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10/17/2000 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING OCTOBER 17, 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. RECOGNITIONS & PRESENTATIONS Pa. A. NATIONAL Red Ribbon Week P3 B. CERTIFICATE of commendation for participation in Manufacturer's Week V. COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS VI. CENTRAL PARK UPDATE VII. CONSENT AGENDA g B. o9c. pig D. / '�E• P/3F. Q G. „I4.. p?.3 K. psiyL. p asM. enp3o P. Dia Q. p3'/R. PERSONNEL ITEMS FINAL PLAT — Gopher Eagan Industrial Park 5th Addition, Twin City Wire-MFI Inc. FINAL SUBDIVISION — Orchard Heights, Gonyea Development SCHEDULE public hearings for revisions to the business subsidy policy APPROVE letter of engagement for auditing services, Kern, Dewenter, Viere, Ltd. for the year ending December 31, 2000. PROJECT 775, Approve Assessment Roll / Invoice (Advent United Methodist Church/Patrick Eagan Park — Parking Lot & Utility Improvements) CONTRACT 00-09A, Approve Change Order #1, (Well House Re -roofing) APPROVE Telecommunications Antenna Lease Agreement — Metricom (Deerwood) PROJECT 750R, Present Report / Schedule Public Hearing (TH 55/Blue Water Road Access Management — Frontage Road Improvements) CONTRACT 99-07, Approve Final Payment / Authorize City Maintenance (Safari Reservoir — Refurbish & Repaint) CONTRACT 00-10, Approve Final Payment / Authorize City Maintenance (Bituminous Sealcoat "Liquid Road") PROJECT 98-V, Acknowledge Completion / Authorize City Maintenance (Faithful Shepherd School - Street & Utility Improvements) PROJECT 99-D, Acknowledge Completion / Authorize City Maintenance (Kwik Trip - Street & Utility Improvements) PROJECT 99-E, Acknowledge Completion / Authorize City Maintenance (Oakview Center - Street & Utility Improvements) CONTRACT 00-07, Approve Change Order #1, (TH 13/Blackhawk Road — 4 -Lane Urban Upgrade) APPROVE resolution approving application for lawful gambling permit for the Gypsy Booster Club to hold raffles on November 18 and 19 at Gleason's Gymnastics School APPROVE registration of City of Eagan webpage FINAL PLAT — Youngs Addition, Carlson and Harrington, Inc. VIII. 6:45 - PUBLIC HEARINGS 3 b A. VACATE public right-of-way (Robert O'Neill Homestead, Lot 5) IX. OLD BUSINESS P3?A p. Q B. PS6C. CLARIFICATION of conditions of approval for Mega Excavating Conditional Use Permit FINDINGS OF FACT, Conclusions & Resolution of Denial — Crane Creek Addition COMPREHENSIVE GUIDE PLAN AMENDMENT — Frauenshuh Companies, amending the land use of approximately 4.14 acres from Commercial Planned Development to D -IV Mixed Residential (12+ units /acre), located across from Metcalf Jr. High on the NW corner of Diffley P I Road and Cedar Avenue Freeway in the SW '/a of Section 19 D. PRESENT Cedar Industrial Park Traffic Study e I v E. VACATE public drainage utility easement (Silver Bell Addition Outlots 2 3) and a v 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 V4 of Section 18 p is") F. FINAL SUBDIVISION Walden Heights 2 Addition, Cedar Wood Development, LLC. X. NEW BUSINESS P 1 0A. REZONING PRELIMINARY SUBDIVISION Manley Land Company, allowing for a rezoning of approximately 10.7 acres from A (Agriculture) to R -1 (Single Family) and a Preliminary Subdivision (Perron Acres) to create 23 lots, located on the east side of Dodd Road and north of Welland Court in the SE '/a of Section 24. f /if B. REZONING PRELIMINARY SUBDIVISION Manley Bros. Construction, allowing for a rezoning of approximately 1.09 acres from R -1 (Single Family) to PD (Planned Development), a Preliminary Subdivision and Preliminary Planned Development (Woodhaven Villas) to create six single family zero lot line lots, located on South Robert Trail, south of Diffley Road and north of Eastwood Court in the NE 1/4 of Section 25. P A,i 5 PRELIMINARY SUBDIVISION Eagan 30.7C /Fortune Realty, allowing for a preliminary subdivision (Safari At Eagan 3rd Addition) of approximately five acres to create six lots, legally described as Outlot A, Safari at Eagan 2nd Addition, located on the northwest corner of Cliff Road and Thomas Lake Drive in the SW 1/4 of Section 28. .D. PRELIMINARY SUBDIVISION Parking Associates, LLC, allowing for a preliminary subdivision (Spectrum Commerce Center) of approximately 27 acres to create three lots, located on the east side of Hwy 55, west of Blue Water Road and south of Blue Gentian Circle in the NW 1/4 of Section 2. XI. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE XII. ADMINISTRATIVE AGENDA XIII. VISITORS TO BE HEARD (for those persons not on agenda) XIV. ADJOURNMENT XV. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard 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. MINUTES 6)M4 REGULAR MEETINb OF THE E$06N CITY COUNCJ n Minneso�ii;: A regular meeting of the Eagan City Council was held on Tuesday, October 3, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, aok.gty. Attorney Mike Dougherty. City Administrator Hedges noted that iten;Ownder Ney;Rusiness will be continued at the request of the applicant. :t•. Councilmember Bakken movelf, seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 MINUTES OF THE SEPTEMBER 19, 2000 SPECIAL MEETING Councilmember Bakken move,�l Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: MINUTES OF THE SEP1EM Mayor Awada requested the follow choge:3'rk Mayor Awada mentioned that all Girl Sc .0 b?l• Family Fun Days held at the Civic Motion was made by Carlson, seconded by Bakken to approve the minutes as amended. Aye: 5 Nay: 0 Councilmember Carlson. j 6if 1,0. REGULAR MEETING 7?icirth paragraph under Visitors To Be Heard: TO raise funds for flood relief at the recent Mayor Awada moved, Councilmember Masin seconded a motion to reopen the discussion of the September 19, 2000 special meeting >gt}it fi.:b;'tiliT> i r(l0es;Masin requested that on page 2, first new paragraph, line 7, the sentence be reViitif'i>:r :i'i{4tl': .iiiitiif it b r Masin asked the Council if they would be interested in giving everyone a spot. Council;ggs1ber Masin requested that in line 10 of the same paragraph the sentence be revised to read: CounOgymber MO suggested that relatives could have input via Councilmembers and non- relatives be given p 4 rence fiatiin view of small focus groups. Mayor Awada moved, Councilmember Masin secorria motion to approve the minutes of the September 19, 2000 special meeting as amended. Aye: 5 Nay: 0. MINUTES OF THE SEPTEMBER 22, 2000 SPECIAL MEETING Mayor Awada requested that under Canvass of Balton; "Peggy Carlson" be changed to Councilmember Bakken mq kkgrt itt*Orfson seconded a motion to approve the minutes of the September 22, 2000 special meeting. Aye:' b `•'Nay: O. VISITORS TO BE WARD Paula Peterson, along with several of her neighbors expressed their concern over what actions are being taken to improve the City's storm sewer system. Public Works Director Colbert explained what Eagan City Council Meeting Minutes October 3, 2000 Page 2 actions are currently being taken and state ;iat a proposal will bt;..ptesented to the City Council sometime the first part of November. Lisa Germond, 4070 Amethyst Lane, iiftcfpaAfil:ion signed by 621 residents asking the City to improve the storm sewer system. Several residents addressed the City Council on the storm sewer issues impacting the Cedar Grove area. Mayor Awada stated that a complete analysis of the system is currently being conducted. City Administrator Hedges asked tictOy .'tbii fi►oner Patrice Bataglia to speak regarding the reevaluation of the property tax valuai3pfs on honfdS:#hat were damaged by the flood. Ms. Bataglia stated she had been in contact with the Co AsseSSOaOf ce and plans are being made for re- assessment of properties impacted by the flood at. ie. pd of the:goai and then again into next year if necessary. She stated there will be abat at'aq:;the .1:1 .line that residents are without their homes due to the flood damage. Councilmember Masin stated that neighborhood meetings should be scheduled as soon as the City has complete reports. Roger Martin, 4435 Oak Chas01.oad described the situation at his residence the morning of the storm. He stated he had constructed a ryryir }f: zgnt of his house to prevent the water from coming into his house. He explained that he had requesttc1:2a`g %t ice:4pm FEMA for the $7,500 that he spent on the berm but was told by FEMA that because he had no ac'ttiit'liityxiedrg.his home, he is not eligible for assistance. He stated that it took four weeks to pump the *ter froni and that he expects several large oak trees on his property to die within the next twp:year, R;ie.> tjt* t d that over the next couple of years he will spend $30,000 to $40,000 to remove thc' do 0.:k;S..l1t stated that he would like information as to what plans the City has to assist with ttitik4i0le hs. Mayor Awada stated that everyone would be notified as soon as the analysis of the situation:icompleted. Councilmember Blomquist stated that a definite date should be set for making plans for recovery and to meet with residents. Public Works Director Colbert stated that a basic report should be ready by the 1 of November 1 Councilmember Masin asked why the analysis is taking so long. Mr. Colbert stated that it takes time to survey all the aff404:4W141Mi of problems in each area and determining what part of the system fililt :atsficl:*mbQt *gin asked if more people should be hired to assist with the process. Mr. Colbert stated he did.pot think would be necessary. Councilmember Blomquist stated that some neighborhoods are hiti{ttheir ov i*hgineering firms and that the City should be there working with them. Mark Shetky, Amethyst Lane, stated that his house MO inundated with sanitary sewer water and that he continues to have major problems. He asked how the sanitary sewer system could back up into his home. Public Works Director Colbert explained how the sanitary sewer system became flooded during the storm. Brian Turnquist, Oak Pond Circle, stated that he dg;tts:Ytot feel the City could possibly have a system that would handle a storm such as the one in July. 14 stated that houses should not be allowed in the low land areas due toibovosetktiltyq tbe.yo.sf problems many residents are experiencing. RECOGNITIONS AND PR$ENTATIONS MINNESOTA CITIES WEEK `BUILDING QUALITY COMMUNITIES" VIDEO City Administrator Hedges introduced the League of Minnesota Cities produced video that promotes quality communities. The five minute video was shown. Eagan City Council Meeting Minutes October 3, 2000 Page 3 ISD 196 LEVY• 1yRENDUM N.NTATION Gene VanOverbeke, representing ISD'IW:jiiii0..iilitliiformation regarding the upcoming levy referendum. DAKOTA COUNTY ENVIRONMENTAL EDUCATION PROGRAM, RECOGNIZE CITY EFFORTS WITU AA.IF.At RESOURCES EDUCATION Dakota County Commissioner Ijatric'e'ridta ir16'1~trvti in ental Education Coordinator Charlotte Shover presented a plaque to the City for ii:16bntributip j Ib meeting countywide goals to protect water resources. COMMENTS BY CITY COUNC ;i )044111WAUTOR DEPARTMENT HEADS City Administrator Hedges stated there had been inquiries regarding private use of the City's web page. He stated that the web page is copyrighted and cannot be used in conjunction with other web pages without City Council permission. Councilmember Masin asked pity. Administrator Hedges to recap three issues that were discussed at the Special City Council meeting Seit**2.4, 2000 regarding Cedarvale redevelopment, Dodd Road between Wescott and Diffley, and a pro .0:1>; lilt ryXenzel constructing a ring road on the east side of Pilot Knob Road. Councilmember Bakken noted that; sly. cat igit Pipili:were being vandalized or removed. City Administrator Hedges stated that vandal .ii 1 r: ov}1tg'campaign signs is a criminal act and urged anyone that sees this happening to con a0Wkiiite Department. Councilmember Bakken noted that the Republican Party of Minnesota had offered a $250 reward for information leading to the apprehension of.persons vandalizing campaign signs. CENTRAL PARK UPDATE City Administrator Hedges itttro$ii ed t+I*t1i; pgAil* lVloody/Nolan Ltd., Inc., architect for Central Park, who provided an update on the prod of the Cp. munity Center. CONS HAT AGE 3* Councilmember Carlson requested that item E, PurcfNging Policy Amendment, be pulled from the Consent Agenda. Councilmember Masin asked that item M, Renew Agreements for Contractual Services (winter trail maintenance and street snow and ice control) be pulled from the Consent Agenda. City Administrator Hedges commented that Maria ls, Administrative Secretary/Deputy Clerk had submitted a letter of resignation. !Ie pj Pgius41..xpressed their well wishes to Ms. Karels in her future endeavors and stated that ii 4kf3o. sect; :,I' g,� r,',. Item 1. It was recommended to approve the hiring of Ke11y'•ratzke as a seasonal skating instructor. A. Personnel Items Item 2. It was recommended to approve the.hiring of Damon Brook and Bret Hemmerlin as seasonal recreation leaders /puppet shows. Eagan City Council Meeting Minutes October 3, 2000 Page 4 Item 3. It was recommended to accept thegbter. of resignation ftoZr}Maria Karels, Administrative Secretary/Deputy Clerk. B. Convention Visitors Bureau 2000- 2001 tsxtg i andBudget. It was recommended to approve the 2000 -01 Marketing Plan and Budget for the Eagan Convention Visitors Bureau. C. Request for Public Hearing, Certification of Delinquent False Alarm Bills November 6, 2000. It was recommended to set a public bmap g r November 6, 2000 to consider the final assessment of the delinquent false alarm bills and iftrEgfigitirritaliVitikty for collection with property taxes. D. Request for Public Hearing Certification of De ent Utili— November 6, 2000. It was recommended to schedule a public hearing forAtuember 6 to consider certification of delinquent utility balances to Dakota Countxfc#, :tgllectiort:li property taxes. E. Purchasing Policy Amendment In it S rhresho1 #`oit'l iitractual Bidding to $50,000. This item was pulled from the Consent Agenda for discussion. F. Proiect 806, Kennerick Addition (Pond HDP -1) Storm Sewer Improvements. It was recommended to receive the petition and authorize the preparation of a feasibility report by the City Engineer for Project 806 (Kennerick Addition, Pond Hl? Storm Sewer Outlet). G. Protect 751, Dodd Road, Cliff Roac1 Agreement Resolution. It was recommended to approve a resolution re estitif tiiir i,,4 rom the Minnesota Department of Transportation (MnDOT) through their L. cal Initiative MMo ppal Agreements Program for Project 751 (Dodd Road, Cliff Road to Butwin 1 s1 $s3:$ 10i Improvements) and authorize the Mayor and Deputy City Clerk to exegltte fiq�at dtSCuments. H. Contract 00 -07, Trunk Highway 1'Four -Lane Divided Highway. It was recommended to approve Contract 00 -07 (TH 13Blackhawk Road Divided Four -Lane Upgrade) with Palda Sons, Inc., for the Base Bid in the amount of $3,389,678.73, and authorize the Mayor and Deputy City Clerk to execute all related documents. I. Murphy Farm (Lot 2, Block 2) Eii iioO o W:::I.t11uas:Tpcommended to receive the petition to vacate public right -of -way and sclii itife i t8't r liti a held on November 6, 2000. J. Contract 98 -24, Blue Water Road Blue Gen cRoad S teoi Utility Improvements. It was recommended to approve the final payment »:'ontract t.:§'44 (Blue Water Road Blue Gentian Road Street and Utility Improvements) in the amtiliift of $87;;$.59 to Northdale Construction Company, Inc. and accept the improvements for perpetual City mail teiiance subject to warranty provisions. K. Change Order #10, Cascade Bay. It was recommended to approve Change Order #10 for Cascade Bay in the amount of $7,891.00. L. Proclamation, Minnesota Manufacturers Week. It was tPginmended to proclaim October 16 -22 to be Manufacturers Week in the City of Eagan. M. Renew Agreements for Contrac :Control.' This item was pulled from the Consent Agenda for discussion. N. Completion of Cascade Bav Construction Project. It w s;it commended to approve the completion of principal construction and contracting of the Cascade Bay, r'acility, with the exception of the landscaping contract. O. List of Judges for the November 7. 2000 General Election. It was recommended to approve the list of election judges for the November 7, 2000 General Election. Eagan City Council Meeting Minutes October 3, 2000 Page 5 a• Mayor Awada moved, Councilmembe$en seconded qCi ron to approve the Consent Agenda as amended. Aye: 5 Nay: 0 Councilmember Carlson stated for the record that she is not in favor of Consent Agenda item G, Project 751, authorize application for MnDOT Cooperative Agreement Program Funding. In regard to item E, Purchasin;Policv amendment increase threshold for contractual bidding to $50,000, Councilmember Carlson asked jb k.,{ie #p :would change. City Administrator Hedges stated that projects under $50,000'rd4 i*N tbk gii ititd :and projects over $50 require sealed bids. Mayor Awada moved, Councilmember Carlscigt onded a; pon to approve the Purchasing Policy Amendment increasing the threshold for. tiftt$tty :bii3Qit+gft'; 0.25,000 to $50,000. Aye: 5 Nay: 0 In regard to item M, Renew Agreements for Contractual Services (Winter Trail Maintenance Street Snow and Ice Control), Councilmember Masin stated she felt that a bidding process should be opened for the services for winter trail maintenance and street snow and ice control. Public Works Director Colbert stated there had been no price increase in the past six years from the current companies. Councilmember Bakken stated that the kvrent contracts would need to lapse before the services were put out for bid. Councilmember Carlson st t ilia,. f the services were to be put out for bid, it should be in the spring rather than this time of year. Councilmember Bakken moved, Co tjilmembei'earlspq,seconded a motion to approve a 2 -year extension to the agreements for Contractual S 'ices.foc Wkiiiffi' 'Fail Maintenance with Kieger Enterprises and for Street Snow Ice Control with Ga}}4 .;:;i �C' S 0. #'UBLIC HEARINGS TAX RATE CERTIFICATION Mayor Awada opened the public hearing regarding a Resolution Authorizing a Tax Rate Increase for the 2000 Tax Levy, Collectible in City Administrator Hedges provided an overview of this item. There being no public comment Mayor ROil�da close*' a public hearing and turned the discussion back to the Council. Councilmember Carlson moved, Mayor Awada seconded a motion to approve a Resolution Authorizing a Tax Rate Increase for the 2000 Tax Levy, Collectible in 2001. Aye: 5 Nay: 0 After a brief discussion regarding the statute requiring this tax rate certification, the City Administrator was directed to send a Letter to the Commissic :pf Revenue asking for a better legislative clarification on this issue. PROJECT190, CENTRAAW??,;:tta& UTILITY IMPROVEMENTS) Mayor Awada opened the public hearing regarding 790 (Central Parkway Street and Utility Improvements). City Administrator Hedges provided an overview of this item. Public Works Director Colbert introduced Matthew Hanson, SRF Consulting Group, Inc., who presented the details of the feasibility study and report. Eagan City Council Meeting Minutes October 3, 2000 Page 6 Mayor Awada moved, CouncilnWer Carlson seconded....motion to continue this project to a non specific date. Mayor Awada stated that moving theYsiii3W0Weipecific date would allow time for input from the Central Park Site Design Committee. She further stated that there are others issues that need to be refined and then the matter should be sent back to the Site Committee before it is brought before Council. Councilmember Carlson agreed. Councilmember Blomquist asked City Administrator Hedges to provide a breakdown on how much of the City's contribution would be coming from the bond referendum. Councilmember Blomquist further statedt i :S#14' r fh3 }.jykhn voting on this matter due to her employment with Northwest Airlines. Mayor Awada opened the meeting to the pulilic for cogent. Reid Hanson, attorney represet fii iflr. ierS: F.tMt t 1i family, stated the family feels the project as presently planned is of no betie'Frt•iti prdjlol aid is premature without a development plan for surrounding properties. He also stated that should the City decide to build a street running south from the Eagan Park to Yankee Doodle, the location of the street and access from the Perron property should be reconsidered. Mary Pineur, one of the owneg the Perron family farm, expressed concern over the proposed assessments for the Perron property irtcdiztpa•i60n to other area properties. Mayor Awada stated that the project was originally discussed when th ei'i ;iiy ptiRt3 by Duke Weeks to purchase and develop the Perron property and that the assessment woul�l tt tsv 1st ted. since that option has, expired. Mayor Awada stated this is yet anor rea$gx :tlkttf>;siidshould be continued. A vote was taken on the motion to cor i-y' 4 Nay: 0 Blomquist abstained. PROJECT 768, NORTHWOOD PARKWAY (STREET UTILITY IMPROVEMENTS) Mayor Awada opened the public hearing regarding Project 768 (Northwood Parkway Street and Utility Improvements), the authorization to prepare detailed final plans and specifications, and the acquisition of right of way through. q* d.fi0pal4 fprttOx►.if.necessary. There being no public comment, Mayor wada ttuned discussion back to the Council. Mayor Awada moved, Councilmember ASlticen secoN§d a motion to deny Project 768 (Northwood Parkway Street and Utility ImproApi#rints). Councilmember Carlson asked when the mapping will occur and when the right of way will be secured. Mayor Awada stated she would like to have the official map brought back to the next Council meeting but the right of way would not be acquired. Councilmember Blomquist asked if Mr. Larry Wertivas aware of the intention to map the proposed Northwood Parkway. Mayor Awada stated that ;ivould be aware of it after this meeting. A vote was taken on the migii�::1t�G' 73►ji:?t e. Motion was made by Awada seconded by Carlsotttd :bring back the official mapping of Northwood Parkway to the Advisory Planning Commissioril review. Councilmember Masin asked what will happen with Mr. Wenzel's plans for development in conjunction with the Northwood Parkway issue. City Attorney Dougherty explained that as part of Mr. Wenzel's plat, a land swap with the City was part of the conditions for moving ahead with the development of the property. With this land swap not occurring, Mr. Wenzel would have to redesign his plat to not Eagan City Council Meeting Minutes October 3, 2000 Page 7 include the City property he proposed to Councilmember C lson expressed she did not feel this was fair to Mr. Wenzel since his plat had prevtgi> .y received approva'f% Councilmember Blomquist stated she felt it was a waste of the City's time to start itG r4045 Gjti*'again and that issues should be worked out between the City and Mr. Wenzel. Councilmember Carlson withdrew her second to the motion to map the Northwood Parkway. Mayor Awada stated Mr. Wenzel could bring in a new proposal that does not include the City's property. Mayor Awada asked for a second to her miligq. There:Wig no second, she withdrew the motion to map Northwood Parkway. Councilmember Blomquist statrA;$lfC: 'Costagi. Ati?ild come together and stop hurting people. Mayor Awada stated that until liiii:WiggWe Ci$ ai,E a1 with Mr. Wenzel and it had fallen apart. Councilmember Masin stated she felt Mr. Wenzel had tried to negotiate with the City and that the City is making it difficult for Mr. Wenzel to develop his property. Councilmember Carlson state t3 gbe.felt there is too much history for a decision to be made at this meeting. She stated that Mr. WenzeYtr$13 tat4akthe last meeting that he had an undevelopable piece of property. She had requested that staff validateifki ,bc toted she had discussed the issue with staff and was told nothing is holding up Mr. Wenzel's gevelopmenfifSiit'tortight she is being told that Northwood Parkway is holding up the project. Councilmember Bakken stateat#ittSe;?AVtiiiiel could petition for the project at the time he is ready to develop. Councilmember Carlson stated that rather than map the property, let Mr. Wenzel petition for the project. She stated she did not want to•shut any doors on Mr. Wenzel. PROJEC'L',•'t,'';#t;*SSr1 SWIT HEARING (WESCOTT ''Gt?#:'.6ScTS UTILITIES) Mayor Awada opened the public hearing:*4arding Vet Scott Woodlands streets and utilities. City Administrator Hedges provided an ciihhi3view onigill item. Public Works Director Colbert gave a staff report. He provided a revised version of the assesjt3 int roll based on the City's appraiser's opinion of maximum value benefit. Rachael Thorpe, owner of one of the properties to be assessed, stated she had not been informed of the informational meeting. She stated she had submitted a letter of objection and requested that the assessment on her family's property be deferred without inte';::until the services are needed. She stated the family has no plans to develop the property. Mayor Aw's,$ stated the assessment could be deferred but not without interest. Mayor Awada moved, CouneiffriiT hiatfltak1eiPs%drm$ed a motion to approve the Final Assessment Roll as amended by the appraisals for Project 7p Woodlands Street and Utility Improvements) and authorize its certification to Dakota Coiiji for collection with the Thorpe and other similar properties being deferred for sewer and water if an ati'ecment is entered into by November 15. Ayes: 5 Nay: 0 MINOR SUBDIVISION ADDITON) BRIAN TURNQUIST Eagan City Council Meeting Minutes October 3, 2000 Page 8 report. Mayor Awada opened the publi ring regarding a Ni Rr Subdivision (Turnquist Addition). City Administrator Hedges providA :54: vie V gAis. item. Senior Planner Ridley gave a staff f Brian Turnquist, applicant, was present. There being no public comment, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Bakken moved, Councilrttoter Masionded a motion to approve a Minor Subdivision (Turnquist Addition) located north of Pond Ro,and west of Oak Pond Circle in the SE 1 /4 of Section 26 subject to the following conditio;'�.��•' ad 1. The subject property shall*Niilafi l' 2. The applicant shall comply with these standard conditions of plat approval as adopted by Council February 3, 1993: B1, B3, and El 3. Proposed Lot 2 shall be s ij ;t. :tpa cash park dedication. 4. Proposed Lot 2 shall be subject to a cae8 l44:dication. 5. Proposed Lot 2 shall be subjecUito a caskoy dt; t ie'itty dedication. Aye: 5 Nay: 0 MINOR SUBDIVISION (HELEN KENNEDY ADDITION HELEN KENNEDY Mayor Awada opened the public hearing regarding a Minor Subdivision (Helen Kennedy Addition). City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. There being no public comment, Mayor ada*closedTe public hearing and turned the discussion back to the Council. Councilmember Bakken moved, Councijjgmber Caj: *n seconded a motion to approve a Minor Subdivision (Helen Kennedy Addition) of .82 acres to createM single family lots on property located at 3300 Heritage Lane, currently platted as Lot 11, Block 1, Letendre Addition, located in the SW 1 /4 of Section 9 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1 and 2. The proposed house to buj .eo.Lgt,z,mkst SAtisfy a front yard setback from Donald Avenue as required in t jie bdivision 19.B, which is the average setback established by ttfie irXisftrig tTwe. Witi•itii'tie block (along Donald Avenue). 3. The existing shed on the southeast corner of tig:i ite shall be removed prior to release of the plat for recording. 4. Proposed Lot 2 shall be subject to a cash park dedication of $1,272.00, payable prior to release of the plat for recording. Eagan City Council Meeting Minutes October 3, 2000 Page 9 5. Proposed Lot 2 shall be subjr to a cash trail dedicj051 6. The development shall be subje&CG ;Jj* Nliality prior to release of the plat for recording. of the plat for recording. 7. An Individual Tree Preservation Plan will be required with the building permit application and compliance with the tree preservation ordinance will be determined at that time. Aye: 5 Nay: 0 r OLD AINESS I'gggatiFiAN•R1 a City Administrator Hedges recommended that the ekly flood debris pick -up continue and be re- addressed around Thanksgiving. of $168.00, payable prior to release dedication of $1,255.00 payable Mayor Awada moved, Councilmember Masin seconded a motion to continue the weekly flood debris pick up and re- address the issue ip November. Aye: 5 Nay: 0 City Administrator Hedges stat&d.4 t h FA,ts scheduled to leave on October 5 He stated that they continue to receive applications for flood rgiit::::]f? dMes stated that if the Council feels there should be an extension, a request needs to betede to the'Artl'ahta office. The Council agreed that an extension should be requested. Paulette Corona, Outreach Co "ktc;: #trterfaith Disaster Response of Dakota County was present and described the services offei a this organization. PROJECT 779, DODD ROAD (DIFFLEY TO WESTCOTT) City Administrator Hedges provided an overview of this item. Public Works Director summarized the options and issues along with an eSgp ©st lq;tde i time frame and proposed process to complete the identified tasks and pres itit, io.bftgO 0ti> :tb the Council and public. Councilmember Masin asked if it was prain to get f$ arch information before the feasibility report is authorized. The Council discussed the okirWts. Mickifeefer thanked the Council for the time put into this project and working with the neighbonco jI o preserthdtji ie historical area. He requested that a meeting be held before November 21 Mr. Colbert stated tha;meeting is planned for November 13 Sannee Cline asked if residents could be instrumental in doing some of the historical research for the project. Mayor Awada stated that the Eagan Historical Society had been approached to review the project from a historical standpoint. Councilmember Blomquist, who is a member of the Historical Society, stated that the Historical Society would be discussing the issue at their November 14 meeting. Councilmember Bakken encouraged anyone who had any historical informatittp:to please contact the City. Councilmember Bakken m •je ArivA4.ssonded a motion to define the scope of study as recommended by staff and authorizes;4 fl�f vSd Feasibility Report for Project 779R (Dodd Road Upgrade Diffley to Wescott). IyVI'Nay::1§:': NEW BUSS CONDITIONAL USE PERMIT METALS USA City Administrator Hedges provided an overview of this item. Senior Planner Ridley reviewed the 'staff report. Eagan City Council Meeting Minutes October 3, 2000 Page 10 A representative of the applicant ■w .present to answg .odstions of the Council. report. Councilmember Bakken moved, CotitillitrAW:iggpidiSbn Co seconded a motion to approve a Conditional Use Permit to allow two above ground ftiel'storage tanks on property located west of Highway 13 between Alexander Road and Meadowview Road (3101 Sibley Memorial Highway) and legally described as Lot 1, Block 1, Eagan 13 Industrial Park in the NW Vs of Section 9 subject to the following conditions: 1. The Conditional Use Pt4iiiil'Airli*bMitszcd, ?akota County within 60 days of its approval by the City Council. 2. The tanks shall be located north" ie site's giOipal building as identified on the site plan. 3. The proposed fuel tank storage shall besu'iject to review by the City Fire Marshal per the Uniform Fire Code for Flammable and Combustible Liquids. 4. The proposed storage of fuel tanks shall be reviewed and approved by the State Fire Marshal. 5. A 24 foot wide drive A a'i i .Atgintained along the north side of the building. 6. There shall be no net loss cq :;bff .streettiSitii& as a result of the fuel tank location on the site 7. The fuel storage are ;sk 1 1.k ?gei tined from Meadowview Road via a slatted, eight foot high fence. 8. Parking will be allowed only within designated off street stalls. 9. There shall be no outside storage upon the property, except otherwise noted. 10. A maximum of onc;ciie'tit§: a it tik'er ialite i:cated at the facility's dock door. 11. The scrap metal container shall: :$creeneJ i enclosed by a chain link fence. Ayes: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT FINAL PLANNED DEVELOPMENT ACCESS LIFTS, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a.staff The applicant was present 4psYyr. of the' Council. Councilmember Carlson m &iiii>'iglitieiiii$er 7dcen seconded a motion to approve a Planned Development Amendment to allow the operation of an elevAtpr• or lift sales and service company upon 1.7 acres of land located north of Town Centre Drive and west i*: 'Leary Lane on property currently platted* as Lot 1, Block 1, Town Centre 100 Ninth Addition in the ii6filteastVs of Section 15 subject to the following conditions: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits ai' j g d for the T pal tanned Development Agreement: A. Final Site Plan B. Final Landscape Plan C. Final Building Elevations and Signage Plan D. Lighting Plan Eagan City Council Meeting Minutes October 3, 2000 Page 11 Aye: report. 3. Not less than 50 perce4l i be i i t **voted to office and/or showroom space. 4. No service or assembly of produ0lhall take.e on site. 5. There shall be no outsi$ inWib 4t pany vehicles) on the property. 6. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 7. The site plan shall be revised to illustrate three additional stalls as required by Code. The City shall reserve the right to require the construction of the three additional stalls if the need is to arise. 8. All exterior lighting shalP1 Artsldirected to deflect light away from adjacent properties and rights -of- wad.,., 5 Nay: 0 PLANNED DEVEl if`i IE'YY' REALCOR, LTD. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff The applicant was present to .]swer :q. uestions of the Council. Councilmember Bakken mooed'CoiliiCl?'rrittct't i {'i seconded a motion to approve a Planned Development Amendment to allow the constructicij ,f a two -stock 3,850 square foot storage facility within the Lexington Hills Apartment complex located eipf Lexini Avenue and north of Diffley Road, legally described as Lots 1 -11, Lexington Hills Fri' :isddition;. ¢sated in the SW Vs of Section 23 subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property within 60 days of Council approval. 2. The storage building shall be constructed ipTordance with the approved site, building and landscape plans. 3. The storage buildifrsE; isdGF¢Q}3t cjtsidents of Lexington Hills Apartments. 4. The storage building shall be constructed brick and vinyl siding to match the existing apartment buildings. 5. The applicant/owner shall work with City'Police Crime Prevention Unit to incorporate additional appropriate security measures for the storage building. 6. A more detailed landscape plan identifying specific species and planting specifications shall be submitted for staff review and approval prior to issuance of a building permit. Eagan City Council Meeting Minutes October 3, 2000 Page 12 Aye: 5 Nay: 0 report. 7. All exterior lighting shoS7 :lx:ktaielded anc e d downward so that the source is not directly visible from off tlti3,�`►`,tl':: PLANNED DEVELOPMENT X 4.1 PLANNED DEVELOPMENT AMENDMENT RJM. ONSfl ON, INC. City Administrator Hedges provided an oabiew on thiskitem. Senior Planner Ridley gave a staff The applicant was present to ariSwei questions r' ouncil. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to allow an in -line retail center including a Class II restaurant with a drive through service for Lot 2, Block 2, Oakview Center, located at 3090 Courthouse Lane in the NW 1 /4 of Section 12. Ayes: 5 Nay: 0 Councilmember Bakken moved, CoiiiklMo; qi Carlson seconded a motion to approve a Final Planned Development to allow an in -line retai!l,cenier Class II restaurant with a drive through service for Lot 2, Block 2, Oakview Center, lOicated at 30kcpkintiouse Lane in the NW 1 /4 of Section 12 subject to the following conditions: 1. An amendment to the Oakview Ce'iii:dl ::Aitilifninary PD Agreement shall be executed which clearly identifies this change in use for Lbt Block 2, and eliminates retail as an allowable use for Lot 2, Block 1. 2. The applicant and/or developer sh11 enter into a Final Planned Development Agreement with the City prior to building permit issuance., 3. The following exhibits are requi i=Q'fo'i (Iiis')~'iiia'i'i aii i2i3:fliEvelopment Agreement: Final Site /Signage Plan Final Building Elevations Signage Plan Final Landscape Plan Final Site Lighting Plan 4. The site shall be developed in accordance with the above referenced final plans. 5. This development shall be responsible for constructing t east service drive to its ultimate width for its entire length. 6. The developer shall prepare ingViiiiiaggiOti*WrAtents covering the shared access drives for review and approval by the City?i }ti'r** :issii oof a building permit for this development. 7. The development is responsible for cash park and trailtirtcations and is payable at tie time of building permit at the rate then in effect. 8. The final site plan should be revised to provide a 50 -foot building setback from the Hwy. 55 right -of- way. Eagan City Council Meeting Minutes October 3, 2000 Page 13 Date 9. A final landscape plan shall be submii ;ihat has been revi .tc show grading contours and reflect the required tree mitigation and screeratof 0,cement� idCi t tl f ed in the planning report. The revised final landscape plan will be subject to re jti(if. i'4.iy City staff for incorporation in the PD Agreement. 10. A detail of the menu board sign shall be included in the final signage plans. 11. Wall signage for each tenant shall be,a1lp� T. thC e st ide to exceed 8' x 3' and on the east t' side not to exceed 4' x 1 �/i' signage ;Ior B i+c b e business' entrance face north, in lieu of such sig>> :a on kio... sid allowe e f or that on tenant. the north side should a 12. All wall signage shall be individual back -lit 1etp1 Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA NLC CONFERENCE City Administrator Hedges staf :033t the National League of Cities Conference is scheduled for December 5 -9, 2000 in Boston. The C if. **lied to consider action to include an opportunity for newly elected City Councilmembers to atteictifie: ,tjtt t It was recommended that a letter be sent to all four candidates notifying them of the confw,nce sd't'tei$§:itbt•are newly elected to office in November can include attendance to the NLC ConferencKipi December gg if it works into their personal schedule. Councilmember Masin movedM ditilinember Carlson seconded a motion to authorize newly elected officials to attend the NLC Cori'erence from December 5 -9, 2000. SPACE CENTER AIR CARGO TRAFFIC STUDY A draft traffic study incorporating the gG 1 Induktria1 Park in response to concerns raised during the Space Center Air Cargo CUP application w�'s;:0$S4ijitt$;to 4tC:,Pekfj i Councilmember Masin asked if this report has been given to any of the citiiieifS:' P'ti$7i :WiEi1•Ii9 for Colbert responded that this is being given to the Council only at this time for full disct$S J7pn at the4 4ober 17 Council meeting. SCHEDULE SPECIAL TY CO1,f IL MEETING Motion was made by Mayor Awada, seconded by Cduii ?ilmember Carlson to schedule a special City Council meeting for October 24, 2000 at 5:00 p.m. Aye: 5 Nay: 0 i1DJOURNMENT The meeting adjourned at 11:00 p.m. to an Executiaission to consider a contract counter proposal from the Police Dispatchers Unit. City Clerk MBM if you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681 -4600, (TDD phone: (651) 454- 8535). Eagan City Council Meeting Minutes October 3, 2000 Page 14 The City of Eagan is committed to the policy tli*K *persons have.504#c ess to its programs, services, activities, facilities and employment without regard to race;'.... ....:0 origin, sex, disability, age, sexual onentation, marital status or status with regard to pti131V4iitiiiiiiec Special City Council Minutes October 2, 2000 Page 1 of 2 iiiINUTES OF SPECIAL MEETING :QF THE EAG4N.CITY COUNCIL EA i AIINNE$010 OCTedii Y b00 A special meeting of the Eagan City Council was held on Tuesday, September 26, 2000, at 5:30 p.m. in the City Council Chambe adthe Eagan Municipal Center Building. Present were Mayor Awada and Councilmembers 411aditihifRair:Wpgckn and Masin. Also present were City Administrator Hedges, Director of 'Parks'a gec ttc t:Vraa, City Engineer Matthys, Administrative Specialist Wielde, Administrativrr pecialisti tel, Focus Group Team Leaders Asfahl, Bolduc, Champlin, Graham, Lilly, Mes •lowari*:Oches, Olson and Rippe. OPENING REMARKS iittilir* STRATOR TOM HEDGES City Administrator Hedges welcomed the focus group members and gave a brief overview of the process leading up to the first focus group meeting. WELCOME/REMARK RODUCTION MAYOR PAT AWADA Mayor Awada welcomed the apsem&Ietl: t.. She noted that the community center project has been talked about f Aver tweru acrs and after several failed referendums, the community's vision414000iiiiig reality. She introduced and recognized Mr. Clyde Thurston, }ia't1ie original Task Force and was involved with the referendum campaign. tie received a round of applause. Mayor Awada commented that the selected consultants would make a great team and help make the community center an important part ofEagan's identity. PROJECT MANAGE S OF PARKS AND AtIORAA City Administrator Hedges welcoigg the teq present at the meeting and introduced Director of Parks and RecreatiyVraa a$31e project manager for the Community Center /Central Park. Project 1Vlanageriaa described his role in the process, stating that he would be responsible for coordinating interaction between the focus groups, consultants, staff and City Council. He introduced City Engineer Matthys and Mr. Bill Armstrong from TKDA. CONSULTANT WAM Mr. Bill Armstrong of TApl;4 was encouraged by all the enthusiasm in the room and stated that the. a 0 e.W* excellent. He introduced Mark Bodine, Janet Jordan, Kathryn Larson, Dennis Han'and stated that they expected this team to function well together through completio>3i002. Mr. Bodine stated that the group met to review the interactive feedback procss:to be used with the focus groups and that they will come back at the meetings on November 1, 2 and 3 with concept designs based on feedback from the focus groups. He further stated that the November 1- 3 meetings would involve full group discussions and individual meetings with focus Special City Council Minutes October 2, 2000 Page 2 of 2 ••••••:•:•:•:•:•:•:•:••••••:•:•:•:•::•••••:•:•:•:•:00: groups, finishing up with a final fulfoup meeting to fi}ze the direction to move to the next phase. City Administrator Hedges Everson from Stahl Construction, the Construction Manager oriiie'ptoject. Mr. Everson said that his involvement would be to provide a roadmap to completion, focus on the overall picture and then add detail as they designed the construction documents. He stated that he would be highly involved in the bidding and.§414sjn.iction process. Project Manager Vraa described the: a 'orfhesftgff- appointed Team Leaders for each focus group. He stated that their role illd be tAicilitate the group's process, to relay information between the focus grous.