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10/04/1994 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING OCTOBER 4, 1994 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:30 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:35 - VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. 6:45 - CONVENTION & VISITORS BUREAU UPDATE (ANN CARLON) V. 6:50 - DEPARTMENT HEAD BUSINESS (BLUE) VI. 6:55 - CONSENT AGENDA (PINK) Y A. .110 B. r1 C. P s D. 1110 ( E. 4 F. G. #0 H. 11 I. 01PJ . (` K. r i1 L. .,3M. 2,4N. 0. f uz.p• p, f"1 Q. .47R. (. 4� T. r stu. V. row. PERSONNEL ITEMS LICENSES, Plumbers PROJECT 646, Receive Final Assessment Roll/Order Public Hearing - Blue Cross Road Street Rehabilitation PROJECT 659, Receive Final Assessment Roll/Order Public Hearing - Dodd Road Street & Trail Construction PROJECT 660, Receive Final Assessment Roll/Order Public Hearing Wilderness Run 1 -4th Addition Street Rehabilitations INVESTIGATION FEES for permits to carry handguns FINAL SUBDIVISION, Waterview FINAL SUBDIVISION, Bachel's Backyard (Continued to October 18, 1994) FINAL SUBDIVISION, Pond View Townhomes 1st Addition Replat LIST OF ELECTION JUDGES for November 8 General Election DELEGATION OF AUTHORITY for Wetlands Conservation Act PREPARATION OF PLANS for Schwanz Lake Capital Water Quality Improvements BUDGET ADOPTION, Convention and Visitors Bureau JOINT POWERS AGREEMENT, between the City of Eagan and Dakota County for Municipal Center Site Improvements INTERIM USE ORDINANCE, Southeast Industrial Development Moratorium ORDINANCE AMENDMENT, Amending Land Use Regulations, to Provide for the Use of a Car Wash in the Neighborhood Business District CONTRACT 93-02, Acknowledgement of Contract Completion/Authorization for Final Contract Payment, Cedar Grove 3, 4, 5, 6 and 9 CONTRACT 93-10, Acknowledgement of Contract Completion/Authorization for final Contract Payment - Hawthorne Woods 3rd Addition CONTRACT 94-05, Contract Change Order No. 1, Dodd Road CONTRACT 94-06, Contract Change Order No. 3, Wilderness Run Additions PROCLAMATION, Recognizing 25th Anniversary of Eagan Lions Club PROJECT 673, Authorization to Acquire Easements/Right-of-Way through Condemnation, School Road PROJECT 678, Authorization to Acquire Property, Deerwood Reservoir Site 4 0 X. SCHEDULE Special City Council Meeting to Canvass Election Results VII. 7:00 - PUBLIC BEARINGS (SALMON) A. i t c. P VI PROJECT 675, Red Oaks Addition Streets and Utilities VACATE DRAINAGE AND UTILITY EASEMENT /Public Right -of -Way - Mendota Road & Lots 7 and 8 of the Robert O'Neil Homestead FINAL ASSESSMENT HEARING, Project 662, Cedar Grove Street Reconstruction OLD BUSINESS (ORCHID) RECONSIDERATION OF CONDITIONAL USE, National Propane Company RESOLUTION to allow bow hunting in the City of Eagan NEW BUSINESS (TAN) APPLICATION FOR SPECIAL BOW HUNTING PERMIT, Norm Svien CONDITIONAL USE PERMIT, Richfield Sod & Blacktop, for outdoor storage PROPOSED ORDINANCE AMENDMENTS, massage therapy MASSAGE THERAPY ESTABLISHMENT LICENSE, LifeTime Fitness MASSAGE THERAPIST LICENSES in conjunction with LifeTime Fitness INTERIM USE PERMIT, Aspen Hills Church, to allow a temporary church at the Southeast Intersection of Lone Oak Road and Lexington Avenue INTERIM USE PERMIT, Steininger Recycle, Inc., to Allow Recycling of Concrete along the South Side of Yankee Doodle Road West of Highway 149 CONDITIONAL USE PERMIT, Steininger Construction Co., Inc., to Allow Outdoor Storage of Construction Equipment, at the Northwest Intersection of Mike Collins Drive and Aldrin Drive CONDITIONAL USE PERMIT, Lull Industries, to Allow Outdoor Storage of Equipment and Materials West of T.H. 13 and North of Meadow View Road PRELIMINARY PLAT, Skyline Heights, Consisting of Two Single Family Lots on 1.4 Acres Located North of Lone Oak Road ADDITIONAL ITEMS (GOLD) LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) ADMINISTRATIVE AGENDA (GREEN) VISITORS TO BE HEARD (for those persons not on agenda) ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 29, 1994 SUBJECT: AGENDA INFORMATION MEMO FOR THE OCTOBER 4, 1994 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE >MINUTES After approval is given to the October 4, 1994 City Council agenda, regular minutes for the September 20, 1994 City Council meeting will be