROUNDING USES The site is surrounded on the north, east and west by single family residential uses that are zoned R-1, Single Family Residential and designated D -I, Single Family Residential (0-3 units/acre) and on the south by Pilot Knob Elementary School. EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject site lies in an area characterized by "oversized" lots. The subdivision's proposed lots do however, satisfy minimum R-1, zoning /a3 Planning Report — Konold Addition August 15, 2000 Page 4 district area requirements and are similar in size to those within a pending development proposal to the north. The proposed subdivision (and resulting new single family residence) is not expected to negatively impact surrounding properties. Lots - Both proposed lots comply with minimum R-1 district lot size requirements, the minimum 12,000 square foot lot area and 85 foot lot width requirement (as measured at the required front yard setback line). Setbacks - The proposed subdivision will not result in the creation of any non -conforming setbacks (including accessory building setbacks). Density - A density of 2.1 units/acre has been proposed which is consistent with the D-1 density requirements (0-3 units/acre) of the Comprehensive Guide Plan. Airport Noise - The subject site lies within Airport Noise Zone IV. Within this area, infill single family development is conditional. To approve development in the area, the City needs to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on -ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run- up areas. Grading/Topography - The first floor elevation grade of the proposed house on Lot 2 is approximately two feet below the existing house elevation on Lot 1 and 8 feet above the existing house to the west (1431 Lone Oak Road). The proposed grades for Lot 2 meet minimum City slope requirements. Utilities - Sanitary sewer and water main are available within Lone Oak Road for connection by this development. Any existing well or septic systems within the development should be abandoned in accordance with City and Dakota County requirements. /d� Planning Report — Konold Addition August 15, 2000 Page 5 Streets/Access - Public street access is available from Lone Oak Road to the south. The preliminary grading plan shows a shared driveway access for Lots 1 and 2 onto Lone Oak Road via an existing driveway on Lot 2 (1427 Lone Oak Road). This driveway is also currently the only public street access for the existing house to the north (1429 Lone Oak Road). Lone Oak Road (County Road 26) is a Dakota County roadway. The developer should restrict driveway access onto Lone Oak Road as required by Dakota County. The developer should prepare private driveway easements between Lots 1 and 2 for review and approval by the City Attorney. Easements/Permits/Right-of-Way - The existing dedicated public right-of-way on Lone Oak Road adjacent to the development is sufficient to accommodate Dakota County's future roadway needs. The developer should obtain Dakota County permit approval for all work within Lone Oak Road right-of-way. Parks - Proposed Lot 1 will be subject to a cash parks dedication of $1,272 and a cash trails dedication of $168 to be collected as a condition of minor subdivision approval. Tree Preservation - Tree preservation issues will be addressed as part of building permit issuance. Water Quality/Wetlands - Proposed Lot 1 shall be subject to a cash water quality dedication of $1,673. SUMMARY/CONCLUSION The proposed subdivision appears compatible with existing and anticipated uses in the area. ACTION TO BE CONSIDERED To approve a Minor Subdivision entitled Konold Addition located north of Lone Oak Road and west Pilot Knob Road in the SE 1/4 of Section 4. If approved, the following conditions should apply: 1. The subject property shall be platted. 2. The applicant shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, B3, and El /RS Planning Report — Konold Addition August 15, 2000 Page 6 3. Architectural designs and construction methods for new construction shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. This will require an inside noise level reduction of at least 20 dBA. 4. Proposed Lot 1 shall be subject to a cash park dedication of $1,272. 5. Proposed Lot 1 shall be subject to a cash trail dedication of $168. 6. Proposed Lot 1 shall be subject to a cash water quality dedication of $1,673. 7. Any existing well or septic systems within the development shall be abandoned in accordance with City and Dakota County requirements prior to the issuance of building permits for proposed Lot 1. 8. The developer shall restrict driveway access onto Lone Oak Road as required by Dakota County. 9. The developer shall prepare private driveway easements between Lots 1 and 2 for review and approval by the City Attorney. 10. The developer shall obtain Dakota County permit approval for all work within Lone Oak Road right-of-way. FINANCIAL OBLIGATION Konold Minor Subdivision There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk SF $900/Lot 1 Lot $900 Water Trunk SF 940?Lot 1 Lot 940 Storm Sewer Trunk SF .086/Sq Ft 41,600 Sq Ft 3,578 TOTAL $5,418 17 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. /c 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10. 1990 LTS#5 STANDARD.CON Revised: February 2, 1993 laq Location Map Eagan Boundary Str..t Centerline Parcel Area - Building Footprint e ' I\I .� /741 eov��at gm cuooa�� ' . ��cc;cc©rgto WA 211111E111&1 -��a��iP'I' %Tarr 114111111t9Rilmoy rAWtTeTilige 1E9 ri '-'4"ffww p ��bu =elm b ect Site um DQzc ;ciccOGOGG kifa rum im r Ging • %% rgri PEI RI realiall 4 dai'BE .4" mPE em B 1��Q4 ©�S�o°St•Ni. Dov. Falb Dv osi:®. tvii antit, , 1ow toriY IAli s 1 IMI 7 1 1 4 ..11.11M1 TR 3M 1 1 1, v en2L 11..kpY 1.11.111•11.1 SOO/ Mir ME • 4e:14eopiv; ki �c� pocksadoliecoriar. 1 1000 0 1 1000 1 F' I • U 2000 Feet Development/Developer: Konold Addition Application: Minor Subdivision Case No.: 04 -MS -0407-00 130 City of Eagan Comm.. y-wN,pm,nt Dyartma.t MQ Prepared Wn0 ENS *Warm 11. Parol bus mei) data prodded by Wogs Canty Lad Survey Osprtrr.rt and is awaits d,kns 2 Xt. THIS MAP IS INTENDED FOR REFERENCE USE ONLY Th. City of Eagan and Dakota County do not guarantee tbe accuracy of this Information and aro ..t responsible for errors or omissions. W+ E 1 +1. t•x sF. ty` 1 tj JI ij 4}3� =.IIS TSF 1 £ Y 4 r- tIiiiItp it - f 3i11$! MJ as —III 0'OOg oag200]II IYiFttY t� II I'1 t�3iiY ireg pi Its#tt E LEE a#_='- 8 ti - It, 1:4 tui It, pritt EF>?EttEti /31 SITE SURVEY :s., - '--5 - r 77---.....: —.......3- __ _.9--74.7.--L-9 Q p cc —•••111•--z-- 1' '2. - . fr .__ \\R\\\\\\\\� yy C Is v tl I e� tits 1..1 Iu 1 X33 GRADING AND UTILITY PLAN August 8,'2000 `' ! 3 701A Dear City Council Member: I want to bring to your attention some issues regarding the upcoming vote at the City Council meeting on August 15, 2000 in regards to the Konold Addition, case #04 -MS -04-07-00. If this addition is approved it will split a single family lot into two single family lots. It will also cause the addition of a frontage road for a driveway to access this second lot. As was brought up at a prior City Council meeting regarding the Kennerick Addition, the lots in this area of Eagan are fairly good size lots. All of the homes along Lone Oak Road and within the adjoining area of Lone Oak Road share these similar lot sizes. If you approve the splitting of this individual lot you will be setting a precedent for the contractor of the Kennerick Addition to also appeal for smaller lot sizes. If you recall, Mayor Awada already stated at the last City Council meeting when the Kennerick Addition was discussed, that she felt that there was a density problem regarding the plans for the Kennerick Addition. Through certain sources who have talked with the contractor of the Kennerick Addition, Brad Swenson, he is waiting for your approval of this Konold Additon so that he can justify his position to have smaller lots in the Kenerick Addition. I am urging you to carefully consider approving the Konold Addition due to the ramifications which will occur after your approval not only for the property holders adjacent to the Konold Addition but also for all the property owners involved in the Kennerick Addition as well. Despite what I feel is the main reason for not approving the Konold Addition, that of density, there are many more issues involved. The County has already plotted out the lots on Lone Oak Road for the size that they are. It is therefore not legally possible to put a driveway coming directly off of Lone Oak Road to where a new house would be on the newly created lot. A frontage driveway would then have to be put in running parallel to Lone Oak Road to accommodate this new lot. There are no such driveways on Lone Oak Road or in the area which I am aware that are designed like this. It would make that part of Lone Oak Road look peculiar and change the aesthetic attractiveness of Lone Oak Road. There is a particularly large amount of traffic which would view this since Pilot Knob School is directly across the street. As well as the