$$l the c¢siltants and to serve as a resource for focus group members unable tq :pi' e: :i uestions between meetings. City Administrator Hedges reminded the group to mark their calendars for November 1 -3 for the next meetings, commented that the website would contain updates on the project and asked the groups to break out according to their focus group assignments to meet with the conants. ADJOURNMENT/FOC11 Q1 O $BEAK OUT SESSIONS The meeting adjourned at 7:05: hen ttt ivided into two consultant -led discussion groups. The FacilitieSfou:Qtisiiiet'in the Council Chambers. The Site focus groups met in the commu ntititioiii' Special City Council Minutes September 26, 2000 Page 1 of 10 MINUTES OF THICIII SPECIAL MEETIN OF THE EAGA .CITY COUNCIL AM I, E MINNESOlgA Septem'fieY40000 A special meeting of the Eagan City. C.ouncil was held on Tuesday, September 26, 2000, at 5:30 p.m. in the City Council Chari:i"# at;ip Center Building. Present were Mayor Awada and Councilmembers Blomqurs{ $#iSttn n and Masin. Also-present were City Administrator Hedges, Assistant City A n ktrator 3i ugge Director of Public Works Colbert, City Engineer Matthys and Administr¢}#ill Specialist :Hertel. WARD Mayor Awada acknowledged visitors to be heard. There were no visitors present interested in speaking on items not listed on the agenda. CEDAR AVENUE/HIfx WAY 13 REDEVELOPMENT CONCEPT City Administrator Hedges gi<le:tti pki wand introduced Assistant City Administrator Verbrugge and Mr. Jim)rosser Wifti'the)✓hlers Group.. Mr. Prosser gave an overview of the process, emphasizii# •u p?c0a*ca of the Council being comfortable with the prescribed pzo tbe f e noted that there are two key elements to the Cedarvale redevelopment: oil; :iftlaii'fefinement and two, a communications plan. He summarized the ten steps of the redevelopment process, pointing out that the.Cedarvale project is in the concept refinement phase, which is not a final product, but does give developers a sense of where the development is going so they can determine if they are interested in participating. Mr. p:9sser stated that a successful development project must have 1) Clear goals, 2) a mark g •e:�j,'ti (through developer funds, public funds and TIF assistance). We period could be lengthy, with the first development phase being coi eted inNo to three years and the final development phases being completed in to fiftee# ears. He remarked that it is impossible to predict the market that far diewith ari t giertainty. He emphasized the importance the City Council places on citizen input Tti'fhe process and outlined a procedure of concept refinement that subjected all plans to an Open House for all Eagan residents.. He further commented on the importance of securing financing to be able to obtain developer commitment. Mr. Prosser stated that the development agreement phase would include formal approval by the appropriate ifOiimissions and Council, stating that at any point in the ten -step process, the project discontinued and everyone should ''A;:'oe noted that redevelopment is, be aware of that possibility goir� invariably, a highly disruptive prBCeSS'� Mr. Prosser went on to review the Commii3ations Plan to obtain citizen input and participation in the redevelopment. He stated that the plan includes components to receive input from both the general public and also the property owners in the immediate Cedarvale area. He highlighted options including an answer line for citizen calls, website Special City Council Minutes September 26, 2000 Page 2of]0 updates and a series of open house -ie stated that thtftct two steps for the Council are to adopt a communications strategyst d proceed with tl .project refinement stage of the redevelopment. Director of Public Works Colbert iL�ovet'tne realignment of Beau D'Rue, Cedarvale Boulevard and Silver Bell Road near Trunk Highway 13. He stated that this is not a typical intersection. He commented that the City Council directed staff to do a traffic study for full development ii Lc i:id 2020; the proposed design would maximize intersection improvemenpf;zi~cc fi ;f t amount of traffic. Mr. Matt Hansen of SRF Consultin 'group ndf it that the road improvement would be the first phase of the redevelop g combi»$ Beau D'Rue and Cedarvale. at Silver Bell Road to improve the tr. .jt l4*: a :Mr. Hansen stated that the new intersection would be signalized, medians and landscape features. He further stated that this improvement would significantly impact the area, involving 94,000 square feet of right of way, 14 total residential and commercial properties and 3 properties that would require outright purchase. He estimated the project would cost approximately three million dollas� Director of Public Works Hansen about the current levels of service at the intersection and how the prove'iif iifi' 'ould enhance tlie flow of traffic. Ms. Doris Dahline of 3830 Alder Lan ?iti u1r0;� 0 e intersection of Beau D'Rue and Nichols Road, referring to it as the. *iiiit .nce to the Cedarvale area Director Colbert stated that the two inter 0 ttti>2i' be studied independently. Ms. Dahline referred to the 1984 Star City report that identified the cloverleaf interchange of Cedar Avenue/Hwy 77 and Trunk Highway 13 as the primary entrance into Eagan and that the adjustment felt at the south end of the proposed redevelopment was of paramount importance given the residents.' singular access through Silver Bell Road. Director Colbert stated that modificatiorigt1ROglgt:IjWciiange is under the jurisdiction of the Minnesota Department of Traiisj dr'tafi''dii'attilf`Icel• i could not be changed. Director of Public Works Colbert i0in askert:about the current levels of service at the intersection and the potential enhatit inent t4ii the realignment. Ms. Marie Cote, of SRF Consulting Group, stated that the moiiiig traffic in particular is at an unacceptable level. She stated that the current level of service at Hwy 13 and Silver Bell Road is level E. The intersections of Silver Bell Road /Cedarvale and Silver Bell Road/Beau D'Rue currently function at level F. She stated that the Hwy13 /Silver Bell intersection will function in 2010 at level F as is, bt# Nith dual left turn lanes on TH 13 and other geometric improvements would functionikevel D. Mayor Awada asked if ifiiii property and right of way acquisition. Director of Public Works Colbert anwred in the affirmative. Councilmember Carlson asked for clarification abi i .he proposed Silver Bell/Beau D'Rue /Cedarvale intersection. Ms. Cote responded that in 2020 with full buildout that the intersection would function at level C or better. Special City Council Minutes September 26, 2000 Page 3 of 10 Mr. John Larson of SRF Cisulting Group reviiiid the landscape /streetscape plans, commenting on the improveril¢bt as a new gateway to the City of Eagan, pointing out that cars traveling on Hwy 77 of::nk Highway: #3:iiir within the development itself will be able to readily identify the aragigiggik040ie new elements including a pond, fountain jets and pedestrian- oriented spaces'tit€ it arbor area and a small plaza. He pointed out the continuous median on Beau D'Rue Drive and its more modern street design with amenities for pedestrians and the median to give the road a parkway feel and slow down traffic. Ms. Dons Dahline asked if the redeQpment i airport consideration ort ry o Y'••• noise. Mr. Larson commented that eve �g involved 'i* aware of the problem and emphasized opportunities to capitalize os Ms. Dahline asked about zoning requirements of the mp}ri 3fl#i*:;diarports Commission). Mayor Awada stated that the MAC has nb iuiisdictionfiiiagan; zoning authority rests with the City Council. Director of Public Works Colbert pointed out the service level improvements caused by the realignment, citing: *die increased distance between the Beau D'Rue /Silver Bell intersection to the intersecti6iggs 13 and Silver Bell Road. Ms. Dahline asked how many car lengths 'o liii:.as .tore would be between the intersections with the new alignment. Mr. Hansen 4tlitted thaiiiiietew,ere 400 feet between the intersections, or approximately twenty: ;ar 1e Mr. Steve Wallick inquire;: Rahn Road redesign improvements and if there had been discussion of Nicols Road. Mr. Larson stated that Rahn Road north of Beau D'Rue would be addressed with the internal redevelopment improvements. Rahn Road South of Beau D'Rue and Nicols Road are not under consideration at this time. Councilmember Carlsork s O,viil o the original specifications, which included first floor retail office sjiace titl•:sicaiiii floor housing, stating that the original proposal had called for more higtk sity hGu ng in the area Mr. Larson commented that the 90 single family units! re act* n attached townhomes; he noted the lack of interest among developers in tk nixed- *idevelopment proposal and stated that achieving mixed -use in that area would require fgher public subsidy. Mayor Awada inquired about the timeline and prospects for securing TIF funds, financing and final cost estimates. Director of Public Works Colbert stated that the road alignment was the first step and that developers wn't feel comfortable committing to the project if it was not clear that the roads would fiWitble to accommodate future traffic. He said the road would kick- s>i **?ject and serve as a selling oint p for developers. Councilmember C aiiiii1 tetl ifiii ouncil should move forward without delay. Councilmember Blomquist asked 1}» the $3 million in costs would be funded. Director of Public Works Colbert stated *there there are typically three funding sources for such a project. He said he expected little if any funding to come from TIF, stated that special assessments would be difficult given the widespread benefit of such a Special City Council Minutes September 26, 2000 Page 4 of 10 project and stated that most of the Qiding would have:la :come from the city's Major Street Fund. Mr. Hugh Fitzgerald of Cedardi L 8. z t ed about the medians asking if the medians would block any traffic flow into the existing businesses and asked how businesses that currently operate in Cedarvale can participate in improving their exteriors in a way consistent with the redevelopment plans. Director of Public Works Colbert stated that the City Council was look !?.0.c a hi, h giAity development, but that the specific architectural standards hae:ii %:s:'e final design for upgrading Beau D'Rue would address his access concerns. Mrs. Betty Bassett expressed i t co about t) ontinued increases in truck traffic on Trunk Highway 13. Sh6 si ailed o: vhole interchange was a mess and was only going to get worse. Mr. Albert Birr of 1930 Silver Bell Road expressed frustration at the possibility of losing his property, stating that he had lived at his location for 40 years and should not have to move. He further stated ,the traffic problem is not as described by the consultants and staff, that the traf '04.;:p:44 better than it used to be Ms. Dahline expressed confus0 now that Community Center referendum had passed and asked why a second c c#3iut trl si i would be built as the north anchor. Mr. Lee Ashfeld stated that the c i :eiiite3'r mi be more like a neighborhood facility. City Administrator Hedges clarified that the Council still needs to adopt goals for the redevelopment project and that the Village Plaza was a concept created to test the market for developer interest. H .f rther.0arifed that the Community Center had been an idea early in the process but ,vyds 5A ii e concept due to the referendum. He stated that what might have been the would likely be replaced by an office building or other tax generating G5b. Ms. Dahline expressed concern thief the ply; was unsuccessful that the road improvement would not have been necessary. Dire ?'tbf of Public Works Colbert stated that the City is not proposing to improve the street without the complimentary redevelopment of the area but that even if the redevelopment did not take place, the road improvement would improve the traffic situation considerably. Councilmember Masin a sgd if Beau D'Ruvvbuld have to be expanded to do the improvement. Director of PutegiVitWO4040d that the design is intended to fit within the current curb boundanes "1Ma3)b1 slated that the Council needed to see a feasibility report. Councilmember Masin asked fo;:Qre information about the boundaries. Councilmember Blomquist stated tha;e would like to see information about the improvements to Beau D'Rue all the way down to Nicols and to take into account the south entrance. Director of Public Works Colbert stated that the southern Special City Council Minutes September 26, 2000 Page 5 of 10 entrance was not being consideredithis time but will iFiv flexibility for redesign, based on what the outcome of the ryelopment migjste. Councilmember Bakken moved'• fi ber Carlson seconded, a motion to authorize the feasibility report for the Project`$Od (Cedarvale Access) realignment. Aye: 5 Nay: 0 Mayor Awada stated that tto ,je .,sip *.t4.?xlove forward and that the market is there for redevelopment. Counctfaei lK+r ttWed that the feasibility report was not an absolute. Councilmember MasiR: sked whej the citizens would have an opportunity to give feedback on the project; 1ayor Arvada stated that the public hearing would be held in approximately Mayor Awada moved, Councilmember Mill' seconded, a motion to schedule an Open House to consider the concept plan for Cedarvale. Aye: 5 Nay: 0 Assistant City Administrator Verbrugge confirmed that the sketches and designs would be available on the city we N4.. e PROJECT'ft iD» ROAD City Administrator Hedges a y g g ??.tx!*: Re noted that at the September 5 Regular City Council meeting, at e:_soi 'ft:t Representatives of the Dodd Road neighborhood, the City Council 1i2PkWeduled four meetings to better facilitate the process and had subsequently scheduled this meeting also at the request of representatives. He said the purpose of the meeting was to have a dialogue between the City Council and residents and that there would be no formal presentation. Mayor Awada explaine tftimgoo v considering a road upgrade and noted that it was clear there is not a lot of suppiiff r a full three lane urban upgrade of Dodd Road. She mentioned this is one ofOie last reining roads in Eagan that is not up to urban standards. She stated the Counciias inte in hearing other options beyond the previously proposed three lane urban ilpgrade a40 ,,be minimal bituminous overlay proposal. Councilmember Carlson shared her proposal with the group. She recommended a two lane road with curb and gutter with a safety lar ,.for parking on one side and a single sidewalk on the other. She recommended decreasi;xg the width of the greenspace between the road and the sidev]k.a d reGAmmend'ed reducing the width of the sidewalk so the entire project would only;%ir; SitC}: W t#f3_#:the road by 12 feet. Councilmember Bakken stated that he had had:gg envisioned a "Wescott esque" upgrade for Dodd Road and suggested using the siion of road south of Diffley as a guide for developing the northern section of road between Diffley and Wescott. Special City Council Minutes September 26, 2000 Page 6 of 10 Mayor Awada reminded th kssembled resident#i: #fiat this meeting was not a public hearing on a specific propos ut an opportu4tylo present the Council with options to include in the feasibility r c ei s She etwgiiiiiied the importance of bringing the road to urban standards. Mr. David Anderson of 4086 Foxmoore Court asked Councilmember Carlson if her proposal would include turn lanes. Councilmember Carlson stated that, in her proposal, turn lanes at the intersec o y,?I I Wescott were possible. Mayor Awada commented on the necessif a s :]ai ii i3 i, aggaccommodations along Dodd Road. Councilmember Carlson stated that Wiused Efiiiie Road as a guide for her design. Mr. Les Portz of Bradford #j#1 dodd S :.concern about expanding the road to 26 feet and stated that the curb and gutter wei'e'lfie problem because that is when trees become affected. He proposed for consideration an attached bituminous shoulder with no curb and gutter. He further stated that the car count was not accurate and should be redone. Mayor Awada asked where the car counts were taken. Director of Public Works Colbert stated that the two test sy ...were at the north end of Dodd just south of Wescott and at the south end of Dodd jusf':44i1: :Diffley. Mayor Awada asked that staff do another study and notice the residents 'oiie if they wanted to do a hand count. Councilmember Bakken asjke i Wx''''id ta'on the comparative maintenance costs of maintaining an urban road vei_$issi fiii road. Councilmember Carlson asked for information about where the water would go if curb and gutter were installed. Mayor Awada asked the assembled citizens for other proposals. Mr. Michael Morrisson Qf,.72. »ragRrd Circle expressed concern about safety for pedestrians, stating that if the'Sir tpi id g; iC, i#tsili failed, the bus service may be discontinued and the children from the area woiitd'1iaVe to walk along Dodd Road to school. He suggested a reduced speed ling:; He fuifr noted that special assessments were historically justified when homes wa;SIil benefitm the lack of dust and other problems alleviated by going from a gravenbad to dived road, but that the current improvements have more undesirable side effects thaneneficial ones. He recommended reconsideration and reform of the special assessments policy. He stated that he favored an extended shoulder on one side of the road and a bike trail on the other side. Mayor Awada stated that consideration oft projects and discussion of the assessments were two separate is�i�es,..�She furtherst ted that all residents in Eagan who benefit from improved or upgr70: #ii5 :pi r them at one time either through special assessments or through cosfs'pa'sse:riii'fiy'f'lie developer when they built their homes. She stated that the residents on Dodd Ro,t.ad not paid for a road upgrade at any time during their time in Eagan. She further st i d that the assessments will not push people out of their homes and that residents do have the option to defer their assessment payments. Special City Council Minutes September 26, 2000 Page 7 of 10 Ms. Shelley Albalm stated t'igi Mayor Awada i ight about assessments being a separate issue, but still believed ti ksessments prop sed for this improvement were unjust. She stated that the road doe404.49 implored Councilmembers Carlson and Bakken to not dismiss the'"" i }:4tiickly, citing the perilous circumstance of a driver waiting to turn leftTs driver approaches rapidly while a biker is also on the narrow shoulder. She asked that city staff, during the traffic recount, do a count of left turns onto Elrene and Stonebridge. Councilmember Carlson again pointed out the merits of her prop9§041 it.xeSPlves safety concerns without affecting trees and area topography; stilt :?f iggi0ouncil must weigh out the convenience of a center lane. Ms. Albalm s1 i that tke *enter lane was a safety precaution, not a convenience. Councilmember Masin askifd: ike 60:4903ns suggested at the Open House were not considered. Mayor Awaaa stated that sfaf'f`'did just what the Council asked and had prepared a report for a proposed upgrade according to Council direction. Councilmember Carlson again stated that feasibility reports are not final proposals. Councilmember Masin asked that the suggestions given at the Open House be included in any future submissions regarding. d Road to the Council. Mr. George Westland of 636 feliiiiliagiuwessed concerns about safety and said that one trail was needed at a minrm. Hestife .that his informal traffic counts yielded up to 20 -30 cars per minute dis2ii�g.,n ffc. He called the proposed assessments unfair and possibly ill .eg t::; Mr. Don Klein of 4070 Dodd Road stated that he had lived in his home for 30 years and described his enjoyment of tl>,e ecology, wildlife and greenspace. He pointed out that not all property owners Would be able to subdivide their property and profit from the proposed improvement. He.. i ~xgressec� concern about the lowering of the road and the slope of the new road. He furt liRi: Q set sst pri out where the water might go Mr. Christopher Foreman of Doddd Esk s##ed that he had lived for 10 years on Esk Lane. He stated that the traffic counf `ifis erroi#piiiiis and that he had never waited for more than one or two cars in his time living there. I-1'e'stated that Dodd Road may look like a safety issue, but he questioned the actual accidents that occurred in the area and asked for the Council to consider how few accidents had actually taken place. He asked that the accident report be broken down according accidents at Diffley and Wescott versus other accidents on Dodd. He said safety tragere unnecessary because children do not use Dodd Road. Mr. Byron Hanson of 4 he had lived on his property for 30 years. He stated that the curb and gutter impnfients would create a need for retaining walls in his front yard. He stated that he the addition of a bituminous shoulder. He noted that his proposed assessment amount had increased from the first, larger project to the second, smaller project. He cautioned his neighbors about the unanticipated consequences of deferred assessments. after the proposed change. Special City Council Minutes September 26, 2000 Page 8of10 Mr. Bob Havelik of 648 Braoane Curve expred frustration regarding his attempts to receive information and ei lit re ort01 the City. He mentioned that he tried to get a copy at the Open HoirSd E fiii;trd and submitted it and also wrote a letter to which he received no response. Mr. Jack Conrad of 782 Sunset stated that he appreciated the trail system in Eagan, but stated that Dodd Roadtag,•R case_ He asked where the Environmental Assessment Works i .l`p�:.�p��. He commented on the historical significance of Dodd Road as parlitaagan tii4 asked that the City preserve that history. Councilmember Blomquist still that she was interested in the historical preservation of the road and would bring,::Cc ;he attespn of the Historical Society. Ms. Sally Burmeister of 721 Bradford Ciitl'estated that her cul -de -sac was feeling the need for this redevelopment because they do not have access to the parks and it is unsafe to walk along Dodd Road. Mr. Paul Martin of 700 C az A..prive asked why Rosemount wasn't changing the section of Dodd Road that remaitiei# ::s Awada clarified that Rosemount's portion of the road did not fall within tli'L#;;kae; she further stated that Eagan is committed to bringing all its roads to *pan stanii'ai'ds*cording to a decision made 20 years ago. Mr. Martin stated that the the to the people; he stated that they would be satisfied with an oy it J cJE�': stated that action to do otherwise by the Council would be ethically ai#:itirally reprehensible. Mrs. Sannee Klein of 4070 Dodd Road stated that she had lived at her residence for 30 years and raised three healthy children there. She stated that you cannot always have everything and that Dodd R,oa.d wasn't like every other road in Eagan and she was glad for it. Ms. Jodi Schoot stated that she habeard cap i:rns about the road directly from children who Laid sidewalks were needediAlie said gii 'as only a matter of time before a deadly accident happens on the road. Mayor Awada asked for clarification on all the issues the Council would direct staff to research. The Council directed staff to do feasibility studies on the five options proposed including the Dodd Road south of Diffley. lif a upgrade, the bituminous overlay with no expansion, Councilmember Carlson's propA$, the bituminous overlay option with safety path, bike trail, without ct}rb and gutter, grid options for historical preservation. They further as* *i C s.*ly to be noticed to the rf neighborhood one week in advance ifea 'citvri the results according to specific location. They asked for information regarding ring the speed limit, an environmental assessment worksheet (EAW), infotion about maintaining urban versus rural roads, resolution of the question of whether or not school bus service would continue along Dodd, review of the slope of the road under each new option and a report Special City Council Minutes September 26, 2000 Page 9 of 10 on police records of accidents along: 5odd. They forth :i sked that all storm water issues related to the improvement be inclti in the feasibili sports. Mayor Awada moved, Council r{Qsgilist seconded a motion to direct staff to do the feasibility studies. Councilmetiiber Blomquist specified that her second came with a strong request for extensive consideration of historical preservation as an option. Aye: 5 Nay: 0 After brief discussion, Ma} i Aw k th t aff come back to the Council with a reasonable timeline for completion ati ii next 1 ular City Council meeting. DIRECT .'EC'T. !i SIGN STUDY City Administrator Hedges gave an overview. He asked the City Council to give staff direction on any additional information they would like collected for consideration at the November 21 meeting. Councilmember Carlson a 1 pf.l, that the City look into the option of designating one corner of each intersection fot%:igsis 81,9aO of all four corners at all major intersections. Councilmember Masin asket**t th Cjty review and consider the Burnsville model. 2'$iJSINESS LARRY WENZEL Mr. Dennis Troyan addressed the Council as Mr. Wenzel's legal representative. He stated that they had reached agreement on seven of the eight items of dispute and asked that the Council clarify th,e g ith lx.m.,,.Nylich was a request for compensation of Mr. Wenzel's out -of- pocket ex #i,X.,kia §ta ti O LOQb. He asked for clarification from the Council regarding their decision and, sp &cif ca11y, item number eight. Mayor Awada stated that the Cou i 's deciA had been clear. Councilmember Bakken stated that seven of the eight iten ftad pas and that by virtue of not acting on the eighth item, it was not approved. Mayor Awadi that for the Council to reconsider the development, a motion would have to be made by a member who had voted in the majority when the matter was first considered. Director of Public Works Colbert stated th€iINDoT offered to sell lots 4 and 5 and that Mr. Wenzel had declivy: a the fifoperty. He further stated that the City of Eagan had offered to n' t 01 of the property on his behalf. Councilmember Bakken stated that the Co l should not discuss the matter further without legal counsel present. Mayor Aw :moved, Councilmember Bakken seconded, a motion to table discussion. Special City Council Minutes September 26, 2000 Page 10 of 10 Councilmember Carlson asl isti for clarification ififihe facts of the situation and if Mr. Wenzel was left with what was:,i'Qing called a "bq ,:.ie" piece of property. Director of Public Works Colbert stated that :3: dua1pr.Rp r ywas shaped like a "bow -tie" but that it would be rezoned for commerc iWUW fnember Carlson stated that Mr. Wenzel was not getting responses from the �Crty regarding his requests. Councilmember Blomquist stated that the Council should work with Mr. Wenzel instead of against him. Councilmember Carlson stated that if the matter was tabled it should be to obtain more facts on the situation. Mayor Awarlrt d4d. e.gwcil that they were being threatened with litigation. Aye: 2 LR 3t i rs Blomquist, Carlson and Masin opposed. Councilmember Carlson mayed,. to get facts regarding MNDoT ani#;<ieity d} #id. Aye: 5 Nay: 0 B. CLYDE THURSTON Councilmember Blomquist left the meeting at 9:37 p.m. City Administrator Hedge :ovgrview and relayed Mr. Thurston's interest in serving in a broad capacity with the.aiiiiii*KRnter, but not on a particular focus group. Mayor Awada asked the Couig if they want i'to reappoint his position. Councilmember Carlson suggested ol}iZtiit?g. tb: I offagan and reappointing the position at the next meeting. Ma *&aea *:gttggested reducing the number of adults to five and not reappointing the poittroi'i The City Council adjourned at 9:44.m. AwasiMconded, a motion to direct staff Mayor Awada moved, Councilmember Bakken seconded, a motion to accept Mr. Thurston's resignation and not reappoint the position. Aye: 4 Nay: 0 ANT city of eagan ADOPT AGENDA/APPROVE MINUTES C MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 13, 2000 SUBJECT: AGENDA INFORMATION FOR OCTOBER 17, 2000 CITY COUNCIL MEETING After approval is given to the October 17, 2000 City Council agenda, the minutes of the October 3, 2000 regular City Council meeting and the minutes of the October 2, 2000 and the September X. 2000 special City Council meetings, the following items are in order for consideration. Agenda Information Memo October 17, 2000 Eagan City Council Meeting A. NATIONAL RED RIBBON WEEK ACTION TO BE CONSIDERED: There is no formal action on this item; Eagan High School Students involved in Students Against Destructive Decisions (S.A.D.D.) will discuss their plans to recognize Red Ribbon Week. FACTS: Each year, Red Ribbon Week provides an opportunity to renew our commitment to a healthy and drug -free lifestyle and show our dedication to education and prevention efforts in our schools and community. The Red Ribbons we wear during this celebration are a symbol of unity against the illegal use of drugs. This public display came about in response to the tragic 1985 murder of Federal Drug Enforcement Administration Agent Enrique Camarena while he was investigating Mexican drug traffickers. At that time, angry parent groups and others began wearing red ribbons to take a public stand against the illegal use of alcohol, tobacco and other drugs and to show their support for drug -free youth. Now a national weekly celebration, Red Ribbon Week allows educators, parents, community groups, students and others to focus on the work being done to stop the spread of drugs and to draw attention to the growing millions who have pledged to live drug -free. Eagan High School Students Katie Gray and Erica Holnsten will make a short presentation to the City Council regarding the activities being coordinated in Eagan to commemorate Red Ribbon week and other events being planned throughout the year. Agenda Information Memo October 17, 2000 Eagan City Council Meeting ACTION TO BE CONSIDERED: B. CERTIFICATE OF COMMENDATION FOR PARTICIPATION IN MANUFACTURERS WEEK To accept Governor Ventura's Certificate of Commendation for participating in Minnesota Manufacturer's Week. FACTS: Based on a recommendation from the Economic Development Commission, the City Council approved a proclamation on October 3 declaring October 16 -21 Manufacturers Week in Eagan. Governor Ventura is recognizing all partners in Manufacturers Week activities with Certificates of Commendation. Agenda Information Memo October 17, 2000 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Clerical Technician III/Fire Department- ACTION TO BE CONSIDERED: To approve the hiring of Andi Galatowitsch as a Clerical Technician III in the Fire Department. Item 2. Seasonal Park Attendant- ACTION TO BE CONSIDERED: To approve the hiring of Marcia Weitzel as a seasonal park attendant. Item 3. Seasonal Skating Instructor ACTION TO BE CONSIDERED: To approve the hiring of Kristin Lilla as a seasonal skating instructor. Item 4. Seasonal Civic Arena Supervisors- ACTION TO BE CONSIDERED: To approve the hiring of Steve Dykstra and Joe Pontrelli as seasonal civic arena supervisors. Item 5. Seasonal Civic Arena Custodian- ACTION TO BE CONSIDERED: To approve the hiring of Mary Volden as a seasonal civic arena custodian. Agenda Information Memo October 17, 2000 Eagan City Council Meeting Item 6. Seasonal Skateguards/Civic Arena ACTION TO BE CONSIDERED: To approve the hiring of Jeff Wright, Lindsay Kropennicki, Lori Jorgenson, Jordan Bailey and Steve Polkowski as seasonal skateguards for the civic arena. Item 7. Seasonal Concessions Workers/Civic Arena ACTION TO BE CONSIDERED: To approve the hiring of Elisa Swenson, Dale Skogstad, Sean Cosgrove Katie Nelson and Jennifer Wright as seasonal concessions workers for the civic arena. Item 8. Deputy City Clerk- ACTION TO BE CONSIDERED: To approve the appointment of Holly Duffy as a Deputy City Clerk. Agenda Information Memo October 17, 2000 Eagan City Council Meeting B. FINAL PLAT (GOPHER EAGAN INDUSTRIAL PARK 5TH ADDITION) TWIN CITY WIRE MFI, INC. ACTION TO BE CONSIDERED: To approve a Final Plat (Gopher Eagan Industrial Park 5th Addition) to allow the adjustment of a shared side lot line between Lot 1, Block 1, Gopher Eagan Industrial Park 2nd Addition and Lot 1, Block 1, Gopher Eagan Industrial Park 4 Addition located north of Yankee Doodle Road and east of Highway 149 in the south '/2 of Section 12. FACTS: Presently, Lot 1, Block 1, Gopher Eagan Industrial Park 2 Addition measures 2.7 acres in size and is occupied by Twin City Wire. Lot 1, Block 1, Gopher Eagan Industrial Park 4` Addition to the north measures 7.4 acres in size and is occupied by North American Communications. D Access to the rear portion of the southerly lot (Twin City Wire) is currently achieved via an easement within the adjacent lot to the north (North American Communications). The proposed lot line adjustment would convey a 28 foot wide strip of land from the northerly lot to the southerly lot. In addition to the proposed lot line adjustment, the final plat would also combine the southerly lot (Lot 1, Block 1, Gopher Eagan 2 Addition) with an adjacent 1.9 square foot outlot (Outlot C, Gopher Eagan 2 Addition) located to the east which is presently landlocked. No changes in land use have been proposed. ATTACHMENTS (2): Existing conditions map, page Final Plat drawing, page g' 6 wrof!.C. cr 0 sr z I ce 1.- co a Z6 1 0 o CN1 0 ti co 7; 0 z 0 0 C r •0 y fl RI ag s n t e I it 55 r g —e gg 1 .1 Agenda Information Memo October 17, 2000, Eagan City Council FACTS: C. FINAL SUBDIVISION (ORCHARD HEIGHTS) GONYEA DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Final 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'/ of Section 12. The Council approved the preliminary subdivision on August 1, 2000. All documents are anticipated to be signed and in order for execution at the regular meeting of the City Council on October 17, 2000. ATTACHMENTS: Final Plat, page al 9 r r •ter. —f NV1a NoISIAloens lVNt! MI WWII NOI1W00Y SLHOI] 4 a Y H 3ao 's Ij 1. a (r) 0 o BAILIN In tem ON ROOMY 3. 7vtier r. 3? g g e a 163 :21 I 1 I I 1 1 J L___,4 G-...i /A 1,lMA 1 O Z i g /g 4 NI N ww olio cn 11 f ii 8e a ?iii i Nil c s— La 61 ii i °S m :.0.4:1-. .eyes, i A a o 1 ,3 1 1 t M I 1 1 s \r o\ I O 1 l O \i i 1 1 �rr�,, i \q, --1-� L. L r/ 4 R M i M 2 PO Wi WI Pelf IgigI i MiEfit Unlit r r IS 1$ S II S N I ,n l .-ST I I es I I 01 1 1 1 1 ____J L____ _I L -J el n 6 L Agenda Information Memo October 17, 2000 Eagan City Council Meeting ACTION TO BE CONSIDERED: To schedule a public hearing on Tuesday, November 21, for the purposes of reviewing and adopting proposed changes to the City of Eagan Business Subsidy Policy. FACTS: D. SCHEDULE PUBLIC HEARING FOR REVISIONS TO THE BUSINESS SUBSIDY POLICY Ile 1999 Minnesota State Legislature passed a law requiring municipalities to adopt a business subsidy policy. The City of Eagan approved the Business Subsidy Policy on January 4, 2000. The 2000 Minnesota State Legislature amended the business subsidy regulations. Prior to entering into agreement for financial assistance or incentives, the City should amend its existing policy to be certain it is in compliance with current law. A public hearing is required to approve or amend the Business Subsidy Policy. Staff will provide a copy of the existing policy with recommended revisions in the November 21 City Council agenda packet. Agenda Information Memo October 17, 2000 Eagan City Council Meeting E. ENGAGEMENT LETTER FOR AUDITING SERVICES, KERN, DEWENTER, MERE, LTD. FOR THE YEAR ENDING DECEMBER 31, 2000 ACTION TO BE CONSIDERED: To approve the engagement letter with Kern, DeWenter, Viere, Ltd. to provide auditing services for the year ending December 31, 2000. FACTS: The City exercised the RFP process for auditing services in 1995 and selected Kern, DeWenter, Viere, Ltd. as independent auditors for the three -year period covering 1995, 1996, and 1997. The City's policy covering the selection of an independent auditor requires a Request For Proposal process covering a three -year period with up to three one -year annual extensions, if approved by the City Council. The proposal being considered covers the third of the one -year extensions. The proposed fee for auditing services for the year ending 2000 is not to exceed $29,300, which is a $1,000 or 3.5% increase over the 1999 fee of $28,300. A copy of the proposed engagement letter, which is quite technical, will be made available if any member of the City Council would like to review it. /c) Agenda Information Memo October 17, 2000 F. PROJECT 775, ADVENT UNITED METHODIST CHURCH FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To approve the Final Assessment Roll for Project 775 (Advent United Methodist Church/Patrick Eagan Park — Parking Lot and Utility Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 775 provided for the extension of the sanitary sewer across the Advent United Methodist Church property and into Patrick Eagan Park, as outlined and discussed in the feasibility report, as well as the construction of a shared parking lot within the park. • This project, constructed under Contract 99-09, has been completed, all costs tabulated, and the final assessment roll prepared. • The Church has waived its right to object to the assessment, which will be levied solely against the Church property. Due to Advent United Methodist Church being the only affected property owner for Project 775, a Public Hearing is not required by State Statute. • This roll is now being presented to the Council for their approval of the final costs to be levied against Advent United Methodist Church, the sole benefited property. ATTACHMENTS: • Final Assessment Report, pages / it through /3 FINAL PROJECT/ASSESSMENT REPORT PROJECT APPROVAL DATES NUMBER - 775 ASSESSMENT - October 17, 2000 NAME - Advent United Methodist Church/Patrick Eagan IMPROVEMENT - June 1, 1999 Park Parking Lot Utility Installation/Parking Lot IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL F.R RATE RATE UNITS SANITARY SEWER ❑ Trunk O Lateral (1) ❑ Service ❑ Lat. Benefit/trunk $17,146.72 $16,460.00 D.A. STORM SEWER ❑ Trunk ❑ Lateral ❑ Lat. Benefit/trunk FINAL F.R RATE RATE UNITS WATER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC STREET ❑ Gravel Base ❑ Surfacing Res. Equiv. Multi. Equiv. ❑ C/1 Equiv. ❑ Trail/Sidewalk SERVICES O Water & San Sewer Other El Contribution $25,000.00 L.S.. N/A p Parking Lot $3,812.23 L.S.. N/A Connection CONTRACT NO. OF NO. PARCELS 99-09 1 TERM 15 Years INTEREST AMOUNT CITY RATE ASSESSED FINANCED $16,460 F.R(2). 00 F.R.(3) 7.00% $45,958.95(2) $105,919.57(3) COMMENTS: (1) Property owner signed waiver of objection to the assessment. (2) The amount assessed includes a $25,000 contribution from Advent United Methodist and their share of the parking lot connection to the Patrick Eagan Park parking lot. These two items were not included in the feasibility report. The property owner also signed a waiver of objection to these assessments. (3)Includes the City share of the sanitary sewer lateral and Patrick Eagan Parking Lot Construction which was not included in the feasibility report. /9- city of eagan MEMO TO MAYOR AND CITY COUNCIL FROM GERALD R. WOBSCHALL DATE September 11, 2000 SUBJECT Final Project Report No.775 Advent United Methodist Church/Patrick Eaga Park Utility Installation/Parking Lot Construction MEMO The City Council at the meeting on June 1, 1999 ordered Project 775. According to the feasibility report, the following improvement was to be constructed and/or assessed. The improvement was a sanitary sewer lateral. In the feasibility study, it was proposed to assess the utility improvements using a direct assignment method of assessment. Subsequent to the assessment hearing the Advent United Methodist Church requested the City to include the removal of their existing entrance, and the installation of a parking lot connection, while providing a contribution from Advent United Methodist Church to the City. Due to timing considerations, the Church withdrew their request for the City to remove the existing entrance. This assessment roll is prepared using the direct assignment method presented at the public hearing. Construction of the improvements was accomplished under Contract No. 99-09, which also included parking lot and storm sewer improvements for Patrick Eagan Park, and is complete. The assessment adoption is scheduled for October 17, 2000. The following information was used in the preparation of the assessment roll. I. PROJECT COST The construction cost includes the amount of $121,037.73 paid to the contractor for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling in the amount of $30,838.79 were incurred resulting in an improvement and project cost of $151,876.52. The detail of these other costs is provided on Schedule I and they are allocated to the improvements constructed in order to determine the cost of each improvement. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Sanitary Sewer Lateral $17,727.20 $4,516.65 $22,243.85 $16,460. Parking Lot 77,212.53 19,672.72 96,885.25 Storm Sewer Lateral 26,098.00 6,649.42 32,747.42 TOTAL $121,037.73 $30,838.79 $151,876.52 $16,460 /•5 11. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report because the property was previously charged for Sanitary Sewer Trunk, therefore, none are proposed in this assessment roll. B. UTILITY LATERAL AND STREET IMPROVEMENTS 1. Sanitary Sewer Lateral The sanitary sewer lateral improvement installed to serve Advent United Methodist Church and abutting properties consists of 596 lin. ft. of 8 inch diameter sanitary sewer line, manhole structures and appurtenances. The construction cost was $17,727.20. Other costs totaling $4,516.65 were added resulting in an improvement cost of $22,243.85. According to the feasibility report, this improvement was proposed for assessment using a direct assignment method. The assessment was calculated in the following manner: Item Quantity Unit Price Cost Connect to Ex manhole 1 ea. $1,100.00 Ea. $1,100.00 8" PVC SDR 36 467 L.F. 18.70 L.F. 8,732.90 Sanitary sewer manhole 1 ea. 1,650.00 ea. 1,650.00 Clearing 4 trees 200.00 per tree 800.00 Grubbing 4 trees 200.00 per tree 800.00 Change order -reconnect service 1 ea 582.00 ea. 582.00 Total Construction S13,664.90 Other Costs at 25.48% 3,481.82 Assessable Cost $17,146.72 The non -assessed portion of the construction cost will be financed by the City's Park Acquisition and Development Fund. The lateral was extended onto the City's park property. 2. Parking Lot The parking lot which will serve Advent United Methodist Church and Patrick Eagan Park was constructed at a cost of $77,212.53. Other costs totaling $19,672.72 were allocated resulting in an improvement cost that totals $96,885.25. The City's Park Acquisition and Development Fund will provide the majority of financing for this improvement. The balance of the financing will be provided by special assessment to Advent United Methodist for the parking lot connection and driveway removal. The special assessment portion was computed using the following: a. Parking Lot Connection The City's Engineering Department using direct assignment computed the cost of the parking lot connection at $3,038.15. Other costs in the amount of $774.08 are allocated which results in an improvement and assessable cost of $3,812.23. This cost will be assessed to the Advent United Methodist Church. b. Driveway Removal The driveway removal was performed by the Church's contractor, therefore, no improvement will be assessed to the Church. /6 2. Storm Sewer Lateral The storm sewer lateral improvement consisted of 520 lin. Ft. of 12, 15 and 18 inch RCP pipe and appurtenances. The construction cost of the storm sewer was $26,098.00. Other costs totaling $6,649.42 were allocated resulting in an improvement cost of $32,747.42. This improvement will be financed by the City's Park Acquisition and Development Fund. 4. Contribution The Church authorized a $25,000 contribution to the City. The contribution will be collected by a like assessment to the Church property. This assessment will be credited to the City's Park Site acquisition and Development Fund. C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS The assessments for this project have a term of 15 years with interest charged at an annual interest rate of 7.00 % on the unpaid balance. III. CITY REVENUE/(RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY'S IMPROVEMENT COST REVENUE (RESPONSIBILITY) Sanitary Sewer Lateral $22,243.85 $17,146.72 ($5,097.13) Parking Lot 96,885.25 3,812.23 (93,073.02) Storm Sewer Lateral 32,747.42 (32,747.42) Contribution 25,000.00 25,000.00 TOTAL $151,876.52 $45,958.95 $105,917.57 The following funds will provide financing for the listed improvements. Fund Amount Park Acquisition and Development Fund $130,917.57 Total $130,917.57 Gerald R. Wobschall Reviewed Reviewed Public Works Department Finance Department Dated Dated cc: Thomas A. Colbert, Director of Public Works Mike Daugherty, City Attorney Ken Vraa, Director of Parks and Recreation Sue Sheridan, Accountant I GRW/JS / ? Agenda Information Memo October 17, 2000 Eagan City Council Meeting G. CONTRACT 00-09A, WELL HOUSE RE -ROOFING (#1,2,3,4 & 6) ACTION TO BE CONSIDERED: Approve Change Order #1 to Contract 00-09A (Well House Re -roofing #1,2,3,4 & 6) and authorize the Mayor and Deputy Clerk to execute all related documents. FACTS: • Contract 00-09A provides for the re -roofing of Well Houses # 1,2,3,4 & 6 as part of the ongoing capital maintenance program of the City's Utility Infrastructure. This project included the removal and replacement of the parapet flashing cap in addition to the roof membrane. When the old fascia was removed, it was discovered that the end caps of the pre -cast concrete roof planks were not adequately sealed. This Change Order provides for the placement of a plywood cap around the exposed ends of all 5 well houses to accommodate the new flashing cap. • The price of this Change Order ($2,000) has been reviewed by the Consultant (Roof Spec, Inc.) and found to be in line with other similar work on other contracts. It results in an increase of 4.8% to the overall contract amount ($41,900). It is being presented to the Council for favorable consideration. / 9 Agenda Information Memo October 17, 2000 Eagan City Council Meeting H. APPROVE TELECOMMUNICATIONS LEASE AGREEMENT ACTION TO BE CONSIDERED: Approve the telecommunication lease agreement with Metricom, Inc. for an antenna installation on the Deerwood Reservoir and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City has received an application from Metricom for the installation of wireless communications system antennas and ground support equipment to serve as data translation stations for wireless equipment installations approved under the Wireless Facilities Use Agreement at the 09-05-00 City Council meeting. • This application has been reviewed by the City's radio communication consultant, City Attorney's office and Public Works Department personnel and found to be consistent with other past lease agreements and in order for favorable Council consideration. 