in order for review. Staff is requesting clarification regarding Consent Agenda item M. from the September 20 meeting. That action was to accept the resignation of Cheryl Dusek from the Solid Waste Abatement Commission and consider the appointment of a replacement to fill out the remainder of her term. Staff had recommended that Wally Wall of Knutson Rubbish, the current commission alternate be appointed to that position and that the alternate position remain vacant through organizational business in January. Mr. Wall's name was omitted from the action item in the event the Council wished to appoint someone else. Because the Council did not name someone to replace Ms. Dusek, staff is requesting clarification as to whether it was the intention of the Council to accept staff's recommendation that Mr. Wall be appointed as the replacement. If this is the Council's intent, the September 20 minutes can be modified to reflect that action. Following the adoption of the agenda and minutes, the following items are in order for consideration. i Agenda Information Memo October 4, 1994 City Council Meeting There are twenty -four (24) items on the agenda referred to as consent items requiring 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 Additional Items unless the discussion required is brief. A. PERSONNEL ITEMS: PERSONNEL ITEMS Item 1. Request for Proposals /Life, Accidental Death and Dismemberment and Long Term Disability Insurance - -State law requires that all cities make requests for proposals (RFP) for group insurance coverages at least every five years. The City did make request for proposals for health insurance coverage during 1993, however, it has been five years since we have issued an RFP for life and A, D & D insurance coverage. Currently, our life, A, D & D and long -term disability coverages are with one company in a package. The RFP to be issued for the City will request proposals for all three coverages under the conditions in our current contract. However, because the current long -term disability coverage is only two years old, the RFP will include an alternate whereby the City may keep its current long- term disability coverage if it so chooses. The effective date of the new insurance contract will be January 1, 1995. ACTION TO BE CONSIDERED ON THIS ITEM: To approve issuing a request for proposals for life, A, D & D and long -term disability group insurance coverage. Agenda Information Memo October 4, 1994 City Council Meeting PLUMBERS LICENSES B. Licenses, Plumbers- -City Code requires that plumbing contractors opera 'ng within the City of Eagan be licensed on at least an annual basis. Enclosed on page is the list of contractors whose applications are in order for consideration at this time. 3 PLUMBER LICENSES FOR APPROVAL - YEAR 1994 1. Hillcrest Plumbing 2. Mike Peterson Plumbing 3. Rose Sewer & Water 4 Roseville Plumbing & Heating, Inc. For October 4, 1994 City Council meeting Agenda Information Memo October 4, 1994, City Council Meeting RECEIVE FINAL ASSESSMENT ROLL /ORDER PUBLIC HEARING C. Project 646, Receive Final Assessment Roll /Order Public Hearing (Blue Cross Road - Street Rehabilitation) - -The rehabilitation of the street and related trailway construction along Blue Cross Road has been completed, all costs calculated and the final assessment roll prepared. This roll is now being presented to the City Council for their consideration of scheduling a public hearing to formally present the final cost to the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 646 (Blue Cross Road - Street Rehabilitation) and order a public hearing to be held on November 1, 1994. RECEIVE FINAL ASSESSMENT ROLL /ORDER PUBLIC HEARING D. Project 659, Received Final Assessment Roll /Order Public Hearing (Dodd Road - Street and Trail Construction) - -The reconstruction of Dodd Road and the installation of new trailways between Cliff and Diffley Roads is nearing completion, all costs calculated and the final assessment roll prepared. This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final cost to all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 659 (Dodd Road - Street and Trail Construction) and schedule public hearing to be held on November 1, 1994. RECEIVE FINAL ASSESSMENT ROLL /ORDER PUBLIC HEARING E. Project 