frontage driveway looking peculiar, the mere fact that all the houses are now evenly spaced on Lone Oak Road adds to the aesthetics of that area. Adding another house would cause the area to look odd and cramped. Homeowners purchase property with the intent in mind that the lots will remain the same. The property owners who purchased the property next to 1427 Lone Oak Road intending to view their neighbors house from across their yard, not nose to nose with them as a new lot would cause. If you approve this what is to stop everyone from splitting down their lots and doing all kinds of weird and distasteful things with their property. This is not a precedent Eagan wants to set for its property development standards, new and existing. Thank you for your time in listening to my concerns and in giving thoughtful consideration to the Konold Addition which might otherwise be rubber stamped for approval. Sinrely, aag 1441 Lone Oak Road Eagan, MN 55121 651-454-5038 13(1- r Kelly and Lynn Storla 1431 Lone Oak Road Eagan, MN 55121 August 10, 2000 Mayor Pat Awada 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Awada, We are writing to make you aware of our concerns regarding the proposed Konold Addition on 1427 Lone Oak Road. The Konold's are requesting permission to sub- divide their existing lot to create an additional buildable lot. Previously when they approached the county about this plan, the county turned them down because the county would not allow any additional driveways off of Lone Oak Road. In order to get around this, the Konold's plan to connect a driveway to theirs (which they are already sharing with another family). Then this new driveway would run across their front yard - parallel with Lone Oak Road. We hope that you can visualize what an eyesore this would be. The homes in our neighborhood sit on large lots and are well centered on these lots. Subdividing the Konold property would create a long and very narrow lot that would not be in keeping with the existing neighborhood. A new home would take up nearly the entire width of the lot, squeezing the homes on either side, one of which is ours, to the west. By looking at the attached photocopies you can see that a real effort would need to be made to wedge a home in between our home and the Konold's. The homes would look unacceptably close together. We want you to realize the impact this subdivision and the proposed driveway would have on our property values and ask that you closely consider what approving the Konold proposal would do to the aesthetics and appeal of our homes and neighborhood. Sincerely, 4 etrvd 041,1 MYee— Kelly and Lynn Storla I3s Agenda Information Memo August 15, 2000 Eagan City Council Meeting VIII. OLD BUSINESS A. REOUEST TO RECONSIDER — SALEEM RAZA ACTION TO BE CONSIDERED: To Reconsider the denial of the Minor Subdivision request of Ray Brandt for a 28,989 square foot lot located south of Wescott Road between Stony Point Road and Hyland Court in the NE 1/4 of Section 23. FACTS: ➢ At its regular meeting of July 18, 2000, a pubic hearing was held to consider the minor subdivision (Gardenwood Ponds 5t Addition). At the meeting, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the minor subdivision. D At the August 1, 2000 regular meeting, the City Council confirmed the Findings of Fact, Conclusions & Resolution of Denial. ➢ The property owner has submitted correspondence supporting his case for reconsideration and approval. ISSUES: D If reconsideration is granted, the Council would schedule the item on the September 5, 2000 City Council agenda and direct staff to re -notice adjacent neighbors. ATTACHMENTS: (1) Saleem Raza and Sabeen Fatima correspondence, pages 13 7 through / O. 13to SALEEM RAZA & SABEEN FATIMA 902 HYLAND CT, EAGAN, MN 55123 July 20, 2000 Honorable Mayor and City Council Member City Of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mayor and City Council Members: SUBJECT MINOR SUBDIVISION, GARDENWOOD PONDS FIFTH ADDITION, LOCATED AT 902 HYLAND COURT On Tuesday July 18th, 2000, minor subdivision of 902 Hyland Court was presented to Eagan City Council, and it was rejected by City Council. FACTS ABOUT 902 MINOR SUBDIVISION. 1) 902 Sub Division plan fulfills ALL City of Eagan Requirement including 30 feet set back. 2) City of Eagan's Design/Development Engineer JOHN P. GORDER, PE has reviewed this plan and approved it by saying this subdivision fulfills all the city requirement. 3) City of Eagan's Planner BOB KIRMIS, AICP has reviewed this plan and when I talked to him on the phone he said the same words, this subdivision fulfills all city requirement and don't see why this not to be approved by city council. (P/�,n r, � ry o Pio j- [. ) 4) The house I am planning to build on this new lot will be a single family home with the finished sq. feet of 3024. ( plan is attached) 5) All the Other house in this neighborhood are smaller ( detail is attached) ON JULY 18, 2000 AT THE CITY COUNCIL MEETING, I FELT THAT MY RIGHT HAS BEEN VIOLATED AS A PROPERTY OWNER. I BELIEVE THAT IT IS MY RIGHT TO SUBDIVIDE MY PROPERTY WHEN I LIKE TO. I ALREADY FULLFIED ALL THE CITY REQUIRNEMT FOR THIS SUBDIVISION. PLEASE LET ME KNOW IF I WILL BE ANY ASSIST. T 137 cerely, Saleem Raza and Sabeen Fatima 612 — 614 — 2276 (Work) PROPERTY RECORD DETAILS OF STONY POINT RD. 976 Stoney Point Finished SQ FT 1335 979 Stoney Point Finished SQ FT 1936 972 Stoney Point Finished SQ FT 1951 987 Stoney Point Finished SQ FT 2020 984 Stoney Point Finished SQ FT 1583 995 Stoney Point Finished SQ FT 2035 971 Stoney Point Finished SQ FT 2012 964 Stoney Point Finished SQ FT 2205 Source for all the data is DAKOTA COUNTY PROPERTY INFORMATION My Proposed House will be 3024 Finished SQ FT KY LAND ip..21prim HOMES .4 • . ' ' = •C • : , . • ::741;41‘:1 ELEVATI Optional Brick , I 1.1.,,.'1:1:2!„ es. .., 1 t: • AA 4. • • The Williamsburg I PLAN 3607 1008 sq. ft. main level 2016 finished sq. ft. 4- 100g = 302-11 -X" (TAAA-1 -11.4_ 661., ..11,„ ev„) 00 -\\ KITCHEN GARAGE Drawings are general representation only. 3:11m DINING ROOM DINETTE FAMILY ROOM 0 up FOYER \\I Main Level /3? BEDROOM N M. BATH • CLOSET Upper Level BEDROOM OWNERS SUITE IkquItttsANII)0A1NI` Builder License *1553 tr.)! N if) CD to6 I 6 ` J ` CO Existing house y 1 26a -r- NSP & )Dvkoto Electric Esmts N 00'00'08" W 96E3 _Q Ca - 0 c ,Z 6, O • • P4 ->v /qo Agenda Information Memo August 15, 2000 Eagan City Council Meeting IX. NEW BUSINESS A. CONDITIONAL USE PERMIT AND FINAL PLAT (SPACE CENTER AIR CARGO) — SPACE CENTER AIR CARGO INC. ACTION TO BE CONSIDERED: ➢ To approve a Conditional Use Permit to allow the establishment of a freight terminal upon a upon a 14.9 acre site (Outlots 2 and 3, Silver Bell Addition) located northwest of Kennebec Drive and southwest of Freightmasters subject to the conditions listed in the APC meeting minutes. ➢ To approve a Final Plat (Space Center Air Cargo) establishing a 14.9 acre lot upon property currently platted as Outlots 2 and 3, Silver Bell Addition (within the SE '/4 of Section 18). FACTS: ➢ The Metropolitan Airports Commission recently purchased Space Center's air freight facilities located at the airport in order to accommodate construction of the new north/south runway. Because the new airport configuration does not provide land for use by air freight forwarders, the proposed freight terminal is intended to replace the soon to be demolished facilites located at the airport. ➢ The subject site exists in an area that is characterized by industrial and warehouse - type uses, several of which include accessory truck storage activities. ➢ The proposed outdoor storage activities associated with the freight terminal use appear consistent with the City's outdoor storage guidelines and the other industrial activities in the area. Storage is to be confined to the interior "truck court" and an area north of the proposed building. D. The site in question currently overlays two outlots (Outlots 2 and 3, Silver Bell Addition). As a condition of CUP approval, the two outlots must be platted as a single lot of record. ➢ To mitigate possible adverse impacts associated with an I-1 zoning district abutting agricultural and residential designations, the following steps have been taken. • As suggested by the Trucking Study (1997) and required by the City Code, a 100 foot setback has been provided along the site's southern border. 1�I • Landscaping has been proposed within the referenced buffer yard comprised of both new and existing vegetation. • The building has been located and configured such that it further serves to buffer truck storage and loading activities from the adjacent agricultural and residential zones. At its closest point, truck storage and loading activities will occur 270 feet from the nearest agricultural or residentially zoned parcel of land. ➢ At their regular meeting on July 25, 2000, the Advisory Planning Commission held a public hearing to consider the Conditional Use Permit and recommended approval (on a split vote) subject to the conditions listed in the APC meeting minutes. ISSUES: ➢ Testimony at the public hearing included concerns relating to noise, fumes, odors, traffic, buffering and hours of operation. ➢ As a result of concerns highlighted at the public hearing, the following conditions of approval were added by the APC to those listed within the planning report: 13. The ratio of office to warehouse use shall be sufficient to satisfy the City Code off-street parking requirements. 14. Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. Monday through Saturday. 15. The applicant shall provide plans for additional buffering from the residential property by fencing and/or berming. ATTACHMENTS (5) July 25, 2000 APC Meeting Minutes pages through I4{p Staff report, pages IV through 1475 Betty Basset correspondence, pages/Ili/through 173 Applicant correspondence, pages ll4 through Noise Impact Assessment, pages through 1� Advisory Planning Commission July 25, 2000 Page 3 DRAFT CONDITIONAL USE PERMIT — SPACE CENTER / AIR CARGO, INC. Chair Heyl opened the next public hearing of the evening regarding a conditional use permit to allow a freight terminal on property legally described as Outlots 2 and 3, Silver Bell Addition, located on Kennebec Drive at the end of Wuthering Heights Road in the SE 'A of Section 18. Planner Kirmis introduced this item and highlighted the information presented in the City staffs planning report dated July 18, 2000. Mr. Kirmis noted the background and history, the existing conditions and the surrounding uses of the subject property. There were three residents who spoke. Their comments and questions included: • Concern over increased noise in the area due to truck traffic • Concern over the bottleneck situation on Silver Bell Road and Highway 13 • Request for increased buffer adjacent to residential area (20 feet above parking lot with 10 foot trees) • Concern that the Wuthering Heights area residents had not been notified of the public hearing • Concern over runoff into the pond and the overflow of the pond in the case of heavy rainfall • Concern over fumes and odors generated by the trucks • Number of trucks per day that can be expected in the area • Hours of operation Don Grant, representing Space Center Air Cargo, Inc. stated he was not sure how many trucks could be expected in the area, as specific tenants have not been secured for the freight terminal. He stated the individual tenants would decide the hours of operation. He addressed the landscaping and berming issues. He stated that due to the design of the site/building, the 24 -foot high building would buffer truck activity and noise from the residential area. Peter Villard, Pope and Associates, architect for the project, discussed the landscape plan, stating there would be a mixture of pine trees and shrubs. Chair Heyl asked Mr. Villard to address the ponding, noise, odor and fumes issues. Mr. Villard stated that noise, odor and fumes issues are a product of the industrial zoning designation of the area. He stated that these issues had not been addressed but, based on the building design, they did not anticipate any problems. Mr. Villard went on to state they will only be enlarging an existing City owned pond and it is designed to handle a 100 -year rain and the outlet is to the north. He further stated the pond is a sedimentation pond. Advisory Planning Commission July 25, 2000 Page 4 DRAFT Member Steininger asked about the grading plan along the west side of the property, which abuts the residential area. He also asked if the architect had considered a sound barrier along the west side. Mr. Grant stated that they would consider placing a fence in the area that would serve as a sound barrier, as well as security for the property. Member Nosbush asked from what direction the majority of traffic would generate. Mr. Grant stated most of the traffic would be from the north on Cedar Avenue and Highway 13 toward the airport. Design Engineer John Gorder explained that if the pond overflows, the water would flow north into the river valley. Chair Heyl asked about the timeframe for Highway 13 improvements. Mr. Gorder stated construction should begin in the spring of 2001. There being no further public comment, Chair Heyl closed the public hearing. Member Tilley stated she felt the Commission should be sensitive to the needs of the neighbors. She also questioned future development on the riverfront property. Senior Planner Mike Ridley discussed the Comprehensive Guide Plan for the area. Member Nosbush stated that this is not the appropriate timing for this project, as the highways cannot currently bear increased truck traffic. He stated the project should be delayed until Highway 13 is upgraded. Member Segal stated he would like to see more information provided regarding the elimination of noise. He suggested the issue be continued until this information is provided. Member Tilley stated she agreed with Member Segal. Member Steininger stated he felt the applicant has offered a sufficient amount of information regarding the elimination of noise. He further stated that he felt the visual impact of the proposed project would be greater than the noise, as the building will serve as a buffer. He suggested that fencing would serve as a noise and visual buffer. Chair Heyl stated she agreed with Member Steininger. Member Steininger stated he felt the hours of operation should be restricted. Member Steininger moved, Member Segal seconded a motion to recommend approval of a conditional use permit to allow a freight terminal upon a 14.9 acre site located northwest of Kennebec Drive and southwest of Freightmasters in the southeast '4 of Section 18 subject to the following conditions: Advisory Planning Commission July 25, 2000 Page 5 1. The property shall be replatted into a single lot and block. DRAFT 2. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council with the plat. 3. Outdoor storage activities shall be confined to the northern portion of the site and interior "truck court" area identified on the site plan dated 7/5/00. Outdoor storage shall be limited to semi -trailers, tractors, straight trucks, vans and shipping containers. 4. Retail sales activities shall be prohibited. 5. The City shall reserve the right to require the construction of the "proof of parking" stalls if the need arises. 6. All trash and recyclable materials shall be stored inside the principal buildings or within a trash enclosure, attached to the principal building, which satisfies city code requirements. 7. A Lighting Plan shall be submitted which identifies location, height and luminaire specifications of all freestanding and building mounted fixtures. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights- of-way. 8. All site signage shall comply with applicable requirements of the City Code. 9. The applicant shall comply with all City requirements regarding developer installation of public improvements. These requirements include providing adequate financial guarantees, meeting City engineering design standards, providing as -built record plans, etc. 10. The applicant shall dedicate adequate public drainage and utility easement on the final plat over the relocated public storm sewer line. 11. This development shall be responsible for a cash parks dedication and a cash trails dedication due at the time of building permit. 12. The existing stormwater treatment pond shall be modified to include an additional 2.40 acre-feet, in accordance with NURP standards. The pond shall have a maximum depth of 10 feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. 13. The ratio of office to warehouse use shall be sufficient to satisfy the City Code off- street parking requirements. 14. Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. Monday thru Saturday. Advisory Planning Commission July 25, 2000 Page 6 DRAFT 15. The applicant shall provide plans for additional buffering from the residential property by fencing and/or berming. Chair Heyl stated she is opposed to limiting the hours of operation, as this stipulation has not been placed on other similar businesses. The motion passed 5-2. Nosbush and Huusko opposed. Member Kaess abstained. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 18, 2000 CASE: 18 -CU -06-06-00 18 -FP -09-06-00 APPLICANT: Space Center Air Cargo, Inc. HEARING DATE: July 25 2000 PROPERTY OWNER: Ronald Have PREPARED BY: Bob Kirmis REQUEST: Conditional Use Permit (Freight Terminal) LOCATION: Northwest of Kennebec Drive and southwest of Freightmasters in the SE '/4 of Section 18 COMPREHENSIVE PLAN: Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Space Center Air Cargo Inc. has requested approval of a Conditional Use Permit to allow the establishment of a 175,000 square foot "freight terminal" upon a 14.9 acre site (Outlots 2 and 3, Silver Bell Addition) located northwest of Kennebec Drive and southwest of Freightmasters in the southeast 1/4 of Section 18. The freight terminal use of the site will include outside storage of trucks, trailers and shipping containers. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Planning Report — Space Center Air Cargo, Inc July 25, 2000 Page 2 A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property, which does not create traffic congestion, or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Outdoor Storage: In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage. Because the freight terminal use includes outside storage, the following provisions are considered applicable: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In General Business (GB) and Community Shopping Center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In Limited %�D Planning Report — Space Center Air Cargo, Inc July 25, 2000 Page 3 Industrial (I-1) and General Industrial (I-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property, which is designated for residential uses in the comprehensive guide plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY The subject site presently overlays two outlots (Outlots 2 and 3, Silver Bell Addition) which were established in 1978. Space Center, Inc. is a St. Paul based Company originally founded in 1916 as St. Paul Terminal Warehouse. The Metropolitan Airports Commission recently purchased Space Center's air freight facilities located at the airport in order to accommodate construction of the new north/south runway. According to the applicant, the new airport configuration does not provide land for use by air freight forwarders. As a result, the proposed freight terminal is intended to replace the soon to be demolished facilites located at the airport. EXISTING CONDITIONS The subject 14.9 acre site in question is currently vacant. The property is relatively flat and holds some significant vegetation along its southwestern boundary. In addition, a pond presently exists along the site's northwest boundary. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: /19 Planning Report — Space Center Air Cargo, Inc July 25, 2000 Page 4 North - Industrial (Wastewater treatment plant); zoned I-1 and designated I-1 South - Office/warehouse; zoned I-1 and designated I-1 East - Freight terminal (Freightmasters); zoned I-1 and designated I-1 West - Single Family Residential and Multiple Family Residential; zoned A and R-4 and designated I-1 EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject site exists in an area that is characterized by industrial and warehouse -type uses, several of which include accessory truck storage activities. At 175,000 square feet in size, the proposed building is comparable in scale to the existing "Freightmasters" building to the north (at 154,000 square feet) and the "Silver Bell Commons" building to the east (at 235,000 square feet). The building floor plan is to be "u -shaped" with outside storage of trucks occuring within the resulting interior "truck court" and in the northeastern portion of the site. The outside storage activities will be screened from the Kennebec Drive right-of-way by the building and a variety of landscaping. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The noise policy contours place the subject property within Noise Zone IV. In Noise Zone IV, industrial uses are consistent. Site Plan - As shown on the submitted site plan, the proposed 175,000 square foot building is centrally located on the subject site. The site is to be accessed via two points along Kennebec Drive. As previously mentioned, outside storage of trucks is to occur within the interior "truck court" and in the northeastern portion of the site. The outside storage activities will be screened from Kennebec Drive by the building and a variety of landscaping. According to the applicant, the "truck court" will have approximately 80 dock doors with the potential of one tractor, trailer, or straight truck parked overnight at each door. No long-term trailer storage has been proposed at the dock doors. The northeastern storage area is to accommodate a maximum of 16 tractors, trailers, or straight trucks. The interior "truck court" will not be visible from Kennebec Drive while the northeastern storage area will be screened by both the building and a variety of landscaping including Swamp White Oak, Patmore Ash trees and Austrian Pine trees. Setbacks - All applicable I-1 District setback requirements, including the 100 foot setback from residentially zoned property, have been satisfied. Trash Enclosure - Outdoor trash enclosures are not shown on the Site Plan. All trash and recyclable materials must be stored inside the principal building or within a trash enclosure, which satisfies City Code requirements. 156 Planning Report — Space Center Air Cargo, Inc July 25, 2000 Page 5 Off-street Parking - As calculated below, a total of 440 off-street parking spaces are required of the proposed freight terminal: Use Ratio Required Spaces Office (46,680 NSF) 1 space per 150 NSF 311 Warehouse (119,354 GSF) 1 space per 400 GSF (<6,000 sf) 15 1 space per 1,000 GSF (>6,000 sf) 114 Total 440 As shown on the site plan, a total of 440 off-street parking spaces have been illustrated, 31 of which have been designated as "proof of parking". Thus, applicable City Code parking supply requirements have been satisfied. While the proposed "proof of parking" is considered acceptable, the City should reserve the right to require the construction of the "proof of parking" stalls if the need arises. In accordance with State requirements, ample handicap parking has been provided. All off-street parking stalls have been found to comply with minimum dimensional requirements of the City. Building Materials - According to the building elevations, the proposed freight terminal is to be finished in random ribbed precast concrete. Visual interest has been provided with horizontal accents and "high finish" office entrances with canopies. Specific building material colors have not been specified. The proposed building finish materials have been found to comply with applicable ordinance requirements. Building Height - The freight terminal measures 34 feet in height, well under the maximum 40 foot requirement applied in the I-1 zoning district. Landscaping - The Landscape Plan is considered accptable. The plan shows a wide variety of plantings along off-street parking areas and the building perimeter with additional vegetation being provided at site access points (along Kennebec Drive). Along the site's southern boundary (adjacent to residential uses), a 100 foot buffer strip has been provided within which landscaping has been provided. Such landscaping is comprised of both existing and new vegetation. New vegetation is to include Patmore Ash, Shademaster Honeylocust, Swamp White Oak and Austrial Pine trees. ill Planning Report — Space Center Air Cargo, Inc July 25, 2000 Page 6 Site Lighting - The Site Plan does not illustrate exterior lighting locations. As a condition of CUP approval, a Lighting Plan should be submitted which identifies location, height and luminaire specifications of all freestanding and building mounted fixtures. All exterior lighting must be hooded and directed to deflect light away from adjacent properties and rights-of-way. Signage - Specific sign plans have not been submitted. As a condition of CUP approval, all site signage shall comply with applicable requirements of the City Code. Building Coverage - The Zoning Code establishes a maximum building coverage requirement of 35 percent within I-1 zoning districts. With a proposed building coverage of approximately 26 percent, maximum building coverage requirements have been met. Mechanical Equipment - No rooftop equipment is shown on the submitted plans. Any rooftop equipment should be screened from view of all public rights-of-way. Replat - As previously mentioned, the site in question currently overlays two outlots (Outlots 2 and 3, Silver Bell Addition). As a condition of CUP approval, the two outlots should be platted as a single lot of record. The subject 14.9 site meets the minimum lot (area and width) requirements of the I-1 zoning district. Grading - The existing site has been previously graded and is relatively flat and open. Storm Drainage - Storm water runoff from the site will drain via private storm sewer system to an existing public storm sewer along the south edge of the site. To accommodate the proposed building development, relocation of the existing storm sewer will be necessary. The applicant should comply with all City requirements regarding developer installation of public improvements. These requirements include providing adequate financial guarantees, meeting City engineering design standards, providing as -built record plans, etc. The developer is proposing to expand the existing City pond along the west edge of the site to accommodate the storm water runoff from the site. Utilities - Sanitary sewer and water main are readily available along the north edge of the site. Streets/ Access - Public street access is proposed from two driveway entrances onto Kennebec Drive along the east edge of the site. Easements/ Permits/ -Right -of -Way - Upon the final plat, the applicant should dedicate adequate public drainage and utility easement over the relocated public storm sewer line. Water Quality — The subject site lies within the