02 0 Agenda Information Memo October 17, 2000 L PROJECT 750R, TH 55 & BLUE WATER ROAD ACCESS MODIFICATIONS & STREET IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the revised draft feasibility report for Project 750R (TH 55 /Blue Water Road — Access Modifications and Street Improvements) and schedule a public hearing to be held on November 21, 2000. FACTS: • On September 14, 1998, the City Council directed staff to prepare a feasibility report considering the installation of a new traffic control signal at the intersection of TH 55 and Blue Water Road, along with the modification of various accesses and the construction of a frontage road on the south side of TH 55 in response to an Access Management Study for State Highway 55 jointly performed by MnDOT and the City of Eagan (Project 739). • On October 20, 1998, the City Council approved a resolution authorizing staff to submit an application for MnDOT funding participation for Project 750 through the Local Initiative Agreements Program. Funding has been approved in the amount of $410,400 for the 2001 fiscal year (July 1, 2000, to June 30, 2001) for the signalization and access modifications. The cost for the frontage road would be the full responsibility of the City. • On March 6, 2000, a Public Hearing for Project 750 was held to formally present and discuss the report with the public. The City Council continued the hearing until May 16 to allow staff time to obtain preliminary appraisals. On May 16, the project was cancelled due to the lack of appraisal information and a specific date for another continuance. • On August 15, after receiving the appraisal information, the City Council scheduled a new Public Hearing for September 19. During a meeting with the affected property owners on August 17, objections were repeated to staff regarding the extent of the proposed frontage road and related assessments. Subsequently, a meeting was held with MnDOT and City representatives on August 29, in which it was determined that a major portion of the proposed frontage road was not necessary for service nor eligible for MnDOT funding. • On September 5, the City Council canceled Project 750 and the Public Hearing scheduled for September 19 and authorized the preparation of a revised feasibility report for Project 750R. • A revised draft feasibility report has been completed consisting of new frontage road sections and associated access modifications for Highway 55 and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be scheduled to review the revised feasibility report details with the property owners in the adjacent area prior to the Public Hearing. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. ai Agenda Information Memo October 17, 2000 J. CONTRACT 99-07, SAFARI RESERVOIR REFURBISH & REPAINT ACTION TO BE CONSIDERED: Approve the final payment for Contract 99-07 (Safari Reservoir — Refurbish and Repaint) in the amount of $20,980.00 to TMI Coatings, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 99-07 provided for the refurbishing and repainting of the Safari Reservoir. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. a1 Agenda Information Memo October 17, 2000 K. CONTRACT 00-10, WESCOTT ROAD ET AL SURFACE TREATMENT & RE -STRIPING ACTION TO BE CONSIDERED: To approve the final payment for Contract 00-10 (Wescott Road et al — Surface Treatment and Striping) in the amount of $35,103.77 to Road Surfacing Technologies, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 00-10 provided for the bituminous street surface treatment and re -striping of Wescott Road, Terminal Drive, Yankee Drive, the streets within South Hills 1st Addition and Lexington Pointe Additions, and four City park parking lots (Bridle Ridge, Goat Hill, Quarry, and Sky Hill). • The surface treatment was completed as an alternative to the typical sealcoating that was completed this past summer on Blackhawk Road, Deerwood Drive, Denmark Drive and some residential neighborhoods. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo October 17, 2000 L. PROJECT 98-V, FAITHFUL SHEPHERD SCHOOL ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 98-V (Faithful Shepherd School — Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Faithful Shepherd Catholic School was constructed northwest of the intersection of Wescott Woodlands and Yankee Doodle Road. This development required the grading of the site, sanitary sewer, water main, storm sewer, and street construction (Columbia Drive), to serve the new school, which was all 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 provisions. Agenda Information Memo October 17, 2000 M. PROJECT 99-D, KWIK TRIP EAGAN ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 99-D (Kwik Trip Eagan Addition — Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: Kwik Trip Eagan Addition was constructed south of the southerly intersection of Trunk Highways 55 and 149. This development required the installation of sanitary sewer, water main, and storm sewer, as well as grading and new street construction, Advantage Lane, which was all performed privately by the developer under the terms and conditions of the clopment contract agreement. 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 provisions. as Agenda Information Memo October 17, 2000 N. PROJECT 99-E, OAKVIEW CENTER ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 99-E (Oakview Center — Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Oakview Center was constructed directly north of the southerly intersection of Trunk Highways 55 and 149. This development required the grading of the site, sanitary sewer, water main, storm sewer, signal revisions and new street construction of Courthouse Lane and Holiday Lane, to serve this commercial site. This construction work was all 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 provisions. a6 Agenda Information Memo October 17, 2000 O. CONTRACT 00-07, TRUNK HIGHWAY 13 DIVIDED FOUR -LANE UPGRADE ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 00-07 (TH 13/Blackhawk Road — Divided Four -Lane Upgrade) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • Contract 00-07 provides for the upgrade of State Trunk Highway 13 to a four -lane divided highway between Silver Bell Road and Yankee Doodle Road and includes the installation of a new traffic control signal at the intersection of TH 13 and Blackhawk Road. • The revisions detailed in the change order address the removal of substandard in-place earth material within the construction limits and the replacement with proper granular fill material. • The disposal of excess material off-site and the import of granular borrow were not included in the initial bid proposal, as they were not expected to be needed. • It was anticipated that sufficient granular material would be available from the excavation of the pond on the Blue Cross Blue Shield property near Blackhawk Rd. and Hwy 13. However, during excavation, it was discovered that there were more poor soils than originally anticipated. The poor soil conditions were not indicated by the soil borings taken on site before the plans were designed. • The cost of the work is consistent with bid prices for relevant bid items on other projects within the city. • This change order has been reviewed by the Engineering Division and MnDOT and found to be in order for favorable Council action. • The change order provides for an additional cost of $218,280.00 (6.44% of original contract). The associated cost will be the responsibility of MnDOT(50%) and the City's Major Street Fund(50%). ATTACHMENTS: • Change Order No. 1, pages 028 through 07? MN/DOT TP -02134-03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL AGREEMENT NO. 1 Supp. to Contract No. Sheet 1 of 2 C "'ra"°r' Palda and Sons, Inc. Mn. Proj. No.: HPP MH27(100) State Project No: 1901-137 Address: 1462 Dayton Ave. St. Paul, MN 55104 Loc°" u: From Si ver Bell Rd. to 490 m N. of Yankee Doodle Road in Eagan in Dako a County Pro.No. F.Y. Account I.D. Dept/Div Sequence No. Suffix 01 Object Vendor Type V Amount Purchase Term 000NET Asset No. C.CD.I C.CD.2 C.CD.3 C.CD.4 C.CD.S Type of A401 1 A41 1 Transaction: A44 1 1 A451 1 A461 1 Dated Number Entered by 1 Dated Number Entered by This contract is amended as follows: WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: The Contract provides for, among other things, excavation of a pond right of T.H. 13 between approximate metric Station 31+885 and Station 32+130, and The grading of T.H. 13 is to be constructed, in part, of the suitable grading granular soils material obtained from the excavation of the pond Item 2105.607 Excavation Special 1, and The Engineer has determined that not all the soils material encountered within the excavation limits of the pond is suitable grading granular soils necessary for the grading of T.H. 13, and The Engineer has determined that granular borrow material must be furnished and placed as necessary in order to satisfactorily complete the Project, and The Engineer has determined that the excess Excavation Special 1 soils material encountered within the excavation limits of the pond and not utilized elsewhere within the Project Limits will be disposed off the Project outside of the Right of Way as necessary in order to satisfactorily complete the Project, and WHEREAS: The Engineer has determined that the furnishing and placing of the granular borrow and the disposing of the excess Excavation Special 1 soils material excavated from the pond constitutes extra work as provided in Mn/DOT Specification 1403. 1. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: The Contractor shall furnish, place, compact and finish Mn/DOT Specification item 2105.521 Granular Borrow (loose volume) per cubic meter. The granular borrow material is to be obtained from the Contractor identified Aggregate Industries -Lakeville source located at 160th St. and Pilot Knob Road. 2. The Contractor shall dispose off the Right of Way the excess Excavation Special 1 soils material encountered within the excavation limits of the pond located right of T.H. 13 between approximate metric Station 31+885 and Station 32+130 that was designated in the Plan to be utilized within the Project Limits, and not utilized elsewhere within the Project Limits, in accordance with Mn/DOT Specification 2105 (loose volume) per cubic meter. The disposal site is the Contractor identified Pigs Eye - St. Paul location. MN/DOT TP -02134-03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. to Contract No. SUPPLEMENTAL AGREEMENT NO. 1 Sheet 2 of 2 3. The work of this Agreement will be in accordance with Mn/DOT Specification 2105, the Special Provisions, the Mn/DOT Standard Specifications, the Plan and as directed by the Engineer. 4. Payment to the Contractor for all work described within Item 1 of this Agreement for Mn/DOT Specification 2105.521 Granular Borrow (LV) per cubic meter will be at the Negotiated Unit Price as identified below in the Estimate of Costs. 5. Payment to the Contractor for all work described within Item 2 of this Agreement for Mn/DOT Specification 2105 Disposal of Excess Special Excavation 1 (LV) will be at the Negotiated Unit Price as identified below in the Estimate of Costs. This payment is in addition to the Existing Contract Unit Price for Item 2105.607 Excavation Special 1. 6. The Contract time will not be revised except as provided under the Contract Provisions of Mn/DOT Specification 1806. 7. The Contractor shall not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this Agreement. Increase Items - Negotiated Unit Price Item No. Description ESTIMATE OF COSTS Unit Granular Borrow (LV) m3 Disposal of Excess Special m3 Excavation 1 (LV) Distribution: S.P. 195-010-04 S.P. 1901-137 The City of Eagan recommends for approval: By: Title: Unit Quantity Price 12,000.00 12,000.00 $9.03 $9.16 Amount $108,360.00 $109,920.00 Total Increase $218,280.00 Date: APPROVED: Commissioner of Administration By APPROVED: Commissioner of Finance By Original Contract Date /O 0da Bskp, , Project Engineer/ / Approved as to form and execution Dated Adrer 7 cto Dated Dated Dated District Engineer Dated Assistant Attorney General 2 Agency Head Agenda Information Memo October 17, 2000 P. APPROVE RESOLUTION APPROVING APPLICATION FOR LAWFUL GAMBLING PERMIT FOR THE GYPSY BOOSTER CLUB TO HOLD RAFFLES ON NOVEMBER 18 AND 19 AT GLEASON'S GYMNASTICS SCHOOL ACTION TO BE CONSIDERED: To approve the resolution supporting the Gypsy Booster Club application for a lawful gambling permit to hold raffles on November 18 and 19 at Gleason's Gymnastics School. FACTS: • The Gypsy Booster Club has filed the necessary paperwork and paid the required fees to apply for a lawful gambling permit. • The Gypsy Booster Club held a similar raffle last year. ATTACHMENTS: • A copy of the resolution is attached on page 3/ and the application is attached without page number. 30 RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING REQUIREMENT GYPSY BOOSTER CLUB WHEREAS, the Gypsy Booster Club has applied for an exemption from the lawful gambling requirement; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota hereby approves the exemption from the lawful gambling requirement for the Gypsy Booster Club to conduct a raffles on November 18 and 19, 2000 at Gleason's Gymnastics School located at 2015 Silver Bell Road. Motion by: Seconded by: Those in Favor: Those Against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Deputy Clerk CERTIFICATION I, Holly N. Duffy, Deputy Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 17th day of October, 2000. Holly N. Duffy, Deputy Clerk 3/ Agenda Information Memo October 17, 2000 O. APPROVE REGISTRATION OF CITY OF EAGAN WEBPAGE ACTION TO BE CONSIDERED: To authorize the City Attorney to proceed with the coordination of registering the City's webpage. FACTS: • Questions have arisen about the copyright on the City of Eagan's webpage as a result of the use of borders and unauthorized links to the page. • City Attorney Dougherty has consulted with a Minneapolis law firm specializing in intellectual property law and has recommended that the City take the necessary steps in registering the page to prevent unauthorized use. • In keeping with established practice, staff will not proceed with this item without explicit Council authorization ATTACHMENTS: • A memo from City Attorney Dougherty is attached on page 33 . 3.; SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: October 11, 2000 RE: Registration of web -site Recently, the City became aware of the utilization of a link to its web page without City approval. In discussions with the City Staff, it was determined that the City has taken the necessary preliminary steps to copyright its web page information and continues to exercise ownership control of the information and format. In order to further protect the City's investment, we strongly recommend that the web page material be registered. Registration is required of copyright material as a prerequisite to restraining its unauthorized use. While we sincerely hope that the City's ownership will not be compromised by any unauthorized use, the registration will assist any efforts needed to protect the City's ownership. Due to the nature of the issues involved in registration, we have contacted a Minneapolis law firm, who's primary practice is in the area of intellectual property, to assist our office in the registration. If the Council is interested in pursuing the registration, we ask that they authorize the City Attorney's office to coordinate and undertake the registration of the City's web page. MGD/jlt 33 Agenda Information Memo October 17, 2000, Eagan City Council R. FINAL PLAT (YOUNG'S ADDITION) — CARLSON & HARRINGTON, INC. ACTION TO BE CONSIDERED: • To approve a Final Plat (Young's Addition) consisting of one lot on 1.1 acres located between Hwy. 13 and Old Sibley Memorial Hwy. in the SW 1/4 of Section 19. FACTS: • The platting of this property was required as a condition of the Conditional Use Permit to construct a communications antenna monopole on this property which was approved by the Council June 20, 2000. ATTACHMENTS: Final Plat, page,5 3y ;t i =sof +. tij{ ttjtjt3"tit i�� tr ffi=�+(t{irji;;£ �t ff;tJt !!,; I#ki i+ I�: iii( �i'iftif� 3f : f� is};}iii#ijjatt l i 11 +.+ ii it a; J ; F!in �f-!i*i� tIlI ;}#i i`3Y{`+!3�' li"-t {''i`S 31 =1. .;:1iat mi :flip; �t 1;:i! .1111 #;;{ipil ifj q ij pr rt i� Ot t# . ! (�, `{9:jjt' =rj1 0 4 f `1#tit`t i;f{:jf if �4 `ii`it1"; lti`t{;a't lit ifi ;11 i; =x 1=t•S�f'R=Ystt JiijrS{titi{f!tIit j I(,1 t, a�;;;Iljfsj;t#iyfr;s;r t (Ft1 li { irt•`{:1sQ0.41 1 i! ;iNi,:firt-rij �t st .:it t f; Y�{ N N N 35 Agenda Information Memo October 17, 2000 PUBLIC HEARINGS A. ROBERT O'NEILL HOMESTEAD (LOT 5) RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: To approve the vacation of public right-of-way on Lot 5, The Robert O'Neill Homestead (Parcel 10-53320-053-00) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • On September 7, 2000, City staff received a letter from Jack Hoeschler, attorney for Dart Transit Company/Atlas Investment Company, requesting the vacation of the existing public right-of-way for Mendota Road on Lot 5, The Robert O'Neill Homestead, southwest of the northerly intersection of State Highways 55 and 149. • On September 19 the City Council received the petition for this vacation, and set a public hearing for October 17 to consider vacating said right-of-way. • The right-of-way was originally dedicated as Mendota Road in 1904 as part of The Robert O'Neill Homestead. Mendota Road does not exist as a public roadway in this location. • The purpose of the request is to allow Atlas Investment Company to replat Lots 5 and 6 as the Atlas Addition for development of the site. The vacation of this right-of-way would clean up the proposed plat by avoiding an underlying recorded dedication. • The request would vacate the portion of the existing right-of-way on Lot 5, as it has been previously vacated on the adjacent property. The right-of-way is not necessary for public road or easement purposes. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Legal Description, graphic, page3 9. • Location Map, page 3c'. 36 DESCRIPTION OF PROPOSED VACATED MENDOTA ROAD That port of Mendoto Rood as dedicated in THE ROBERT O'NEILL HOMESTEAD, DAKOTA COUNTY, MINNESOTA, occording to the recorded plot thereof, lying between the northwesterly and southeosterly lines of Lot 5 of sold THE ROBERT O'NEILL HOMESTEAD, DAKOTA COUNTY, MINNESOTA. r/ / r- / r7L_ CO h OF•p'-)—, C'O(GLO .?�O" , 0 /1 In lJ / VL_/L.L. r-L/T /%vL.L_/1 / VACA 77 N SKETCH FOR DART TRANS/T COMPANY / //lA /r-^rr-A r1 r7U/V/L_.: / o�' OBa -Cc \c5c :P .� . v "oma`,) /1 / /n /r%/ vl/V/V/ // A //n /A /r-^/1 rA //-1 tf i �. .tJ '/ ` i` (i♦ % We was thot the laws C) b�\ -O 4 •-%, i� o i hereby certify thot this sketch, plan or reporC > ' ' ". prepared by me or under my instruction and • 1 am o duly Registered Land Surveyor under of the State of Minnesota. Doted this 14th day of September, 2000. SUNDE LAND SURVEYING, LLC. By. ie hn K. Barnes, R.L.S. /19_ /82-0 T. 27, R., 5.2 J84/66 TLS 99/82004.OWC Minn. Reg. No. 16456 -56 YANKEE DOODLE ROAD 1 1y COMA= on. • I 7 4.1 A WESCOTT RD. WESCOTT ROAD, Q 8 DASSESSMENTS/EXHIBITS/742ASS_SUMMARY.dwg 42ic:" City of Eagan 1 DIFFLEY ROAD MENDOTA WAGON ROAD PROPOSED, VACATION 30, 9-15-2000 Agenda Information Memo October 17, 2000 Eagan City Council Meeting IX. OLD BUSINESS A. CONDITIONAL USE PERMIT CLARIFICATION MEGA EXCAVATING ACTION TO BE CONSIDERED: To Clarify the Conditions of Approval for a Conditional Use Permit allowing the outside storage of various construction, landscape and refuse (hauling) related equipment on property located at 4841 Biscayne Avenue, legally described as Lot 4, Block 1 Halley's Addition in the SE 1/4 of Section 36. FACTS: ➢ This item was continued from the September 19, 2000 City Council meeting. D At their regular meeting on May 2, 2000, the City Council approved a conditional use permit to allow the outside storage of equipment upon the subject property (Lot 4) subject to the fulfillment of various conditions. Such conditions are expected to be satisfied by the 17 October City Council meeting. D Since the September 19, 2000 City Council meeting, staff met with the applicant (at his request) to discuss the outdoor storage rights of both the subject property and adjacent Lot 5 to the north. The applicant contends that the 1989 CUP applied to Lot 5 does not regulate the type of materials stored on the property as the conditions of approval do not specifically state that outdoor storage shall be limited to "pallets and trailers" (the interpretation of staff). ➢ The CUP applied to Lot 5 was approved by the City Council on December 5, 1989 subject to the following conditions: 1. All outside storage areas in non -paved areas shall be sodded or seeded to control dust and runoff. 2. Outside storage of pallets and trailers shall not exceed ten (10) feet in height. 3. The applicant shall plant and maintain a triple row of staggered growth of evergreens along the north property line by May 31, 1990. 39 ➢ Recent inspections have revealed that numerous materials, other than pallets and trailers, are being stored on Lot 5. Specific materials being stored include, but were not limited to, construction equipment, garbage trucks and supplies, and landscape trucks and supplies. ISSUES: > The applicant has requested clarification on the outdoor storage requirements applied to Lot 5 as part of the 1989 conditional use permit. ATTACHMENTS (4) Area Map, page W 1989 staff report, pages yl through 4 S 1989 APC meeting minutes, pages Yi throu h y % 1989 City Council meeting minutes, pages q g through 41 / CtLr VJ t �6 ` VGTrl��D;t'4�'%416'vitt Otl'i'ttst a coeee��ee� ��eeedesa► gipa a , g. � ' irADIlltr?O O.�• _.n��,©000:; Q O �ts,o ilLt ,oibt-l0 oell" aoo:. D 6 �P .�i��lr. 0 4eD�. OO d � 0 `� of) Location Map Eagan Boundary Street Centerline Parcel Area gig Building Footprint Sub ect Site 1000 0 1000 2000 Feet Development/Developer: Mega Excavating Application: Conditional Use Permit Case No.: 36 -CU -02-02-00 City of Eagan C.mrwrupy Dovolgmten Department Map Pnpand using EBI ArcView 3.1. Parcel base map dna provided by Dakota County Land sunny Department and M current as of January 2000. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County de pot guarooto* the accuracy of this Information and are net responsible for errors or emissions. N'E SUBJECT: CONDITIONAL USE PERMIT FOR A&R PALLET -CRATING APPLICANT: ARTHUR T. MULVIHILL LOCATION: 4841 BISCAYNE AVENUE LOTS 4 & 5, BLOCK 1, HALLEY'S 1ST ADDITION EXISTING ZONING: LI (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: NOVEMBER 28, 1989 DATE OF REPORT: OCTOBER 31, 1989 REPORTED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application for a conditional use permit has been submitted to allow outside storage at the A&R Pallet -Crating (formerly Bloomington Cartage) operation located at the northwest end of Biscayne Avenue. Mr. Mulvihill had been granted a conditional use permit for this location in July of 1979. This permit allowed a truck terminal on Lot 4 of Block 1. The terminal was needed for the Bloomington Cartage business that is no longer operating at this site. The current operation at this site is the manufacturing of wooden pallets. COMMENTS: The applicant is seeking a conditional use permit to allow for outside storage of wooden pallets as well as storage of several trailers that will hold and protect pallets from the elements. Outdoor storage is allowed by conditional use in the I-1 Limited Industrial District. The applicant's property is surrounded by property zoned limited industrial on the south, east, and west. The north property line abuts land zoned agricultural. The City Code requires screening along any property line of industrial property that abuts agricultural or residential land. The code states screening shall consist of a fence or compact evergreen hedge not less than six (6) feet in height. However, due to the lay of the land, the property to the north is completely screened from this site. If approved, this Conditional Use Permit shall be subject to the following conditions: 1. All outside storage areas and non -paved areas shall be sodded or seeded to control dust and run-off. 2. Outside storage of pallets and materials shall not exceed ten (10) feet in height. FINANCIAL OBLIGATION - LOTS 4 AND 5, GALLEY'S 1ST ADDITION: Based on the study of financial obligations collected in the past and the proposed uses for the property, no financial obligation is proposed for consideration. L713 S.E. 1/4 SEC.36,T271R AlAmer ""TireAlLar-6 1 15t4St!—�� • 2 rait ' v. EAGAN ADVISORY PLANNING COMMISSION MINUTES November 28, 1989 Page 2 2. Any necessary permits are approved by the City Police Department. All voted in favor. A & R PALLET CRATING - CONDITIONAL USE PERMIT. Chairman Pawlenty convened the public hearing regarding a conditional use permit to allow outside storage in a Light Industrial district located on Lots 4 and 5, Block 1, Halley's 1st Addition located east of Highway 3 in the Southeast Quarter of Section 36. City Planner Jim Sturm summarized the application for the Commission. Art Mulvihill informed the Commission he had no objections to planting the requested trees. He gave a history of the property. He reported that the company was currently piling the pallets 14 feet high. He explained the manufacturing process. Commissionmember Graves questioned the stacking height limitation. He felt the whole area should be reviewed. He asked why the applicant was requesting a permit when the pallets were presently located on the property. Commissionmember Merkley asked if further trailers would be provided. Mr. Mulvihill replied he was unsure. Commissionmember Merkley stated the number of trailers should be limited. Chairman Pawlenty questioned the meaning of the word "materials" in proposed condition number 2. Mr. Mulvihill explained that "materials" referred to lumber. He reported that he did not want the number of trailers limited and pointed out that he currently owns 18 trailers. Commissionmember Merkley had concerns regarding the leasing of trailers. Commissionmember Graves commented that he would rather have trailers than pallets. Commissionmember Voracek reported that the property has a permit to run a truck terminal and that trailers are allowed to be parked on the property. Commissionmember Trygg questioned the 10 foot limitation in proposed condition number 2. City Planner Jim Sturm explained that the 10 foot limitation would reduce the impact to other properties. Commissionmember Gorman had concerns that the stacking of pallets could be a possible fire hazard. Mr. Mulvihill felt it was not a concern. Commissionmember Merkley stated that the terminal permit was not needed and asked if it could be revoked as a condition. City Attorney Mike Dougherty explained that the permit could be voluntarily revoked I{6 EAGAN ADVISORY PLANNING COMMISSION MINUTES November 28, 1989 Page 3 as a condition. Chairman Pawlenty had questions regarding interim use. City Attorney Mike Dougherty explained the required procedure. Graves moved, Voracek seconded, the motion to close the public hearing and approve a conditional use permit to allow outside storage in a Light Industrial district located on Lots 4 and 5, Block 1, Halley's 1st Addition located east of Highway 3 in the Southeast Quarter of Section 26, as requested by A & R Pallet -Crating, subject to the following conditions: 1. All outside storage areas and non -paved areas shall be sodded or seeded to control dust and run-off. 2. Outside storage of pallets and materials shall not exceed ten (10) feet in height. 3. The applicant shall plant and maintain a triple row of staggered growth of evergreens along the north property line by May 31, 1990. All voted in favor. RAHNCLIFF 2ND ADDITION - CONDITIONAL USE PERMIT Chairman Pawlenty convened the next public hearing regarding a conditional use permit to allow a drive-thru facility on Lot 3, Block 3, Rahncliff 2nd Addition located south of Cliff Road and west of Highway 35E in the Northwest Quarter of Section 32. City Planner Jim Sturm explained the application to the Commission. Mark Smith (Rahncliff) reported that they would make the traffic flow one way. He pointed out that all requirements had been met and that the employee parking was in the rear of the building. Commissionmember Graves had questions regarding the traffic flow. Mr. Smith stated that the flow would be the same. Commissionmember Graves felt that the City would be inviting a difficult situation. Commissionmember Hoeft asked if a menu would be displayed outside. Mr. Smith showed the proposed location of the menu. Commissionmember Hoeft remarked that the stacking of cars was also a concern. Commissionmember Voracek also had questions regarding the car stacking. He felt that a one-way would also cause traffic flow problems and parking problems. Commissionmember Gorman asked if the stacking would block the parking. Mr. Smith replied that the parking would not be blocked and explained the distances. He reported that the Dairy Queen building could be moved down approximately 20 feet. Mr. Smith requested a continuance to re-examine the matter. There was further discussion regarding the traffic flow. '17 Page 11/EAGAN CITY COUNCIL MINUTES December 5, 1989 Mayor Ellison declared that the City should not give monopolies and should encourage free enterprise. He stated that the population growth would provide more licenses and felt that looser restrictions were better. He stated the applicant was qualified and that the Council should act on the application. Councilmember Wachter explained that he was not saying the applicant was not qualified but felt that the new Council should plot a course. Councilmember Gustafson felt the matter should not be delayed. Gustafson moved, Ellison seconded, the motion to approve an off -sale liquor license application for Cheers Wine & Spirits to be located at the Rahncliff Crossings. Gustafson and Ellison voted in favor; Wachter, Egan and McCrea voted against. Councilmember Egan pointed out that his vote in no way reflected the merits of the application. Egan moved, McCrea seconded, the motion to continue indefinitely the off -sale liquor license application for Cheers Wine & Spirits to allow further review of the dollars, geographic limits, households and procedure for handling overlapping of geographic applications. Wachter, Egan and McCrea voted in favor; Ellison and Gustafson voted against. XAVIER'S RESTAURANT/ON-SALE LIQUOR/CONDITIONAL USE PERMIT City Administrator Tom Hedges recommended continuing the matter to the same meeting the off -sale liquor applications are received. Carmen Connessa (applicant) informed the Council she was only notified on Thursday of the meeting and that she had applied over two months ago. City Administrator Tom Hedges pointed out that additional information was needed. Councilmember McCrea felt that the matter should also be laid over to the January City Council meeting for further Council review. City Attorney Jim Sheldon reported that the police department was very reliable and that a license was needed before a conditional use permit could be considered. Egan moved, Wachter seconded, the motion to continue indefinitely the conditional use permit to allow on -sale liquor at Xavier's Restaurant. Wachter, Ellison, Egan and McCrea voted in favor; Gustafson voted against. A & R PALLET-CRATING/CONDITIONAL USE PERMIT City Administrator Tom Hedges introduced the matter. Community Development Director Dale Runkle presented the application summary. Art Mulvihill (applicant) recapped the application. He informed the Council he had no problem with the proposed staff conditions. Gustafson moved, Egan seconded, the motion to approve a conditional use permit to allow outside storage in a Light Industrial district located on Lots 4 and 5, Block.1, Halley's First Addition Page 12/EAGAN CITY COUNCIL MINUTES December 5, 1989 !? , t r-;• located east of Highway 3 in the southeast quarter of Section 26, as requested by A & R Pallet -Crating, subject to the following conditions: 1. All outside storage areas in non -paved areas shall be sodded or seeded to control dust and run-off. 2. Outside storage of pallets and materials shall not exceed ten (10) feet in height. 3. The applicant shall plant and maintain a triple row of staggered growth of evergreens along the north property line by May 31, 1990. All voted in favor. RAHNCLIFF CROSSINGS/PLANNED DEVELOPMENT AMENDMENT City Administrator Tom Hedges introduced the matter and stated that the Advisory Planning Commission recommended approval. Community Development Director Dale Runkle presented the application summary to the Council. Mark Smith (Rahncliff) explained the reason for the mix-up and stated the accident was on his part. Councilmember Egan asked why it was so close. Community Development Director Dale Runkle explained that it had been missed by staff review. Councilmember Egan felt it was a good compromise. Mayor Ellison questioned why the sign would not be installed east of the building. Mark Smith explained it would not be feasible because of the setback requirements. Mayor Ellison pointed out that the Council could grant a variance for the setback. Mark Smith explained that Burger King wanted its sign located close to the entrance. Councilmember Gustafson commented he could understand Burger King's concern and felt that the Council should approve the amendment as presented. Councilmember Egan concurred with Councilmember Gustafson and stated that he felt that moving the sign further east would create other problems. Councilmember McCrea asked if the other signs complied with City Code. Community Development Director Dale Runkle reported that the other signs would comply. Community Development Director Dale Runkle recapped the back of the building signs. Mark Smith stated he was agreeing to all one color, individually lit letters and a one sign band on the rear of the building. �9 Agenda Information Memo October 17, 2000 Eagan City Council Meeting B. CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL — CRANE CREEK ADDITION ACTION TO BE CONSIDERED: ➢ To confirm the Findings of Fact, Conclusions & Resolution of Denial of the Final Planned Development and Preliminary Subdivision request of Wensmann Realty to allow the construction of 64 townhomes (within 17 buildings) upon a 13.7 acre site located south of Trunk Highway 55 and east of Rita Court (within the northeast '/4 of Section 12). FACTS: ➢ At its regular meeting on September 5, 2000, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Final Planned Development and Preliminary Subdivision request of Wensmann Realty to be considered at the September 19, 2000 regular Council meeting. ➢ At the applicants request, this item was continued from the September 19, 2000 meeting to allow the applicant's additional time to address traffic related concerns cited by City Officials and neighboring residents. ISSUES: ➢ In an attempt the address traffic related concerns associated with the development proposal, the applicants have acquired an adjacent single family residential parcel of land (595 Chapel Lane) for the purposes of providing a secondary access to the subject site (see attached applicant correspondence). ATTACHMENTS: (2) Findings of Fact, Conclusions & Resolution of Denial, pagesgi through ,s3 . Applicant correspondence, pages .S'' through 55 . SD BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Wensmann Realty and FINDINGS OF FACT, J.G. Sander for Preliminary Planned CONCLUSIONS AND Development and Preliminary Subdivision RESOLUTION for Crane Creek Addition. This matter came before the Eagan City Council at its meeting of September 5, 2000. The Council received, considered and discussed the August 17, 2000, Planning Report, the minutes of the public hearing held by the Advisory Planning Commission on August 22, 2000 and 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 application by Wensmann Realty and J.G. Sander (the "Applicant") for the Preliminary Planned Development and Preliminary Subdivision for Crane Creek Addition is properly brought before the Eagan City Council. 2. The Applicant presently owns 13.7 acres of land located south of Trunk Highway 55 and east of Rita Court (the "Property"), which land is vacant and consists of mature trees and a pond. 3. The Property is presently designated D -III (Mixed Residential, 6 —12 units per acre) under the City's Comprehensive Guide Land Use Plan and present zoning on the Property is R-4 (Multiple Residential). si 4. The proposed Preliminary Planned Development and Subdivision consists of the creation of sixty-four (64) townhomes within seventeen (17) buildings. Fifteen (15) of the proposed townhouse buildings contain four units while two structures are proposed to have two units. (See Exhibit "A" attached hereto). 5. Access to the Property is by means of a frontage road along Highway 55 which intersects with the northwest corner of the Property. The frontage road does not provide direct access to Highway 55, but rather circulates any anticipated traffic from the Property through a residential neighborhood to the west and southwest. 6. The Highway 55 frontage road is a 28 -foot wide (face-to-face curbed) roadway with a cul-de-sac adjacent to the Property. 7. The proposed development of the Property anticipated a creation of a private street that would run from the Highway 55 frontage road cul-de-sac to the west edge of the Property. The private street is depicted as a 28 -foot wide right-of-way. 8. Traffic generation from the proposed development of the Property is estimated to be 375 total vehicles trips as determined by the ITE Traffic Generation Manual 5th Addition. 9. The City Code requires that all subdivisions meet City Code requirements. 10. Chapter 13 of the Eagan City Code regulating subdivisions states that 28 -foot wide right-of-ways may accommodate low density development when the average daily trips is estimated to be 300 vehicles or less. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. The proposed development plan exceeds the City standards for the average daily trips that may be generated from the Property, through the use of a 28 -foot wide right-of-way. sa 3. The proposed development lacks a secondary access, for the purpose of providing an alternate means of ingress and egress to Highway 55 from the Property. 4. The Property continues to enjoy a viable use in a manner consistent with City ordinances. 5. 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 Preliminary Planned Development is not warranted. 6. 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 Preliminary Subdivision is not warranted. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Preliminary Planned Development and a Preliminary Subdivision to be known as Crane Creek Addition is hereby denied. Dated at Eagan, Minnesota this day of September, 2000. CITY OF EA g3 By: Patricia E. Awada Its: Mayor By: Maria Karels Its: Deputy Clerk October 11, 2000 City of Eagan Attn. Mr. Bob Kirmis 3830 Pilot Knob Road Eagan, MN 55122-1897 A W.TENSMAN N REALTY Re: Crane Creek Addition Dear Mr. Kirmis, City Staff, and Members of the Eagan City Council: Wensmann Realty, Inc. has entered into a purchase agreement with the property owners at 595 Chapel Lane, Eagan, Minnesota for a future south access from our proposed subdivision. We are aware that due to the additional real-estate involved and the required re -zoning involved, our submission must be forwarded back to the planning commission. We are requesting however, that we are not delayed to the November 28, 2000 meeting and are able to be placed on the October 24, 2000 agenda. If you have any questions or require additional information, please feel free to contact me at our administrative offices 651-306-4400. Thank you for your consideration on this issue. Sincerely, L/7 Assistant Vice President 6-# 1895 Plaza Drive Suite 200 Eagan. MN 55122 612/423-1179 Fax 612/905-3678 w w Z t - W W N I l i i tD 111PIlls• 8 0 3 0 1 II II\\\%)III\ IIII 1 1\\\ IIII \ 1, l 1;\y\.\\\,\\\ \ /1/4/1:1111 l�l1ij�' /;;,1, ///�/// ////'fir /�// / 3-- j//i/'�/A1 , / // _ /- fes = /f ' /jc / / /i -//Ir // / // ) / '-�� // // / / r2.// ./f�7t 1 / 7 ') 3^b�1 I I 1 1, 'r 1 -b- F a 0 N 5 0 10 14 A. Ige g4 SYWc 3 BUILDING DATA PARKING DATA Agenda Information Memo October 17, 2000 Eagan City Council C. COMPREHENSIVE GUIDE PLAN AMENDMENT — FRAUENSHUH ACTION TO BE CONSIDERED: To direct that a Comprehensive Guide Plan Amendment to establish a D -IV, Mixed Residential (12+ units per acre) land use guide plan designation upon approximately 4.14 acres of land located west of Hwy. 77 and north of Diffley Road across from Metcalf Junior High School, in the SW I/4 of Section 19, be submitted to the Metropolitan Council for review and approval. FACTS: • The applicant is requesting a land use change from Commercial Planned Development to D- IV, Mixed Residential (12+ units per acre). • The property has been guided for commercial use as far back as 1974 and appears to have been rezoned to Planned Development in 1990 to accommodate a mixed-use development. The subject site retained the commercial designation with the 1990 PD. • The applicant has indicated that the site has not been attractive and marketable to commercial users and they are therefore seeking the change to D -IV land use designation to allow for an apartment building to be constructed on the site. The applicant has indicated that there is a market for apartments in Eagan and that an apartment would provide an acceptable buffer to the townhomes from Diffley Road. • The APC held a public hearing on the proposed Comprehensive Guide Plan Amendment and failed to recommend approval of the land use designation for reasons stated in the minutes. ISSUES: • Several residents of the adjacent townhomes spoke at the public hearing and objected to the proposed change in land use. They stated concerns about possible negative effects on their property values, additional traffic at Old Sibley Highway, safety of children crossing Diffley Road to get to the school property, and an inability to evaluate the D -IV use without specific plans. • One Eagan resident spoke in favor of the change, stating that Eagan should consider the long- term and broader community -wide impact of providing apartment housing for people who work in the city who cannot or do not want to live in a single family home. • This request was continued from the October 3, 2000 Council agenda at the applicant's request so that the applicant could hold a neighborhood meeting with residents of the adjacent townhomes prior to the CC meeting. The neighborhood meeting was held on October 12, 2000. ATTACHMENTS: —�j September 26, 2000, APC Minutes, pagesS7throughS O Staff Report, pages ,Sthrough S6 Advisory Planning Commission September 26, 2000 Page 7 DRAFT COMPREHENSIVE GUIDE PLAN AMENDMENT — FRAUENSHUH COMPANIES Chair Heyl opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment amending the land use of approximately 4.14 acres from Commercial Planned Development to D -IV Mixed Residential (12+unites/acre), located across from Metcalf Jr. High on the NW corner of Diffley Road and Cedar Avenue Freeway in the SW '/4 of Section 19. Planner Dudziak introduced this item and highlighted the background/history, existing conditions and surrounding uses of the subject property. She stated that this site has been designated for commercial use as far back as 1974, however, the applicant has indicated they have had difficulty selling the property for commercial use. The applicant, Richard Wicka, representing Frauenshuh Companies stated that the property is an underutilized piece of property and given the current market place, a residential use of the property seems best. He stated that his company had recently participated in a neighborhood meeting to inform the neighbors of Frauenshuh's plans for the property. There were five residents who spoke, expressing their concerns regarding the decrease in property values; increase in crime due to the type of residents rental property would attract; possible drainage problems; increased traffic from Old Highway 13; safety of children crossing Diffley; and access to the property. One resident spoke in favor of the rezoning, stating that Eagan has a need for more multiple unit housing. There being no further comment, Chair Heyl closed the public hearing. Mr. Wicka responded to the concerns of the residents stating the plans that have been presented are only conceptual. He went on to state that the property is just a vacant lot and should not be viewed as green space. He stated his company is trying to provide a type of housing that is needed in Eagan. Member Tilley asked what type of residents the complex would target. Mr. Wicka responded that there would be a mixture of single residents and families. He stated there would be one, two and three bedroom units. Chair Heyl pointed out that the Commission should only address the proposed Comprehensive Guide Plan Amendment and not the concept plan for the project. Member Segal stated that designating the property as Mixed Residential would be consistent with the comprehensive plan for the area. He further stated that property owners need to be aware that undeveloped property has the potential to be rezoned s� Advisory Planning Commission September 26, 2000 Page 8 DRAFT Member Steininger stated that he felt the property should have a specific plan presented before the Comprehensive Guide Plan is amended. Member Kaess stated that he agreed with Member Segal in that the amendment to the Comprehensive Plan would be consistent with the surrounding area. Member Huusko stated he had no problem with a multi -family use on this property but would like to see a specific proposal due to the size of the parcel. Senior Planner Ridley stated that it is City Council policy that the Comprehensive Guide Plan be reviewed before specific plans for an area are presented for review. Steininger and Nosbush both agreed that the property should remain commercial. Member Huusko moved, Member Kaess seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation of a 4.14 acre site located north of Diffley road across from Metcalf Junior High from CPD, Commercial Planned Development, to D -IV, Mixed Residential of 12+ unites per acre. Motion failed 5-2. Members Kaess and Segal voted in favor of the motion. The Commission explained their reasons for voting against the Comprehensive Guide Plan Amendment as lack of a park nearby, lack of service businesses in the area, and the property is too small to accommodate an apartment complex as proposed. Member Tilley stated that the property could possibly be designated as high density but she did not feel it should be R-4. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 19, 2000 APPLICANT: Frauenshuh Companies PROPERTY OWNER: Diffley LLP CASE: 19 -CG -04-08-00 HEARING DATE: September 26, 2000 PREPARED BY: Pamela Dudziak REQUEST: Comprehensive Guide Plan Amendment LOCATION: Northwest corner of Diffley Road and Hwy. 77 (Cedar Avenue) COMPREHENSIVE PLAN: CPD, Commercial Planned Development ZONING: PD, Planned Development SUMMARY OF REQUEST Frauenshuh Companies has submitted a request for a Comprehensive Guide Plan Amendment to change the land use designation of a 4.14 -acre site located north of Diffley Road across from Metcalf Junior High from CPD, Commercial Planned Development, to D -IV, Mixed Residential of 12+ units per acre. AUTHORITY FOR REVIEW 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. BACKGROUND/HISTORY The site consists of two parcels located between Hwy. 77 (Cedar Avenue) and Old Sibley Highway north of Diffley Road. The larger of the two parcels extends across Old Sibley Highway to the west to encompass the area between Super America and Old Sibley Highway. Planning Report — Frauenshuh Companies September 26, 2000 Page 2 The applicant has indicated that it is not the intent to include that portion of the parcel located west of Old Sibley Highway in this Comprehensive Guide Plan Amendment. However, the applicant should be aware that upon development of the property, regardless of use, platting will be required. In the platting process, the ultimate disposition of the remnant east of Old Sibley Highway will need to be determined. EXISTING CONDITIONS The site was previously graded and is open and relatively flat. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Condominium Townhomes; zoned PD, Planned Development; guided CPD, Commercial Planned Development South - Metcalf Junior High; zoned P, Public Facilities; guided PF, Public Facilities East - Cedar Ave. (Hwy. 77) West - Super America; zoned RB, Roadside Business; guided RB, Roadside Business EVALUATION OF REQUEST Compatibility with Surrounding Area - The current Comprehensive Guide Plan designates this property as CPD, Commercial Planned Development. The CPD designation allows for development of mixed residential and commercial uses. The Draft Comprehensive Guide Plan (1999) suggests RC, Retail Commercial, use of the subject property. Retail Commercial is the land use category in the Draft Comp Plan that corresponds to the commercial element of the current Commercial Planned Development category. If the proposed D -IV land use is approved, upon adoption of the Draft Comp Plan, the corresponding designation of HD, high density residential, would be applied to the property. This site has been designated for commercial use as far back as 1974, including the area to the north that has since developed as townhomes. These townhomes were constructed during the latter half of the 1990s. The PD zoning of this property appears to have been adopted in 1990 to allow for a mixed-use development. However, this site remained designated for commercial uses in the 1990 PD. The applicant is now proposing to change the land use designation of this site to D -1V, mixed residential of 12+ units per acre, to allow for the construction of apartments. The applicant indicates in his narrative that Frauenshuh has been unable to "market, development and sell said site for commercial/retail uses" since 1995. Frauenshuh asserts that apartments appear to be the _ highest and best use for the site "based on the location of the site and the shortage of [apartment] housing product in the metro area ...." Frauenshuh believes that apartments would "provide an 60 Planning Report — Frauenshuh Companies September 26, 2000 Page 3 appropriate buffer between Diffley [Road] and the townhomes" and has submitted a concept plan to support their proposal. 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, multiple residential development would be provisional, meaning that it must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular, the building plans, materials and construction should be such that they will insure an interior sound level of 45 dBA as compared with a noise level of 65 DNL. Topography — The site has been previously graded and is open and relatively flat. Storm Drainage — Storm water runoff from development of this site will drain north via public storm sewer to a storm water basin within the Eagan Heights Townhomes development. Utilities — Sanitary sewer and water main are available within Old Sibley Highway along the west edge of the site. Streets/ Access — Public street access is available from Old Sibley Highway (City street) to the west. The existing access onto Diffley Road (Dakota County Road 30) in the southeast corner of the site does not meet current County access spacing guidelines. Dakota County will not allow full access at this location with development of the site. Any development of this site will be subject to Dakota County ordinance requirements. Easements/Rights-of-Way/Permits — An additional 25 feet (in addition to the existing 50 feet) of one-half right-of-way for Diffley Road will be required by Dakota County to be dedicated for development of this property. Site Plan — The applicant submitted a conceptual site plan for a three-story, 93 -unit (33 one - bedroom, 52 two-bedroom and 8 three-bedroom) apartment building. The density of the conceptual 93 -unit building on a 4.14 -acre site would be 22 units per acre. Comparing this to the R-4 (apartment) zoning requirements in the City Code, the building would require a total site size of 6.7 acres, for an overall density of 13.8 units per acre. This calculation is based on the number and mix of units shown in the concept plan submitted. Additionally, the concept plan does not account for the additional 25 feet of Diffley Road right- of-way that will need to be dedicated at the time of platting, which will further reduce the site size and consequently, the number of units that the site can support. Wetlands/Water Quality — There do not appear to be any jurisdictional wetlands on the site, however, this should be verified prior to any development of the site. 6( Planning Report — Frauenshuh Companies September 26, 2000 Page 4 Tree Preservation — There is little significant vegetation on the subject site, and compliance with the City's Tree Preservation Ordinance will be determined at the time a specific development proposal is submitted. Parks and Recreation — This site will be subject to park and trail dedications. It is likely that such dedications will take the form of cash, however, City Parks staff has indicated that construction of trails may be necessary with such a development. Also, the City's zoning code requires a certain amount of on-site recreational space to be provided in multiple dwelling developments. The specifics of trail needs and on-site recreation space will be further evaluated and determined during review of a specific development if the proposed change in land use is approved. SUMMARY/CONCLUSION This site has been designated for commercial use as far back as 1974, however, the applicant has indicated they have had difficulty selling the property for commercial use. Consequently, Frauenshuh Companies has submitted a request for a Comprehensive Guide Plan Amendment to change the land use designation of a 4.14 -acre site located north of Diffley Road across from Metcalf Junior High from CPD, Commercial Planned Development, to D -IV, Mixed Residential of 12+ units per acre. Most of the development issues identified in this report such as platting, additional right-of-way dedication, and restricted access to Diffley Road, apply to any development of the property, whether commercial or residential. Therefore, consideration should be given specifically to those issues related to the proposed residential use, such as compatibility with the surrounding development and airport noise impacts. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation of a 4.14 -acre site located north of Diffley Road across from Metcalf Junior High from CPD, Commercial Planned Development, to D -IV, Mixed Residential of 12+ units per acre. 6a Location Map Eagan Boundary ^% street Centerline Parcel Area Building Footprint • reill ♦ • 4 u. AV* 44i0464* MOW irmip 44 .1111110 dy, ,o, 4� -,. 7\i Sub e4/ 1 / 1 •1 ct Site 40. 44*,!;r • it: is ic:14 't"1 . . WED �i�ititit�o isioadilir d e 4© 4\*III .i.itii,©s7v�c©000°4111. ono,wadtit&rove.ovie:Vis:tc,), ,.. 11 1 1 nyM MID Ap AP 44041 APR qw Amunge i i 5 • ti marl eAki ion Laity Alititteo,41, Vim, ie ,. ri' 1 aE1 IAMBI Q�Limit Mist tray 1 L.Mtl� ti 4k4 blOgtOi4;,, J . ra Mira vop) 441104,4* z° 1:4447ivig a�sss s,. /AP piSoi isivi • i1f 11111 Lill g tn. v iJta21222:61 — • 05555555553 it 1090 00 CM moo OM I.a J OW 1IFJ tIFJ till LAILI ��Lam I1VJJ RJ ARI VI u!1 IUIUJ Ap1P 1.111 IBTA tUC.1 Liti LISBI to L17pJ Lira L11 1 NIL Lint L7FJ IUFJ N!J IUN LSFJ 'wJ/ �� i� tip ..,1 1111 I■•1.1 L FJ 11lJ . �5�, V L7t{ �1a� L!PJ 1-181 (� t�FJ tinitllU �J $*f4.4. �� Glu 1BRJ `�..'%``�I+w SiIII Owt l L ■PJ •% $.44)4.'`i? 4'2 )1 �8� Os5U IN? • � •,�t�s`4, ��OtV`A�/O ��P .,,`+s tsy�� i+e` ,4+'L� til! 1 FFL6Y ■ G5O liu lilt IOW ISM tprA URI MID aP • ■ Liu LvrJ • 1000 r� 0 1000 Development/Developer: Diffiey LLP/Frauenshuh Companies Application: Comprehensive Guidedfa"ri#mendment Case No.: 19 -CG -04-08-00 City of Eagan MINNESOTA C.msssny e.v.l.pm.st Department Map Prepared wing EI1aF/aCl11w 3.1. Parcel base map data provided by Dakota County Land Sunray D.partmsnt and is Current as of August 3000. F.22 t !4 • • 2000 Feet 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 responsIbis for ares or emissions. W� E 5 Current Zoning and Comprehensive Guide Plan Frauenshuh Companies Land Use Map Case No. 19-CG-0408-00 Zoning Map 11,01 - / , kit dir ,F* Current Zoning: PD PD Planned Development _ - di PF _ PD = C.s.A.N. NO. 30 (DI ROAD) •a • •a a het d j�iA PF Ti R-3 ' ' Comprehensive Guide Plan Land Use Map .ND G 4 ��r, ■■ ■■ ,P. i ::MINI _ IFIll Mil .1111011 MOIll „1� Current Land Use Designation: CA Central Area B �� .dADD■ ill PF C.i.AJI. NO. 30 (ft.EY ROAD) iT ••• • 111 fa•• hot f NB (( Parcel beta tadu.a N beta by provided mapkprovideddy Dakota CadLaud Swarm O.rkdt W 7/•0. Zealot kM«w.u...rwtrw b ab Sian. City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Canvitinfry Devekpment DeptemartThe City of Eagan and Dakota County do not guarantee the accuracy of this Information. S :6< 1 E 43 RECEIVEU AUG 65' CONCEPTUAL SITE PLAN d tlait'fi 111 I hl 'il:a 66 CONCEPTUAL ELEVATION II 1 8 ► FRAUENSHUH COMPANIES Commercial Real Estate August 09, 2000 Mr. Bob Kirmis Planner CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 Dear Bob: On behalf of Diffley LLP, we are submitting the enclosed application for a Comprehensive Guide Plan Amendment for the site located on Diffley at Cedar Avenue. Under this application, we are requesting a change from the site's current land designation of CPD to a designation of D-4, which would allow a density of 12+ housing units per acre. Since August 1995, Frauenshuh Companies has tried unsuccessfully to market, develop and sell said site for commercial/retail uses, pursuant to the current land use designation. Although we have had numerous initial inquiries; all interested parties have passed after further reviewing the site's geographic market area and transit patterns. Despite continued best efforts, we are convinced that the site will unfortunately remain a tremendously unproductive asset under the current land use designation. As this situation is not in the best interest of the owners or the City of Eagan, in terms of tax base and the creation of a sense of community, we have explored alternative uses. Based on the location of the site and the shortage of housing product in the metro area, apartments appear to be the highest and best use for the site. We have included concept plans for a potential project which could make economic sense and be viewed acceptable by the marketplace. From a land planning perspective, this type of project seems to be a natural use along Diffley and would provide an appropriate buffer between Diffley and the townhomes to the north. We thank you for your consideration on this matter and hope the City of Eagan concurs with our request. If you have any questions or comments, please call me at 952/829-3471. Sincerely, FRAUENSHUH CO • NIES and Wick Enclosures RVW:nkg 440./P'"""" -- I- ‘ 7 7101 West 78th Street, Suite 100 • Bloomington, Minnesota 55439 ■ Tel: 612.829.3480 • Fax: 612.829.3481 FR II"1\rte ,`_ SEP Mayor Patricia E. Awada and Councilmembers Paul Bakken, Bea Bloomquist, Peggy Carlson, and Sandra Masin City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor and Members of the City Council: 2247 Creekside Court Eagan, MN 55122 September 27, 2000 RE Agenda Item for October 3. 2000 Meeting: Request for Comprehensive Guide Plan Amendment--Frauenshuh Co's amending land use of ap. 4.14 acres from Commercial Planned Development to D -IV Mixed Residential (12+ units per acre), located across from Metcalf Jr. Hi on the NW comer of Diffley Rd. & Cedar Ave. Freeway in SW 1/4 Section 19. This letter addresses the request noted above. My condominium unit is adjacent to the property that is the subject of the proposed change, and I would like to express my opposition to the proposed zoning change in view of Frauenshuh's'concept plan.' On Monday, September 26, the majority of the Advisory Planning Commission voted not to recommend the zoning change. I would like to (1)present my own reasons that their decision should be upheld by the City Council, and (2) ask that the City Council and the Advisory Planning Commission work toward addressing in a policy statement the need for special consideration of development plans for small, embedded parcels of property that impact established residential areas of various kinds. 1. The property in question is a "strip' that faces both Diffley Rd. and the Cedar Ave. Freeway. Behind this strip and to the East of Old Sibley Highway are 200 condominium units known as The Enclave at River Ridge. There are also on the West side of Old Sibley Highway various industrial/commercial uses (i.e., Wetzel's, Lovegreen's offices, Storage Units, and AT & T Public Access offices). All of the former uses require automobile traffic, and the latter uses require truck traffic. For all this development there is only one access street. It is an outlet to Diffley, creating significant traffic problems across from the Jr. High School. It is unlikely that a street that is both an entrance and an egress can be supported on Diffley Rd. This means that traffic from a substantial number of rental units would create additional traffic problems in this already dangerous area. 2. The small size and configuration of the land does not seem to support a pond for water runoff, and there is no other outlet for the water that would surely run downhill over paved land, directly to the front doors of the condominium units on Creekside Court and Cool Stream streets. This problem has not been addressed in the concept plan. 3. The condominium units are all 2 -story structures. The proposed strip apartments are 3 story buildings that would adversely impact the general site. Further, the '+' in 12+ units -per -acre raises questions of the actual number of units that would be built on this strip. 4. The nearest access to services to this area are (with the exception of nearby gas stations, and Cedar Park play park which is12 mile away) all over a mile away. Residents would hope for development that would provide services of use to residents within the community. 5. We have reason to question the good faith efforts of the developer to market this property when we were told that other developments were feasible, but not as profitable as apartments would be. Further, residents believe that because of its location, this property could be marketed for commercial use that d tl would benefit the area if it were attractively maintained and if an appropriate marketing strategy were developed. 6. The past history of the condominium community with its developer (i.e., Town & Country, AKA, "so sue usr) continues to be contentious and litigious. We have self-assessed and raised association dues to make up for deficiencies in the builder's conduct. We are understandably concerned about a companion developer who has no specific plans to present for accountability to area residents and to the City. Further, we are in the new runway corridor, which cannot be helped even by the City of Eagan, but it was not a known factor at the time of property purchase. Both of these elements have had an adverse impact on property values in this development. The addition of rezoning to high density apartment development under the circumstances noted in the items above will likely prove to be an undue additional burden to the property owners in the area. I and other residents with whom I have spoken are not opposed to development. We would welcome appropriate development. We are, however, concerned about the preliminary approval of development that is insufficiently planned to allow an informed response to proposals, and to development that does not take into account the characteristics of the site. I am asking that the City Council uphold the denial of request for a zoning change recommended by the Advisory Planning Committee. Having sat through only part of the meeting of the Advisory Planning Council last Monday, it seems that Eagan is in a period of declining land that is accessible for development. As a result, various proposals that I heard represented attempts by developers to obtain variances and rezonings that would allow the land to be used for purposes never intended, and all to the dismay of nearby residents. It would seem that such smaller sized, embedded parcels of land might be in need of a policy statement or guidelines that would require specific plans that would account for neighborhood characteristics before providing "blanker approval. In this regard, I certainly commend the volunteers who serve on the Advisory Planning Commission for their serious regard of the tasks represented by the agenda items I saw. Whether or not I agree with them individually, they conduct themselves both as a body and individually with dignity, seriousness of purpose, and a much needed sense of humor. Cordially, .44/4`i�c`t Virginia L. Brown Enclosures Copies to all members of the City Council Copies to members of the Advisory Planning Council 69 r 0vNTRY *PENT INE OR 7 AAT 4000 Yj0 0764 soar CT. DE£*OCC 1AC0.0TE 'RAIL 1 CARNELIAN e i i. WHITE WATER WAY 2. ROCKY RAPIDS WAY 3 RUNNING BROOK ROAD 8 4200 0011 access -4o argil C i1. .1r• 61ETCAL DR CEDAR POND AR b•PoWTE rERR RIVER HILLS PARK P t CO RC U lA. T I «DOOC'A£ g CDi7 CA BACK }NCST%INC C \\Yr';‘-' ,1 5) a(CMEP oR 4400 • 1.. SLEEP, NOI.1.Ow CLIFF LAKE C0 R0. 32 ) _ 4600 i s4 wES7w•• rf w00D ci LANE ` 990 11 v(YH• MERE ILN. CALAA,C CT lII•A ,�g� r Z 4800, KINGS R0 12 4 1.- SUNNE PT. 2 - ANNE PT 3.- LUND PT. 4.- TANA PT. 5.- HDMESTEAD PT. 6.- OSAGE PT. 7.- SNOWBELL PT. B.- MODER Pt. 9.- GRENADA PT 10 - MARK`Y&1 PT 11.- THRUSH PT. \\ ,9? i .i1,6_ v1. ,,, ,' 29}� ' o RIDGECLIFF PARK cc z 12.- SALIN PT. WL� s' 1,1!5...-- JACKSTOHE PT. O vl. w�CUlS PT CC LII SOR ELSE . ir:16 - SCIRREL PT.W17-HIRT.PTV\ 16 - ORT PT. < IV 19 - HORTEN PT- u � J( 20 - STAVERN PT 21.- ,.tA P1 Z, OANON N\\.LS REO)OS PPR — 5000 —oSTAE 3-20-2000 c'CITYMAPS/20o0C11rNAP C.g A i 8 APPLE VALLEY c 'j0 Agenda Information Memo October 17, 2000 Eagan City Council Meeting D. CEDAR INDUSTRIAL PARK TRAFFIC STUDY ACTION TO BE CONSIDERED: Receive the Traffic Study for the Cedar Industrial Park. FACTS: • On August 15, the City Council considered a Conditional Use Permit for Space Center Air Cargo. As a result of that discussion and concerns raised regarding the impact on the transportation system, the Council authorized the preparation of a traffic study for the general area incorporating the Cedar Industrial Park. • SRF Consultants, Inc., completed that report and the draft findings were distributed to the Council on October 3. The final report will be presented to the Council at the October 17 Council meeting. • The results of the traffic study identify several roadway improvements that would be necessary to accommodate the projected traffic and maintain an acceptable level of service at the Highway 13 and Silver Bell intersection. ISSUES: • It is difficult to attribute the needed improvements to any one development proposal as they reflect the needs in the year 2010 anticipating full development of the Space Center Air Cargo, build -out of the Silver Bell Commons and redevelopment of the Cedarvale area (Village Plaza) along with an estimated growth in general background traffic. Some of these improvements are on State Highway 13 and have been recognized as being needed by MnDOT previous to this study. Financing transportation improvements that benefit both existing and future users will need to be addressed if, and when, initiated by the Council. ATTACHMENTS: • Traffic Study Executive Summary, pages 93 through 7 . • Final Traffic Study Report, enclosed without page number. • Letter regarding Traffic Study, pagesthrough '701 7634752429 10/12/2000 10:31 FAX 7634752429 SRF CONSULTING GROUP EAGAN Z002 Cedar Park Industrial Traffic Study Executive Summary A traffic study was completed for the proposed Space Center Air Cargo development in the Cedar Industrial Park located northeast of the TH 13/TH 77 interchange in the City of Eagan. The purpose of this study is to determine the traffic impacts on the adjacent roadway system related to the proposed Space Center Air Cargo development, full development of the Silver Bell Commons building and the Cedarvale area redevelopment as described in the Cedarvale Traffic Study dated October 11, 2000. Traffic operations analyses of the a.m. and p.m. peak hours of the adjacent streets for existing and future 2002/2010 conditions are included in this study. In addition, this study includes a review of truck impacts on the adjacent neighborhood, due to future development of the area. Based on this traffic study, it is expected that the adjacent street system can accommodate the proposed Space Center and adjacent developments in the year 2002 with the following recommended improvements: TH 13 and Silver Bell Road • Dual left -turn lanes on the north and south approaches of TH 13. • A left -turn lane on the west approach of Silver Bell Road. The following improvements are recommended to accommodate year 2010 traffic volumes: TH 13 and Silver Bell Road • Dual left and right -turn lanes on the west approach of Silver Bell Road. • An additional left -turn ;lane and through lane is recommended on the east approach of Silver Bell Road to provide capacity and eliminate the split phasing. This approach would then consist of dual left -turn lanes, two through lanes and a right -turn lane. If split phasing is acceptable, the intersection would operate at an acceptable LOS with only the addition of an additional through lane as stated in the Cedarvale Traffic Study. A review of existing truck traffic conditions indicated a reasonable volume of trucks associated with the industrial businesses within the Kennebec Drive area. Although the majority of these trucks use the Silver Bell Road/Kennebec Drive and TH 13/Silver Bell Road intersections, it was observed that truck traffic did not have a significant impact on the overall operations and safety at these intersections. Based on future conditions, all key intersections are expected to operate at acceptable levels with the recommended improvements previously identified. This is based on the current development and trucking information provided by Space Center representatives (30 percent office and 70 percent warehouse). If this information changes as development occurs, the City should review this change to determine its impact on overall traffic operations. �3 7634752429 10/12/2000 10:31 FAX 7634752429 SRF CONSULTING GROUP -+ EAGAN Qt 003 A review was also performed of potential roadway alternatives designed to reduce the impacts of trucks at the Silver Bell Road/Kennebec Drive intersection. Two of the alternatives involved restricting access on Kennebec Drive at the Silver Bell Road/Kennebec Drive intersection. These alternatives are expected to cause traffic to divert to the TH 13/Seneca Road intersection, thereby resulting in unacceptable levels of service at this intersection. Keeping the truck traffic at the south end, providing access to TH 13 with the added protection of a traffic signal at Silver Bell Road is favorable. However, using signs to reroute the truck traffic to the TH 13/Blackhawk Road intersection could reduce the truck impacts at the Silver Bell/Kennebec Drive intersection, while not creating unacceptable impacts elsewhere. October 13, 2000 RECEIVED Ms Patricia Awada, Mayor 001 ', City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Questions and Comment on the Draft Memorandum Traffic Study for the Proposed Cedar Industrial Park Development and Braslau Noise Impact Assessment Dear Mayor Awada and Members of the City Council A number of neighbors have had the opportunity to review the Traffic Study Memorandum for the proposed Air Cargo Motor Freight Terminal. We developed the following questions about the study. As you review this study during your consideration of the required conditional use permit for this use, especially in the context of required finding 11.40. Subd 4C: F. Will have vehicular ingress and egress to the property which does not create traffic congestion, or interfere with traffic on the surrounding public streets and the other related findings the Council must make to approve the requested permit 1. Scope of development The study seems to cover the three developments, the assumed impact of the Silver Bell Commons development when fully leased, the proposed Air Cargo Truck Terminal (or maybe not a truck terminal), and the planned Cedarvale redevelopment. Is the difference between Table 6 and Table 7 based on the timing of these developments? 2. Type of development The memo seems to use the terms "Light Industrial", "Office Warehouse" and "Space Center Development" interchangeably. On page 10, the type of future tenants in the proposed truck terminal are described as "uncertain" and "the truck traffic generated by the proposed development is expected to be consistent with the existing industrial facilities along Kennebec Drive" The Council is reviewing a proposed truck terminal for an air freight forwarder. The roadways and intersections that will be used by the truck terminal presently have a more significant truck load than would be predicted in a light industrial or office warehouse district. Page 4 of the Memo "The percentage of trucks on Kennebec Drive is higher than a typical industrial park based on the industrial park land uses surveyed in the Institute of Transportation Engineers Trip Generation Report". The percentage of trucks on Kennebec is 54%, vs the ITE predicted percent of 1 - 22%. The purpose of this study was illumination of the effects of a truck terminal at this location to help the City Council answer the questions posed by the standards required to grant a Conditional Use Permit. Can the Council make the findings required to permit this truck terminal, which has the primary purpose of adding more truck traffic to an intersection that presently serves, and is impacted by, a concentration of truck traffic? Air Cargo Motor Freight Terminal October 13, 200( Page Two This is key to the forecasts of the study. If the trip generation estimated in Table 5 is based on some industrial park average, not the impact of another truck terminal located next to the one we already have. the impact will be significantly underestimated and the study will be useless at best, and dangerous if used to guide the Council's decision on this application. 3. Tables 1, 2 and 3 Do theses tables report the present conditions or do they include all or part of the build out of Silver Bell Commons and the Air Cargo Truck terminal? If the afternoon "truck peak hour" is extended by the specific demands of the Space Center truck terminal into the pm peak hour (see Braslau table 3.1) will the pm peak become the most sensitive, and will the remedies for the am peak suffice in this condition? What would be the effect of this extension on the pm peak condition described Silver Bell Road/Kennebec in the first paragraph on page 8? 4. Table 5 Table 5 appears to measure the effect of an office warehouse, not the proposed truck terminal use. Is there an ITE trip generation prediction for truck terminals and/or air freight forwarders? How does it differ from the trip generation assumed in Table 5? Can we receive a copy of it and a comparison of how it differs from the trip generation (for trucks and cars) used in Table 5? If the truck terminal assumptions were used for the Space Center Air Cargo site, would Table 5 change? Because truck traffic is the issue, would it be possible to break out truck trips from total trips as was done in Tables 1 and 2 in this Table? Are 54 i6 of the trips trucks? How is a "trip" defined? Is an in and out one trip or two? Is this consistent with Braslau's definition of truck "activity" on site? 5. Tables 6 and 7 What development is assumed in Table 5 and Table 6. Does 5 include a fully occupied Silver Bell Commons and an fully operation air freight forwarder truck terminal at the Space Center site? Do the tables asses the impact of a truck terminal at the Space Center site? What developments are added in Table 7? 6. Investment in Hwy 13 How can we be assured the proposed investments can be scheduled and funded? What does Silver Bell Commons think of Alternative 2? Is a dual right turn on red from Silver Bell onto Hwy 13 safe at the pm peak or any other time? Will right turn on red be banned with the proposed changes? 96 Air Cargo Motor Freight Terminal October 13, 20(X) Page Three As to the noise study we have these questions and comments. a. The Study only assessed noise generated by and from "on site" truck movements. The impact of trucks coming to and going from the Terminal is defined away and ignored. As the nearby residents we wish we could as easily define away and ignore the noise we experience from the existing Freightways Terminal and other use in the district. Please do not allow this condition to become worse by the addition of an additional 600 truck trips each day. b. The Study did not, and perhaps could not asses or forecast the "spike" type noises that we as neighbors know are part of this type of operation. The slamming of trailer doors, the release of hissing air brakes, the clang of coupling and uncoupling, inadvertent honking of horns and the "beep beep beep" of the backing warning buzzers on many trucks. These are inevitable, experienced, disruptive and irritating impacts that bother nearby residents. These impacts are not captured and not assessed by the Study. These impacts should be part of the Council's finding on the conditional use. c. The MPCA minimum standard is used as the only standard that can be applied. Barely meeting the minimum.does not mean compatible. The Council must use a broader standard, and is empowered to use a broader standard as it applies the test required for a conditional use permit. As a condition of the Planning Commission approval they limited the hours of operation to not permit nighttime operations, and the Applicant was to meet with the neighbors about plans for a possible berm and other features that would buffer the neighbors from the noise, light and glare impacts that are part of this facility. We had offered to allow some use of our property to extend the base of the berm, allowing an increase in height of the berm. No contact was ever made with the neighbors, and rather than talk with us about constructive solutions to our concerns, at the City Council this Study was presented as their contribution to resolving all of our concerns. Thank you for your consideration Sincerely, Gene Bassett '22 Agenda Information Memo October 17, 2000 Eagan City Council Meeting E. EASEMENT VACATION. CONDITIONAL USE PERMIT AND FINAL PLAT (SPACE CENTER AIR CARGO) — SPACE CENTER AIR CARGO INC. ACTION TO BE CONSIDERED: > To approve the Vacation of Public Drainage and Utility Easements on Outlots 2 and 3, Silver Bell Addition (Parcels 10-68060-020-00 & 10-68060-032-00) and authorize the Mayor and Deputy City Clerk to execute all related documents. ➢ 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 1/4 of Section 18). 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 a new final plat, Space Center Air Cargo. ➢ Adequate replacement drainage and utility easements will be dedicated as part of the new final plat combining the two outlots. ?ff D. The request would vacate the existing easements, avoiding future conflicts with underlying easements. ➢ This item was continued from the August 15, 2000 City Council meeting to allow time for the preparation of a traffic study of the Highway 13/Silver Bell Road industrial area. > 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 facilities 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. > 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. • 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 (8) July 25, 2000 APC meeting minutes, pages . through 2C/ August 15, 2000 City Council meetin minutes, pages ',Staff , Staff report, pages 4t? through /0 Betty Basset correspondence, pages athrough / Applicant correspondence, pages //4 through //.S Noise Impact Assessment, pages //, throu h /32. Traffic Study, pages /33 through /S Bert J. Amd 1 correspondence, page, E.•wks; I rem r+si'ofchfi pole 1S-6 8'0 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 1/4 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 'A of Section 18 subject to the following conditions: Fc71 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. �'3 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. EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 15, 2000 PAGE 8 Councilmember Masin asked if the safety issues are resolved. Senior Planner Ridley stated that NSP and the City does not allow structures to be built within the easement. He added that it was his understanding that the power lines are on the existing lot, but further added that the utility company will allow driveways and parking lots to be constructed upon utility easements. A vote was taken on the motion. Aye: 2 Nay: 2 (Councilmembers Carlson and Blomquist opposed and Councilmember Bakken abstained) The motion failed for lack of a majority. Councilmember Bakken stated that he abstained since he was absent from the July 18, 2000 City Council meeting, due to military duty, when this item was first considered. He added that his inclination was to support the majority position of the Council. Mayor Awada recessed the meeting at 7:55 p.m. The meeting was reconvened at 8:05 p.m. NEW BUSINESS CONDITIONAL USE PERMIT - SPACE CENTER City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Don Grant, representing Space Center Air Cargo, Inc., discussed the proposed project. He clarified that they are proposing to build an office/warehouse building and not a truck terminal. Mayor Awada questioned the need for a CUP. Senior Planner Ridley stated that a CUP is necessary because freight is brought to and taken away from the site, plus the applicant is requesting outdoor storage. Several residents spoke about their concern with truck traffic on Silver Bell Road and Highway 13. Additionally, they expressed concern with increased noise in the area due to truck traffic, the need for an increased buffer adjacent to the residential area, lack of notification regarding the public hearing, fumes and odors, hours of operation; number of truck trips per day and the negative impact to property values. The request was made for a traffic study of the area. Two petitions were submitted m opposition to the proposed project. Ron Have, owner of Freightmasters, stated that a percentage of the proposed tenants at Space Center Air Cargo are already customers of Freightmasters. He noted that Air Cargo City will be razed and the existing customers will utilize the new facility. He talked about the 24-hour nature of trucking operations. He said he was in support of the development and added that the applicant has gone to extreme lengths to design the building layout so that it has the least amount of impact to the residents. Mike Braddock stated that he has been a Space Center tenant for 14 years and is interested in locating his business m the new facility because of its excellence and the quality property management that will be provided. Chas Arend, representing Space Center Air Cargo, stated that this facility would generate a certain amount of truck traffic. He added that this use fits the I-1 district. He asked that there be no restriction on the hours of operation since there are no restrictions on the hours of any other facility in an I-1 district. He noted that 30% of the facility would be designated for office space. He added that there would have been no need for a public hearing if they had not requested a CUP. He further added that they have tried to minimize the impact to the neighborhood. Councilmember Masin noted that traffic congestion at the intersection of Silver Bell Road and Highway 13 should be addressed. Councilmember Carlson said that she would like to see additional buffering from the residential property by either fencing or preferably berming. .She added that the PS" EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 15, 2000 PAGE 9 current traffic study is only for the south side of Highway 13. She further added that staff should be directed to review the traffic situation on the north side. She stated that she did not think there was any way for a business owner to determine exactly how much truck traffic there will be until all the tenant spaces are rented. She further stated that the building layout is as good as it gets. Councilmember Blomquist expressed concern with excluding this parcel from the moratorium placed on the Cedarvale area. She added that she could not support this application until there was more information about traffic. She further added that she was concerned about truck headlights, noise and the 24-hour nature of this business. Mayor Awada stated that the applicant has a right to build this type of facility on this site. She noted that if it had not been for the request for outdoor storage there would have been no need for a public hearing. She said that the traffic congestion on Highway 13 and Silver Bell Road is a problem that the City and MnDOT need to address. She further said she did not want to deny the application because this is an appropriate use in this area. She questioned how long it would take to conduct a traffic study. Director of Public Works Colbert stated that the traffic study on the south side should be completed within the next two to three weeks. He further stated that that the traffic study on the north side should include the Silver Bell/Highway 13 area and also the entire industrial area. He said that it would take approximately 45 days to complete the study. Mr. Arend stated that if the outdoor storage component were removed from this application the application would be for an office/warehouse use. City Attorney Dougherty stated that the City Code does not provide a definition for a freight terminal, but rather that is a decision the City Council must make. Senior Planner Ridley stated that staff was not initially aware of the percentage of office being proposed. He added that a typical office warehouse use, such as Duke Weeks' Silver Bell Commons, contains less than 30% office space. Mayor Awada spoke to the property rights of the applicant and added that this property is zoned and guided I-1, which fits the use they are proposing. Councilmember Blomquist stated that the City has an obligation to ensure the safety, health and welfare of the residents. She suggested that additional time be taken to alleviate some of the questions regarding traffic congestion. City Attorney Dougherty stated that the City has 60 days to act on this application, but also has the authority to extend the timeframe an additional 60 days by providing written notice to the applicant. He added that the applicant could also agree to an extension. Councilmember Blomquist moved, Mayor Awada seconded a motion to continue the Conditional Use Permit to allow the establishment of a freight terminal upon a 14.9 acre site (Outlots 2 and 3, Silver Bell Addition) located northwest of Kennebec Drive and southwest of Freightmasters and Final Plat (Space Center Air Cargo) establishing a 14.9 acre lot upon this property and the Vacation of public drainage and utility easement on Outlots 2 and 3, Silver Bell Addition to the October 17, 2000 City Council meeting and to direct the preparation of a traffic study to be presented at the October 3, 2000 special City Council meeting. Aye: 5 Nay: 0 Councilmember Masin questioned how traffic would be affected from Silver Bell to Blackhawk Road. Director of Public Works Colbert questioned if the Council wanted to expand the scope of the traffic study in the area of the Silver Bell Road intersection. He added that he could report back to the City Council at the next meeting with an idea of the timeframe that would be necessary to complete an expanded study. Councilmember Carlson stated that the study could be completed independent of the rest of the study if it would take longer than 45 days. Mayor Awada moved, Councilmember Masin seconded a motion to direct a traffic study on the entire area up north of TH 13 to Blackhawk Road, with completion to occur within 45 days, if possible. ?