660, Received Final Assessment Roll /Order Public Hearing (Wilderness Run 1 - 4th Addition - Street Rehabilitation) - -The rehabilitation of residential streets within the Wilderness Run 1st through 4th Additions is nearing completion, all costs calculated and the final assessment roll prepared. This roll is now being presented to the Council for their consideration of scheduling a final assessment hearing to formally present the final cost to all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 660 (Wilderness Run 1-4th Addition - Street Rehabilitation) and schedule a final assessment hearing to be held on November 1, 1994. Agenda Information Memo October 4, 1994 City Council Meeting HANDGUN INVESTIGATION FEES F. Investigation Fees for permits to carry handguns -- Enclosed on page 7 is a memorandum from the Police Department relative to legislation permitting cities to charge a processing fees for permits to carry handguns As outlined in the memo, this fee would partially offset the total cost of handgun investigations conducted by the Police Department. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the implementation of a $10 investigation fee for processing applications for permits to carry handguns. city of =man 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 -1897 PHONE: (612) 681 -4700 TDD: (612) 454 -8535 FAX: (612) 681 -4738 September 16, 1994 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: PERMIT TO CARRY HANDGUN INVESTIGATION FEE Effective August 1, 1994, Minnesota Law concerning handguns changed significantly. Several amendments to the Minnesota Handgun Regulation Act were passed during the past Legislative Session. The direct result of this legislative effort is that Minnesota is now in compliance with the Brady Law. The new legislation allows cities to charge $10 for processing applications for Permits to Carry only. Cities are not allowed to charge for applications to purchase. The City of Eagan Police Department processed approximately 40 Permits to Carry between August, 1993 and August, 1994. During that same period we processed approximately 245 Permits to Purchase. The Eagan Police Department spends approximately $2,700 per year on the investigation of Permits to Purchase and Carry. The Eagan City Council may want to consider charging the $10 fee for Permits to Carry to help reduce some of the costs associated with the investigation. PJG:lb Patrick J. Ge Chief of Police THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk Equal Opportunity /Affirmative Action Employer police department PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Administration & Investigation JAMES SEWALD Captain Patrol Agenda Information Memo October 4, 1994 City Council Meeting WATERVIEW FINAL SUBDIVISION G. Final Subdivision, Waterview -- Review of the final subdivision plans and the development contract for the Waterview Subdivision has been completed. Requisite financial guarantees have also been provid . Final approval of this subdivision would, therefore, be in order. Enclosed on page is a copy of the final plat as it appears for recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final subdivision for Waterview Addition. LW • It . F— f+= or a.. • 1'7 ! 1 J z 0 1- Q *d 1 1 a ll =a 2 Q N 1- 1 . 1 tz 1 �� L. 1 Sr : s a Agenda Information Memo October 4, 1994 City Council Meeting BACHEL'S BACKYARD FINAL SUBDIVISION H. Final Subdivision, Bachel's Backyard - -Final Subdivision for Bachel's Backyard has been continued to the October 18, 1994 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the final subdivision for Bachel's Backyard to the October 18, 1994 City Council meeting. 1 Agenda Information Memo October 4, 1994 City Council Meeting POND VIEW TOWNHOMES 1ST ADDITION REPLAT/FINAL SUBDIVISION I. Final Subdivision, Pond View Townhomes 1st Addition Rep lat—The Pond View Townhomes Subdivision plat has been revised in order to provide the required setbacks of the buildings on the lots. This is a replat and only changes the location of some lot lines on paper. The location of the buildings, the distance from each other, the overall density of the project and its original layout are still as approved by the City Council. The lot line location corrections were necessary in order to allow windows to be constructed in conformance to State Build' Code requirements. Therefore, approval of this replat is in order. Enclosed on page J.is a copy of the replat. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final subdivision for Pond View Townhomes 1st Addition. 11 0 • T 1 • 0 • 1 1 6 111001tiri 41411 L R°5/6 f2ij S 6 C, azr 2 4..a4 9 1 .. IN 4.08 a C warn ci LI • - c 29 29 exer. lay .,;?1:3,70ii :TA; 77$44i A L I ! OF 011.T.7. ,ANSPoRT ricdi c p 0: C, *41110,,E- ":' - 4,4 . 3 Z2.90 S $2 1"1 t 4 - Aft27 W 4 .. t4 0 i9- ::pre•AP 441 a A Pi:Sr T FT AI)F;r1,FiN — 71214 3 il ........ 9 _ /-',.: . I r . -,„,,,,....:„_. .s,.... I- D ALA:. ii i . • IL a p,., „. _ _ --................... • f te ----...„,„----__ - 4 u 7 r 144 .,.; ' 4 1.) IV 7 9!Z fa - ....." -3 0S+ e ''''' In i§'5 ,... --„,..., • --„,........, ;:e o vg, R., Ri , IC r. - il $ l ,4 c ' ..7. - .3 " 4 ., R.. g 9 9 - . - '4•44 7 4 I VO ot• - ,,,,, -6. / ' i i '4 4iiii zs .4 r ... „.. .:., +.7 ,..:. 1§ rn 0 i 4 4.1Z 3 5 4 , 5/ I . * ., ii a \ •.:I.Fii: sl 4444 1, '.\ to., s 0014 16.34 1 ,71 t a •E1 .....„.1.$2. $ ocrS• 76_,......._ 111 ..........--- N ocos4 iiiHGi-CrE sT uto of WC IMONTKAST WW1, Or ROE SOUTHEAS1 reuarma Of SIECZON 10, 10•■•■Skte V. ilta40E 23. 0•Kot• COuN TY, woomEStrr• Agenda Information Memo October 4, 1994 City Council Meeting ELECTION .TUDGES J. List ocptection Judges for November 8 General Election -- Enclosed on pages 1 through a is a copy of the list of election judges for the November 8, 1994 general election. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the list of election judges for the November 8, 1994 general election, as presented. DEMOCRAT LIST OF ELECTION JUDGES FOR THE GENERAL ELECTION City Council Approval JLEPUBLICAN STUDENTS BILL GUELCHER SHARONASILEFORD HELEN GERTEN MARILYN LEGLER SEAN SWITZER C A R O L Y N KAY KOHLMAINEN PATTI BENJAMIN JEAN KIMBER OLEE AMATA ZHURSTON EMILY MEDIN KAREN UECKER EVELYN USS KATHRYN JENSEN JUDY SAIMA DICK BEATTY RICHARD IFFERT WALTER KLAUS D A N I E IL. ANN THOMAS ALICE BOLKE MARILYN PORTER BARB NUTTALL CARTWRIGHT GROVER B1 I L E HELEN KENNEDY FRANK HAMERNIK JUDITH HAWLEY ERICA SWENSON SHEILA SHAY JIM KENNEDY ALICE KRETIZ MICHELLE DICK M I C H E L L E . CAROL SUE CRUZ DONALD SEKTNAN JUDY HANSEN BARB LINERT WENNERSTROM JUDY MUNDAHL JUDY HANSEN SHARON LINDHOLM CATHY BROST LUCAS WITIWER ANGIE FLYNN SONYA LARSON JIM DECH M I L D R E D BECCA BROBACK DOROTHY VIRGINIA NICOLAY NEAL BLACK HARTLEBEN TARA BRINGWATT PETERSON JUNE NELSON TERRY MESTNIK ROBERT MILLER TYSLEY TAYLOR SHARON UNDHOLM LARRY BRUCE MARK OLSON ADEIAINE BUEHLER J A R R 0 I) HELEN JARVI MARCINE OLSON ROSEMARY JOHN MATSCHTNER AUGUSTSON JEAN HARMON PAT LARSON TEAFORD ELEANOR GRIMMER FLORENCE MULLEN JOAN BOHLIG TRUDY ZIMMERMAN OTHER EAGAN HIGH ELIZABETH BASSETT CAROL HERMAN KAY GRABNER STUDENTS WALTER LAWRENCE LAURA BASBALLE ELAINE FISCHER MARTIE RUZICKA EVELYN OTTERNESS BILL PFEIFFER ZELLA MIRICK CAWRENCE HANSON BRIGITTE HOLM 24 BURNSVILLE HIGH JUNE NELSON JUNE K E T C H A M J E A N E T T E STUDENTS BARBARA SHIELDS ELEANOR BRUCE LEIBBRAND FLORENCE HANSON ROBERT VOGEL PHYLLIS LIGMAN Matt Coon WILLIAM SKAR LYLE SEVERSON DEANNA KIVI Neal Fe l dhan KAREN DARE EIANOR MEGAN LOIS AGRIMSON CAROLEE JONES CAROL VIHOVDE JOYCE MCGEE Katrina Haugen MART GUEFZIAFF JAN GIEFER LINDA MCGEE Chera Fredrick M A U R E E N JOANN GEORGE Jarrod Augustsan PREBELICH LYNN PRAZAK ARELENE LEIBEL JAN BELIVEAU SHARON BRUCE GLADYS BYRNES EDITH DRAKE RUTH TWOMEY NANCY SEVERSON BERNADINE GOESS JUDY PETERSON LOIS EKEY PAT BASK JOYCE LANGNICKEL SHIRLEE KLANG MARY HANSEN CHUCKIANGNICKEL AURELIA PETERSON MARGE JACOBS VIVIAN DATE CHAR O'DONNELL PHYLLIS MANTHIY SONYA LARSON LORRAINE RIEGER GARY DODGE DONALD SEKTNAN KAY DODGE LORRAINE BUNKER YVONNE KRISNIK VICKIE PLOTT BEVERLY ZAINE MARILYN HOLM LAMES ORCLTIT ANN OURADNIK MARGARET MARIE LANE PELLERIN PAUL YOUNGNER EVELYN COTA PAT KAEDER MARY ICELLNER MARY TESKE IRENE WACHITER ERIC LOCSCHART LUCIA JOHNSON VICE JABBRA KIM EDSON JEANNE KOEHLER BARB SCHREINER NANCY ERIC KSON STEPHEN OLSON ANNE SUIIIVAN PAUL.INE LEGENDRE MARY JANE LAROCK SHARONSCHOFT 1 PR ETHEL GROFF ELAINE JONES SANDRA NELSON JIM DRISCOLL MARY BAEHR RUTH PRYOR PENNY JOHNSON KAREN FLOOD R -98% OCT -01- 1994 0:43 To: City Clerk Eagan ATT'Eto cr' 1.P Lt? ► t T From: Mary