City's A -watershed. Because of the size of the development and the extent of its impervious cover, stormwater will need to be treated through on-site ponding. The design of the water quality treatment pond should be according to NURP standards. A minimum, wet -pond volume of 2.40 acre-feet would need to be created. The pond Planning Report — Space Center Air Cargo, Inc July 25, 2000 Page 7 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 meet its water quality requirements by expanding pond AP -52, which is a constructed stormwater basin with a wet -pond volume of 1.08 acre-feet. Thus, a wet - pond volume of 2.40 acre-feet would need to be added. There are no wetland protection issues associated with this development. Tree Preservation - There are no tree preservation issues with this development. Parks and Trails - This development will be responsible for a cash parks dedication and a cash trails dedication due at the time of building permit. SUMMARY/CONCLUSION The proposed freight terminal appears compatible with the area and the standards set forth for such activity. The outdoor storage area has been defined and does not compete with parking or landscaped areas. The outdoor storage areas will be screened from Kennebec Drive and will not be visible from the adjacent residential area. ACTION TO BE CONSIDERED To recommend approval of the proposed Conditional Use Permit to allow a freight terminal upon a 14.9 acre site located northwest of Kennebec Drive and southwest of Freightmasters in the southeast '/< of Section 18. If approved, the following conditions should apply: 1. The property shall be replatted into a single lot and block. 2. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council with the plat. 3. Outdoor storage activities shall be confined to the northern portion of the site and interior "truck court" area identified on the site plan dated 7/5/00. Outdoor storage shall be limited to semi -trailers, tractors, straight trucks, vans and shipping containers. 4. Retail sales activities shall be prohibited. 5. The City shall reserve the right to require the construction of the "proof of parking" stalls if the need arises. 153 Planning Report — Space Center Air Cargo, Inc July 25, 2000 Page 8 6. All trash and recyclable materials shall be stored inside the principal buildings or within a trash enclosure, attached to the principal building, which satisfies city code requirements. 7. A Lighting Plan shall be submitted which identifies location, height and luminaire specifications of all freestanding and building mounted fixtures. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-way. 8. All site signage shall comply with applicable requirements of the City Code. 9. The applicant shall comply with all City requirements regarding developer installation of public improvements. These requirements include providing adequate financial guarantees, meeting City engineering design standards, providing as -built record plans, etc. 10. The applicant shall dedicate adequate public drainage and utility easement on the final plat over the relocated public storm sewer line. 11. This development shall be responsible for a cash parks dedication and a cash trails dedication due at the time of building permit. 12. The existing stormwater treatment pond shall be modified to include an additional 2.40 acre- feet, in accordance with NURP standards. The pond shall have a maximum depth of 10 feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. �s� FINANCIAL OBLIGATION Space Center Conditional Use Permit 18 -CU -06-06-00 There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use permit is requested. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT Water Availability Charge USE RATE QUANTITY AMOUNT C.I. $3,090/Ac 15 Ac $46,350 TOTAL $46,350 This financial obligation will be collected at the issuance of a building permit. /54, Location Map Eagan Boundary $tract Centerline Parcel Area - Building Footprint Development/Developer: Space Center/Air Cargo, Inc. Application: Conditional Use Permit Case No.: 18 -CU -06-06-00 4110City of Eagan Comma Hy Development Department Mop Prepared uing ERSI kcM.w at. Pared barn nap arta provided by Moots Carey Land Hwy Dnparimot nulls amnt s of Jur 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 aro not responsible for errors or omissions. VAtia," E Current Zoning and Comprehensive Guide Plan Space Center Air Cargo, Inc. Land Use Map Case No. 18 -CU -06-06-00 Zoning Map #°11 Current Zoning: 1-1/"�Limited Industrial Of ° *# I1. Or R-1Er +7 14 PD it • A' 77-1N• • � •N 12112 Foot Comprehensive Guide Plan Land Use Map IND Current Land Use Designation: IND Limited Industrial Zd f A . '.* • i 1,44.6„ 1I .iii. At IND A N• • ••• 12•0NM �.�L11000,0•00 Pascal asap rfe..nue• Dakota Can oay..�..t p..w.d y Sonny 1/03/00.N Q.ST Label by City staff. rrae..u.. animalism. y J City of Eagan w E THIS MAP IS INTENDED FOR REFERENCE USE ONLY CGllflll<IlrfyDeVekcl►!/I1t DePartinent TM City of Eagan and Dakota County do not guarantoa tho accuracy of this information. S /S% s. FINAL PLAT IIPW IW SITE PLAN 11J I' , is ; 1 1 X11 1!''"!ti t' � II (11��EI 1(r'I 111 ll iii 1'! =t 4! 1 II i) 1` r 1,Ib ;N 11 !fit ,11 !� I" 11' l' I �t , �I '.',Ii plIi lgoolliq t plo. l• ,!t ii �� i' h ; !1It��liiiill t� � �' iii ;ill MI i t1i 1, il Jil Dt IIt 11 0 i1 IIIIHill11it, l'1 Id I' t o�! t h1 llti1! Igi !!� r t� .{ !1( ;d 110. 'i! 11 !1 y P1119 .' i iI`lj ,to i,ll! l 4'1 lid E ttit ! 1;11 1. ,;•i,,��I! 111tt1! ii !_ I fli ;I sFI � t1;1tttf1�� ifilillitilli ha $sst;1ptII!tl1111 ! 11 I i��1 el'�{ Ii.t ;ti �'lhll I !Ij�ip� 1�1, .� � 1 Oii fl Si 0 II P11 !,�lil Vii! I� i lilt �i141hi1i I!1 is?. LANDSCAPE PLAN • 5 �2< Vgg gas` It '4 It AE N gtr= .11 El I4 i t t d ; : 1 1 11 : lap 1'11 1 3 t f �! tl i { lig} '11{1 000i 1 h;�;i � 0 a • GRADING, UTILITY AND EROSION CONTROL PLAN 11k •- ♦- •-- •-- 0- •- •- •- •-- .- • I1-4 H H H H 1 F-{ r- z. u u N H H H 3-1 • H • 10 H H .--�-, • • • • >n H • 0 - • • • • 1 • • • •• • • 11111111 111.WM BUILDING ELEVATIONS SPACE CENTEr •- • • •-- • ♦- • 111- • - • • • 1 ! 1 1 Ai /(p$' FLOOR PLAN Pat Vogelpohl and I were at the hastily called public meeting on July 2 Nobe else from our neighborhood was informed and given the chance to be there. re wad" 4_ no notice posted on the land of future development, which would have alerted uslo the problem. The Wuthering Heights neighborhood has been a part of the city of Eagan'\ since before Eagan became a city, and we intend to stay that way into the foreseeable future. Of course we are prime land. Some of the ancestors in this neighborhood homesteaded this land, and chose the best land they could find. Six new residential building permits were given to families in our neighborhood to build in the last few years. There are no more lots available. I'm sure these neighbors, in good faith, believed they would be able to live in the neighborhood of their choice and expect it to maintain relatively the same character for a long time, thereby protecting their significant financial investments and plans for their futures. We are bordered by Hwy 13 to the South, Hwy 77 to the West, the Minnesota River Valley and Federal and State parks to the north and Truck terminals, Duke and Freightmaster to the East. We can remain an isolated residential area. Granting this permit will change the essential character of our neighborhood. Silver Bell, our only ingress and egress road to the Highway 13 intersection will have to be shared with yet another truck terminal. Freightmaster and Duke, which is not totally occupied at this time, use this intersection. When the chairman of the Hearing asked what plans there were for the 13 & Silver Bell bottleneck (remember the city has committed to Cedarvale mobility) she was told one lane was to be added next year. Or the City has no solution now. This bottleneck killed Cedarvale once. When the short piece of Silver Bell was blacktopped Eagan police had to direct traffic during rush hours When a member of the commission asked about buffers for our residential area the answer given was that the future use of this area is not residential. Whose future are they thinking about? We are already sharing our ingress and egress road with three apartment buildings and their residents (150 tax paying families), the Tessarac School children and staff arriving and departing twice a day, the public school buses that service our neighborhood and the apartments seven times a day, the Silver Bell Business district, Cedarvale and the bicyclists who travel the designated and advertised bike trail that runs along Silver Bell to and over the Minnesota River, and vehicles trailering boats to the boat launch. We will be traffic locked in our homes if additional trucks are allowed on Silver Bell. Drainage for this terminal would go to two deeper ponds, which would need "detoxification". What is this? You can help if you will go before the Council on August 15th and tell them of problems you've had with the present traffic bottleneck. And also please sign the petition to the council asking them to refuse