•6 EAGAN CITY COUNCIL MEETING MINUTES; AUGUST 15, 2000 PAGE 10 Director of Public Works Colbert stated that the additional area would be included to the extent that it does not delay the rest of the study. He added that the results of this expanded study would be presented at a later date if it is impossible to complete the study within 45 days. A vote was taken on the motion. Aye: 5 Nay: 0 Mr. Arend reiterated their request to have the condition imposing restricted hours of operation waived. He said he understood the need for the traffic study. 8 7 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 '/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: 4g 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 89 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: 94.0 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. 9/ 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 acceptable. 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 Austrian Pine trees. 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 buikling 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-Wav - 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 9.3 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 '/4 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. 9y 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. 95- FINANCIAL OBLIGATION Space Center Conditional Use Permit 18 -CU -06-06-00 There are pay-off balances of special assessments totaling SO 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 USE RATE QUANTITY AMOUNT Water Availability Charge 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. 96 Location Map Eagan Boundary Street Centerline Parc& Area NE Building Footprint 1000 0 1000 2000 Feet Development/Developer: Space Center/Air Cargo, Inc. Application: Conditional Use Perini Case No.: 18 -CU -06-06-00 City of Eagan Cenrrraay Dw.Npnrnt Deportment M4 Pripib ming ERB P mVim 11. Fad bass nap data p?widrd W Dakotaca•h Lad SavoyClaimant adisarrant sdJur2000. 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 Ible for errors or omissions. E Current Zoning and Comprehensive Guide Plan Space Center Air Cargo, Inc. Land Use Map Case No. 18 -CU -06-06-00 Zoning Map S Current Zoning: I-11'1. Limited Industrial Of PD Pf +� V. lAgIVP7 ,' .i i♦ R-1 I L41 fi PD MPel A R-1 se.a Ne Igoe r..+ Comprehensive Guide Plan Land Use Map IND 0191111111 Current Land Use Designation: IND/sib/,Limited Industrial .= OP A ir % "1 killifte 111. .dr IND L111 •e• • Ne 7!N Peat ea.+aM base by o.ave. r...a Load Survey oet+•+N+••t 1Aaro0. h .+y l++te.a+.uea by City Stan. aWatal.N City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY CartraglityDlVDI It DePartinent The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S 95 FINAL PLAT .--4-5F /et SITE PLAN 1 1 i I Il L . ; 4 s,, '7!i ill i��; If �''t � �; I, 1 !I ttf � •�I;1tl 11,`;11 11 ° t1 ft=1 Ndt • II �I Jill l4 lophi # I; ! Its I+ �t. 0 % !Ili ! ipoi. �1t `, � � s t! t .1. 4 f` ill 4141 !IVY goopoitio Y ;I{ ,��! , ii4111111111 ,1t111E 1111t4l p;;f111t!.1ii! �11 111; 111 1111�Wig _:; !: . /0 / LANDSCAPE PLAN .Sep o 018 1 111 1i ttilt li n II ;lip .' ...c ..t. L I I i9: t 1 1 bo 0 a ii 1111\6 G.., 1 !IZLISJ IhTh l t GRADING, UTILITY AND EROSION CONTROL PLAN t 0-- 0- • H — gH 1 41.1tZ411AILLi H H H H H H 1 1 • • • 1111.6 • • • •• i 1: i:3 /A3 • 1 1 'au 1111 III III 'III III 1 1 1 1 d 1. 1 4 •- 1 • k BUILDING ELEVATIONS SPACE CENTEr 1 11 • • T T 1;C 1 I 1111 MO 1111 1111 ■ ... 1111NI 1111El 1111MI • r4 /o ff ♦- --v If { Pat Vogelpohl and 1 were at the hastily called public meeting on July 2 . Noofae else from our neighborhood was informed and given the chance to be there.�ere at no notice posted on the land of future development, which would have alerted us'to the ?� problem. The Wuthering Heights neighborhood has been a part of the city of Eagari since before Eagan became a city, and we intend to stay that way into the foreseeable N 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 /0 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 IS 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 /O8 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 NECESSAR Y 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 /io 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 1/4 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, 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: //2 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 + 24 hours = 51 trips per hour, or approximately a truck every minute, 24 hours every day of the week. Zoning M p t/. " #\* PD �� p�► I ` I I , PD �a 4f9 /411 WITE ►4 t' • •4� . M1 Cr 000 1111111v --"`"1111111P'" -SZ7Fa. ca . 0 ili,lll:i!Ill lli:ill :11!1111! /-1;Lt -.•J.i( . ..1 . I !.I 1.1....1„!!I!!.I Ca 1/411183eses�� •r _ 1 r t `83 tLI :t 4z (L 4n ¢ IUD ku tl —aJ Hit III 1 � -•,_w __II t Itty (E-0 —rn i-�' II I t _,p a •ICI'1I 111'I'•':I. t) U !III!!'6,I.:1.!'III.II jIIIIIIlilliI UlI'., I, 11' W� 1 Ili! :„`1 ;1 fl''II!!! et ll „ 9 _...,.::rte.::;:... . 1'1t1ju.r .Iti 11�1I h' �G !a"o 00 • ._ . _ a0'' po 23— r.� i? w 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 (I-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 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. Space Center 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, Si. Paul, MN 55113-2717 Telephone: (651) 604-4200 / Facsimile: (651) 604-4222 liS Space Center Eagan, Minnesota NOISE IMPACT ASSESSMENT Prepared for the Space Center by David Braslau Associates, Inc. 9 August 2000 //6 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 SENSITIVE NOISE RECEPTORS 3 3.0 ON-SITE TRUCK SOUND LEVELS 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. //7 ,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. //sE' 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. Page 1 Space Center Noise Impact Assessmen 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. /e70 Page 2 Space Center Noise Imnact 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 ti Apartment Building t 0 200 FEET FIGURE 1 SITE LAYOUT AND SENSITIVE NOISE RECEPTOR SITES ioa 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 at50feet. 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. /c3 Page 5 Apartment Building 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 budding 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. Page 7 Cross Section - Truck to Nearest Home Berm Building --- --- - -- - .•- ---- - - 1- 1. / I/ / 1 1 r, / , / 1 / • , , 1 \ , el , , \ \ \ \ \ , Diffracted Home Path \1 1 \ 1 1 \ 1 1 / \ 1 1y1 . / / I / / 1 / / / Line-of-sight1 Path ' O o O 0 CO O O CO (ieej) uollenel3 O n 11) N 0 O co 0 0 1.0 0 O M 0 0 0 0 1 0 1n CD N Distance from Nearest Home (feet) c) W cc LL Cross Section - Truck to Nearest Apartment [Apartment Berm Building _-' _ Truk 1 1 1 1 1 1 1 1 m U + f oar { 1 { 1 1 1 1{ 1 1 1 Line -of -sight `` ". Path .` •1 f________t____ j 1 1 , l f • - - - _ 0 o 0) 00) m coo 00 n n n r -- (10e1) (;ee1) uo9ene13 �h 0 (0 n o 0 rn 0 O co 0 O 0 c0 O 0 12i 0 0 O O O N 0 0 0 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. Page 10 Space Center Noise Imnact 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 DR. DAVID BRASLAU, P.E. /30 DAVID BRASLAU, P.E. President, David Breslau Associates, Inc. Education University of California Berkeley Ph.D. Engineering —1965 M.Sc. CMI Engineering —1960 Massachusetts Institute of Technology B.Sc. CMI Engineering —1956 Qualifications in Environmental Noise and Land Use Compatibility Background Dr. David Breslau, President, David Breslau Associates, Inc. received his B.Sc. Degree in Civil Engineering from the Massachusetts Institute of Technology in 1956, where he specialized in structures and design and completed a thesis on the effects of blast loading on structures. He expanded his work to linear and non-linear acoustics during his masters and doctoral studies at the University of California Berkeley. Following employment in the aerospace and engineering industry and teaching at the University of Min- nesota, he established the firm of David Breslau Associates, Inc. in 1971, to address environmental noise, acoustics and vibration problems. Selected Projects Directed by Dr. Breslau Assist in development of Minnesota Noise Standards. Develop and review community noise or- dinances Test and validate highway noise models Evaluate various descriptors for aircraft noise Evaluate and design numerous highway noise barriers - Develop land use compatibility plans - Determine compliance with federal, state and local noise guidelines Establish noise run-up rules for Minneapolis - St. Paul Intl. Airport Noise control for small arms facilities Expert witness in environmental noise and building noise control Complete noise monitoring and exposure studies in industrial facilities Prepare noise control plans for industrial plants. Complete blast and vibration studies and mitigative design Prepare designs to mitigate noise from outdoor concerts - Evaluate impact on aircraft noise on thoroughbred racing - Measure and assess highway, rail and aircraft noise - Prepare numerous building noise control studies Prepare Builder's Guide to meet aircraft noise guidelines Railroad noise and vibration studies /3 / Professional Engineering Registration Minnesota Registration 9725 Professional Activities Member, Acoustical Society of America Past President, Upper Midwest Chapter Member -at -Large, Upper Midwest Chapter Regional Chapter Representative Technical Program Chairman, 1984 National Acoustical Society of America Meeting in Minneapolis, Minnesota Member, Architectural Acoustics Committee, Acoustical Society of America - Organized session on Sound Attenuation of Exterior Building Facades for December 1986 National Meeting in Anaheim, Califomia Presented paper at Anaheim Meeting entitled: Community Aircraft Noise Ordinance - Sound Transmission Considerations Organized session on Computer Applications in Architectural Acoustics for June 1987 National Meeting in Indianapolis, Indiana - Organizied session on computer modelling in room acoustics for 1992 National meeting in New Orleans - Session chair for Sabine Centennial Symposium 1994 Organized session on computer modelling and simulation of room acoustical performance for 1997 National Meeting in HoIoIulu, Hawaii Member, Institute of Noise Control Engineers - Presentation to Inter -Noise meeting in Newport Beach on outdoor concert sound control - Technical paper reviewer Firm Representative, National Council of Acoustical Consultants Member, Committee on Transportation Noise, Transportation Research Board Chairman, Environmental Impact Subcommittee, High Speed Rail Association INTEST Acoustical Testing Laboratories, Scientific Advisory Board Member, American Society of CMI Engineers Member, Institute of Transportation Engineers Dr. David Breslau, P.E. Page 2 /3a SRF No. 0003908 DRAFT MEMORANDUM TO: Thomas Colbert, P.E. Director of Public Works FROM: Marie Cote, P.E., Senior Associate Andrew Mielke, Transportation Planner DATE: October 10, 2000 SUBJECT: TRAFFIC STUDY FOR THE PROPOSED CEDAR INDUSTRIAL PARK DEVELOPMENT IN THE CITY OF EAGAN Introduction As you requested, we have completed a traffic study for the proposed Space Center Air Cargo development in the Cedar Industrial Park northeast of the TH 13/TH 77 interchange in the City of Eagan (see Figure 1: Project Location). The purpose of this study is to determine the traffic impacts on the adjacent roadway system related to the proposed Space Center Air Cargo development, full development. of the Silver Bell Commons building and the Cedarvale area redevelopment as described in the Cedarvale Traffic Study dated September 25, 2000. Traffic operations analyses of the a.m. and p.m. peak hours of the adjacent streets for existing and future 2002/2010 conditions are included in this study. In addition, this study includes a review of truck impacts on the adjacent neighborhood, due to the future development of the area. The following key issues have been addressed in the study and are discussed in the memorandum: • What is the current peak hour volume of trucks on Kennebec Drive, and how does this compare to the peak hour volume on the adjacent roadway system? • How does truck traffic impact the existing roadway system? • Will the proposed development generate additional truck traffic on the roadway system? • How will traffic generated by the proposed development impact the operation of the adjacent intersections during the peak hours? /3 3 \CSI •- v / i \ `\ / / �l mice ,• • ti�// i /; / / a� ^�_1 // . 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I I'7,''''''' \ �:/� / c LA `1:. q/ CANVAS 6ACh� i7. \ CEDAR RIDGE \ , 4, , I „ moi' «.w.•,Jy1 , t~./ CIR ! d BHAIf I o I mil FOX RIDGE CT. f. iii' U % ~ES 3' JL CST. —� •-•--••••••- :;\ -� u I �/ ,, pFp KE D /. ci' Z KYLE W1Y % / ‘,4),?. � q �6T• 17, Kms._ ,c.. J \ v„,-....< .../1 -e!,,,,,,177:--•/8.,:;g Q� 170.,/,%::';' \ s �� C i LAKE \. \ r �- - \..- =,72 �'�” e.'",' '� 2c,'K 6a cT '�JS�,/S �• R�`� SRF CONSULTING GROUT, INC. SRF NO 000390E CITY OF EAGAN y ' ROJECT LOCATION CEDAR INDUSTRIAL PARK TRAFFIC STUDY FIGURE 1 Thomas Colbert, P.E. -3- October 10, 2000 • Are there any improvements that may be needed to accommodate the additional traffic generated by the proposed development? • What will be the impact to daily traffic volumes on the adjacent roadway network? • How will truck traffic generated by the development impact the adjacent neighborhoods and intersections? • What are the impacts of modifying access at the Kennebec Drive/Silver Bell Road intersection? Existing Conditions Currently there are several light industrial businesses within the immediate area of the proposed Cedar Industrial Park site, and residents are concerned that an additional office/warehouse complex could lead to an increase in traffic delays, promote unsafe intersections, cause air and noise pollution problems, and create additional transportation related impacts. The developers of the Space Center Air Cargo site recently commissioned David Braslau Associates, Inc. to complete a noise impact assessment addressing the potential noise impacts that may be created by the proposed development. The study concluded that any additional noise impacts created by the proposed development would still be consistent with State standards. Truck Traffic Various light industrial/warehouse businesses located near the proposed site are responsible for -.erating truck traffic consisting of semi tractors and straight trucks. Due to differences in chicle size and acceleration, trucks require longer gaps in the mainline traffic stream and longer right -and left -turn storage bays. Many of the truck concerns involve the left -turn movement from Kennebec Drive onto Silver Bell Road and the queue lengths for eastbound Silver Bell Road at TH 13. These movements are considered to be critical movements since they involve gap selection and left -turn storage length requirements. Hourly traffic counts were taken in September of this year on Kennebec Drive and Blackhawk Road to classify the vehicle types and determine the volume and peak hour of truck and adjacent street traffic. The daily count data is summarized in Table 1. /3S Thomas Colbert, P.E. Table 1 Daily Volume Summary -4- October 10, 2000 INTERSECTION TOTAL TRAFFIC* TRUCK TRAFFIC PERCENTAGE OF TRUCKS Truck Peak All Vehicles Peak* Truck Peak All Vehicles Peak* Kennebec Drive 1,893 1,016 54% Blackhawk Road 910 232 25% Volume *Including truck traffic As shown in Table 1, Kennebec Drive currently carries twice as many vehicles and five times as many trucks as Blackhawk Road. The percentage of trucks on Kennebec Drive (54%) is significantly higher than on Blackhawk Road (25%) or TH 13 (5%), due to the industrial land uses on Kennebec Drive north of Silver Bell Road. The percentage of trucks on Kennebec Drive is higher than a typical industrial park based on the industrial park land uses surveyed in the Institute of Transportation Engineers Trip Generation Reports (1-22 percent). The peak hour count data is summarized in Table 2 below. Table 2 Peak Hour Volume Comparison ROADWAY' A.M. PEAK P.M. PEAK Truck Peak All Vehicles Peak* Truck Peak All Vehicles Peak* Time Period Volume Time Period Volume Time Period Volume Time Period Volume Kennebec Drive 7 — 8 113 7 — 8 160 2 — 3 58 4 — 5 194 Blackhawk Road 7 — 8 19 8 — 9 78 1 — 2 27 12 — 1 108 *Including truck traffic As shown in Table 2, the a.m. peak hour for truck traffic was 7:00 — 8:00 a.m. on both roadways. The p.m. peak hour was 2:00 —3:00 p.m. on Kennebec Drive, and 1:00 — 2:00 p.m. on Blackhawk Road. The a.m. peak hour of the truck traffic coincides with the a.m. peak hour of the total traffic along Kennebec Drive, and is within one hour along Blackhawk Road. The a.m. peak hour is also the highest volume hour of the day for both the truck traffic and the adjacent street traffic. Therefore, analysis of the a.m. peak hour of the adjacent street (7:00 — 8:00 a.m.) traffic will also show an overall worst case scenario for truck traffic along Kennebec Drive and Blackhawk Road. The p.m. peak hour of the truck traffic does not coincide with the peak hour of the total traffic for either roadway. Analysis of the p.m. peak hour of the adjacent street will show a level of service worst case scenario, since the traffic volumes on TH 13 would be significantly less during the p.m. peak hour of truck traffic (2:00 — 3:00 p.m.) than during the peak hour of the adjacent street (4:30 — 5:30 p.m.). /36 Thomas Colbert, P.E. -5- October 10, 2000 Based on the hourly traffic count results, existing turning movement counts were collected during the a.m. and p.m. peak hours of the adjacent street traffic. Turning movement counts were collected by SRF Consulting Group in May and June 1999 at the TH 13/Blackhawk Road intersection. All other intersection counts were collected in September 2000. The truck turning movements were counted separately at the Kennebec Drive/Silver Bell Road, TH 13/Seneca Road, TH 13/Shawnee Road and TH 13/Silver Bell intersections. The truck turning movement volumes at the TH 13/Blackhawk Road intersection were estimated based on the hourly truck count data on Blackhawk Road and the truck volumes counted at TH 13/Shawnee Road. The existing truck and total traffic volumes at the key intersections are displayed for the a.m. and p.m. peak hours in Figures 2 and 3 respectively. Table 3 shows the number of trucks as a percentage of the total intersection volume during the a.m. and p.m. peak period of the adjacent street traffic at the five key intersections. Table 3 Peak Hour Truck VolumesI" INTERSECTION A.M. Percentage P.M. Percentage Silver Bell Road/Kennebec Road 56 (730) 8% 40 (586) 7% TH 13/Silver Bell Road 105 (3,466) 3% 85 (3,555) 2% TH 13/Seneca Road 75 (2,241) 3% 65 (2,502) 3% TH 13/Shawnee Road 77 (2,142) 4% 100 (2,425) 4% TH 13/Blackhawk Road 79 (2,224) 4% 72 (2,566) 3% (I) Numbers shown in parentheses are total intersection approach volumes (including trucks). As shown in Table 3, the intersection of Kennebec Drive and Silver Bell Road experienced the highest percentage of truck traffic of the three intersections studied. The day the counts were taken, trucks made up approximately 8 percent (8%) of the total vehicles at this intersection with the majority of trucks making a left turn onto Silver Bell Road from Kennebec Drive or a right turn onto Kennebec Drive from Silver Bell Road. The number of trucks during the a.m. peak hour at the Silver Bell Road/Kennebec Drive intersection differed between the hourly count data collected on a Tuesday and the manual turning movement count on the following Thursday. This displays the fluctuation in truck traffic that can occur due to distribution schedules. The peak hour truck percentage at the Silver Bell Road/Kennebec Drive intersection is lower than the daily truck percentage counted on Kennebec Drive because of the volume of passenger cars on Silver Bell Road and reduced truck volume counted during the a.m. peak hour. Many of the passenger vehicles that passed through this intersection had trip origin/destinations at Silver Bell Commons, Silver Bell Business Center, or Tesseract School. /3 7 / •• r ...Sr.X. ',.,.. • ''''1".'"................... t* N \ • ' .P / e / tm. / rm......., .'• k .., v. .1'. /A"? , , / \‘ .1 Az E. 1 . , . . .. 1‘:.• ' i / .f'f LL j \'d •• ,,, et , • \lc ...,,,. \•'or. \ 1 / '" / I O.5 , ..., ..----- i 1 47 2' 5 !E -51 / GOL‘ P7 cll ; / ''',, 1 '' .„...-1,'"--"'• * ,- •' •".`,. / .-- , /—_./ . ,-„...;....- ,, *is/ , ,• ,,,. / : ••••'_,,,-i--'-'-' / 1.1'',/ /y' / \---•••"7:-''''M (f.,V • ' ///'4,-.1 ,<7. 'CiCt, N", ,,, / ''''''. i .' •---• / 11,,, • ,• c., • „...- _‘-'•,,,,.• .,-;-- ----)... ',-----' „,. ,71 iu •'s 'r 's ..') r G. sie-ry 41*, • . - 4 1, c 1 ..; "got / 2\VC -10: EP • 1. . ; .-..---,..E.:.4., , 0 ••• ii .,--- \% ii f• I \Q.__ Oc' ig \‘' if! '‘ WATER LILLV / til "V ' t LA / /./i 11 ,k ,1/7 \---.'r.,.m ''• 1 --- -.EKS0E 1 J. j Pi RD 1 CT / ......,,.. i: s., \ iiii / \ Ili ' \ IV 1Pf II bV METCALF IX LEGEND XX = ALL VEHICLES (X() = TRUCKS = TRAFFIC SIGNAL = SIDE -STREET STOP T COT Ee CE \ at. PT M ▪ L4 JADE g LA, LI w It 1 WI w 2 1.1.1 I 1,'L)e • 5 ,•,;:•\ I - GLEto, 4, , DIFFLEN / iPMUNK C TMBE SRF NO 0003908 ITY OF EAGAN FIGURE EAK HOUR TRAFFIC VOLUMES CEDAR INDUSTRIAL PARK TRAFFIC STUDY • 7j r-� / /� /�. ,�P/ / 4D� \, // �� 5 / Y 07 / 3``'/ 4 `\ // //N'T—� — / \N�o QG�y / i �''Rv +/' �� cF / ` CED FOX \ CRESTRIDGE C LA EC ' I._ / R RD. e s�ti E¢YOND .,\ MONTEREY C i LA s i2. ti`DE C = )Br �� CG�p' KYLLO E LA. U r toir ��' • 142 RED ROBIN LA FLAMINGO rtcc � J ▪ 143. GREY DOVE DR DR. slop DO( I'/ x/ j 77 . \;i,\ Ep�G \. HAZEL i/ �p t, \, RD: , /� f ' SILVER BELL 10/ \ v : I RD./' �;";.%i .I t; si . 1 : //i t/ ,--e-\ i • • �gi•� ',. 0�' pP OR /. ap? \`` / i a rte' 1. r. a qR O i---�4f !jr P.0 tiEl 'AGE I, i/ m • z/ 41 m \ // GOLD •'7 m PT. GOLD 4g/ W\ DR slop e .ILVER ! BELL s I y • rR g \G Zi `4 CR t c� c Jet- os •cst \/,f2° �/ /ii /// 9T. METCALF LA LEGEND XX = ALL VEHICLES (XX) = TRUCKS = TRAFFIC SIGNAL = SIDE -STREET STOP a 4 : GLENFstx, s CT. DIFFLEY COV? E� m\ P ACE \ 't PT. .J, ARNE AN_ 1 LA. LA. t :r !a W t ,, IJS i). 1, • 'R/ A.K LA. e II + /// /. 1 I SRF CONSULTING GR RIDGE • < ! O CIR. II G =i UP, INC. SRF NO 0003908 SHALE T!MB ER )GER rpm••, 1' b m n • gTy; J �1oJ njN .VAS m RIDGE EXI FOX LA . NE- c✓> LA. I ! � �T // E I GR-_,........ C ! 3'.' Z' / ' DF I V---- KYLE Wtv / ,e,.,' m ' WI• -- ,)1 ��'.-! Vii; Q,—DR. 1 By i--fi ag 170.�� ` C, \ ?E �''� Cir .mo0.i �,7z. ;2,�' °, i`- _ ;—f CITY OF EAGAN ▪ PEAK HOUR TRAFFIC VOLUMES CEDAR INDUSTRIAL PARK TRAFFIC STUDY FIGURE 3 Thomas Colbert, P.E. -8- October 10, 2000 During the truck counts, special attention was given to observing whether or not trucks were interfering with the operations of the subject intersections. Observations at the intersection showed that during the p.m. peak, left turning vehicles were queued beyond the driveway for Silver Bell Commons and Silver Bell Business Center, almost to the intersection of Silver Bell Road and Kennebec Drive. The queue did not appear to be a result of truck traffic. however, there were instances where the green time for vehicles turning north from Silver Bell Road to TH 13 was not sufficient for all the vehicles in the queue, due primarily to a truck attempting to make this turn. Other observations included numerous stop sign violations by passenger vehicles at the Silver Bell Road,'Kennebec Drive intersection. Drivers of passenger vehicles were able to see traffic on Silver Bell Road without coming to a complete stop. The truck drivers always came to a complete stop, but then at times experienced difficulty maneuvering the turn before a car entered the intersection on Silver Bell Road. Another issue related to the Silver Bell RoadiTI-1 13 intersection is the two driveways located just west of TH 13. These driveways are approximately 270 feet from the intersection and there were instances when southbound vehicles at the TH 13/Silver Bell Road intersection would queue past these driveways, making it difficult for vehicles to exit. The other intersections where manual truck counts were performed experienced fewer trucks than the Silver Bell Road/Kennebec Drive intersection. Two of the major concerns at these intersections relate to the safety of vehicles turning onto TH 13. This segment of TH 13 is 55 mph, and larger trucks are typically not able to accelerate to highway speeds in the limited amount of distance available. Car Traffic The proposed development site is located in the northwest quadrant of TH 13 and Silver Bell Road, immediately northeast of the TH 13/TH 77 interchange. The surrounding area consists of light industrial, office and warehouse land uses. There is also a private elementary school, approximately 15 single-family homes and three apartment buildings located to the south of the development site. There are two primary roadways that provide access to the proposed site, TH 77 and TH 13. TH 77 is classified as a north -south principal arterial and serves as one of the primary Minnesota River crossing routes for traffic between the southeast suburbs and the west side of the metropolitan area. TH 13 is classified as a minor arterial -reliever to I -35E and runs southwest -northeast along the west side of the City of Eagan. /Yd Thomas Colbert, P.E. -9- October 10, 2000 Traffic operations for existing a.m. and p.m. peak hour conditions were analyzed at the following key intersections: • TH 13 and Silver Bell Road • Silver Bell Road and Kennebec Drive • TH 13 and Seneca Road • TH 13 and Shawnee Road • TH 13 and Blackhawk Road Current traffic controls include signalization at the TH 13/Silver Bell Road intersection. The Silver Bell Road/Kennebec Drive, TH 13/Seneca Road, TH 13/Shawnee Road, and TH 13/Blackhawk Road intersections all have side -street stop control. A traffic signal is scheduled to be installed at the TH 13/Blackhawk Road intersection in late summer/early fall of 2001. The existing geometrics at the TH 13/Shawnee Road intersection will be modified to right-in/right-out only access as part of the current construction on TH 13. A traffic operations analysis was conducted for the a.m. and p.m. peak hours of the adjacent street traffic at each of the key intersections to determine how traffic currently operates within the project area. Capacity analysis results identify a Level of Service (LOS) that indicates the quality of traffic flow through an intersection. Intersections are given a ranking from LOS A through LOS F. LOS A indicates the best traffic operation, with vehicles experiencing minimal delays. LOS F indicates an intersection where demand exceeds capacity, or a breakdown of traffic flow. LOS A through D are generally considered acceptable by drivers. LOS E indicates that an intersection is operating at, or very near its capacity, and that vehicles experience substantial delays. All intersections were analyzed using Synchro and SimTraffic to model and simulate the intersection operations. Results of the analysis are shown in Table 4 for the key intersections with existing traffic controls and geometric layout. Table 4 Existing Capacity Analysis INTERSECTION LEVEL OF SERVICE A.M. Peak P.M. Peak TH 13/Silver Bell Road E C Silver Bell Rnad/ipnehec Road* A/C A/B T1-1 13/Seneca Road* A/F A/F TH 13/Shawnee Road* A/F A/F TH 13/Blackhawk Road* A/F A/F * Indicates an unsignalized intersection. The overall level of service is shown followed by the worst approach. "i/ Thomas Colbert, P.E. -10- October 10, 2000 Results of the analysis shown in Table 4 indicate that the intersection of TH 13 and Silver Bell Road currently operates at an unacceptable level of service during the a.m. peak hour, with motorists experiencing significant queuing and delays. Also shown in Table 4, all unsignalized intersections currently operate at an overall LOS A, with the side street approaches operating poorly. The traffic operations at an unsignalized intersection with side -street stop control can be described in two ways. First, consideration is given to the overall intersection level of service. This takes into account the total entering traffic volume into the intersection and the capability of the intersection to support these volumes. Second, it is also important to consider the level of service on the side -street approach. Since the mainline does not have to stop at an unsignalized intersection that has side -street stop control, the majority of intersection delay can be attributed to the side -street approaches. It is typical of intersections with high mainline traffic volumes to experience high levels of delay (poor level of service) on the side -street approaches, but an acceptable overall intersection level of service during peak hour periods. As shown for the unsignalized intersections along TH 13, the poor side -street level of service can be attributed to a low number of available gaps in the TH 13 traffic stream caused by high speeds and vehicular volume on TH 13. Proposed Development The proposed Space Center development would be include a 175,000 square feet building on a currently vacant site of 14.9 -acres (see Figure 4: Proposed Site Plan). It is anticipated that this building will be approximately 30 percent office space and 70 percent warehouse. The proposed facility will contain approximately 80 dock doors for loading and unloading trucks. Truck traffic generated by building occupants will mainly be in the form of freight deliveries. The majority of employees at the proposed site would be office personnel, most of whom will work typical business hours. At the current time, tenants of the proposed facility are expected to utilize a variety of vans, straight trucks and semi -trailers. The proposed building is expected to have more office space and fewer truck terminals than the existing Space Center building located at the Minneapolis—St. Paul International Airport. The tenants of the existing Space Center building are not expected to transfer all of their facilities to the new building. Therefore, it is currently uncertain who will occupy the proposed building when it is planned to open in the late summer of 2001. However, the truck traffic generated by the proposed development is expected to be consistent with the existing industrial facilities along Kennebec Drive. Thomas Colbert, P.E. -12- October 10, 2000 The Silver Bell Commons building in the northwest quadrant of the TH 13/Silver Bell Road intersection is currently 30 percent occupied. The building was assumed to be fully occupied as part of this study. As shown in Table 5, tripgeneration estimates were developed for the proposed development and the vacant space available in the Silver Bell Commons building. Trip generation estimates were calculated for full build -out of the proposed Space Center building as well as the Silver Bell Commons building. Trip estimates were calculated for the daily, a.m. and p.m. peak hours of a typical weekday based on information from the 1997 ITE Trip Generation Reports. Table 5 Proposed DevelopmentNacant Adjacent Property LAND USE TYPE SIZE (Sq. Ft.)/Units DAILY A.M. PEAK HOUR P.M. PEAK HOUR Average Rate Total Trips Average Rate Trips In Trips Out Average Rate Trips In Trips Out Space Center Air Cargo Office 56,000 11.01 616 1.56 77 10 1.49 14 69 Warehouse 119.000 4.96 590 0.45 44 10 0.51 15 46 Total 175,000 1,206 121 20 29 115 Silver Bell Commons Business Park ") 164,500 12.76 2,099 (2) 197 38 (3) 53 179 The Silver Bell Commons building (235,000 square feet) is currently 30% occupied. Trips generation estimates were calculated based on the remaining 70% (164,500 square feet) of gross floor area. (2' Trips were estimated using the fitted curve equation: LN(T) = 0.982 LN(X) + 0.450 (3' Trips were estimated using the fitted curve equation: LN(T) = 0.915 LN(X) + 0.782. TRAFFIC FORECASTS Completion of the Space Center development is expected during the summer of 2001. Traffic forecasts were developed for full -build conditions for the year 2002 (one year after opening), and future year 2010. Background traffic was calculated using a one -percent yearly growth rate. Included in the 2010 background traffic volumes are trips generated by the redevelopment of the Cedarvale area, as shown in the Cedarvale Traffic Study dated September 25, 2000. /9-e/ Thomas Colbert, P.E. -13- October 10, 2000 The trip generation estimates for the proposed development summarized in Table 5 were assigned to adjacent roadways using the directional distribution shown in Figure 5. These distribution percentages were developed based on the regional distribution of households and employment, as well as existing travel patterns in the study area. The 2002 a.m. peak hour and p.m. peak hour combination of background traffic and trips generated by the proposed Space Center and Silver Bell Commons developments are displayed in Figure 6. The 2010 a.m. peak hour, p.m. peak hour and daily combination of background traffic (Cedarvale Redevelopment trips and one -percent yearly growth) and trips generated by the proposed Space Center and Silver Bell Commons developments are displayed in Figure 7. / 96' 7/,„ -• / < 13.... 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SRF NO 000390S CITY OF EAGAN CTIONAL DISTRIBUTION CEDAR INDUSTRIAL PARK TRAFFIC STUDY FIGURE t `\ i \ HAZEI'' /,-:. , r \\ RD / x� SILVER BELL \ \ 1 RD ...„.„,./.....,..:".,::: ii �,. x•' n \ { & 1s i . t / �`'\� `\ �-- �j•/• 4(?,' \\"4 ,-„,(•” 1 `� , // oma' �' ' N CHELSEA 7 C7. /DI ER j/ T V' RD.�`•✓i' /r----- 'L %%�� i'. y � v 'o� .. ' i'' GOLD ,K G� /': pE` �J�/ DR. .P/„..' /' l+i �Q,,f4/,/ ,8 � EY� i ^� \•, > iii,: C' ��/tea SIBLEY ' \ '' '. a ' c.„,_ �/, j VI , r— t 1 F[ A/cr- iii' I INATa LILLY / i� I LA / i., C EcsDe _1 LVER ' BELL - % l - C ci oc'• e 4. • T,q vai ,v Sj- \��c CR SR lq'`� T CON? E5 P ICE \` ARNE, LI AJ` LA II- W- .a SJ�w RJ' „ma. J CNfN--1 (�\ ran my a �,til N� 1 5.! i PTLi CA. JADE < • //7 \, '1 112 gr' LEGEND XX = A.M. PEAK (XX) = P.M. PEAK = TRAFFIC SIGNAL = SIDE -STREET STOP) iPMJNK C TIMBE tj ,TIME ER )GER TQ ' a• cr RIDGE < a O I i FOX RIDGE CR. SHALE ! LA 1 Z+ 1 16T.KYLE YY4Y 171. �/ ' % DR U �� '_ 170.x:\O �;'i�' FL>•c"; CONSULTING GROUP, INC. CITY OF EAGAN BUILD TRAFFIC VOLUMES FIGURE 6 SRF NO. 0003908 CEDAR INDUSTRIAL PARK TRAFFIC STUDY KYLLO ER:04.7::>,\ •• DIFFLEY IPMUNK C LEGEND XX = A.M. PEAK (XX) = P.M. PEAK {XX} = AVE. DAILY TRAFFIC = TRAFFIC SIGNAL e = SIDE -STREET STOP CONSULTING GRour, INC. CITY OF EAGAN BUILD TRAFFIC VOLUMES FIGURE 7 SRF NO. 0003908 CEDAR INDUSTRIAL PARK TRAFFIC STUDY Thomas Colbert, P.E. -17- October 10, 2000 The traffic volumes on Blackhawk Road west of TH 13 do not include the Kennebec Drive connection to the Blue Cross Blue Shield parking lot. The daily traffic volumes estimated for 2010 are consistent with the 2020 daily traffic volume forecasts in the Eagan Transportation Plan, with the exception of Silver Bell Road west of TH 13. The transportation plan volumes are based on generalized access and large zones. Any time specific land uses and access locations are known, it is reasonable to use the traffic study volumes rather than the transportation plan volumes assuming the general roadway requirements are consistent. Future Traffic Operations Analysis To determine how well the existing roadway system will accommodate the proposed Space Center development, a traffic operations analysis was conducted for the a.m. and p.m. peak hours for year 2002 and 2010 for the key intersections previously listed. The driveway to Silver Bell Commons on the north side of Silver Bell Road is approximately 270 feet west of the TH 13/Silver Bell intersection, resulting in eastbound queued vehicles restricting left -turn movements from the driveway during peak traffic periods. Restricting the driveway to right-in/right-out only with a right -turn lane is recommended as development occurs due to the close spacing. The intersection of Silver Bell Road/Kennebec Drive was analyzed assuming a right-in/right-out only at the Silver Bell Commons driveway as a worse case scenario. Table 6 summarizes the year 2002 analysis results. Table 6 2002 Intersection Capacity Analysis — Full Build INTERSECTION LEVEL OF SERVICE A.M. Peak P.M. Peak TH 13 and Silver Bell Road(1) E (D) E (D) Silver Bell Road and Kennebec Road* A/C B/C TH 13 and Seneca Road* A/F A/E TH 13 and Shawnee Road*(2) A/A A/B TH 13 and Blackhawk Road*(3) A B * Indicates an unsignalized intersection; the overall intersection LOS shown followed by the LOS of the worst approach 0) LOS with existing traffic control and geometries shown followed by LOS with recommended improvements in parenthesis (2) This intersection will be restricted to right-in/right-out only movements prior to 2002. (3) The installation of a traffic signal and additional geometric improvements are planned at this intersection prior to 2002. /y9 Thomas Colbert, P.E. -18- October 10, 2000 The results of the 2002 analysis shown in Table 6 indicate that the intersection of TH 13 and Silver Bell Road would operate at an unacceptable level of service during the a.m. and p.m. peak hour with existing traffic control and geometrics. However, with the recommended improvements described below, the intersection is expected to operate at an acceptable level of service D during both peak hours: • Northbound and southbound dual left -turn lanes are recommended on TH 13 at Silver Bell Road to provide an acceptable level of service during the a.m. peak hour in 2002. The northbound dual left -turn lanes should extend approximately 350 feet to provide adequate storage for queuing vehicles. • Eastbound left -turn lane is recommended on Silver Bell Road to reduce queuing and provide an acceptable level of service during the p.m. peak hour in 2002. The results of the 2010 intersection capacity analysis are summarized in Table 7. Table 7 2010 Intersection Capacity Analysis — Full Build INTERSECTION LEVEL OF SERVICE A.M. Peak P.M. Peak TH 13 and Silver Bell Road"' F (D) F (D) Silver Bell Road and Kennebec Road ATE BD TH 13 and Seneca Road A/F A/F TH 13 and Shawnee Road A/A A/B TH 13 and Blackhawk Road A B 0) LOS with 2002 recommended traffic control and geometrics shown followed by LOS with recommended improvements in parenthesis With the following improvements, the level of service at the Silver Bell Road/TH 13 intersection is expected to improve from LOS F to D during the a.m. and p.m. peak hours: • The Cedarvale Traffic Study recommended an additional westbound -shared through/left-turn lane on Silver Bell Road at TH 13 to reduce vehicle queuing between closely spaced intersections. The intersection will operate at LOS D with this improvement; however, existing split phasing would have to remain for future conditions. An option to further improve capacity and eliminate the split phasing is to provide an additional left -turn lane and an additional through lane. This approach would consist of dual left -turn lanes, two through lanes and a right -turn lane on the east approach of Silver Bell Road. Thomas Colbert, P.E. -19- October 10, 2000 • An additional eastbound right -turn lane is recommended on Silver Bell Road at TH 13. This improvement would provide capacity for the heavy right -turn and reduce vehicle queuing that could impact the operations of the driveways immediately west of the intersection of Silver Bell Road and TH 13. An additional left -turn lane is also recommended to provide consistency with the east approach of Silver Bell Road. This approach would consist of dual left -turn lanes, a through lane and dual right -turn lanes. /5/ Thomas Colbert, P.E. -20- October 10, 2000 Roadway Alternatives In addition to the intersection analysis, two roadway design alternatives were reviewed to address the concern for truck related traffic impacts to Silver Bell Road. The alternatives are designed to separate industrial traffic with origin/destination to and from Kennebec Drive from non -industrial traffic traveling on Silver Bell Road. The alternatives were analyzed for 2010 conditions to represent a worse case scenario. The analysis of the roadway design alternatives also include recommended access restrictions for the Silver Bell Commons driveway located west of the intersection of Silver Bell Road and TH 13. The following are the roadway design alternatives that were examined: Alternative 1 — Alternative 2 — Kennebec Drive is modified to a southbound one-way road north of Silver Bell Road (right -in only), and the Silver Bell Commons driveway is also restricted to right -in movements only. A cul-de-sac is constructed on Kennebec Drive north of Silver Bell Road, and the Silver Bell Commons driveway is removed. The access restrictions imposed on the Kennebec Drive approach are also recommended at the Silver Bell Commons driveway to eliminate the possibility of traffic cutting through the parking lot between Silver Bell Road and Kennebec Drive. Based on the examination of the alternatives, the following comments are provided for consideration: • There are three intersections impacted by the roadway design alternatives, TH 13/Silver Bell Road, TH 13/Blackhawk Road and TH 13/Seneca Road. • Under the existing roadway geometrics, a large northbound left -turn is projected at the Silver Bell Road TH 13 intersection during the a.m. peak period due in part to the Space Center and Silver Bell Commons developments. During the p.m. peak hour, the return movement for these trips is the eastbound right -turn on Silver Bell Road at TH 13. Due to limited gaps in the TH 13 traffic stream, dual right -turn lanes would be required to store queued right -turn vehicles in 2010. • Under Alternatives 1 and 2, the dual eastbound right -turn lanes required under 2010 conditions are no longer recommended. A portion of the heavy eastbound right -turn volume in the p.m. peak hour at TH 13/Silver Bell Road are expected to divert to the Seneca Road/TH 13 intersection. The increase in eastbound right -turn volume at this intersection causes the intersection to operate at an unacceptable level of service during the p.m. peak hour. No minor geometric improvements are available to accommodate the heavy right -turn at this intersection. /s 2 Thomas Colbert, P.E. -21- October 10, 2000 • Alternative 2 redistributes a portion of the heavy northbound left -turn volume during the a.m. peak hour to a through volume at the TH 13/Silver Bell Road intersection. A heavy uncontrolled left -turn volume is then created at the TH 13/Seneca Road intersection. The heavy northbound left -turn and southbound right -turn volumes result in an unacceptable level of service at the TH 13/Seneca intersection during both the a.m. and p.m. peak hours. No minor geometric improvements are available to accommodate the heavy turns at this intersection. The Minnesota Department of Transportation (MnDOT) plans to restrict this intersection to right-in/right-out only if an operations problem arises. • Operation of the Silver Bell Road/Kennebec Drive intersection is improved under both alternatives. • An additional signalized intersection on TH 13 will exist at Blackhawk Road for the control of turning vehicles entering/exiting the Cedar Industrial Park. However, the distance between this intersection and the Space Center and Silver Bell Commons developments makes it unlikely that a significant number of passenger vehicles to/from the south would i! :1-:gly utilize it. An additional alternative for deterring truck traffic on Silver Bell Road is to post signs that restrict truck traffic. Truck traffic could be routed from the parking lots to the Blackhawk Road and TH 13 intersection, which will soon be signalized. This intersection is expected to operate at LOS B, and would be capable of handling the diverted truck traffic. The intersection operations would remain acceptable under this alternative because only the truck traffic would be diverted, leaving the passenger car traffic at the Silver Bell Road/Kennebec Drive intersection. The difficulty with this alternative, however, is in the enforcement of the signs. Summary and Conclusions Based on this traffic study, it is expected that the adjacent street system can accommodate the proposed Space Center and adjacent developments in the year 2002 with the following recommended improvements: TH 13 and Silver Bell Road • Dual left -turn lanes on the north and south approaches of TH 13. • A left -turn lane on the west approach of Silver