L. Lenhardt Burnsville Senior High 895 -7354 Re: Election Judges These students are listed in pairs as you requested. Eagan 6 -2 Shift Eagan 2 -10 Shift Defoe, Lindsey Frame, Felicia Duggan, Brian Johnson, Dan Dunn, Karen Hutchinson, Troy Kinsell, Cara Maciver, Angie Raval, Geeta Sullvold, Jodi ir Doherty, Meghan LaBrosse, Jessica Forde, Rachel Johnson, Heather Gilmore, Beth Goter, Susan Harberts, Nicole Erickson, Kristen Hittner, Renaye Larson, Mitch Hassett, John Morse, David Jakubowsky, Karen Kern, Cathy P.01 CO21- TOTAL P.01 09 -30 -94 10:44AM P001 #46 Agenda Information Memo October 4, 1994 City Council Meeting WETLANDS CONSERVATION ACT AUTHORITY K elegation of Authority for Wetlands Conservation Act -- Enclosed on pages n through is a memorandum from the Parks and Recreation Department regarding legislative authority for local governmental units to delegate the authority for implementation of the act for water bodies of 10,000 square feet or less. Staff is recommending that this authority be delegated to the Water Resources Coordinator for the reasons outlined. ACTION TO BE CONSIDERED ON THIS ITEM: To delegate authority for Wetlands Conservation Act implementation for water bodies under 10,000 square feet to the Water Resources Coordinator as presented. 1 v TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION RE: DELEGATION OF AUTHORITY TO STAFF FOR ADMINISTRATION OF WETLAND CONSERVATION ACT (WCA) PROVISIONS DATE: SEPTEMBER 27, 1994 Issue Staff is requesting that the City Council consider authorizing the water resources coordinator to issue exemptions and approve wetland replace plans for non - controversial actions affecting less than 10,000 square feet of wetland, as per the provisions of the 1991 Wetland Conservation Act (WCA) and the 1994 amendments to that Act. Background RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION The 1994 special session of the Minnesota Legislature passed a bill which made several modifications to the 1991 Wetlands Conservation Act. One of these modifications allowed for a streamlined notification process for projects that would result in the filling or draining of 10,000 square feet (about .23 acres) or less of jurisdictional wetland. Specifically, the legislation allowed local governmental units ( LGU's) to issue notifications of intent to fill /drain and notifications of decisions to a wide range of parties, but without having to wait to act for the requisite 30 -day comment period after each notification. The intent of this legislation was to reduce the length of the "notification and comment" process for small wetland impacts so that LGU's could be more responsive to the regulated community. There are two primary benefits to delegation of this authority to a staff level position for non - controversial projects. First, the City will be more responsive to the needs of regulated parties because of shorter turnaround times for decisions. Second, I believe less resources will be expended by the City in WCA administration if the Council is involved directly only in those actions which involve larger and /or more controversial wetland impacts where public review is most critical. This projected increase in efficiency should allow staff to spend more time on implementation of the water quality management plan and on the critical evaluation of proposed actions that would affect the larger, often higher value wetlands. Staff still anticipate that wetland impacts associated with new developments that fall under the proposed 10,000 square foot threshold would be reviewed by both the Advisory Parks, Recreation, and Natural Resources Commission (APRNRC) and receive preliminary approval from the City Council as part of the preliminary plat approval process. However, follow -up activities that would otherwise require additional governing body action would be handled at the staff level. For other proposed actions that would affect wetland areas under the threshold, we propose that the Director of Parks and Recreation have the authority to determine whether the project qualifies as controversial based in part on input from staff. If the Director considers the wetland issue controversial, staff's recommendation would be reviewed by both the APRNRC and the City Council. In addition to the