to grant the Conditional Use Permit. Betty Bassett NEIGHBORS Dear Neighbor, Betty Bassett August 2, 2000 On July 25 at 6:30 the Advisory Planning Commission held a public hearing on the application of Space Center/Air Cargo, Inc. to build a huge freight terminal between the present Freight Masters buildings and Wuthering Heights neighborhood. Only Mrs. Vogelpohl and I were within the 350' required notice they said, so none of the neighbors on Wuthering Heights were notified of this meeting. I have some BAD NEWS. The Planning Commission voted to recommend approval of the truck terminal to the City Council meeting on August 15. The owners of the empty land that currently buffers our Wuthering Heights neighborhood from the high traffic industrial volume uses of the Duke warehouse building and Freight Masters truck terminal are requesting that a Conditional Use Permit be issued for another huge 80 dock, 400 car terminal to be built at the junction of Silver Bell Road and Kenebec Drive. IN ORDER TO GET APPROVAL TO BUILD THIS FACILITY THE APPLICANTS NEED A CONDITIONAL USE PERMIT APPROVED BY THE CITY COUNCIL. THE CITY COUNCIL DOES HAVE THE ABILITY TO APPROVE OR REJECT THIS SPECIFIC TRUCK TERMINAL USE. THE COUNCIL JS TAKING ACTION ON THIS CONDITIONAL USE PERMIT ON AUGUST 15, 2000 AT 7:00 PM. On August 15, 2000 the City Council must hear from you. There are many conditions that the truck terminal should not violate under Authority for Review Conditional Use Permits, City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following: According to the Authority for Review the council shall issue such conditional use permits only ifit finds that the proposed (truck terminal) use at the proposed location will. A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. Ask the question: Will there be excessive traffic? Will this traffic be compatible with school traffic and nature trail traffic? Ask the question: Will there be noise, fumes, squeaking brakes, glare at night, exhaust odors, clanging and banging, revving and idling? What is the current daily impact of the existing truck terminal and will another truck terminal change the general welfare? B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Ask the question: What will be the special effects of a high volume, high turnover, 24 hour, 7 days a week truck terminal? Will there be 24 hours businesses? Our neighborhood is zoned residential. It will be harmonious only to the East of our neighborhood -not to the West of the location of this proposed truck terminal. A toned down development could provide a buffer between our residential neighborhood and the industrial use. C Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Ask the question: Are there special conditions and protections that must be applied for industrial development on the edge of an existing residential neighborhood? We're a river bluff neighborhood, with low traffic and natural scenic beauty. This buffer zone should be a toned down development, not a high traffic truck alley. It will change the essential character of a residential, Minnesota River, Parks and Wild life neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. Ask the question: Highway 13 and Silver Bell are stressed already with traffic. What will be the effect of an additional 800 in and out car trips (plan has 400 parking spaces) and between 200 and 600 in and out truck trips per day? Is this the proper site to permit a freight forwarding truck terminal operation with the sole purpose of generating increased truck traffic? Also, we do not think PONDS are an adequate wastewater disposal system PARTICULARLY TO BE EXPANDED TO HANDLE THE INCREASED POLLUTION AND RUNOFF FROM BUILDING A NEW TRUCK TERMINAL. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Ask the question: Operations involving big diesel trucks provide ALL of the above impacts. THIS TRUCK OPERATION WILL ADD TRAFFIC, NOISE, SMOKE, FUMES, GLARE AND ODORS TO OUR NEIGHBORHOOD. Again, is this the place to permit a truck terminal operation with the sole purpose of generating truck traffic? Ask the question: What about storage of gasoline? Oil spillage? On-site truck repair? Remember over the last few years the number of trucks Freightmaster and Duke have already added to our ingress and egress on Silver Bell Road. F. Will have vehicular ingress and egress to the property, which does not create traffic congestion, or interfere with traffic on surrounding public streets. Ask the question: The number of trips per day may add 400 truck trips (in and out) and 800 car trips (in and out), added to the current traffic volume. G. Will not result in the destruction, Loss or damage ofa natural, scenic or historic feature of major importance. Ask the question: The river bluff is a one-of-a-kind setting and is both natural and scenic. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the COUNCIL MAY A TTA CH WHA TE VER REASONABLE CONDITIONS THEY DEEM NECESSARY TO MITIGATE ANTICIPATED AD VERSE IMPACTS ASSOCIATED WITH THESE USES, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Ask the question: As an affected resident of Wuthering Heights, you can ask for conditions that will mitigate any or all of the above impacts of the proposed truck terminal. At the Planning Commission, Space Center Air Cargo couldn't predict how many "trips" would be made to the truck terminal each day. However, the developer did point out that the nature of the business is that of a freight forwarder for airport freight. The developer also said the freight terminal had to be open 24 hours a day. Some simple math -80 docks x 4 freight unloading a day would be 320 trips in + 320 trips out or 640 trips in and out per day. THIS WOULD EQUAL ONE MORE TRUCK APPROXIMATELY EVERY TWO MINUTES TRAVELING ON SILVER BELL ROAD. The city planning staff has been asked numerous times (as was Space Center Air Cargo) and nobody wants to discuss this number. In addition, we have parking required for 400 cars x 2 = 800 more trips in and out per day. As we already know, as residents of the neighborhood, these are big diesel trucks left to idle and clang and produce fumes, gases and glare pollution. As we currently experience day to day, Silver Bell is already heavy with truck traffic from the Duke development and Freight Master truck terminal. The clanging noises are a familiar sound. Also, the quiet use of Tesseract School currently has cars lined up in the morning waiting to drop off kids. In addition, Highway 13 is already very heavy with traffic. Why not wait to see what the Highway Department does with Highway 13? Also, the Highway Department is changing the intersection of Seneca Road, which could, by itself, increase truck traffic (currently Silver Bell Road is the only local intersection that provides traffic lights to gain access to Highway 13 for the slow moving semis, Seneca and N4t 111) Black Hawk Road entrances don't have lights). Remember we're talking about hundreds of diesel trucks complete with squeaking, banging and coupling together, idling, glaring lights, open 24 hours with fumes, smells and oil leaks, 7 days per week. The question is "is this development right for this neighborhood?" Why not "tone down the use", recommend a development more compatible with a residential neighborhood. No question the trucks will take over Silver Bell Road. Our neighborhood will permanently lose its charm and be replaced by big, clanging, squeaking, odor producing, oil spilling, Light glaring, traffic, 24 hours per day. What to do? I'm recovering from foot surgery, but my granddaughter will bring around the letter. Let's create a dialogue among ourselves -- and if you know any Council members, please call them and ask them not to approve the Conditional Use Permit for this truck terminal. Most important, plan on coming to the Council meeting on August 15th at 7:00 PM to protect the character of our neighborhood. Sincerely, Betty Bassett PLANNING REPORT CITY OF EAGAN REPORT DATE: July 18, 2000 CASE: 18 -CU -06-06-00 18 -FP -09-06-00 APPLICANT: Space Center Air Cargo, Inc. HEARING DATE: July 25 2000 PROPERTY OWNER: Roland Have PREPARED BY: Bob Kirmis REQUEST: Conditional Use Permit (Freight Terminal) LOCATION: Northwest of Kennebec Drive and southwest of Freightmasters in the SE 'A of • Section 18 COMPREHENSIVE PLAN: Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Space Center Air Cargo Inc. has requested approval of a Conditional Use Permit to allow the establishment of a 175,000 square foot "freight terminal" upon a 14.9 acre site (Outlots 2 and 3, Silver Bell Addition) located northwest of Kennebec Drive and southwest of Freightmasters in the southeast'/, of Section 18. ' .Thefreight terminal use of the site will include outside storage of trucks, trailer and shipping containers. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the • proposed location: Do the math. A Freight Forwarder is constantly moving freight -the more the better, the faster the better. What if each dock has 8 trucks per day (that's 3 hours at the dock on average) ---- 80 x 8 = 640 x 2 in/out trips = 1240 r 24 hours = 51 trips per hour, or approximately a truck every minute, 24 hours every day of the week. Zoning Map• orO 49 I I r 1-1 0\4 PD 4.