Bell Road. Thomas Colbert, P.E. -22- October 10, 2000 The following improvements are recommended to accommodate year 2010 traffic volumes: TH 13 and Silver Bell Road • Dual left and right -turn lanes on the west approach of Silver Bell Road. • An additional left -turn lane and through lane is recommended on the east approach of Silver Bell Road to provide capacity and eliminate the split phasing. This approach would then consist of dual left -turn lanes, two through lanes and a right -turn lane. If split phasing is acceptable, the intersection would operate at an acceptable LOS with only the addition of an additional through lane as stated in the Cedarvale Traffic Study. A review was performed of potential roadway alternatives designed to reduce the impacts of trucks at the Silver Bell Road/Kennebec Drive intersection. Two of the alternatives involved restricting access on Kennebec Drive at the Silver Bell Road/Kennebec Drive intersection. These alternatives are expected to cause traffic to divert to the TH 13/Seneca Road intersection, thereby resulting in unacceptable levels of service at this intersection. Using signs to route the truck traffic from the Silver Bell/Kennebec Drive intersection to the TH 13Blackhawk Road intersection could reduce the truck impacts at the Silver Bell/Kennebec Drive intersection while not creating unacceptable impacts elsewhere. Russ Matthys From: Teresa Pojman Sent: Wednesday, October 11, 2000 8:16 AM To: Russ Matthys Subject: FW: Re Space Center/Air Cargo, Inc. Who should get this? T Original Message From: BAmdahl@aol.com [mailto:BAmdahleaol.com] Sent: Tuesday, October 10, 2000 7:04 PM To: webmaster@ci.eagan.mn.us Subject: Re Space Center/Air Cargo, Inc. To the City Council: It is my understanding that the council will be considering granting permission for the above company to locate its facility near Silver Bell Highway 13. Further, it is my understanding that the relocation could put an additional 800 to 1000 cars and/or trucks on the roads in that area. I live in that area and now spend considerable time entering highway 13 each day. I realize that the road is being widened to four lanes which should help some but I believe that to bring that much additional traffic would be pushing the envelope far too much. It is good to get additional tax base but we must have balance and I believe we are going too far on this one. I urge a no vote unless my facts are incorrect Sincerely, Bert J. Amdahl Resident of Eagan Virginia Discenza From: Dueltgen [dueltgen@visi.com] Sent: Thursday, October 12, 2000 5:15 PM To: citycouncil@ci.eagan.mn.us City Council Members: I strongly urge you not to approve the large freight depot under consideration in the Silver Sell/Hwy 13 area. Our housing values in that part of town are going to drop significantly enough with the opening of the new airport runway. Have you considered the negative impact this volume of truck traffic would have on the redevelopment you have planned for the Cedarvale area? Or are you giving up on redevelopment and quality of life in the southwestern part of town? I hope you are not intending to just abandon us to the planes and trucks. While I am concerned about the resale value on my home, I believe there is also a larger issue of public safety and city image. Thank you for your consideration - Lois Dueltgen 1855 Merlot Curve 651-905-9475 Agenda Information Memo October 17, 2000, Eagan City Council F. FINAL SUBDIVISION (WALDEN HEIGHTS 2" ADDITION) — CEDAR WOOD DEVELOPMENT, LLC ACTION TO BE CONSIDERED: To approve a Final Subdivision to create 17 single-family lots, on 8.36 acres located south of Walden Drive and west of Richard Lane in the NE 1/4 of Section 33. FACTS: • The Council approved the preliminary subdivision on October 20, 1998, and a one-year extension of the preliminary subdivision was approved on October 5, 1999. • All documents have been signed and are in order at the regular meeting of the City Council. ISSUES: • The preliminary subdivision approval for Walden Heights 2"d Addition included a condition that reads "City staff shall work with the developers of Walden Heights 2nd Addition and of the adjacent Pinetree Pass subdivision to acquire a combined 10 foot trail easement along the western edge of Lot 11, Block 1 for the purpose of a potential trail connection to the south." Cedar Wood Development has upheld their portion of this condition by granting a 5' trail easement along the west edge of Lot 11 within Walden Heights 2"d Addition, however city staff has been unable to obtain the corresponding 5' easement on the adjacent property from Lundgren Brothers. • In late winter of 1999 and again earlier this month, City staff contacted the developer of the adjacent Pinetree Pass development (Lundgren Brothers) about providing a 5' trail easement pursuant to the conditions of the preliminary subdivision approval for Walden Heights 2"d Addition. • In response to the city's request in 1999, Lundgren Brothers' engineers looked at the proposed trail location and advised Lundgren that the topography in that location is steep and they feel that it is a poor location for a trail and that the City should look for another location for a trail. • Earlier this month, David Hinners of Lundgren Brothers sent the City another letter, along with copies of past correspondence on this issue, again declining to provide the easement and suggesting that the City seek "a more suitable location" for a future trail connection to the south. This correspondence regarding this issue is attached for the Council's information. ATTACHMENTS: Final Plat, page Correspondence from Lundgren Brothers, pages /5Dthrough /� F- LU W • :.M..NW. _..rOm* 17IMS 113A03 111083.1. Vow) NO11g0V our StH0t3H N701YM i 1 t • 9 1 v¢ /58' Phone 952.473.1231 Fax 952.473.7401 935 East Wayzata Boulevard Wayzata, Minnesota 55391 Builder License No. 0001413 LunBROSdgren Your Neighborhood Builder October 4, 2000 Mr. John Gorder City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: PINETREE PASS -Future Trail Easement Dear John: RECEIVED I am responding to your telephone call to me this afternoon regarding a proposed trail easement on a lot in the Pinetree Pass development. As I mentioned to you, I would look into the issue. This is what I recall: 1. I attended a Planning Commission meeting wherein SKS, Inc. Parkbrook Properties were presenting a preliminary plat for a subdivision just east and adjacent to Pinetree Pass. At that meeting, representatives of SKS, Inc. Parkbrook Properties suggested a trail easement on the common line between our two properties. I had not been contacted or advised of this trail easement suggestion prior to it being said. I commented to the Planning Commission (the minutes should reflect this) that Lundgren Bros. was totally unaware of any trail link in this location and would withhold agreeing to this until we could study it further. 2. On February 26, 1999, I received a letter from CJ Lilly, City of Eagan Parks Department, in which a request for a 5' trail easement is made. The location suggested was "Lot 11, Block 1 of Pinetree Pass". This lot was subsequently platted as Lot 11, Block 2, Pinetree Pass 6th Addition. See Exhibit 1 for a copy of the 2/26/99 letter. 3. On April 22, 1999, I requested our engineers Sathre-Bergquist, Inc. to review the easement request. Their review indicated that the suggested location was a poor location for a trail. See Exhibit 2 for the Sathre- Bergquist response. 4. On April 27, 1999, I sent a letter to CJ Lilly, with the Sathre-Bergquist response attached, suggesting that we meet on the site to review the proposed trail location. See Exhibit 3 for a copy of my letter dated 4/27/99. 5. On April 29, 1999, CJ Lilly and myself met on the site to review the proposed trail location site. 1 recall CJ stating that the proposed location was not good for a trail, too much grade and it would require a utility relocation. I further recall CJ saying that the residents could walk down the street to the sidewalk in order to get to the Lebanon Hills Park. I recall that we agreed to drop the subject. Regretfully, I did not document that meeting by letter. As there were no further discussions about it and there was no obligation to provide any such trail easement in the Development Contract for Pinetree Pass 6th Addition, no trail easement was planned or provided. We would request that the City Parks Department look for a more favorable location for a trail link, if one is still needed. Thank you for your time in this matter. Should there be any questions, please let me know. Sincerely, LUNDGREN BROS. CONSTRUCTION, INC. David A. Hinners • CITY OF EAGAN 6516814612 04/21 '99 02:47 N0.137 02/02 g X t I 1 )-r city of cogen February 26, 1999 Lundgren Bros. Attn. Mr. Dave Hinners 935 E. Wayzata Blvd. Wayzata, Mn. 55319 Dear Mr. Hinners, PATRICIA E. AWADA Moyer PAUL BAKKEN BEA BLOMOUIST PEGGY A. CARISON SANDRA A. MASIN Courcll Members THOMAS HEDGES City AdmlrlIWglor E. J. VAN OVERBEKE C1ty Clerk The purpose of this letter is to request a trail easement. The proposed easement would be located along the east 5 feet of Lot 1, Block 11 of Pinetree Pass; in the Stonecliff Development. A 5 foot easement is also requested of the adjacent development, Lot 11, Block 1 of Walden Heights 2nd Addition, SKS, inc., Parkbrook Properties. This would provide a total trail easement width of 10 feet. During meetings with the neighborhood and at the Advisory Parks Commission, residents have voiced their concern for a trail connection to enhance recreational opportunities. The proposed 10 foot easement would provide just enough space for a trail corridor to gain access to the south and eventually connect to trails in Lebanon Hills Regional Park. The city parks department would appreciate Lundgren Brothers consideration on this issue. Please call me at 651-681-4665 or write me with your decision. I will pass on your comments to staff and the Eagan Parks Commission. Sincerely, C.J. L - Landscape Architect / Parks Planner MUNICIPAL CENTER 383: PILOT KNOB ROAD EAGAN, MINNESOTA 55122.1697 PHONE. (651) 681.4600 FAX: (651) 681 -461 2 TOD: (051) 46g-8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity Employer /6/ MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA .55122 PHONP: (661) 681.430 FAX: (051) 681.4360 TDO (.,51) 454-8535 Apr 22 99 04:29p (612) 476-0104 p.1 SATHRE - BERGQUIST, INC. 150 SOUTH BROADWAY WAYZATA, MINNESOTA 55391 FACSIMILE TRANSMITTAL SHEET TO: FROM: David Finners Bob Payettc COMPANY: LBC DATE April 22, 1999 FAX NUMBER TOTAL NO. OF PAGES INCLUDING COVER 1 PHONE NUMBER: PHONE NUMBER: 476-6000 RE: PAX NUMBER PINETREE PASS LOT 1 BLOCK 11 476-0104 0 URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NOTES/COMMENTS: David, I looked at the proposed trail easement location along lot 1 block 11 Pinetree Pass and do not believe it is a very feasible location for a trail. The topography rises approximately 16 feet in a distance of 120 feet and there is a buried phone line located along this property line. The grading for a 50/0 handicap accessible trail would be very difficult if the cable wasn't there and impossible if the cable isn't relocated or lowered. The City should look for another location. JC2 • • Phone 612.473.1231 Fax 612.473.7401 935 East Wayzata Boulevard Wayzata. Minnesota 55391 Builder License No. 0001413 Wadies" /10 Lundgren Your Neighborhood Builder Exf+«rr 3 April 21, 1999 Mr. C.J. Lilly Eagan Parks Department City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: PINETREE PASS -Future Trail Easement on Lot 1, Block 11 Dear Mr. Lilly: I am responding to your letter to me dated February 26, 1999. In that letter you are requesting that Lundgren Bros. grant a 5' wide easement for a future trail Zink to the Lebanon Hills Regional Park. I sent your letter to our engineers, Sathre-Bergquist, to analyze this request. Their response is attached. While Lundgren Bros. is not opposed to providing an easement for the City to construct a trail link to such a nice facility as the Lebanon Hills Regional Park, we should review this area more closely. We, as well as SKS, Inc. Parkbrook Properties, should meet at the site this summer and see if perhaps there would be a more favorable location for this proposed future trail. Thank you for your time in this matter. Should there be any questions, please let me know. Sincerely, LUN'' - =N BROS. CONSTRUCTION, INC. David A. Hinners Cc: Bob Payette, Sathre-Bergquist F:\USER\SHARE\LAND\EAGAN\Stonecliffe\Correspondence\City\Lilly2.doc /463 Agenda Information Memo October 17, 2000 Eagan City Council Meeting X. NEW BUSINESS A. REZONING & PRELIMINARY SUBDIVISION (PERRON ACRES) MANLEY LAND COMPANY ACTION TO BE CONSIDERED: D To approve a Rezoning of approximately 10.7 acres from A (Agricultural) to R-1 (Single Family) located east of Dodd Road and south of Coventry Parkway in the southeast 1/4 of Section 24. D To approve a Preliminary Subdivision (Perron Acres), with a variance to allow two lots less than 85 feet in width, on property located east of Dodd Road and south of Coventry Parkway in the southeast 1/4 of Section 24 subject to the conditions listed in the staff report. FACTS: D The 10.7 acre property in question currently overlays two unplatted parcels of land and is occupied by two single family residences. ➢ Approval of the subdivision as proposed will grant the applicant a variance to allow the creation of two lots less than the minimum 85 foot width requirement imposed in the R-1 zoning district. ➢ At their regular meeting on September 26, 2000, the Advisory Planning Commission held a public hearing to consider the Rezoning and Preliminary Subdivision and recommended approval of the rezoning and denial of the preliminary subdivision. ISSUES: D At the APC hearing, the Commission Members concluded that non -economic hardship had not been sufficiently demonstrated to justify approval of the requested lot width variance. ➢ Several Commission Members also expressed a need to provide a trailway link between Welland Court and the proposed cul-de-sac (unnamed). ATTACHMENTS: Minutes of the Feb ary 23, 1999 APC meeting, pages, hrough.g9 Staff report, pages/6S through /; Applicant correspondence, page ;s.e /'y Advisory Planning Commission September 26, 2000 Page 2 PUBLIC HEARINGS DRAFT REZONING & PRELIMINRAY SUBDIVISION — MANLEY LAND COMPANY Chair Heyl opened the first public hearing of the evening regarding a rezoning of approximately 10.7 acres from A (Agriculture) to R-1 (Single Family) and a Preliminary Subdivision (Perron Acres) to create 23 lots, located on the east side of Dodd Road and north of Welland Court in the SE' of Section 24. Planner Kirmis introduced this item and highlighted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Kirmis stated that the proposed 23 lot single family residential subdivision is consistent with the land use directives of the comprehensive plan and is considered compatible with existing and anticipated uses in the area. He stated that the acceptability of the area of lots 8 and 9 (in comparison to surrounding lot sizes) and the resulting lot width variance is considered a policy matter to be determined by City Officials. The applicant was not present. There were six residents who spoke expressing their concerns regarding drainage, increased traffic on Thames Avenue, the need for a stop sign on Thames Avenue, no trail connection to Welland Court and the small lot sizes along Welland Court. There being no further public comment, Chair Heyl closed the public hearing. Chair Heyl stated that she is not in favor of approving the variance, as the only indication of hardship would be economic. She also expressed concern over the lack of trail access. Member Tilley stated she is opposed to the size of Lot 8 and 9 and is concerned over possible drainage problems and the lack of trail access. Member Nosbush agreed with the other Commissioners and also stated that he is concerned over the loss of trees. Member Steininger moved, Member Nosbush seconded a motion to recommend approval of a Rezoning of approximately 10.7 acres from A (Agricultural) to R-1 (Single Family) located east of Dodd Road and south of Coventry Parkway in the southeast 'A of Section 24. All voted in favor. Member Steininger moved, Member Huusko seconded a motion to recommend approval of a Preliminary Subdivision (Perron Acres), with a variance to allow two lots less than 85 feet in width on property located east of Dodd Road and south of Coventry Parkway in the southeast 'A of Section 24 subject to the following conditions: /bs Advisory Planning Commission September 26, 2000 Page 3 DRAFT 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, 2, 3, 4, C1, 2, 3, D1, E1 2. The property shall be platted. 3. The developer shall provide an outlet pipe, in accordance with City engineering standards, from the newly constructed pond to the existing pond along the east edge of Lots 1-4, Block 5 of the Coventry Pass 2m1 Addition. 4. The existing water main stub north of Welland Court shall be connected with water main within the proposed cul-de-sac. 5. The developer shall dedicate 20 feet of slope easement along the western edge of Lots 7, 8 and 10, Block 1 to accommodate the possible future reconstruction of Dodd Road. 6. This proposal shall be subject to a cash parks dedication. 7. This proposal shall be responsible for providing an eight -foot wide bituminous trail within a fifteen -foot easement between Lots 7 and 10, Block 1 prior to building permit. 8. This proposal shall meet its tree mitigation with sixty-two (62) Category A trees or one -hundred twenty-four (124) Category B trees or two -hundred forty-eight (248) Category C trees, or an equivalent combination of the three categories. The applicant has submitted a tree mitigation plan that shows the installation of one -hundred ten (110) Category B trees to be planted on this development site. The balance of the required tree mitigation is to be fulfilled through off-site tree installation (Oak Bluffs development). 9. The proposed development plan indicates that fourteen (14) significant trees will be transplanted onsite to a holding area, then replanted, via tree spade, following construction. These fourteen trees were included on the inventory with thirty-five other trees proposed to be preserved. 10. This development shall meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 11. The stormwater pond shall be constructed to treat 8.8 acres of the site. It should contain a minimum wet -pond volume of 0.5 acre-feet and should have a minimum area of 0.25 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet and a 10:1 aquatic bench. An outlet structure acceptable to the City's Engineering Division should be installed in the treatment pond. Advisory Planning Commission September 26, 2000 Page 4 DRAFT 12. In lieu of ponding to treat stormwater from 1.9 acres of the site, a cash dedication of $3,127 shall be required. 13. Erosion control practices should be properly installed and'effectively maintained throughout the development process to prevent and minimize soil loss. A vote was taken on the motion. Motion failed 6-1. Member Kaess voted in favor, stating he felt there was indication of a hardship that would warrant the issuance of a variance. Member Segal stated he voted against the proposed subdivision due to the lack of trail connection. Member Steininger moved, Member Tilley seconded a motion to deny a Preliminary Subdivision (Perron Acres), with a variance to allow two lots less than 85 feet in width on property located east of Dodd Road and south of Coventry Parkway in the southeast 1/4 of Section 24 because the proposed lot widths do not conform to City Code, there is no trail access and there is no indication of hardship to grant a variance. Motion carried 6-1. Member Kaess opposed the denial. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 19, 2000 APPLICANT: Manley Land Company PROPERTY OWNER: Leonard Perron REQUEST: Rezoning and Preliminary Subdivision LOCATION: (SE 'A of section 24) COMPREHENSIVE PLAN: Mixed Residential (D-11) ZONING: Agriculture (A) CASE: 24 -PS -13-08-00 24-RZ-10-08-00 HEARING DATE: September 26, 2000 PREPARED BY: Bob Kirmis SUMMARY OF REOUEST Manley Land Company is requesting Preliminary Subdivision approval to allow the creation of a 23 lot single family residential subdivision entitled "Perron Acres". The proposed subdivision overlays 10.7 acres of land located east of Dodd Road and south of Coventry Parkway in the southeast 1/4 of Section 24. In conjunction with the requested preliminary subdivision, the applicant has also requested a Rezoning of the property from an A, Agriculture to an R-1, Residential Single Family zoning designation. The request also includes a Variance from the minimum 85 foot lot width requirement imposed the R-1 zoning district. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subdivision 5 states, in part that the Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for it's consideration and recommendation. /68 Planning Report — Perron Acres September 26, 2000 Page 2 Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other /69 Planning Report — Perron Acres September 26, 2000 Page 3 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 10.7 acre property in question currently overlays two unplatted parcels of land and is occupied by two single family residences. The site is presently zoned A, Agriculture and a rezoning of the property to R-1, Residential Single Family is necessary. EXISTING CONDITIONS The site has a topographic difference of nearly 70 feet from the northwest to the southeast. Mature vegetation exists along the site's north, south east property lines. As previously indicated, the property is currently occupied by two single family residences (corresponding to existing parcel configurations). A wetland exists in the extreme southeast corner of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single Family Residential; zoned R-1, Single Family Residential; guided D -II, Mixed Residential (0-6 units/acre) South - Single Family Residential; zoned R-1, Single Family Residential; guided D -II, Mixed Residential (0-6 units/acre) East - Single Family Residential; zoned R-1, Single Family Residential; guided D -II, Mixed Residential (0-6 units/acre) West - Single Family Residential; zoned PD, Planned Development and R-1, Single Family Residential; guided D -II, Mixed Residential (0-6 units/acre) EVALUATION OF REQUEST Rezoning The requested rezoning from A, Agriculture to R-1, Residential Single Family is necessary to allow this subdivision of the property. The proposed R-1 zoning is consistent with the Comprehensive Guide Plan which designates this property for D -II, Mixed Residential use (0-6 units/acre). /70 Planning Report — Perron Acres September 26, 2000 Page 4 Preliminary Subdivision Compatibility with Surrounding Area - The proposed use appears compatible with existing and anticipated surrounding land uses.The subject site is bounded on all sides by single family residential uses. The proposed addition of single family residential uses of comparable density to the area is not anticipated to adversely affect surrounding land uses. Density - A total of 23 dwelling units have been proposed upon the subject 10.7 acre property. This results in a density of 2.2 units per acre, consistent with the density of the Comprehensive Guide Plan. Subdivision Design - The proposed subdivision design responds well to various site design parameters including existing access points, vegetation and topography. Lots - Within R-1 zoning districts, a minimum lot area requirement of 12,000 is required. Lots within the proposed subdivision range from 12,021 to 27,178 square feet with an average size lot measuring 17,035 square feet in size. Thus, the minimum area requirements of the City Code have been satisfactorily met. Excepting Lots 8 and 9, Block 1, all proposed lots meet or exceed the minimum 85 foot lot width requirement. As noted previously, the applicant has requested a variance to allow two lots less than 85 feet in width. Specifically, Lot 8, Block 1 measures 83 feet in width (at the 30 foot setback line) while Lot 9 measures 80 feet in width. Considering that the referenced lots are significantly smaller than the four existing lots along Welland Court (approximately 13,300 square feet versus approximately 26,700 square feet), staff has concern in regard to lot size consistency. In this regard, it does not appear that non -economic hardship (necessary to justify variance approval) has been demonstrated. The acceptability of the proposed lot widths (and resulting lot sizes) is considered a policy matter to be determined by City Officials. Setbacks - All lots show an ability to meet minimum R-1 district setback requirements including the minimum 40 foot setback from Dodd Road. All proposed lots demonstrate an ability to comply with the aforementioned setbacks. Grading - The Preliminary Grading Plan is acceptable. The site generally slopes from northwest to southeast with elevations ranging from 900 to 830. Storm Drainage - The Preliminary Storm Drainage Plan is acceptable with modifications. Storm water runoff from the development will drain via public storm sewer system to a storm pond to be constructed in the southeast corner of the site. The pond is designed to contain standing water at all times on the Perron Acres property. During, and for a period after, large storm events, water in the pond area will extend onto Lots 1, 2 and 3, Block 1 of Conventry Pass 2°d Addition to the south. These lots were platted with drainage and utility easements dedicated to accommodate for this temporary ponding. The developer should provide an outlet pipe, in /2/ Planning Report — Perron Acres September 26, 2000 Page 5 accordance with City engineering standards, from the newly constructed pond to the existing pond along the east edge of Lots 1-4, Block 5 of the Coventry Pass 2nd Addition (Pond JP -25-1). Utilities - The Preliminary Utility Plan is acceptable with modifications. Sanitary sewer and water main are available for connection and extension throughout the development. The existing water main stub north of Welland Court should be connected with water main within the proposed cul-de-sac to provide a looped system. Streets/Access/Circulation - Public street access is available from the extension of Thames Avenue and the construction of a cul-de-sac west from Thames Avenue. Street access for Lots 8 and 9, Block 1 is proposed from Welland Court, an existing cul-de-sac east from Dodd Road. No direct access to Dodd Road is proposed. With the possible future reconstruction of Dodd Road adjacent to this site, a bituminous trail along the east side of Dodd Road is planned. The developer should construct an 8 -foot wide bituminous trail between Lots 7 and 10, Block 1 from the end of the proposed cul-de-sac to the Dodd Road right-of-way. Easements/Permits/Right-of-Way - The developer should dedicate sufficient trail easement over the required bituminous trail between Lots 7 and 10, Block 1. The developer should dedicate 20 feet of slope easement along the western edge of Lots 7, 8 and 10, Block 1 to accommodate the possible future reconstruction of Dodd Road. Water Quality - This proposed 10.7 -acre single-family subdivision is located in the City's J - watershed. As proposed, stormwater from a majority of the site (8.8 acres) will drain to the southeast into a proposed treatment pond and then onto a series of treatment ponds. The design of the water quality treatment pond would need to be according to NURP standards. A minimum, wet -pond volume of .5 acre-feet over an area of .25 acres would need to be created. The pond would have a maximum depth of 6 feet and a 10:1 aquatic bench from the normal water level. Because of the relatively flat topography southeast of this site, a standard outlet skimmer may not be feasible. An outlet structure acceptable to the City's Engineering Division would need to be installed in the treatment pond. Stormwater from the remaining 1.9 acres of this development is proposed to drain off site to the south. In accordance with City policies, the development is responsible for this stormwater through a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. Wetlands - There are no jurisdictional wetlands associated with this site. Erosion Control - In several areas of this development, the topography of the site would require proper installation and effective maintenance of erosion control practices to prevent and minimize soil loss. / 2a Planning Report — Perron Acres September 26, 2000 Page 6 Tree Preservation - A tree inventory submitted with this application indicates that there are one - hundred eighty-one (181) significant trees on site. The development as proposed will result in the removal of one -hundred thirty-two (132) significant trees (72.9% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple - lot, single-family residential) is set at 40% of the total significant vegetation. With a proposed removal greater than the allowable amount, there will be required tree mitigation for this proposal. The required tree mitigation calculates to sixty-two (62) Category A trees or one - hundred twenty-four (124) Category B trees or two -hundred forty-eight (248) Category C trees, or an equivalent combination of the three categories. The applicant has submitted a tree mitigation plan that shows the installation of one -hundred ten (110) Category B trees to be planted on this development site. The balance of the required tree mitigation is to be fulfilled through off-site tree installation (Oak Bluffs development). The proposed development plan indicates that fourteen (14) significant trees will be transplanted onsite to a holding area, then replanted, via tree spade, following construction. These fourteen trees were included on the inventory with thirty-five other trees proposed to be preserved. Fifteen significant trees, currently located within the proposed Thames Avenue right-of-way have been excluded from the applicants inventory. As is historically done, the applicant is not held responsible for the mitigation of these trees. Parks - Cash park dedication will be required for the newly created lots. For 2000, a cash park dedication fee of $1,272 per unit is required. With the potential development of a trail along Dodd Road it would be prudent to create a trail link from this development to Dodd Road. The developer should be responsible for providing a fifteen -foot easement and an eight -foot bituminous trail from the western cul-de-sac to Dodd Road. This easement would be placed between Lots 7 & 10. The easement and trail should be constructed prior to the issuance of any building permits so as not to create unrealistic expectations by future homeowners of this development. Airport Noise Considerations - The subject property lies outside of the airport noise exposure zones established by the Metropolitan Council. SUMMARY/CONCLUSION The proposed 23 lot single family residential subdivision is consistent with the land use directives of the comprehensive plan and is considered compatible with existing and anticipated uses in the area. / �3 Planning Report — Perron Acres September 26, 2000 Page 7 The acceptability of the area of lots 8 and 9 (in comparison to surrounding lot sizes) and the resulting lot width variance is considered a policy matter to be determined by City Officials ACTION TO BE CONSIDERED A. To recommend approval of a Rezoning of approximately 10.7 acres from A (Agricultural) to R-1 (Single Family) located east of Dodd Road and south of Coventry Parkway in the southeast 1/4 of Section 24. B. To recommend approval of a Preliminary Subdivision (Perron Acres), with a variance to allow two lots less than 85 feet in width on property located east of Dodd Road and south of Coventry Parkway in the southeast 1/4 of Section 24. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, 2, 3,4,C1,2,3,D1,E1 2. The property shall be platted. 3. The developer shall provide an outlet pipe, in accordance with City engineering standards, from the newly constructed pond to the existing pond along the east edge of Lots 1-4, Block 5 of the Coventry Pass 2nd Addition. 4. The existing water main stub north of Welland Court shall be connected with water main within the proposed cul-de-sac. 5. The developer shall dedicate 20 feet of slope easement along the western edge of Lots 7, 8 and 10, Block 1 to accommodate the possible future reconstruction of Dodd Road. 6. This proposal shall be subject to a cash parks dedication. 7. This proposal shall be responsible for providing an eight -foot wide bituminous trail within a fifteen -foot easement between Lots 7 and 10, Block 1 prior to building permit. 8. This proposal shall meet its tree mitigation with sixty-two (62) Category A trees or one - hundred twenty-four (124) Category B trees or two -hundred forty-eight (248) Category C trees, or an equivalent combination of the three categories. The applicant has submitted a tree mitigation plan that shows the installation of one -hundred ten (110) Category B trees to be planted on this development site. The balance of the required tree mitigation is to be fulfilled through off-site tree installation (Oak Bluffs development). /9y Planning Report — Perron Acres September 26, 2000 Page 8 9. The proposed development plan indicates that fourteen (14) significant trees will be transplanted onsite to a holding area, then replanted, via tree spade, following construction. These fourteen trees were included on the inventory with thirty-five other trees proposed to be preserved. 10. This development shall meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 11. The stormwater pond shall be constructed to treat 8.8 acres of the site. It should contain a minimum wet -pond volume of 0.5 acre-feet and should have a minimum area of 0.25 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet and a 10:1 aquatic bench. An outlet structure acceptable to the City's Engineering Division should be installed in the treatment pond. 12. In lieu of ponding to treat stormwater from 1.9 acres of the site, a cash dedication of $3,127 shall be required. 13. Erosion control practices should be properly installed and effectively maintained throughout the development process to prevent and minimize soil loss. / 9s STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obliaations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Wav 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate 'existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope • easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. / 76 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'S STANDARD.CON /97 Revised: February 2, 1993 FINANCIAL OBLIGATION Perron Acres There are pay-off balances of special assessments totaling $5,909 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. Project 779' public hearing is scheduled for October 3, 2000. 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 Storm sewer trunk USE RATE QUANTITY AMOUNT S.F. $.086/Sq. Ft. 422,124 Sq Ft $36,303 TOTAL $36,303 / 73 Location Map Eagan Boundary D Centerline Parcel Area - Building Footprint 1000 0 1000 2000 Fast Development/Developer: Perron Acres Application: Rezoning and Preliminary Subdivision Case No.: 24- ' r - • -00 and 24 -PS -13-08-00 4111Pitity of Eagan M I N N E S O T A C.r...tty Development aoparer...t Prepared using ERSI ArcVl.w 3.1. Parcel base map data provided .Mots County Land survey Department and is current as or August 2000. THIS MAP if INTENOEo FOR REFERENCE UEE ONLY The City of Eagsn and Dakota County de net guarantee the accuracy of this Infonnatlen and are net reepenslble for errors or omissions. 1 W�E Current Zoning and Comprehensive Guide Plan Perron Acres Land Use Map Case No. 24-RZ-10-08-00 and 24 -PS -13-08-00 Zoning Map Current Zoning: A Agriculture SOO • GOO Comprehensive Guide Plan Land Use Map Current Land Use Designation: D-11 Mixed Residential (0-6 units/acre) .» . ... ,1.. •..r City of Eagan caonm.rryDralopm ntDtpr*ra t rrw b...by Dakota Cannily Load 'army 7 a.prr...t at,M. I.hn.Ml.• d..1..a1a.d y Ply SUM Z'' THIS MAP I$ INTRNDID POR RIPIRINCtt Ulla ONLY The City of Rayon and Dakota County do not ,uarantoo the accuracy of lids Information. N wo114110" E S m_ NAVIN _____ _._4.__.� k ■ § r § e®0 Wo„ %" § /\k :o ■ham a\} b 8 0 0 -w 21 }� 2;-K a}}kt�§RIRw2! k■222gVIO-ar- �|-�@`§� �„=2,st s -te -d©� '© !� |-�l2` %. ,�■gs<a_pgs a -SSB” a-In- ctI!!§2Z7!!§m!g§§} a k \ $ 1 2 ! 0 f PRELIMINARY SUBDIVISION 1113 W OC1?V oryivic e'P717KS cmcsiit ,„tl•avaa".ye+4 t•s.ryvM S,yusygM.••-•ts r t1J W 1,1VS0 CO/t.M aft,an GsumoriUt <.h.+hQor 400.,\alM &•�I4•a�..^ 5 i♦ ��i 111 ^i It UTILITY PLAN POq PPCSialf4Y.mA/Y90u0M Annuls r•n/r 11 aluia8firrrrrr IMMIl rfli»l iia ii/ 8llh11IIIfallibillanl ll n al 11 0 1 l e I9 i"s ii i s R a s? rr i, 1 1 a �a 3 ! !!!a!!!!!!!!!!!r !MEM! M! 3 1 !}lyra!!!! 1 !!!! ! 1 !!!!!! 3J J!!!!!L s Is �1 imiummillim alaaaTaaaaaaaaaaaalan,:aloaaaTamunama mmaaauuual mmaa i. . L 4'4L:.4:4••L ..4' .• 44LL 1. 4:•..41..4 1 41 1 4 411.4. � � 1i1■IIi;i!1 e■17 ! rY a re a e1III U1j11IIMI111l1I11 :_ :111' ; 11. 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E PRESERVATION PLAN -4 • IfI E REFORESTATION PLAN 133 Ma ',USG C0/62/20 FY/An.{{I\IIStKI lywcp\ab. .c+hf • v + CO W•14•ESV�WWt' V F2t••AWC h uwwt NNh I.g20 O3~O 7.12 grujV O -00 00NH0_0 J§2 ho jy 15O•�0051227�4SNpp44 .102 M� BOO W DOG tO g 55 c OJz - 9 23�}> G = =a am. • _ I. ° W 835 y¢� 4J01.."1 -06,74..g.11 1 44404 41 ISMOS tgbI ging • Vt U- PRELIMINARY SUBDIVISION /S)/6 651 681 4360 10/11/00 09:55 EAGAN MTCE FAC 4 CITY HALL-DNSTRS 5514549371 FF4 160‘1") FAX NO. : 6514549371 M . NLEY a 19C M:ts CQNSIPJCIIAN, INC Dear Mayor & City Council NO.328 P001/001 Oct. 11 2000 09:28AM P1 We will be putting a bike or walking path between Dodd Rd. and our cul-de-sac so people from our development can get to the newly proposed walking path along Dodd. I understand the people on Welland Ct. want a walking path between their cul-de-sac and ours, but all they have to do is walk along Dodd and they have access through our development. The two lots on Welland Ct. at a 35' setback instead of a 30' setback meet the 85' requirement. Most cul-de-sacs have a round bulb at the end in order to get the proper set back. If they didn't have that bulb it would be hard to get the setback and my two lots don't have the bulb. We could give 5' of right away which would be the same as having that bulb and we would then meet all the requirements. The second concern with these lots is they are smaller than the other lots in Welland Ct. However, they arc the same from the front as the other lots, but the other lots have a larger back yard. People have been going to smaller lots now because of more expensive land and they want less upkeep. These houses will be more expensive and look nicer than the other houses on the cul-de-sac and will have the same size front yards. The alternative to having these two lots is to keep it as one lot and have the existing house as a rental property for some of the people who work for me. I think it would look nicer and help the value of the neighbors to put in the new houses. I missed the planning meeting, because I had a misunderstanding with Marilyn and I thought we were getting pushed back a month when in fact only the rezoning was being pushed back. If 1 would have been there to explain some of these items I'm sure the planning comunission would have passed this. All the other items go along with the city and the planning commission. If you have any questions before next Tuesday's meeting, please give me a call. I will be out of town Fri -Mon, but I can be reached Wed, Thurs., and Tuesday. Thank you, Kevin D. Manley M#6] 2-275-8722 10778 Alison Way • Inver Grove Heights. MN S5077 . BUSineSS 651-454-4933 • Mobile 612-275-8722 /32 Agenda Information Memo October 17, 2000 Eagan City Council Meeting B. PRLIMIMINARY PLANNED DEVELOPMENT & PRELIMINARY SUBDIVISION (WOODHAVEN VILLAS) — MANLEY BROTHERS CONSTRUCTION ACTION TO BE CONSIDERED: ➢ To approve a Preliminary Planned Development to allow 6 single family residential lots upon approximately 1.1 acres of land located south of Diffley Road and west of Highway 3 in the northeast 1/4 of Section 25 subject to the conditions listed in the staff report. ➢ To approve a Preliminary Subdivision (Woodhaven Villas) to allow the creation of an 6 lot single family residential subdivision located south of Diffley Road and west of Highway 3 in the northeast 1/4 of Section 25 subject to the conditions listed in the staff report. FACTS: ➢ The subject 1.1 acre property currently overlays four individual parcels of land (Lots 6 & 7 of Auditor's Subdivision # 42 and Lots 2 & 3 of Auditor's Subdivision # 43) and is vacant. ➢ The Planned Development zoning designation has been requested as a means of providing some flexibility from the City's standard R-1 requirements in order to maximize development density. Specific flexibility has been requested to accommodate lots less than 12,000 square feet in area, zero lot line setbacks and a private street system (resulting in lots without public street frontage). A primary intent of planned development is to benefit the community to a greater degree than would development of the underlying zoning district. ➢ Approval of the Preliminary Planned Development would simultaneously constitute approval of a Final Planned Development to be considered in conjunction with the Final Subdivision. ➢ At their regular meeting on September 26, 2000, the Advisory Planning Commission held a public hearing to consider the Preliminary Planned Development and Preliminary Subdivision and recommended denial. /Sg ISSUES: ➢ At the APC hearing, neighboring property owners voiced the following concerns: • Safety/traffic • Drainage • Utility service • Loss of wildlife • Property values ➢ Also at the hearing, the APC concluded that the proposed development did not satisfy the planned development criteria of the City Code. ATTACHMENTS (2): Minutes of the September 26, 2000 APC meeting, pagesthrough /9/ Staff report, pages15.) through . Advisory Planning Commission September 26, 2000 Page 9 DRAFT REZONING & PRELIMINARY SUBDIVISION — MANLEY BROS. CONSTRUCTION Chair Heyl opened the next public hearing of the evening regarding a rezoning of approximately 1.09 acres from R-1 (Single Family) to PD (Planned Development) a Preliminary Subdivision and Preliminary Planned Development (Woodhaven Villas) to create six single family zero lot line lots, located on South Robert Trail, south of Diffley Road and north of Eastwood Court in the NE '/. of Section 25. Planner Kirmis introduced this item highlighting the background/history, existing conditions and surrounding uses of the property. He stated that while the proposed 6 lot single family residential subdivision is consistent with the land use directives of the comprehensive plan, some question exists as to whether the intent of the planned development zoning designation has been fulfilled. He stated that the acceptability of the lot sizes, zero lot line setbacks and private street (associated with the planned development designation) are considered policy matters to be determined by City Officials and if approved the 14 conditions listed in the September 26, 2000 planning report should apply. The applicant was not present. One resident, representing approximately 20 others present, presented a slide presentation outlining their reasons for opposition to the proposed subdivision. Their concerns included safety, access to Highway 3, drainage, utilities, wildlife and the decrease in property values. Five other residents spoke echoing many of the same concerns plus concern over the small lot size, buffering, possible flooding. There being no further public comment, Chair Heyl closed the public hearing. Chair Heyl stated she could not see how this project would benefit the community. She also expressed concern over poor access to the site, potential drainage problems and failure to meet the requirements of the City Code. Member Segal stated he feels there is a need for zero lot line housing, but this is not the appropriate location. Member Segal moved, Member Tilley seconded a motion to recommend denial of a Preliminary Planned Development to allow 6 single family residential lots upon approximately 1.1 acres of land located south of Diffley Road and west of Highway 3 in the northeast '/. of Section 25. The Commission discussed their reasons for recommendation of denial of the project as being the possibility of drainage problems, the small lot sizes, overall poor use of the property. Advisory Planning Commission September 26, 2000 Page 10 A vote was taken on the motion. All voted in favor. DRAFT Member Segal moved, Member Tilley seconded a motion to recommend denial of a Preliminary Subdivision (Woodhaven Villas) to allow the creation of a 6 lot single family residential subdivision located south of Diffley Road an west of Highway 3 in the northeast Vs of Section 25. The Commission discussed their reasons for recommendation of denial of the project as the possibility of drainage problems, the small lot sizes, overall poor use of the property. A vote was taken on the motion. All voted in favor. The Commission took a ten minute break at 8:45 p.m. 1?