#1( .•° 4% el 8.1 II R-1 ifir 111te lea , - PD sa 441.ni 000 77t7.7 -7— :1 • — DJ —m tr I I'!:, !i:! i;;1;1.11; h ill!:i!I11l11i:ill;:11l11it1!III II 1 :1 'Ef1 :1 I :. +'tee YY!IINNEN Iltl I !1!tl1. EDJ 103 MI if ER - it Y Y ti M V { f1 � 1 6•t 112 ,f% 15 ssaae,..:Aaap'g1 17A I_a'1.1.e'1'tr,t<aS'.thin.'.11e.f i'°'..r ...2.Zi 14.1, !ill.11lll'••;lt'IJ•U U ,!!i61li:.i!111:11•Jtlill!llltll!p'�I!1 . . • ICI it-- 111 I -- l i ul.l ,!IN n f �% tl- ., ! ' X70' • b� u QJ� ,oe� .. t . .. ..::::... • 00, 'a .1 .5 m !:i ;rri 1 ' v I rr lu'-1 00 111- 17e ll,M W' 1.1 4. /2 SPACE CENTER` August 10, 2000 Mr. Mike Ridley Senior Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Conditional Use Permit — Space Center, Inc. Dear Mr. Ridley: This letter is in response to the issues raised during the public hearing at the Advisory Planning Commission meeting on July 25, 2000 regarding Space Center's proposed office/warehouse development. Project Overview Space Center proposes to build and operate a high quality, 175,000 square foot multi -tenant office/warehouse facility for primary use by the airfreight forwarding industry. We expect the facility to include approximately 30% office space. Our planned use is consistent with Eagan's zoning classification and comprehensive guide plan, I-1 Limited Industrial. from Subd. 16. Limited industrial (1-1) district. A. Purpose. The purpose of the I-1 limited industrial district is to provide for the establishment of a variety of warehousing, manufacturing and light industrial uses, including large volume truck oriented uses. We have applied for a conditional use permit for an area of outdoor parking for trucks, trailers, vans, etc. The City of Eagan's interpretation of our use as a freight terminal is somewhat misleading from what the facility will be. Eagan's definition of office/warehouse is: Office/warehouse means a multitenant building with gross floor area consisting of at least 15 percent finished office space, in addition to warehousing and distribution uses including storage, wholesale, and distribution of manufactured products, supplies, and equipment... We are not proposing a typical cross -docked freight terminal with a very small office component, rather a multi -tenant office/warehouse building. SPACE CENTER, INC. 2501 Cleveland Avenue North, St. Paul, MN 55113-2717 Telephone: (651) 604-4200 / Facsimile: (651) 604-4222 ��y Building Layout Space Center carefully planned the building to limit adverse effects to the neighboring R-4 and Agricultural sites bordering the south property line. A 100 foot landscaped buffer area provides an effective building set -back of 165 feet to a high quality office finish. We intentionally placed the building between the south property line and the enclosed truck court. Issues raised by others We believe the concerns raised by the three speakers at the public hearing were outside the parameters of the conditional use permit application, however we address them as follows: • The concern about the impact of storm water runoff has been addressed by our storm water retention plan that has been submitted and reviewed by the City of Eagan. • To address the concern about noise, buffers, and hours of operation, Space Center contracted with David Braslau Associates, Inc. to assess the impact from our proposed development. A copy of their report is attached for your review, but we emphasize the following points: A. The assessment applies the most critical noise standard, the State of Minnesota nighttime standards for Residential land use, which have been adopted by the City of Eagan. B. The assessment finds that the placement of the building effectively shields the adjoining properties from truck noise. C. The overall predicted sound levels from the site are almost 10dBA below the L50 nighttime standard. D. Construction of a berm on the property line will have no impact on noise reduction. SpaceCenter is confident that all issues have been given thorough consideration, and we are eager to address the Eagan City Council and to answer questions about our proposal. We are similarly confident that this is an appropriate and exciting development that will be endorsed by the City as proposed by Space Center, with the addition of condition number 13, but not the proposed conditions numbered 14 and 15. Sincerely, Chas Arend Don Grant SPACE CENTER, INC. 2501 Cleveland Avenue North, St. Paul, MN 55113-2717 Telephone: (651) 604-4200 / Facsimile: (651) 604-4222 X75^ Space Center Eagan, Minnesota NOISE IMPACT ASSESSMENT Prepared for the Space Center by David Braslau Associates, Inc. 9 August 2000 Space Center Noise Impact Assessment Table of Contents 1.0 STUDY OBJECTIVES 1 1.1 INTRODUCTION 1 1.2 STATE NOISE STANDARDS 1 1.3 EAGAN NOISE REGULATIONS 1 2.0 SITE LAYOUT AND SENSITIVE NOISE RECEPTORS 3 2.1 SITE LAYOUT 3 2.2 SENSmVE NOISE RECEPTORS 3 3.0 ON-SITE TRUCK SOUND LEVELS A+ 5 3.1 TRUCK ACTIVITY 5 3.2 TRUCK SOUND LEVELS 5 3.3 TRUCK SOUND LEVELS AT ADJACENT RESIDENTIAL SITES 7 4.0 FINDINGS AND CONCLUSIONS 11 David Braslau Associates, Inc. 177 Space Center Noise Impact Assessment List of Figures FIGURE 1 SITE LAYOUT AND SENSITIVE NOISE RECEPTORS 4 FIGURE 2 ASSUMED TRUCK LOCATIONS 6 FIGURE 3 SCHEMATIC CROSS SECTION FROM NEAREST TRUCK TO HOME 8 FIGURE 4 SCHEMATIC CROSS SECTION FROM NEAREST TRUCK TO APARTMENT BUILDING 9 David Braslau Associates, Inc. l 1, Space Center Noise Impact Assessment 1.0 STUDY OBJECTIVES 1.1 INTRODUCTION This study is an evaluation of potential noise impacts associated with trucking activity at the proposed Space Center office/warehouse building on Kennebec Drive in Eagan, Minnesota. Noise levels are compared with the most critical standard, which is the State of Minnesota 50 dBA (L50) nighttime noise standard, since some trucking activity may occur during nighttime hours (10 pm to 7 am) as defined in the state noise standards. The proposed building has been oriented on the site and designed to minimize noise impacts from truck activity at the site. Trucks will either enter through a "tunnel" into the truck dock court which is open only to the north, or from the open area to the north. The building, which will be 30 feet in height, will provide shielding of noise from truck activity in this truck dock area. The Minnesota Noise Standards are described briefly below. 1.2 STATE NOISE STANDARDS The State Noise Standards apply to three categories of land use and are "receiving" land use standards as opposed to "property line" standards, i.e. they apply not to the source but to the receiving land uses and specifically to points of expected closest human activity on those land uses. Three categories of land use are defined along with the applicable standards in TABLE 1.1. It should be noted that only the nighttime noise standards will be evaluated in this report since they are the most critical. The most critical standard is shown in bold type. TABLE 1.1 Minnesota Noise Standards Category Land Use Day (7 am -10 pm) Night (10 pm -7 am) L10 L50 L10 L50 NAC -1 Residential 65 60 55 50 NAC -2 Commercial 70 65 70 65 NAC -3 Industrial 80 75 80 75 The L10 is that level exceeded for 10% or 6 minutes of an hour. The L50 is that level exceeded for 50% or 30 minutes of an hour. 1.3 EAGAN NOISE REGULATIONS The Eagan noise pollution regulations are contained in Section 10.42 of the City Code. The City has adopted the Minnesota noise standards by reference as noted in the text of the regulations below. David Braslau Associates, Inc. I 79 Page 1 Space Center Noise Impact Assessment Subd. 1. Adoption of regulations. The noise pollution control section of the state regulations published by the state pollution control agency are hereby adopted by reference as though set forth verbatim herein. Two copies of said regulations shall be marked "City of Eagan --Official Copy" and kept on file in the office of the city clerk -treasurer and open to inspection and use by the public. Subd. 2. Unlawful act. It is unlawful for any person to create or maintain levels of sound in excess of those permitted by the noise pollution standards. Subd. 3. Alternative remedy. The city may, at its option, seek civil injunctive relief to enforce the noise pollution regulations adopted in this section. David Braslau Associates, Inc. PO Page 2 Space Center Noise Impact Assessment 2.0 SITE LAYOUT AND SENSITIVE NOISE RECEPTORS 2.1 SITE LAYOUT The site layout of the proposed Space Center project is shown in Figure 1. Trucks will enter the truck dock area from Kennebec Drive through the "tunnel" on the east side of the building, or through the driveway on the north side of the building. 