/ PLANNING REPORT CITY OF EAGAN REPORT DATE: September 19, 2000 CASE: 25 -PS -08-06-00 25-RZ-04-06-00 25 -FD -10-06-00 APPLICANT: Manley Brothers Construction HEARING DATE: September 26, 2000 PROPERTY OWNERS: Manley Brothers Const. PREPARED BY: Bob Kirmis REQUEST: Preliminary Subdivision and Preliminary Planned Development LOCATION: South of Diffley Road and west of Highway 3 COMPREHENSIVE PLAN: D -II, Mixed Residential (0-6 units/acre) ZONING: R-1, Single Family Residential SUMMARY OF REQUEST Manley Brothers Construction is requesting Preliminary Subdivision approval to allow the creation of a six lot single family residential subdivision entitled "Woodhaven Villas". The proposed subdivision overlays 1.1 acres of land located south of Diffley Road and west of Highway 3 in the northeast 1/4 of Section 25. In conjunction with the preliminary subdivision request, the applicant has also requested approval of a Preliminary Planned Development (rezoning) to accommodate lot areas less than 12,000 square feet, zero lot line setbacks and a private street. Approval of the Preliminary Planned Development would simultaneously constitute approval of a Final Planned Development to be considered in conjunction with the Final Subdivision. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: Planning Report — Woodhaven Villas September 26, 2000 Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." / 9� Planning Report — Woodhaven Villas September 26, 2000 Page 3 Planned Development: Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUND/HISTORY The subject 1.1 acre property currently overlays four individual parcels of land (Lots 6 & 7 of Auditor's Subdivision # 42 and Lots 2 & 3 of Auditor's Subdivision # 43). By definition, auditor's subdivisions are considered unplatted property. The property is presently vacant. EXISTING CONDITIONS The subject property is unplatted. The site contains significant topography and mature vegetation that will influence the development of the property. The site is accessed from the east via Highway 3. No wetlands exist on the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single Family Residential; zoned R-1, guided D -II, Mixed Residential (0-6 units/acre) South - Single Family Residential; zoned R-1, guided D -II, Mixed Residential (0-6 units/acre) East - Highway 3 and City of Inver Grove Heights West - Single Family Residential; zoned R-1, guided D -II, Mixed Residential (0-6 units/acre) /9y Planning Report — Woodhaven Villas September 26, 2000 Page 4 EVALUATION OF REQUEST Planned Development The Planned Development zoning designation has been requested as a means of providing some flexibility from the City's standard R-1 requirements in order to maximize development density. Specific flexibility has been requested to accommodate lots less than 12,000 square feet in area, zero lot line setbacks and a private street system (resulting in lots without public street frontage). As previously indicated, a primary intent of planned development is to benefit the community to a greater degree than would development of the underlying zoning district. Whether or not the proposed development satisfies the planned development criteria is considered a policy matter to be determined by City Officials. Preliminary Subdivision Compatibility with Surrounding Area - The subject site is bounded on the north south and west by single family residential uses, and on the east by Highway 3. While the proposed addition of single family residential uses appears compatible with existing and anticipated surrounding land uses, some question exists as to whether the proposed density of development is compatible with surrounding land uses. Whether or not the proposed development density is compatible with surrounding land uses is considered a policy matter to be determined by City Officials. Density - A total of 6 dwelling units have been proposed upon the subject 1.1 acre property. This results in a density of 5.5 units per acre, consistent with the density of the Comprehensive Guide Plan. Lots - A total of six lots have been proposed ranging from 4,171 to 6,605 square feet in size. While the proposed development satisfies the density requirements of the Comprehensive Guide Plan, the lot sizes are significantly less than standard single family residential lots (12,000 square feet) and lot sizes in neighboring subdivisions (approximately 15,000 square feet). The acceptability of the proposed lot sizes is considered a policy matter to be determined by City Officials As previously indicated, all proposed lots are to be accessed via a private street. Details related to the proposed private street will be addressed in a latter section of this report. Setbacks - The PD zoning designation does not establish specific setback requirements. The R-1 district standards are however, considered an appropriate guideline. The following is a comparison between minimum R-1 district setbacks and those being proposed: 19.5" Planning Report — Woodhaven Villas September 26, 2000 Page 5 Note: A minimum 10 foot separation between buildings has been proposed. With the exception of the proposed side yard setbacks, all proposed setbacks comply with minimum R-1 district requirements. The acceptability of the proposed zero lot line setbacks is considered a policy matter to be determined by City Officials. As a condition of preliminary subdivision approval, the buildable area of Lot 6 (as illustrated on the Preliminary Subdivision) should be revised to account for a 20 foot private street setback along its eastern property line. Grading - The Preliminary Grading Plan is not acceptable. The existing site is moderately wooded and slopes from east to west with large variations in topography. The entire site is proposed to be graded as part of the development. The Minnesota Department of Transportation (MnDOT) has reviewed this proposal and is requiring that the private drive onto Highway 3, as part of a required access permit, be graded with 6:1 maximum side slopes. The developer is proposing to construct a 6 to 18 -foot high retaining wall, with a guard rail, in the southeast corner of the site near the entrance to Highway 3. MnDOT is also requiring that all retaining wall and guardrail construction be kept out of the Highway 3 right-of-way. Detailed plans and specifications for the retaining wall should be submitted for review and approval by the City engineering department prior to final subdivision approval for this development. Storm Drainage - The Preliminary Storm Drainage Plan is acceptable with modifications. Storm water runoff from the private drive and the townhouse units will flow to existing Pond JP -26.1 (as designated in the City Storm Water Management Plan — 1990) northwest of the site. A large area of slope on the north edge of the development is proposed to drain toward the existing house to the north (4255 South Robert Trail), where the current drainage patterns direct runoff away from the house. Drainage from this slope during large rainfall events could adversely affect this property. The developer should construct drainage swales and diversions to ensure that runoff from this slope remain within the development until it reaches Pond JP -26.1. Utilities - The Preliminary Utility Plan is acceptable. Sanitary sewer and water are available along the east edge of the site within Highway 3 right-of-way for connection by the development. /96 R-1 district setbacks Proposed setbacks Streets Highway 3 Private street 40 feet 20 feet 40 feet 20 feet Side yard 10 feet Zero lot line* Rear yard 15 feet 15 feet Note: A minimum 10 foot separation between buildings has been proposed. With the exception of the proposed side yard setbacks, all proposed setbacks comply with minimum R-1 district requirements. The acceptability of the proposed zero lot line setbacks is considered a policy matter to be determined by City Officials. As a condition of preliminary subdivision approval, the buildable area of Lot 6 (as illustrated on the Preliminary Subdivision) should be revised to account for a 20 foot private street setback along its eastern property line. Grading - The Preliminary Grading Plan is not acceptable. The existing site is moderately wooded and slopes from east to west with large variations in topography. The entire site is proposed to be graded as part of the development. The Minnesota Department of Transportation (MnDOT) has reviewed this proposal and is requiring that the private drive onto Highway 3, as part of a required access permit, be graded with 6:1 maximum side slopes. The developer is proposing to construct a 6 to 18 -foot high retaining wall, with a guard rail, in the southeast corner of the site near the entrance to Highway 3. MnDOT is also requiring that all retaining wall and guardrail construction be kept out of the Highway 3 right-of-way. Detailed plans and specifications for the retaining wall should be submitted for review and approval by the City engineering department prior to final subdivision approval for this development. Storm Drainage - The Preliminary Storm Drainage Plan is acceptable with modifications. Storm water runoff from the private drive and the townhouse units will flow to existing Pond JP -26.1 (as designated in the City Storm Water Management Plan — 1990) northwest of the site. A large area of slope on the north edge of the development is proposed to drain toward the existing house to the north (4255 South Robert Trail), where the current drainage patterns direct runoff away from the house. Drainage from this slope during large rainfall events could adversely affect this property. The developer should construct drainage swales and diversions to ensure that runoff from this slope remain within the development until it reaches Pond JP -26.1. Utilities - The Preliminary Utility Plan is acceptable. Sanitary sewer and water are available along the east edge of the site within Highway 3 right-of-way for connection by the development. /96 Planning Report — Woodhaven Villas September 26, 2000 Page 6 Streets/Access/Circulation - Street access for all six lots is proposed from a single 20 -foot wide private drive that will intersect with Highway 3 in the southeast comer of the development. The private drive is located on the inside edge of a curve of Highway 3. City staff has requested sight distance information for the drive onto Highway 3 from the developer to evaluate for vehicle turning movements exiting the development. Adequate sight distance, in accordance with MnDOT standards, is likely not available. Sufficient sight distance onto Highway 3 could likely be achieved if access were available at the northeast corner of Parcel 011-06 to the north as part of possible development combining this site with Parcel 011-06. Prior to preliminary subdivision approval, the developer should provide sight distance information for the private drive intersection with Highway 3 for evaluation by City staff and MnDOT. To minimize access upon Highway 3 and improve vehicle sight distance, consideration should be given to ultimately providing access to the subject property through the adjacent property to the north (at such time when it develops). To provide such an opportunity, the proposed private street should be stubbed to the north with a temporary turnaround at its terminus (in accordance with City engineering and Fire Department standards). At such time when the northerly property develops and alternative access is provided, 'the subject property's access to Highway 3 should then be eliminated. To ensure maintenance of the proposed private street and provide an assurance against tax forfeiture, a Homeowners Association should be formed the bylaws of which should be subject to review and approval by the City Attorney. Easements/Permits/Right-of-Way - The developer is responsible for obtaining all necessary MnDOT permits. The developer should be responsible for conditions required as part of the MnDOT permits, including the possible construction of turn and bypass lanes on Highway 3 and all grading requirements. Water Ouality/Wetlands - This proposed 1.1 -acre single-family subdivision is located in the City's 3 -watershed. Stormwater from the site will drain to the north through a series of existing ponds. Because this development is relatively small, on-site water quality treatment of stormwater is not practical. Therefore, in accordance with City policies, the development is responsible for a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. There are no jurisdictional wetlands associated with this site. Tree Preservation - A tree inventory submitted with this application indicates that there are sixteen (16) significant trees on site. The development as proposed will result in the removal of twelve (12) significant trees (75% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple -lot, single-family residential) is set at 40% of the total significant vegetation. With a proposed removal greater than the allowable /97 Planning Report — Woodhaven Villas September 26, 2000 Page 7 amount, there will be required tree mitigation for this proposal. The required tree mitigation calculates to seven (7) Category A trees or fourteen (14) Category B trees or twenty-eight (28) Category C trees, or an equivalent combination of the three categories. The applicant has submitted a tree mitigation plan that shows the installation of twenty (20) Category B trees. Parks - This development shall be responsible for a cash parks dedication and cash trails dedication. For 2000, a cash park dedication of $1,272 per lot and $168 per lot for trials is required; however, park and trial dedication shall be based on the rates in effect at the time of Final Subdivision approval. In consideration of the proposal, the Advisory Parks Commission cited concern over the proposed lot sizes. Airport Noise Considerations - The subject property lies outside of the airport noise exposure zones established by the Metropolitan Council. SUMMARY/CONCLUSION While the proposed 6 lot single family residential subdivision is consistent with the land use directives of the comprehensive plan, some question exists as to whether the intent of the planned development zoning designation has been fulfilled. The acceptability of the lot sizes, zero lot line setbacks and private street (associated with the planned development designation) are considered policy matters to be determined by City Officials. ACTION TO BE CONSIDERED A. To recommend approval a Preliminary Planned Development to allow 6 single family residential lots upon approximately 1.1 acres of land located south of Diffley Road and west of Highway 3 in the northeast 1/4 of Section 25. If approved, the following condition should apply: 1. The City shall approve the Woodhaven Villas preliminary subdivision and the developer shall satisfy all the conditions attached thereto. B. To recommend approval of a Preliminary Subdivision (Woodhaven Villas) to allow the creation of an 6 lot single family residential subdivision located south of Diffley Road and west of Highway 3 in the northeast'/. of Section 25. If approved, the following conditions should apply: /9, Planning Report — Woodhaven Villas September 26, 2000 Page 8 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1 and3,C1,2and4,D1 and El 2. The property shall be platted. 3. The buildable area of Lot 6 (as illustrated on the preliminary subdivision) shall be revised to account for a 20 foot setback along its eastern property line. 4. A minimum building separation of 10 feet shall be maintained. 5. The proposed private street shall be stubbed to the north with a temporary turnaround at its terminus (in accordance with City engineering and Fire Department standards). At such time when the northerly property (Parcel 011-06) develops and alternative access is provided, the subject property's access to Highway 3 shall be eliminated. 6. Detailed plans and specifications for the retaining wall shall be submitted for review and approval by the City engineering department prior to final subdivision approval for this development. 7. The developer shall construct drainage swales and diversions to ensure that runoff from this slope remain within the development until it reaches Pond JP -26.1. 8. Prior to preliminary subdivision approval, the developer shall provide sight distance information for the private drive intersection with Highway 3 for evaluation by City staff and MnDOT. 9. The developer shall be responsible for obtaining all necessary MnDOT permits. The developer should be responsible for conditions required as part of the MnDOT permits, including the possible construction of turn and bypass lanes on Highway 3 and all grading requirements. 10. To ensure maintenance of the proposed private street and provide an assurance against tax forfeiture, a Homeowners Association should be formed the bylaws of which shall be subject to review and approval by the City Attomey. 11. This proposal shall be responsible for tree mitigation that calculates to seven Category A trees or fourteen Category B trees or twenty-eight Category C trees, or an equivalent combination of the three categories. 12. In lieu of on-site water quality ponding, a cash dedication of $1,673 shall be required for this development. /99 Planning Report — Woodhaven Villas September 26, 2000 Page 9 13. This proposal shall be responsible for a cash parks dedication. 14. This proposal shall be responsible for a cash trails dedication. SOD STANDARD CONDITIONS OF PLAT APPROVAL Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Wav 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope • easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. ao/ 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 LTSIS STANOARO.CON Revised: February 2. 1993 o� FINANCIAL OBLIGATION Woodhaven Villas Preliminary Plat 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 fmal 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 S.F. $900/Lot 6 Lots $5,400 Water Trunk S.F. $940/Lot 6 Lots 5,640 Storm Sewer Trunk S.F. .086/Sq. Ft. 47,480 Sq. Ft. 4,083 TOTAL $15,123 0203 Location Map At,+ v�14Q�h; ��/ 1,, ;Aso ' � / I I I I l ly" 07 i);444 t.-.1A1144afAtikit*IV Ifit ill #4 o._,**,ad 4 .415.'-�G '��.n I >•� • 1%4e��a M J� mon 4r, ,1111"-Itil v Q BrP.::41eilaS3 10715RCNO1111r6S. W.A.4 1444: I El r MOM Eagan Boundary Street Centerline Parcel Area goBuilding footprint it ner7.'1'.�■1 rr • i r'Rr■ r • u_ BILA Lanaue. 0 "v rli:OGrlalOn 1111113�u aArtrrinV Vn AEI 7._k . o 113 uaE r::i�i�:.� ram ma k PI tr !ismT=-, A ti A Wil -S-;1114 IPPIr Mrlift‘Nirli`, 0:01.1)glko,G.Jt!', ii ii LAtit*,17 W,;44114411War1.1,/,›NIM, NBP .1.7),„, I cs to kite efiezzzetleA' •••VII0 ge'rt.)% 14:A.7%149 to no Ait‘ 4140.11EPILVIAltikil � :tn, mff g, ,000 0 ,000 2000 Feet Development/Developer: Woodhaven Villas Application: Rezoning, Prelim. Subdivision, Prelim. PD Case No.: 25-RZ-04-06-00, t -00, and 25 -PD -01-06-00 City of Ewan MINNESOTA C.n.n.any Development D.pa,tm.at bre bees dded End isoirnrdat Aug ZOOn THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information and an not responsible for errors or omissions. E Current Zoning and Comprehensive Guide Plan Land Use Map Woodhaven Villas Case No. 25-RZ-04-06-00, 25 -PS -08-06-00 and 25 -PD -01-06-00 Zoning Map Current Zoning: A Agriculture ••• • ••• IZM Foot Comprehensive Guide Plan Land Use Map Current Land Use Designation: D-11 Mixed Residential (0-6units/acre) GOO City of Carnesity Development Department Me hot tl1d �ka mt. z +► -=aD r lIk1U iflhll►�.. _ PF A CI1 C.a.A.H. Ile. 10 (DRLDY ROAD) .M SI MIL almar � tarlNV1- g% a3,44° Isgrall at Awl/ arm woo a 4! 11 "Als4*"sodaev 11 *A4 taw ,7I1 PF • Parcel beim wry belersialkon sooty Lewd Stymy D•Pat.w.M 1//1170. Z••rg w.trww by City wit. 2 . THIS MAF IS INTENDED FOR REFERENCE USE ONLY TM Cky of Eagan and Dakota County do not guarantee the accuracy of this Information. E 0 a. gi "810 g „N Z el< ;d o P 0 ow am azJNg • :i-1 � 900 gN O NgiNaJ-J No olg zo 4 61 OM �< lld fax 6$ 14 PRELIMINARY SUBDIVISION N 0 z 0 1s 1 En II II 11 s� h ii11111 t if 6 t S-rA,)`E TRv i �\ c 11 5 ADDI TI N r— GRADING PLAN FOUNDATION PLANTING PLAN reW 0 W 0 1 i i ;1,ii 1,ttit� 4 !iPill" 1a �,j!i;. ;` Yr' A1li�ii, �f• t1j Pik' Cali �� Ltl,lkilifi ai;i;l .� 1 ,•it H.. $ 11 11 (•f ti. 111 , LANDSCAPE PLAN , 1 2227•7.21,...2222,.. �Cyy1•Cy1NNiC i'ii2Wy.Iaw2.2277.,,. C11 WLYoN Co, CAC .( K < C � UJOO YYYYYY YYYY Fig X W X O C :JE p<<<:<<? X m 5 m R E W@'& 8 8 8 W 8 Q m a * 1 * Iola InNNNtfVNNYin oa0008oQ.V.' r•'~'ntO P P P h P P P h h h r. h h N P P. 40101010tl 100101D/0 m m m 1010.0 pep W i1...si'sR0111/1•r.1A t"rryosr.o/ vir 11100 li rath ' tpi;1,1;ithhirimilttz e�;tin. EXISTING WATERMAI 84 \v' ` ` ` A{ '72 EXISTING SANITARY EWER 8" PVC —86th —1862.4- , ---001L-4 '.._' "7"-- CD 00 tp Z NM 4.,,_.- 00 00 x03 W Q. Z = 1 ////// ;SY tv:: STCRV. j,_:: -R TREE PRESERVATION PLAN -yawn "19N00 "G0} 18 J181NVW a g 1 N es 1 • • • mid 204 BUILDING ELEVATIONS -moon 'ISNOO 'SOUS A8-1NVW a 0 41. n e n• .9 1 "scow 'I SNOO 'SOi18 A31NVW _ tt rs tk Iht t rs 1 r11 Ant T r1 g 1 040 WI O A s1Q g 1 gg 1" 4, 4.VW 11sTe V. oi o„AgA g R1213 288 INAlt RayZ� y� 1Q1 i < W C" 1 1 ODS 2NQ ADDITI Agenda Information Memo October 17, 2000 Eagan City Council Meeting C. PRELIMINARY SUBDIVISION (SAFARI AT EAGAN 3RD ADDITION) FORTUNE REALTY ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision (Safari Heights 3rd Addition) located north of Cliff Road and west of Thomas Center Drive in the southwest Vs of Section 28 subject to the conditions listed in the APC meeting minutes. FACTS: ➢ In May of this year, the City Council approved a Preliminary Planned Development Amendment and Preliminary Subdivision for 7.0 acres of land currently platted as Outlot A, Safari at Eagan 2nd Addition. The three lot development called for the construction of a 10,000 square foot restaurant, a 35,000 square foot office development (within four buildings) and a 159 stall parking lot (expansion for the Lifetime Fitness Health Club). ➢ Since such approval, the most northerly of the three lots (Lot 3) has been replatted and combined with the adjacent Lifetime Fitness parcel to the east. Thus, the land it occupied has been excluded from the subdivision proposal now under consideration. ➢ The revised subdivision also differs from the previous submission in that a base lot/unit lot arrangement has been proposed for the office building component of the project. Such lot arrangement is needed to allow the individual sale of the buildings. ➢ No changes in land use or building size/configuration from the previously approved preliminary planned development have been proposed. ➢ At their regular meeting on September 26, 2000, the Advisory Planning Commission held a public hearing to consider the Preliminary Subdivision and recommended approval subject to the conditions listed in the staff report. ATTACHMENTS (2): Minutes of the September 26, 2000 APC meeting, pages Uthroughh/ 7 Staff report, pageQkthrough 23/ ass Advisory Planning Commission September 26, 2000 Page 11 DRAFT PRELIMINARY SUBDIVISION — EAGAN 30.7C/FORTUNE REALTY Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision — (Safari At Eagan 3rd Addition) of approximately five acres to create six lots, legally described as Outlot A, Safari at Eagan 2nd Addition, located o the northwest corner of Cliff Road and Thomas Lake Drive in the W ' of Section 28. Planner Kirmis introduced this item and highlighted the background/history, existing conditions and surrounding uses of the subject property. He stated that the proposed commercial subdivision will not result in any land use or design related changes from the previously approved Preliminary Planned Development and appears compatible with existing and anticipated uses in the area. The applicant was present to answer questions from the Commission and public. There being no public comment, Chair Heyl closed the public hearing. The Commission held a brief discussion. Member Steininger moved, Member Kaess seconded a motion to recommend approval of a Preliminary Subdivision (Safari at Eagan 3rd Addition) located north of Cliff Road and west of Thomas Center Drive in the southwest' of Section 28 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1 through 4, Cl, 2 and 4, D1 and El 2. The existing 1''A" copper water service lines, that will not be utilized by this development but are stubbed to this site from Thomas Center Drive, shall be abandoned in accordance with City standards. 3. The developer shall be responsible for the necessary improvements at the Thomas Center Drive -Beacon Hill/Cliff Road intersection to provide a dedicated southbound right -turn lane, including pavement markings and signal loop detector revisions. 4. The Final Plat shall provide drainage & utility easement over Pond BP -39 up to three feet above its calculated high water level. 5. The developer shall dedicate public sidewalk easement covering the sidewalk along Thomas Center Drive. 6. The development shall be responsible for obtaining all necessary permits from regulatory agencies, including Williams Brothers Pipeline and Dakota County, prior to final plat approval. Advisory Planning Commission September 26, 2000 Page 12 DRAFT 7. An association shall be created (and recorded with the final subdivision) and Lot 2, Block 1 shall be conveyed to such association. 8. The developer shall provide evidence that Lot 1, Block 1, Life Time Fitness Addition has granted cross parking easement to Lots 2 through 6. 9. This proposal shall be subject to a cash trails dedication at the time of the first building permit. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 19, 2000 CASE: 28 -PS -15-08-00 APPLICANT: Fortune Realty HEARING DATE: September 26, 2000 PROPERTY OWNER: Eagan 30.7C PREPARED BY: Bob Kirmis REQUEST: Preliminary Subdivision LOCATION: North of Cliff Road and west of Thomas Center Road in the SW '/a of Section 28 COMPREHENSIVE PLAN: CSC, Community Shopping Center ZONING: PD, Planned Development SUMMARY OF REQUEST Fortune Realty is requesting Preliminary Subdivision approval to allow the creation of a six lot commercial subdivision entitled "Safari at Eagan 3rd Addition". The proposed subdivision overlays 4.3 acres of land currently comprising the southern two thirds of Outlot A, Safari at Eagan 2nd Addition located north of Cliff Road and west of Thomas Center Drive in the southwest 1/4 of Section 28. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: 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. SIS Planning Report — Safari at Eagan 3"a Addition September 26, 2000 Page 2 C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." 9I7 Planning Report — Safari at Eagan 3rd Addition September 26, 2000 Page 3 BACKGROUND/HISTORY In May of this year, the City Council approved a Preliminary Planned Development Amendment and Preliminary Subdivision for 7.0 acres of land currently platted as Outlot A, Safari at Eagan 2°d Addition. The three lot development called for the construction of a 10,000 square foot restaurant, a 35,000 square foot office development (within four buildings) and a 159 stall parking lot (expansion for the Lifetime Fitness Health Club). Since such approval, the most northerly of the three lots (Lot 3) has been replatted and combined with the adjacent Lifetime Fitness parcel to the east. Thus, the land it occupied has been excluded from the subdivision proposal now under consideration. The revised subdivision also differs from the previous submission in that a base lot/unit lot arrangement has been proposed for the office building component of the project. Such lot arrangement is needed to allow the individual sale of the buildings. No changes in land use or building size/configuration from the previously approved preliminary planned development have been proposed. EXISTING CONDITIONS The subject site has been previously graded and is void of any vegetation. A 100' Williams Brother's pipeline easement is located on the western half of the site. Such easement will influence site development as no structure may be placed upon it. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single Family Residential (Thomas Lake Woods); zoned PD, guided D -I South - Single Family Residential (Beacon Hill); zoned PD, guided D -I East - Lifetime Fitness Health Club and Thomas Lake Shopping Center; zoned PD, guided CSC West - Single Family Residential (Woodgate Addition); zoned PD, guided D -l1 aao Planning Report — Safari at Eagan 3"d Addition September 26, 2000 Page 4 EVALUATION OF REOUEST Planned Development - As previously indicated, no land use related changes from the previously approved Preliminary Planned Development (approved on 5/16/00) have been proposed. The approved Planned Development calls for the construction of the following: PREVIOUS LOT DESIGNATION NEW LOT DESIGNATION AREA USE 1 1 2.8 ac. 10,000 square foot, class I restaurant 2 2 6* 2.5 ac. Two 12,000 square foot office buildings (two stories) Two 5,500 square foot office buildings (one story) 3 L1, B1, Lifetime Fitness Addition 2.4 ac. Parking lot (159 spaces) * New Lot 2 is a common lot Setbacks - Although no change in office building locations have been proposed, the proposed base lot/unit lot arrangement will result in zero lot line setbacks and the creation of lots without public street frontage. Such conditions can be accommodated via the planned development. Lots - The proposed subdivision consists of six lots. Lot 1 measures 2.8 acres in size and is intended to accommodate a restaurant. Lot 2 measures 1.6 acres in size and is to serve as a common lot for the four office buildings. Lots 3 through 6 correspond to the footprints of the proposed office buildings. To ensure that all proposed base lots are provided public street access, an association should be created (and recorded with the final subdivision) and Lot 2 should be conveyed to such association. As suggested as part of original Preliminary Planned Development consideration, previously designated Lot 3 has been combined with the adjacent Lifetime Fitness lot. Grading - No changes have been made to the previously submitted Grading Plan. Storm Drainage - No changes have been made to the previously submitted Storm Drainage Plan. Utilities - No changes have been made to the previously submitted Utility Plan. Streets/Access/Circulation - No access related changes have been proposed. Easements/Permits/Right-of-Way - The Final Plat should provide drainage & utility easement over Pond BP -39 up to three feet above its calculated high water level. aa/ Planning Report — Safari at Eagan 3rd Addition September 26, 2000 Page 5 The developer should dedicate public sidewalk easement covering the sidewalk along Thomas Center Drive. The development should be responsible for obtaining all necessary permits from regulatory agencies, including Williams Brothers Pipeline, prior to Final Plat approval. Water Quality/Wetlands - Stormwater runoff from this site will be directed to the east to Pond BP -13.1, which has been sized to handle the runoff from both the 2nd and 3rd additions of the Safari at Eagan developments. Therefore, there are no additional water quality requirements for this development. Tree Preservation - There are no tree preservation issues relative to this development proposal. Parks - Parks dedication for this development was previously fulfilled. This proposal will however, be subject to a cash trails dedication at the time of the first building permit. • Airport Noise Considerations - The subject property lies outside of the airport noise exposure zones established by the Metropolitan Council. SUMMARY/CONCLUSION The proposed commercial subdivision will not result in any land use or design related changes from the previously approved Preliminary Planned Development and appears compatible with existing and anticipated uses in the area. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Safari at Eagan 3rd Addition) located north of Cliff Road and west of Thomas Center Drive in the southwest 1/4 of Section 28. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1 through 4, C 1, 2 and 4, D1 and El 2. The existing PA" copper water service lines, that will not be utilized by this development but are stubbed to this site from Thomas Center Drive, shall be abandoned in accordance with City standards. aaa Planning Report — Safari at Eagan 3"d Addition September 26, 2000 Page 6 3. The developer shall be responsible for the necessary improvements at the Thomas Center Drive -Beacon Hill/Cliff Road intersection to provide a dedicated southbound right -turn lane, including pavement markings and signal loop detector revisions. 4. The Final Plat shall provide drainage & utility easement over Pond BP -39 up to three feet above its calculated high water level. 5. The developer shall dedicate public sidewalk easement covering the sidewalk along Thomas Center Drive. 6. The development shall be responsible for obtaining all necessary permits from regulatory agencies, including Williams Brothers Pipeline and Dakota County, prior to final plat approval. 7. An association shall be created (and recorded with the final subdivision) and Lot 2, Block 1 shall be conveyed to such association. 8. The developer shall provide evidence that Lot 1, Block 1, Life Time Fitness Addition has granted cross parking easement to Lots 2 through 6. 9. This proposal shall be subject to a cash trails dedication at the time of the first building permit. (2023 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. • B. Easements and Rights-of•Wav 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate 'existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope • easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. aay 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 LTSI5 STANOARO.CON ass Revised: February 2, 1993 FINANCIAL OBLIGATION Safari at Eagan 3`d Preliminary Subdivision There are pay-off balances of special assessments totaling $5,103 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 attached to the parcel 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 TOTAL -0- Location Map Eagan Boundary Street Cen.g terline Parcel Area - Building Footprint t �� 1--"t ioe, 4'' r-• ricin Sly 7 :_.1.: .--a t1`� rpt ��.l.,03. � fir► •�• n+� viii \.� L. 11.. a■G.�D ...,tit +.t le' "- ,II t 0141 1000 0 1000 2000 Feet Development/Developer: Safari at Eagan 3rd Addition Application: Preliminary Subdi Case No.: 28 -PS -15-08-00 411Itity of Eagan M I N N E SO TA Ceanraany DeveNpwuat aepartraeM Map Prepared us Isrr 3.1. Parcel Mss map data presided by Dakota County Land survey D.pareaont and Is cement u or IWOest 2000. / THIS MAP 1S INTENDED FOR RIFERINCI USE ONLY The City of lagan and Dakota County do not guarantoa the accuracy of this Information and aro not rosponsiblo for errors or emissions. Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: PD Planned Development ' soo • • Safari at Eagan 3rd Addition Case No. 28 -PS -15-08-00 Comprehensive Guide Plan Land Use Map • Current Land Use Designation: CSC Community Shopping Center 1111 /..t .• • •1, • Nag •. • 46 •AurA Ate will klaZIL*#ie• ■Ilhii1 pA NI 401014 ir44411.41111ini olir# 111 4iij. 'a 1i 4110' , 4411 INN lib.. 111111 101 ;ffiAssmi miaftawitled City of Eagan CarinanityDave cpnMntDepartment Norsol Nes 2, W®®®® ® ®®®® El3 Ea ® e .921 Z.AI.F 4, 0 D -IV D -I CJi A .. NO. a (CUFF ROAD) 1IIII,utra 'wow lam MEM Sig MI Agog 111 MN ralt�b C...ty LtuN *won D.F.rbwst Nit/00. inch/WAN by CNy Dun. THIS MAP IS INT!ND!D FOR REFERENCE USD ONLY The City of Ragan and Dakota County do not guarantee the accuracy of this Information. •1% y • • • s• ST' C.SA.N. NO 32 (dor ROAD) L Amu ott vier art/4 orice.26--i Or AY MAP NO. 27 k 27A gig 10,1. fro 18 It • • 1 EXISTING CONDITIONS • • tar p; Y fir.!4 419.24 5e913'58'E RESIDENTIAL aknhoot vi e 4 NI .1 cfeefp • Ort 38 .1.1i.; I! 4. !. I Vga N 2 Z W 0 2 2 0 z .acax ,. . gar:^-aQ.. ,t,�� t I I isEigat 11 lit OY !i§ 5fiti !f a933'5e'w tr/ C.S.A.H. NO. 32 (CLEF ROAD) 277 7) Ne9 33 Se w Y. • ae� t •• aavti a.K d tK a.t/4 a sec 99-J DAKOTA COUNTY ROAD RICHT Or WAY MAP NO. 27 & 27A APPROVED PRELIMINARY PLANNED DEVELOPMENT a36 a7 ftTThT t I t via r I..lnf7lr'� wrr� Wr1 / / a i / • ( {� / "I" .1.7137"1tir3S2:a • /f 1 rrl j 1 3 ppp8pppC%f ......, ylrit ^� c.s.A.H. Na 32 (cuvc ROAD) NieW34 III 11utw u[ W Msn/4tri Rt. 31/ OF WAY YAP TY TA COUN O. pOAD 27 it 27AT 1 RECEIVED AUG 3 1 RELIMINARY SUBDIVISION Agenda Information Memo October 17, 2000 Eagan City Council D. PRELIMINARY SUBDIVISION (SPECTRUM ADDITION) — PARKING ASSOCIATES, INC. ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision to create three lots and one outlot on approximately 27 acres located between Hwy. 55 and Blue Water Road in the NW '/4 of Section 2, subject to the conditions listed in the staff report. The proposal also includes a Variance to the minimum lot size for Lot 1. FACTS: • The development site is vacant and contains some wooded areas. The site generally slopes from south to north. • The site is located in the airport Noise Zone 3, and the proposed use is considered consistent within that zone. • Lot 2 is proposed to be 17.8 acres, Lot 3 is 3.56 acres. A Variance to the minimum 1.5 -acre lot size is requested for Lot 1. Lot 1 was initially proposed to be 1.09 acres in size; the applicant has since submitted a drawing showing that Lot 1 could be increased in size to about 1.4 acres by adjusting the lot boundary between Lots 1 and 2. • The proposed plat includes existing MnDOT right-of-way and the applicant is negotiating with MnDOT to acquire the right-of-way. Preliminary indications are that MnDOT is agreeable to the reconveyance. • The developer proposes on-site ponding for water quality treatment. The stormwater pond is sized to accommodate runoff created by development of the site as well as some additional "pass-through" drainage from off the site. • The Advisory Planning Commission held a public hearing on September 26, 2000, and recommended approval of the Preliminary Subdivision and Variance, subject to the conditions listed in the minutes. ISSUES: • Since the APC meeting, the applicant has been working with staff to refine the tree mitigation and landscape plans. The landscape plan includes more plantings and provides better screening between the parking areas and street rights-of-way. • The revised tree mitigation plan will be reviewed by the APrC on October 16, 2000. Based on the development plans submitted (for development of Lot 2 and the pond), 132 Category B trees are required for mitigation. The applicant is proposing to plant the equivalent of 52 Category B trees on site, and to provide the balance of required mitigation through a cash contribution, which the City Forester has calculated to be $24,000.00. et3c2 • Some members of both the APC and the APrC expressed concern about the amount of green space the development plans for Lot 2 show, and suggested that the developer to explore ways to increase the amount green space on the site. ATTACHMENTS: September 26, 2000, APC Minutes, pages iafhrough (236 Staff Report, pages ,through 20 ass Advisory Planning Commission September 26, 2000 Page 15 DRAFT PRELIMINARY SUBDIVISION — PARKING ASSOCIATES, LLC Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Spectrum Commerce Center) of approximately 27 acres to create three lots, located on the east side of Highway 55, west of Blue Water Road and south of Blue Junction Circle in the NW '/4 of Section 2. Planner Dudziak introduced this item and highlighted the background/history, existing conditions and surrounding uses of the subject property. She also discussed issues regarding current MNDOT right of way that is to be re -conveyed to the adjacent owner, a small triangle to be acquired from a third party, the proposed Blue Gentian Road, requirements of the AUAR regarding escrow money for associated mitigative transportation improvements, and issues regarding the tree mitigation plan. David Salene, representing Spectrum Development, discussed the variance request for Lot 1 stating they are now requesting a .08 acre variance. He also stated he had discussions with MNDOT regarding landscaping along Highway 55 and he also discussed Blue Water Road. One resident spoke requesting information on what type of business will be located on the property and asked how traffic will impact Blue Gentian Circle. Mr. Salene addressed the questions of the resident stating that an office/warehouse will be located on the property. He displayed an artist's rendering of the proposed building. He stated there will be truck traffic on the property but it will be on the interior of the site, which should cause very little visual impact to the area. Member Segal asked what would be proposed for Lot 1. Mr. Salene stated that the lot would be used for a smaller type business. Member Segal expressed concern that the lot would become unusable due to the small size. Mr. Salene stated that the use would be limited but not unsaleable or unusable. Chair Heyl asked about green space on the property. Mr. Salene stated that a discussion had been held with the Park Commission regarding proof of parking to achieve more green space, but that area would remain dedicated as future parking should the need arise. Chair Heyl stated she would like to see green space as well as landscaping. Member Nosbush asked about the percentage of green space that is planned. Mr. Salene stated 12% is what is currently designated. Member Nosbush did not feel that was an adequate amount. Member Steininger stated he does not see the need for additional green space given the type of development in the surrounding area. Member Nosbush asked about the height of the building. The architect for the project stated the height of the building would be 25 feet. a3v Advisory Planning Commission September 26, 2000 Page 16 r3V) ' 'T Member Nosbush moved, member Steininger seconded a motion to recommend approval of a Preliminary Subdivision (Spectrum Commerce Center) to create three lots and one outlot, with a Variance to the minimum lot size for Lot 1 to be 1.42 acres, on approximately 27 acres on property located between Hwy. 55- and Blue Water Road in the NW 1/4 of Section 2 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: A 1, B1, B2, B3, B4, Cl, C2, C4, D1, El 2. The property shall be platted. 3. The developer shall acquire the .03 -acre "Reiling triangle" prior to final subdivision approval. 4. In accordance with NURP standards, a stormwater treatment pond should be created to accommodate a minimum wet -pond volume of 5.1 acre-feet. The pond should have a maximum depth of 10 feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. 5. The developer shall extend all inlet pipes (existing and new) to the normal water level of the pond to help prevent erosion. 6. An outlet skimmer in accordance with City engineering standards shall be constructed on the outlet pipe from the pond. 7. The relocated water main shall be relocated in accordance with City engineering standards, including providing adequate cover over the water main. 8. Access for future development on Lot 3 shall not be located less than 300 feet from the BIue Water Road and Hwy. 55 intersection. 9. This development shall accept the City's determination of responsibility and costs of $3,478.00 per net developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document approved by the City Council on October 20, 1998. The financial obligation will be placed in an escrow account with the City to be used solely for financing the AUAR improvements and any unused amount will be returned to the payers upon full development of the AUAR properties. 10. Blue Gentian Road from Blue Water Road to Highway 55 must be approved by the City Council prior to Final Subdivision approval. 11. The owner shall waive the right to object to any assessments for the construction of Blue Gentian Road and associated public improvements. 