2.2 SENSITIVE NOISE RECEPTORS The most sensitive noise receptors are those residential structures south of the site as shown in Figure 1. A single-family residential structure is closest to the site (approximately 180 feet from the property line and 340 feet from the building). The elevation of the base of this structure is approximately 10 feet below the top of the existing hill just south of the site, or at an elevation of 786 feet. A three-story apartment building is located to the southeast of this residence and is approximately 400 feet from the property line and 580 feet from the building. The top floor of this apartment building is higher than the existing hill and is the most sensitive location for the evaluation of noise impacts at the apartment building. David Braslau Associates, Inc. Page 3 rApaB uHdin] FIGURE 1 SITE LAYOUT AND SENSITIVE NOISE RECEPTOR SITES 18d Space Center 3.0 ON-SITE TRUCK SOUND LEVELS 3.1 TRUCK ACTIVITY Noise Impact Assessment Truck activity at the site has been based upon typical high levels of activity at similar facilities and is representative of the highest number of truck operations that are likely to occur at the site in Eagan. These truck movements are summarized in TABLE 3.1 and broken into times of the day and type of truck expected. TABLE 3.1 ASSUMED TRUCK ACTIVITY Type . 0600-0900 0900-1600 1600-2100 2100-0600 TOTAL Semi 32 8 32 8 80 Straight 52 30 60 8 150 Vans 20 35 40 5 100 The most critical hour (0600-0700 or 6 to 7 am) which is the "nighttime" period with the most activity, occurs within the 0600-0900 time period. For this study, it is assumed that the activity is equally distributed over the time periods indicated in the table. Therefore, during the 0600-0700 hour period, one-third of the numbers shown for the three-hour 0600-0900 period can be expected to access the site. This will include 11 semis, 17 straight trucks, and 7 vans. 3.2 TRUCK SOUND LEVELS Recent measurements of tractor/trailer combinations indicate that a sound level of 75 dBA at 50 feet is typical. The sound level of an idling truck is approximately 10 dBA below that of a moving truck or 65 dBA at 50 feet. Sound levels of straight (fixed -axle) trucks are approximately 4 dBA lower than over -the -road tractors, or 71 dBA. Vans typically have a sound level of approximately 65 dBA at 50 feet. The analysis here is based upon moving trucks within the truck dock area and assumes that five trucks are moving at any one time in that area. With a maximum of 35 trucks expected during the early morning hour, it is unlikely that more than five trucks will be moving at any one time. For this analysis, it is assumed that the five trucks are distributed throughout the truck dock area as shown in Figure 2. Since a mix of vehicles is expected during the early morning hour, a weighted average sound level for a typical truck has been calculated at 72.2 dBA. David Braslau Associates, Inc. ie3 Page 5 Apartment Building _l 0 200 FEET FIGURE 2 SITE LAYOUT AND ASSUMED TRUCK NOISE SOURCES Space Center Noise Impact Assessment 3.3 TRUCK SOUND LEVELS AT ADJACENT RESIDENTIAL SITES Predicted sound levels with the proposed building As noted above, truck activity is assumed to be distributed at five locations within the truck dock area. The truck dock area is 4 feet below the exterior base of the building. With a building 30 feet in height, this provides an effective sound barrier of 34 feet in height for the truck dock area. The sound source of a truck is assumed to be 8 feet above ground level, which is commonly used in highway noise modeling studies. The schematic cross-section between the closest truck (assumed to be 100 feet from the building in the truck dock area) and the home is shown in Figure 3. A similar cross-section between the closest truck and the apartment building is shown in Figure 4. While the existing hill south of the site has a peak elevation of 796 feet, it has been suggested that an additional berm along the property line would provide additional noise reduction benefits. A berm with a peak elevation of 804 feet, which is the height of the proposed building, is also shown in these figures and discussed below. Also shown in these figures is the "line -of -sight" sound path without the building or berm and the "diffracted path" around the building. TABLE 3.2 presents the results of the calculations with building shielding alone and shows the predicted levels at each of the assumed truck locations (as well as the level of all trucks combined) both with and without shielding provided by the building. TABLE 3.2 PREDICTED SOUND LEVEL FROM TRUCKS Truck position 1 2 3 4 5 Combined Home Unshielded level _ 51.2 44.8 48.6 47.5 46.5 55.3 Shielded level 36.2 29.8 35.0 35.0 34.9 41.6 Apartment (3rd Floor) Unshielded level 48.1 42.1 46.2 45.4 44.6 52.7 Shielded level 33.1 27.9 34.0 34.6 35.0 40.5 It can be seen that without the building, noise levels from truck could exceed 50 dBA. However, with the building in place and shielding the adjacent residential structures from truck activity, the level is well below the 50 dBA nighttime standard. The predicted levels from truck activity within the truck dock area with the building in place may be lower than the existing ambient noise level in the area which is affected by traffic on Cedar Avenue as well as on TH 13. A single truck traveling along TH 13 could produce a sound level at the apartment building almost as high as 50 dBA David Braslau Associates, Inc. OS' Page 7 Cross Section - Truck to Nearest Home 0 o 0 O CO 0t) co N n (;eej) uofenel3 X00 0 o 0 in CO 0 O c0 O O 1.0 0 0 0 0 0 N O O T 0 Distance from Nearest Home (feet) ch W ce LL ." / 1 .-' 1 1 1 1 1 cn 1 C . 'C / .= m 1 \ Home Diffracted Path / Line -of -sight ' Path ,i \ \ \ 1 \ ►1 E m / / - / / 1 ) 1/ 1 1 { 1 \ / /\ t% / \ 1 1 it 0 o 0 O CO 0t) co N n (;eej) uofenel3 X00 0 o 0 in CO 0 O c0 O O 1.0 0 0 0 0 0 N O O T 0 Distance from Nearest Home (feet) ch W ce LL Cross Section - Truck to Nearest Apartment Apartment Berm Building .-' _ Truk 1 1 1 1 1 / 1 / _ afte Line -of -sight Path ' • 1 / / 1 / 1 / / 1 / ^ ^ - m 1 I U 1 / oaf 1 1 / - 1 1 / / 0 0 o o AQ) O) CO CO o 1_ N. 1A_ N (;eek) uogenei3 I 6 L) N 0 0 0 Cr) 0 0 o 0 0 0 0 CG 0 0 11) 0 0 0 0 M 0 0 N 0 0 T Distance from Nearest Home (feet) Space Center Noise Impact Assessment Predicted sound levels with the additional berm One of the objectives of this study is to evaluate the effectiveness of the construction of a berm along the south property line of the proposed facility. This berm would fill in the topography of the existing hill and, for purposes of this analysis, is assumed to have an elevation of 804 feet. This is the same as the building elevation and would raise the peak elevation of the hill by 8 feet, in addition to filling in the areas to the sides of this hill. From Figure 3, it can be seen that a berm with elevation 804, would intercept the sight line from the top of the building to the home. However, the shielding effect of the building can be seen to be significantly greater than this small barrier. This berm is calculated to have less than a 1 dBA reduction on the shielded levels, which are already 10 dBA below the nighttime standard. Even raising the height of the berm further would have only minimal effect, since the building is closer to the noise sources and already provides a more effective barrier. Thus it can be concluded that construction of such a berm would have essentially no impact on noise levels at this home. From Figure 4, it can be seen that a berm with elevation 804 would barely intercept the sight line form the top of the building to the 3rd Floor of the adjacent apartment building, and would therefore have no impact on noise levels. David Braslau Associates, Inc. /8 Page 10 Space Center Noise Impact Assessment 4.0 FINDINGS AND CONCLUSIONS Noise levels from the truck dock area have been estimated and compared with the most critical standard, which is the State of Minnesota 50 dBA nighttime noise standard, since some trucking activity may occur during nighttime hours (10 pm to 7 am) as defined in the state noise standards. The proposed building has been oriented on the site and designed to minimize noise impacts from truck activity at the site. Trucks will either enter through a "tunnel" into the truck dock court which is open only to the north, or from the open area to the north. The building, which will be 30 feet in height, will provide shielding of noise from truck activity in this truck dock area. The most sensitive noise receptor sites are located south of the proposed facility and consist of a single-family residence and a 3 -story apartment building. While the home is closer to the site, the 3rd floor of the apartment building is higher and therefore equally exposed to noise from the site. The overall predicted sound levels from expected maximum truck activity in the 6 -7 am hour are 41.6 dBA at the home and 40.5 dBA at the apartment building. These levels are almost 10 dBA below the 50 dBA (L50) nighttime standard and probably lower than ambient noise levels in the area because of traffic on Cedar Avenue and TH 13. Construction of a berm on top of the existing hill between the site and the adjacent residential buildings will have no impact on noise levels at these buildings since the building itself already will provide substantial shielding. spacecenter-rep.doc 200067 David Braslau Associates, Inc. Page 11