12. The developer must obtain all necessary permits from MnDOT for any work within the Hwy. 55 right-of-way. 035 Advisory Planning Commission September 26, 2000 Page 17 DRAFT 13. This development shall dedicate 40 feet of one-half right-of-way for the south half of Blue Gentian Road and preserve an additional 40 feet of land for right-of-way purposes for the north half of Blue Gentian Road for acquisition by the City. 14. Prior to final subdivision approval or commencement of any grading or construction activity, the applicant shall submit a Tree Preservation Mitigation Plan that shows the fulfillment of mitigation requirements according to the City's ordinance. 15. Prior to final subdivision approval, the applicant shall provide a revised landscape plan, prepared by a registered landscape architect, and revised to meet screening requirements and show additional information as indicated in the planning report. 16. This development shall be responsible for cash park and trail dedications, payable at the time of building permit issuance at the rate then in effect. A vote was taken on the motion. Motion carried 6-1. Member Segal opposed due to the lack of justification for the Variance for the size of Lot 1. Chair Heyl stated she believed that a hardship existed due to the odd shape of the parcel and warranted the issuance of a Variance. X3.6 PLANNING REPORT CITY OF EAGAN REPORT DATE: September 20, 2000 CASE: 02 -PS -14-08-00 APPLICANT: Spectrum Development Group, LLC HEARING DATE: September 26, 2000 PROPERTY OWNER: Spectrum Development Group, LLC WisPark Corporation PREPARED BY: Pamela Dudziak REQUEST: Preliminary Subdivision LOCATION: NW 1/4 of Section 2, between Hwy. 55 and Blue Water Road COMPREHENSIVE PLAN: Business Park ZONING: Business Park SUMMARY OF REQUEST Spectrum Development is requesting approval of a Preliminary Subdivision (Spectrum Commerce Center) to create three lots and one outlot on approximately 27 acres located between Hwy. 55 and Blue Water Road in the NW 1/4 of Section 2. The proposal also includes a Variance to the minimum lot size for Lot 1. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: 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 a32 Planning Report — Spectrum Development Group, LLC September 26, 2000 Page 2 and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby. made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The Business Park land use designation and zoning district were implemented in 1996 to promote high quality development that includes office, research and development and pure light industrial uses in attractive unified developments. This property has been guided and zoned Business Park since that time. Prior to that the property was guided CPD, Commercial Planned Development, and was zoned Planned Development, although the Planned Development did not identify specific uses for development of this property. � 38 Planning Report — Spectrum Development Group, LLC September 26, 2000 Page 3 EXISTING CONDITIONS The site is vacant and contains some wooded areas. The site generally slopes from south to north. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Residential; zoned BP (Business Park); guided BP (Business Park) South - Hwy. 55/industrial; zoned I-1 (Limited Industrial); guided IND (Limited Industrial) East - Office/showroom/warehouse; zoned BP; guided BP West - Hwy. 55/I -35E EVALUATION OF REQUEST Compatibility with Surrounding Area — This triangle area bounded by Hwy. 149, Hwy. 55 and I- 494 is experiencing redevelopment. As a result, there are a few existing single family homes remaining in this area near the subject site, however, much of the surrounding area is has been under development with Business Park compatible uses. The area south across Hwy. 55 is developed with industrial uses and is zoned I-1, Limited Industrial. The residential homes adjacent to the site are guided in the city's Comprehensive Plan for Business Park development. Property to the northeast across Blue Water Road is developed with a multi -tenant office/warehouse building. To the southeast, the property is vacant, but zoned and guided Business Park. 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 3. Within this area, office/warehouse development is considered to be consistent. Lots — The proposed subdivision would create three lots, and includes existing MnDOT right-of- way that the applicant is negotiating with MnDOT to acquire. One outlot would also be created, a one -foot wide parcel along the north side of the future Blue Gentian Road right-of-way, extending the length of that right-of-way segment. This outlot is intended to restrict access to Blue Gentian Road from the north until such time as those residential lots are redeveloped into Business Park uses. As of the date of this report, the City attorney, City staff, and developer are still evaluating the appropriateness and acceptability of this outlot. However, whatever a39 Planning Report — Spectrum Development Group, LLC September 26, 2000 Page 4 determination is made regarding the outlot will not affect the overall subdivision and proposed development plans for Lot 2. The minimum lot size in the BP zoning district is 1.5 acres. Lot 2 is proposed to be 17.8 acres. The applicant proposes to construct a 288,510 square foot office/warehouse in three phases on Lot 2. There are no development plans at this time for Lots 1 and 3, which are proposed to be 1.09 acre and 3.56 acres in size respectively. As proposed, the preliminary subdivision requires a Variance because Lot 1 does not meet the required 1.5 -acre minimum lot size: The developer was unaware of the Variance to lot size until recently and therefore has not submitted a statement of hardship. As a new lot being created, it appears that the hardship is self-created, being a result of the configuration the developer is proposing for the subdivision. It is staff's expectation that the developer will be prepared to address this issue at the public hearing. If the Variance is not granted, the subdivision plan should be revised to increase the size of Lot 1 to 1.5 acres. Preliminary Plat — The preliminary plat shows a small triangle of land (.03 acres) at the northwest end of the site that is labeled "to be acquired from Reiling." The preliminary plat also includes some MnDOT right-of-way that is identified as "proposed MnDOT reconveyance." Acquisition of both the "Reiling triangle" and the MnDOT right-of-way proposed for reconveyance is necessary for the proposed subdivision to occur and will need to be accomplished prior to final subdivision approval. Density — There are no development plans for Lots 1 and 3 at this time. Lot 2 is proposed to be developed with a 288,510 square foot office/warehouse building, constructed in three phases. The 288,510 square foot building on the proposed 17.8 -acre lot results in a lot coverage ratio of 37%, which is consistent with the maximum building coverage allowance in the BP district of 40%. Grading — The preliminary grading plan is acceptable. The site generally slopes from north to south and is open. The proposed building on Lot 2 is approximate 4 - 5 feet above the grade of adjacent Blue Water Road and 0 - 6 feet below the grade of Highway 55 to the west. Wetlands/Water Quality — This development is located in the northeastern portion of Eagan in the City's F -watershed. The site is located just west of FP -1, classified as a Class V Nutrient Trap in the Eagan Water Quality Management Plan. 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 will need to be according to NURP standards. A minimum, wet -pond volume of 5.1 acre-feet would need to be created. The pond would have a maximum depth of 10 feet, a 10:1 aquatic bench from the normal water level, and an outlet skimmer according to City design standards. In consultation with the City's Engineering Division, the developer of this site is proposing to create a regional stormwater pond to treat additional stormwater from eventual developments in the area. a yo Planning Report — Spectrum Development Group, LLC September 26, 2000 Page 5 There are no wetlands issues associated with this development. Storm Drainage — The preliminary storm drainage plan is acceptable with modifications. This development will construct a storm water pond mainly on Lot 3 to accommodate storm water runoff from the development, as well as providing "pass-through" drainage for a large area to the west. The design of the pond is consistent with the volumes identified for this pond area under City Project No. 746 — Blue Water Road. The developer should extend all inlet pipes (existing and new) to the normal water level of the pond to help prevent erosion. An outlet skimmer in accordance with City engineering standards should be constructed on the outlet pipe from the pond. Utilities — The preliminary utility plan is acceptable. Sanitary sewer is available for connection within Blue Water Road. The developer is proposing to relocate a portion of the existing public water main within the development. The developer is required to relocate this water main in accordance with City engineering standards, including providing adequate cover over the water main. Streets/Access/Circulation — Public street access for Lots 2 and 3 is available from Blue Water Road to the east of the site. Public street access for Lots 1 and 2 will also be available from the future re -alignment of Blue Gentian Road along the north edge of the site, scheduled for the 2001 construction season. Access for future development on Lot 3 should not be located less than 300 feet from the Blue Water Road and Hwy. 55 intersection. With the adjacent WisPark (Grand Oak) development, the City Council approved an Alternative Urban Area Wide Review (AUAR) environmental study (City Project No. 736) in October 1998. This study evaluated the various transportation -related impacts and the associated improvements necessary during a twenty-year period due to the development of properties bordered by I-494, Highway 55 and Highway 149. The AUAR identifies estimated costs for the needed mitigative improvements based on the potential land uses in the area. With the Grand Oak development, the City Council approved a condition obligating WisPark to contribute financially to fund these future improvements, based on the projected increase of traffic generated from that development. The proposed development of Lot 2 as office/warehouse is generally consistent with the potential uses and potential traffic generation identified in the AUAR. Future development of Lots 1 and 3 will require a detailed analysis in regard to the AUAR if they are to develop as anything other than an office/warehouse use. This development is required to accept the City's determination of responsibility and costs of $3,478.00 (2000 rate) per net developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document approved by the City Council on October 20, 1998. The financial obligation will be placed in an escrow account with the City to be used solely for financing the AUAR improvements and any unused amount will be returned to the payers upon full development of the AUAR properties. Under City Project No. 745, Blue Gentian Road was proposed to be realigned and constructed from Blue Water Road to Highway 55 along the northern border of this development. This vi Planning Report — Spectrum Development Group, LLC September 26, 2000 Page 6 portion was deleted from the project due to objections from adjacent property owners who felt it was premature without a development proposal on this site (Spectrum Commerce Center). With this development, it is now appropriate and necessary to complete this section of Blue Gentian Road. The owner shall waive the right to object to any assessments for the construction of Blue Gentian Road and associated public improvements. Easements/Permits/Right-of-Way — The developer must obtain all necessary permits from MnDOT for any work within Highway 55 right-of-way. The developer is negotiating with the Minnesota Department of Transportation (MnDOT) for the acquisition of a portion of the existing Highway 55 right-of-way to be used with the development, as shown on the preliminary plat. MnDOT has preliminarily indicated its willingness to convey the property to the developer. In order to minimize land acquisition from the existing single-family properties to the north for Blue Gentian Road, this development should preserve the northerly 80 feet of the property for public right-of-way, and dedicate the southerly 40 feet of that 80 feet as a condition of approval. While the preliminary plat shows the entire 80 feet being dedicated as right-of-way, the City will work with the property owner to acquire the northerly 40 feet as public right-of-way as part of the Blue Gentian Road realignment project. The southwesterly access to Blue Water Road is shown over Lot 3 because grade changes make locating the driveway further north impractical. An access easement will be necessary for Lot 2 to have this access over Lot 3, however, the need for this easement could be eliminated by reconfiguring the boundary between Lots 2 and 3. Tree Preservation — At the time of this report, the City Forester and developer are continuing to refine the tree inventory and removal figures. At issue is whether Lots 1 and 3 should be included in the inventory at this time or handled through individual tree preservation plans at the time of building permit for development on those lots, and whether the removal of trees removed for the stormwater pond should be wholly the responsibility of the developer since the pond is being oversized to provide additional capacity for drainage from surrounding property. Since these issues were unresolved at the time of the Advisory Parks Commission review of this proposal, the APrC requested that the item be rescheduled for their consideration at the October 16, 2000 meeting. Following is a preliminary evaluation of the tree inventory, removal and mitigation requirements. A tree inventory submitted with this application indicates that there are 111,425 square feet (2.5 acres) of significant woodlands on the site. There are three separate significant woodlands consisting of 1.5 acres, .8 acres and .2 acres. Species composition consists of cottonwood, pine, oak, ash, and silver maple trees. In addition to the significant woodlands, there are also four (4) significant trees on site. All four trees are cottonwood trees with diameters measuring 20", 30", 30" and 40". This inventory includes the entire subdivision, while development is proposed only on Lot 2 at this time. Planning Report — Spectrum Development Group, LLC September 26, 2000 Page 7 The development as proposed (Lot 2 and pond on Lot 3) will result in the removal of 84,305 square feet (75.6% of the total) of the existing woodlands. Also, -all four of the individual significant trees are proposed to be removed. According to the City of Eagan Tree Preservation Ordinance, allowable tree removal for this type of development proposal (single-phase, multiple - lot, commercial) is set at 47.5% of the total significant vegetation. With a proposed removal greater than the allowable amount, there will be required tree mitigation for this proposal. The required tree mitigation calculates to 66 Category A trees or 132 Category B trees or 264 Category C trees, or an equivalent combination of the three categories. The applicant's submittal did not include a tree mitigation plan that satisfies this requirement. The applicant should note that tree mitigation is in addition to required landscaping. Prior to final subdivision approval or commencement of any grading or construction activity on the site, the applicant should submit a Tree Preservation Mitigation Plan that shows the fulfillment of the mitigation requirements. Setbacks — The Business Park zoning district requires a minimum structure setback of 40 feet from a public street, and 50 feet from a major thoroughfare (Hwy. 55). Required side yard setbacks are 20 feet. The site plan for Lot 2 appears to satisfy these setbacks. There are no development plans for Lots 1 and 3 at this time. Setback compliance for those lots will be determined at the time of building permit application. Site Plan — The site plan for Lot 2 shows a triangular shaped building, with loading docks located in the resulting interior "truck court", and parking ringing the perimeter of the building. Access to the loading area is provided via the northwesterly access to Blue Water Road. The developer should note that the BP zoning district does not allow for any type of outside storage. Therefore, while the interior of the site is screened by the building, this area is to be used for truck maneuvering and docking of trucks only and outside storage in this area or elsewhere on the site is not permitted. Likewise, the City Code requires that trash containers be located inside the building or within screening enclosures constructed to match the building, therefore, trash receptacles should not be stored outside in the open court area. Landscaping — The landscape plan for Lot 2 shows foundation plantings consisting of ornamental trees at each building entrance, with a variety of shrubs along the walls. The city's Landscape Ordinance requires screening of parking areas from public rights-of-way, so substantial landscaping to achieve 75% opacity at maturity should be provided along all public rights-of- way. The landscaping shown on the perimeter of the site does not achieve that level of screening. Two -three foot berms should be used wherever possible to enhance screening between parking and public rights-of-way. Where berms are not possible, care should be given to select plants that will achieve effective screening. Staff suggests adding shrub beds between the trees along the perimeter of the site to enhance screening, and locating trees in small clusters rather than single trees evenly spaced to add visual interest in design. Evergreen trees should be provided with more variety of species. Automatic a y.3 Planning Report — Spectrum Development Group, LLC September 26, 2000 Page 8 irrigation is required for all landscaped areas and should be noted on the landscape plan. Also, sodded areas and mulching and edger specifications should also be noted on the landscape plan. Additionally, the landscape plan does not show any trees identified as satisfying mitigation requirements. The Tree Preservation Ordinance states that any mitigation is in addition to required landscaping. Therefore, in order to evaluate whether the Tree Mitigation Plan meets this standard, the mitigation plantings should also be shown on the landscape plan, and separately identified. Prior to final subdivision approval, the applicant should provide a revised landscape plan, prepared by a registered landscape architect, and revised to meet screening requirements and show additional information as discussed in this report. Signage — The City's Sign Code allows one monument sign per building. The applicant is proposing monument building identification signs at each of the three driveway entrances to Lot 2, which exceeds the one per building allowance. The proposed monument identification signs are 16 square feet in area, with a 3' high by 5'4" wide sign area, and 10' wide by 2'3" high base. The Advisory Planning Commission and City Council should comment on the appropriateness of the signage proposal. Also, one of the monument signs for the building on Lot 2 is proposed to be located on Lot 3 adjacent to the driveway access, which makes it an off-site sign. For a sign serving Lot 2 to be located on Lot 3, an easement over Lot 3 will be necessary, however, this easement could also be eliminated by reconfiguring the boundary between Lots 2 and 3. Parks and Recreation — This development will be responsible for a cash parks dedication and a cash trails dedication, payable at the time of building permit at the rate then in effect. The 2000 rates are $3,476 per acre for parks and $948 per acre for trails. The Advisory Parks Commission discussed this proposal at their September 18, 2000 meeting. The Commission expressed some concern as to the amount of impervious surface involved in the development of Lot 2, and indicated that the city's parking requirements seem excessive for this type of use. The APrC then suggested that the developer and city explore alternatives for increasing the green space on the site. SUMMARY/CONCLUSION Spectrum Development Group is proposing a three -lot Preliminary Subdivision of approximately 27 acres located between Hwy. 55 and Blue Water Road in the NW 1/4 of Section 2. The proposal also includes a Variance to the minimum lot size for Lot 1, which, if granted, will allow Lot 1 to be 1.09 acres in size rather than the required 1.5 acres. If the Variance is not approve with the proposed Preliminary Subdivision, then the subdivision will need to be revised to enlarge Lot 1 to 1.5 acres. The proposed plat includes some current MnDOT right-of-way that is to be reconveyed to the adjacent owner, as well as a small triangle to be acquired from a third party (Reiling). Planning Report — Spectrum Development Group, LLC September 26, 2000 Page 9 Acquisition of the MnDOT property and the Reiling triangle is necessary for the proposed subdivision to occur and will need to be accomplished prior to final subdivision approval. This site was included in the AUAR in 1998 which requires the developer to escrow money to be used for associated mitigative transportation improvements identified in the AUAR. To date, the developer has not provided the necessary plans to demonstrate compliance with tree mitigation requirements, however, they have indicated a willingness to work with staff to develop a plan that satisfies the ordinance requirements. Unresolved issues include the tree mitigation plan, which has not yet been finalized, and the appropriateness of the proposed outlot. Also, the applicant's acquisition of the MnDOT right-of- way and the "Reiling triangle," which must be accomplished prior to final subdivision approval. In addition, easements for off-site access and off-site signage for Lot 2 could be eliminated by reconfiguring the boundary between Lots 2 and 3, such that the access drive and signage would be encompassed entirely within the boundary of Lot 2. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Spectrum Commerce Center) to create three lots and one outlot, with a Variance to the minimum lot size for Lot 1, on approximately 27 acres on property located between Hwy. 55 and Blue Water Road in the NW 1/4 of Section 2. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, Cl, C2, C4, D1, El 2. The property shall be platted. Platting 3. The developer shall acquire the .03 -acre "Reiling triangle" prior to final subdivision approval. Wetlands/Water Quality 4. In accordance with NURP standards, a stormwater treatment pond should be created to accommodate a minimum wet -pond volume of 5.1 acre-feet. The pond should have a maximum depth of 10 feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. Storm Drainage 5. The developer shall extend all inlet pipes (existing and new) to the normal water level of the pond to help prevent erosion. ass Planning Report — Spectrum Development Group, LLC September 26, 2000 Page 10 6. An outlet skimmer in accordance with City engineering standards shall be constructed on the outlet pipe from the pond. Utilities 7. The relocated water main shall be relocated in accordance with City engineering standards, including providing adequate cover over the water main. Streets/Access/Circulation 8. Access for future development on Lot 3 shall not be located less than 300 feet from the Blue Water Road and Hwy. 55 intersection. 9. This development shall accept the City's determination of responsibility and costs of $3,478.00 per net developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document approved by the City Council on October 20, 1998. The financial obligation will be placed in an escrow account with the City to be used solely for financing the AUAR improvements and any unused amount will be returned to the payers upon full development of the AUAR properties. 10. Blue Gentian Road from Blue Water Road to Highway 55 must be approved by the City Council prior to Final Subdivision approval. 11. The owner shall waive the right to object to any assessments for the construction of Blue Gentian Road and associated public improvements. Easements/Rights-of-Way/Permits 12. The developer must obtain all necessary permits from MnDOT for any work within the Hwy. 55 right-of-way. 13. This development shall dedicate 40 feet of one-half right-of-way for the south half of Blue Gentian Road and preserve an additional 40 feet of land for right-of-way purposes for the north half of Blue Gentian Road for acquisition by the City. Tree Preservation 14. Prior to final subdivision approval or commencement of any grading or construction activity, the applicant shall submit a Tree Preservation Mitigation Plan that shows the fulfillment of mitigation requirements according to the City's ordinance. � �6 Planning Report — Spectrum Development Group, LLC September 26, 2000 Page 11 Landscaping 15. Prior to final subdivision approval, the applicant shall provide a revised landscape plan, prepared by a registered landscape architect, and revised to meet screening requirements and show additional information as indicated in the planning report. Parks and Recreation 16. This development shall be responsible for cash park and trail dedications, payable at the time of building permit issuance at the rate then in effect. a 9 ? 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. ave 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. tf any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 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 LTSI5 STANOARO.CON a�� Revised: February 2, 1993 FINANCIAL OBLIGATION Spectrum Commerce Center Preliminary 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 pending assessments in the amount of $696,386 on the parcels proposed for platting. These pending assessments are related to Projects 750, 745, 746 and 736. 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 None USE RATE QUANTITY AMOUNT None asa Location Map Eagan Boundary Street Cant.rline Parcel Area Building Footprint Sub ect Site 11555555555555 f"1 LEJ 1 a 1 1 1000 1000 2000 Feet Development/Developer: Spectrum Commerce Center Application: Preliminary Subd' Case No.: 02 -PS -1408-00 4Pitity of Eagan MINNESOTA C.mmaalty Development apartment Map Prepared using - cView 3.1. Parcel Cass map data provided by Dakota County Land Survey Department and Is current es of August 2000. / • THIS MAP IS INTENDED FOR REFERENCE USE ONLY Th. City of Eagan and Dakota County do not guarantor the accuracy of this Information and aro not naponalhle for errors or omissions. Current Zoning and Comprehensive Guide Plan Spectrum Commerce Center Land Use Map Case No. 02-PS-14-08-00 Zoning Map 1! 1 r, A011111111rigif WerA0&/11111* DP Current Zoning: BP Business Park 1 BP wi ....11,101,p)! I., 4104 p.,_ elfroilli PD 43, miry ,11,1111111IL we /1se Fwt Lill 1 Soo • Comprehensive Guide Plan Land Use Map N BP 15 t• '/•,', ,\ III \* Current Land Use Designation: BP Business Park 11111 , s iii, A fro. i I I I 741 NI 100 N• 1fN F••t • ,� IND N •• pre peaty Land ir•y D•F•rtm•nt •/11/00. P•re•I b•S• map Inhrmr•uw 2•nbM Information malnN b tal.CR, stall. City of Eagan -, W E ,, ' THIS MAP IS INTENDED FOR REFERENCE USE ONLY DePalmentS The City of lagan and Dakota County do not guarantoa Ma accuracy of this Information. e / . t a ,,,,_ ., Ijlt? . _ - 1 _ J _ J Y n •r .4\ -44-"..‘tNt‘ :iV • / ,1 •� eye'.,! 1t sp- a sll eY 1 t ;11IP 11111 a 0 If 1 9 Is s r ISTING CONDITIONS r, ••7 LJ • O I1 f! 4. H ! / .0 ',f N, .;% h Rb ,/ c`' // S\ SPEcrRUM COMMERCE CENTER AN' SS LR 4UQvTW.ROC ash fffif; VIM it PRELIMINARY GRADING/DRAINAGE PAMPIC ASOC1AREf. uc OINOa SHCfRt/A D( e.OI, C4T QOU►. LLC PARA AAOUNT ENC.'NEERINC L OESICN ...Am It . .un a. I '% rrp. u •r ry; // 07 I p/ /4 \ 1 th.r4i4Vi___,i, , le, 4., ,) aii di IMMO C-2 Ci I ,r. HI PI �•.• IJJ• • if t hit fir ee� utl .7?rn„w SPECTRUM comma CENTER HWY. 55 9�? flags 111! PARAMOUNT [NCJNlEIIING a DESIGN WMUM • •.m MI . *MA .411•41101611111 M7- M ..O. PRELIMINARY UTILITY PLAN .r'..• , Vic: : a P. C••< . ...• 1 ') ; r crz & ? z t"7 .•:. G • A 1 0 rr% ..... .1. 7 ; .... • •:. , ro 7 IC 11 ri•re, L-1 ••:.•,,,‘• • •44' „.. • i..41:4:4CAPT PLA4 SPECTRUM COMMERCE aNTER 'W! iS & IKU (Ihro IOC eSii•tilif‘loifl . i • M: i II , . C 41011 tilittO I: I hill I 1):4!0 ' • :0 • ! • 1 r . • ' 'V E T ; 1 IONICtillth1iati hlifill IP 1." 0111;0 0 t!I PARA AAOUNT 1 ry.1 • .01 • 6004101.1 • •.• ••• re. .1 "era 1 6 1 1 • IR 'A I :••1 AP -- :g .6. LANDSCAPE PLAN YIN Ilder V. ••• ••••••• .0 WWI ev .••;.; ' ":"."" " -------- ----- ----------- _a • 1 _____ , / / /,',,, ,' /tie \ \ ' ? - ' /,' ...• . , • -• , ', . — -;•>. , Jo."... // „.. • 11 11 TREE INVENTORY MAP &Mb WIMP. ...............• mug ME 1.111ssoreimap4 .1..114 MN......1., MMHG MOW% MC _ — PARA AAOUNT .... room OW ICATICN L a: 2 SPECRUM comma MR -‚.•8 A RUE CEMLY4 KW IANCINSIMINC .111. OUICN tie MOM • ItIll Illi • SI MIL 1011110Mos14 eel Men •I om illWalatritianira=r Ara- —rar-- MOM to • MIMI row. IMORIMA OMI0111011 <mow tit am NS Nee SO as iliMWMF–— • sa PLAN p A R A 1 L - I g'EC1RY mf1iR i�K i ! IRK MU tli MEM �LAPIPSCAPO ioa�tQ ue �� !'WNW �a.,a . oaso. ��a•ss am NM •M --;l}�itis- —� �— �Olpf �� LLA LANDSCAPE/MITIGATION PLAN Page 1 of 2 /00 .1111 vi1CiVVw 1�i1II/Y/ WW1 Will IV LG220 - Application for Exempt Permit Fee - $25 For Board Use Only Fee Paid Check No. Organization Information Organization name Previous lawful gambling exemption number GLfpSt1 6bbStcr C/ enc- A'-3156-o-dbj Street 0 /SO 2 b15 S; l uc r 1, ll Rd City Cclw-). State/Zip Code rnr1 S 51,9-D- County )06-kvta, Name of chief executive officer (CEO) First name Last name Ann Obhcrty Daytime phone number of CEO Lola - Ca6`7 -3/c6sY Name of treasurer First pame Last name /6(.14; GaO rdex Daytime phone number of treasurer. 95,9.- 3?a- z/SS-7 Type of Nonprofit Organization Check Check the ❑ ❑ the _1 ❑ ❑ ❑ box that best describes your organization: Fratemal ❑ Religious Veteran 121 Other nonprofit organization box that indicates the type of proof your organization attached to this application: IRS letter indicating income tax exempt status Certificate of Good Standing from the Minnesota Secretary of State's Office A charter showing you are an affiliate of a parent nonprofit organization Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) &/east)n'S G�rn �St.cc ScAov Address (do not use PO box) / 80 ?b115 S;1ttr i&,11 Rd City State/Zip Code Eck.Cin Ynn SS/a- a County )0CA*6ta. Date(s) of activity (for raffles, indicate the date oftie drawing) Ab%c r 'i 6 cr /1149,4P -0°o ; r'l ov e m. Cf )9, a-otc) Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ❑ *Bingo JES.Raffies ❑ *Paddlewheels ❑*Pull -Tabs ❑*Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address MI be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying for your permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, sta}f of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and intemational gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. Application for Exempt Permit - LG220 Organization Name 1 [{,t// l3c Skr C1tA? .LJi C., - Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. ❑ The city approves the application with no waiting period. ❑ The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). o The city denies the application. Print name of city KCLL (Li -kJ) 7L� (Signature of city personnel receiving application) Title (�l�V I ` �/-C (_/t '� Date )L / / 10 1 Page 2 of 2 8/00 If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. 0 The county approves the application with no waiting period. 0 The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. 0 The county denies the application. Print name of county (Signature of county personnel receiving application) Title Date TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date / Chief Executive Officer's Signature The information provided in this applic io is complete an apsurate to Chief executive officer's signature Dz Name(paseprint) /1 1 4j best f my knowledge. Date /0 / / 0 0 Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gaming Control Board. INTERNAL REVENUE SERVICE DISTRICT DIRECTOR P. 0. BOX 2508 CINCINNATI, OH 45201 Date: NOV 0 21999 GYPSY BOOSTER CLUB INC 2015 SILVER BELL ROAD SUITE 180 RAGAN, MN 55122 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 41-1669972 DLN: 319298081 Contact Person: ALETHA BOLT Contact Telephone Number: (877) 829-5500 Accounting Period Ending: DECEMBER 31 Foundation Status Classification: 509(a)(2) Advance Ruling Period Begins: OCTOBER 5, 1999 Advance Ruling Period Ends: DECEMBER 31, 2003 Addendum Applies: NO ID# 75501 Based on information you supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3). Because you are a newly created organization, we are not now making a final determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably expect to be a publicly supported organization described in section 509(a)(2). Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private foundation. This advance ruling period begins and ends on the dates shown above. Within 90 days after the end of your advance ruling period, you must send us the information needed to determine whether you have met the require- ments of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, we will classi- fy you as a section 509(a)(1) or 509(a)(2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period, we will classify you as a private foundation for future periods. Also, if we classify you as a private foundation, we will treat you as a private foundation from your beginning date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you send us the required information within the 90 days, grantors and contributors may continue to rely on the advance determination until we make a final determination of your foundation status. If we publish a notice in the Internal Revenue Bulletin stating that we Letter 1045 (DO/CG) Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard St. Paul, Minnesota 55155-1899 October 9, 2000 Thomas Hedges Administrator, City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1810 Dear Mr. Hedges: As you may be aware, the Minnesota Legislature mandated a study of the effectiveness of ramp metering in the Twin City Metropolitan area. The legislation requires the Minnesota Department of Transportation to shut down ramp meters, and report the traffic flow and safety results of that action to the Legislature by February 1, 2001. I am writing to ask for your help. Specifically, the consultant team hired to conduct the study asked that we solicit your cooperation by requesting that you not adjust the timing of your signal systems during the entire ramp meter evaluation phase. This is to ensure, as much as possible, that the "before" conditions that are studied mirror the "after" (ramps -off) conditions. The shut down will occur starting on Monday, October 16, 2000. The ramp meters will be off about four to six weeks. We intend to keep you and the public informed of any developments regarding this study via a comprehensive communications plan. As part of that plan, we have established a ramp meter study page on the Mn/DOT Website (click on "hot topics"). That site will be updated regularly and already contains much more detail regarding the study than could be put into this letter. I invite you to bookmark and regularly visit the site. Its address is: http : //www. dot. state. mn. a s/rampmeterstudy/facts.html Thank you in advance for your cooperation. Elwyn Tinklenberg Commissioner Encl. An equal opportunity employer ��NESpT, /10, Minnesota Department of Transportation y ay41 Transportation Building °F TBP. 395 John Ireland Boulevard St. Paul, Minnesota 55155-1899 Ramp Meter Study Fact Sheet (9/22/00) Background A bill passed by the 2000 Legislature requires that the Minnesota Department of Transportation study the effectiveness of ramp meters in the Twin Cities metro area by conducting a shutdown study before the next legislative session. The results will be shared with the Legislature and the public by Feb. 1, 2001. The goal of the study is to evaluate the traffic flow and safety impacts associated with turning off all ramp meters. Specifics of Ramp Meter Study The study began with a four -to -six week pre -study data collection the week of Sept. 11, in order for the consultant to compare against the data collected when the ramps are shut down in October. In total, both the "before" and "after" data collection should take about 10 to 12 weeks. Cambridge Systematics, Cambridge, Mass., is the consultant that will conduct the study. The study will cost $651,600. The consultant will be studying four freeway corridors that have been chosen as representative of the system. The location of these corridors will not be made public, so as to maintain the integrity of the data. Study objectives include: • To fully explore the impacts of ramp metering on freeways, local roads, and on transit operations. • To identify the public perception of ramp metering. • To compare Minnesota's ramp metering system and timing strategies with other regional systems across the country. To measure customer satisfaction, the consultant plans to use a series of focus groups and telephone surveys to talk to 1,540 users of the system. The consultant will be looking for individual traveler -oriented perspectives regarding ramp meters and ramp meter operation. Ramp meters in the Twin Cities There are 430 ramp meters on approximately 210 miles of freeways in the Twin Cities metropolitan area. Ramp metering began in the Twin Cities in 1969 with a pilot project on I -35E in St. Paul. Ramp meter timing is based on real-time traffic conditions that are set by computers located at Mn/DOT's Traffic Management Center. An equal opportunity employer Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard St. Paul, Minnesota 55155-1899 Q and A for Ramp Meter Study (9/22/00) Q: When will the shutdown occur? A: The ramp -meter study that includes shutting off all ramp meters in the metro area will occur sometime in October and last from four to six weeks. A four -to -six week pre -study data collection began the week of Sept. 11. This pre -data collection will enable the consultant to compare this data with data collected when the ramp meters are shut down. In total, both the "before" and "after" data collection should take about 10 to 12 weeks. Q: Will all the ramp meters be turned off? A: Yes, all 430 ramp meters will be shut off during the study. Q: Are you going to tell the public when the shutdown is? If so, why? A: The Ramp Meter Study Advisory Committee decided to notify the public a week in advance of the shutdown. The consultant decided that they will take into account the impact of any type of anticipatory behavior. The consultant estimates that it will take one to two weeks for traffic to settle down when the meters are turned off. The consultant believes that alerting the public could speed up this transition time. Q: What will the study cost? A: The study will cost $651,600. Q: What are the study objectives? A: Study objectives include: • To fully explore the impacts of ramp metering on freeways, local roads, and on transit operations. • To identify the public perception of ramp metering. • To compare Minnesota's ramp metering system and timing strategies with other regional systems across the country. Q: What will the consultant be measuring? A: The consultant will study four freeway corridors that have been chosen as being representative of the system. The location of these corridors will not be made public, so as to maintain the integrity of the data. The consultant team will collect data that will help it evaluate the impacts of ramp metering on travel time, safety, travel time reliability/predictability, the environment and energy An equal opportunity employer :.) and A Page 2 and volume (the number of vehicles the system carries). This data will be collected on both freeways and parallel alternate routes. Additionally, customer satisfaction will also be measured. Q: How will the consultant measure customer satisfaction? A: The consultant plans to use a series of focus groups and a telephone survey of users of the system. They will measure individual traveler -oriented perspectives regarding ramp meters and ramp meter operation. In total, 1,540 system users will participate in the market research. Q: Why is Mn/DOT doing this study? A: A bill, passed by the 2000 Legislature, requires that Mn/DOT study the effectiveness of ramp meters in the Twin Cities metro area by conducting a shutdown study before the next legislative session. Q: Does Mn/DOT support the study? A: Mn/DOT is fully committed to conducting a scientific study of ramp meter effectiveness. Q: Will there be citizen/community involvement in the study? A: Two committees are helping to guide and implement the study to ensure the involvement of a broad range of stakeholders. • An Advisory Committee provides policy oversight and helped select the consultant. The committee also helped devise the proposed study work plan, measures of effectiveness and evaluation measures. David Jennings, President of the Greater Minneapolis Chamber of Commerce, chairs the Advisory Committee. Other organizations represented include: • Association of Minnesota Counties • Department of Public Safety - State Patrol • Hennepin County Community Health Department • Southwest Metro Transit Commission • Four State Legislators • FHWA • Murphy Warehouse Company • AAA • Metropolitan Council • Mn/DOT • Citizens League • Metro Transit • City of Eagan QandA Page 3 • A Technical Committee provides technical guidance, expertise and quality control. It also represents the public, and provides technical guidance to the consultant selection process, the study work plan and measures of effectiveness and evaluation methods. It is chaired by James Grube, Director of the Hennepin County Transportation Department. Organizations represented include: • Pollution Control Agency • Dakota County Highway Department • City of Ramsey • City of St. Paul • Mn/DOT's Metro Division and Office of Investment Management • Metropolitan Council • City of Minneapolis • Metro Transit • Ramsey County Public Works • FHWA Q: Is the consultant taking into account the changes in weather or lighting conditions that will occur in the before and after study? What about days with a high number of incidents? A: The consultant intends to flag bad weather days (rain/snow), high incident days, and dark vs. light conditions (both during the "before" and the "after" data collection). The data will be grouped and analyzed into separate categories. If there is a statistically significant difference between groups, the data will be analyzed separately and comparisons will be made for data under similar weather/light/incident conditions. Also, the consultant will analyze data across groups to identify differences in the effectiveness of ramp metering under varying weather/light/incident conditions. Q: Will the High Occupancy Vehicle (HOV) lanes and ramp -meter bypasses be open to single -occupant vehicles during the study? A: No. The HOV lanes and ramp -meter bypasses will operate as usual and will be open for buses, car/vanpools, and motorcycles during regular hours. The State Patrol will enforce these lanes and bypasses as usual. Q: What will the ramp meters look like during the study? A: The ramp meters will be flashing yellow during the study, just like they are during off- peak periods. QandA Page 4 Q: If the system collapses, will Mn/DOT stop the study? A. Mn/DOT has identified a process and a set of triggers — including our obligation to provide for a safe traveling environment, economic impacts and total system failure - that would cause us to consider early termination. However, early termination would occur only after those trigger conditions were met and only after extended conversations between Mn/DOT, the Departments of Public Safety, the Advisory Committee, the Governor's Office, and the leadership of the Transportation Committees in both the House and the Senate. Legislative involvement with this decision is imperative because it is under its mandate that Mn/DOT is conducting this study, and any kind of early termination of the study needs to comply with Legislative intent. Q. What do you think will happen when the ramps are shut down? A: It would be inappropriate for Mn/DOT to speculate as to what will occur when the meters are shut off. Q: How can I get more information on the ramp meter study? A: Visit Mn/DOT's web site at: www.dot.state.mn.us and look under "Hot Topics."