replacement plan provisions of the WCA, there are also 25 conditions under which activities affecting a wetland must be exempted from regulation under the WCA. The criteria that govern whether an exemption is granted are wholly technical. That is, if certain physical and legal criteria are met, the LGU must grant the exemption. Because of the technical, non - discretionary nature of this aspect of WCA administration, it may be appropriate to officially delegate to staff the responsibility and authority to make these decisions as well. Council Action Requested Staff request that the City Council designate the water resources coordinator the authority to issue exemptions and approve wetland replacement plans for non - controversial actions affecting 10,000 square feet of jurisdictional wetland or less. Ken Vraa, Director Department of Parks and Recreation Rich Brasch Water Resources Coordinator (47 Agenda Information Memo October 4, 1994 City Council Meeting SCHWANZ LAKE WATER OUALITY IMPROVEMENT PLANS L. Preparation of Plans for Schwanz Lake Capital Water Quality Improvements -- Enclosed on pages2Othrough.9 a.is a memorandum from the Parks and Recreation Department requesting authorization to prepare detailed plans and specifications for the first phase of the Schwanz Lake Water Quality Improvement Project. This item was previously discussed by the Council and the City has secured matching funds from the MPCA for 50% of the project. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize preparation of plans and specifications for the Schwanz Lake Capital Water Quality Improvements. (9 TO: KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: REQUEST FOR CITY COUNCIL APPROVAL TO PREPARE SPECIFICATIONS AND BID DOCUMENTS FOR SCHWANZ LAKE CAPITAL IMPROVEMENTS DATE: SEPTEMBER 26, 1994 Issue Staff is seeking authorization from the Council to proceed with preparation of detailed plans and specifications for Project Year 1 capital improvement projects for the Schwanz Lake Water Quality Improvement Project. Background These projects will begin the implementation of the capital improvements phase of the Schwanz Lake Water Quality Improvement Project. At their June 21, 1994 meeting, the City Council approved a grant agreement between the City and the Minnesota Pollution Control Agency that will provide up to 50% grant funding for implementation of the City's strategy to improve water quality in Schwanz Lake. The attached memo from staff to the Advisory Parks, Recreation, and Natural Resources Commission provides background on this issue. As you will recall, the Commission reviewed this proposal and unanimously recommended at its September 17, 1994 meeting that authorization to prepare detailed plans and bid documents for this project be granted. The engineers estimate for the work is $59,420 and is consistent with the revised and updated budget for this project. Council Action Requested Staff requests authorization from the City Council to prepare detailed plans and specifications for the first phase of capital improvements for the Schwanz Lake Water Quality Improvement Project. Rich Brasch Water Resources Coordinator cc. Tom Colbert John VonDeLinde �6 TO: ADVISORY PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: RECOMMENDATION TO PREPARE SPECIFICATIONS AND BID DOCUMENTS FOR SCHWANZ LAKE IMPROVEMENTS DATE: SEPTEMBER 12, 1994 Background Staff have proposed to proceed with construction activities for the Schwanz Lake Water Quality Improvement project. As Commission members will recall, implementation of this project has been facilitated by the award of a grant from the Minnesota Pollution Control Agency which will cover up to 50% of the cost of implementing the project. Schwanz Lake is one of six Class I direct contact recreation water bodies identified in the Eagan Water Quality Management Plan and is the fourth highest priority on the Plan's list for long -term lake enhancement projects. Project Year 1 activities involve excavation of the south bay of Schwanz Lake and construction of an extension to introduce relatively good quality discharge from Hay Lake into the main portion of Schwanz Lake for dilution purposes. A schematic drawing showing the areas affected by each of these improvements is attached as Figure 1. The cost estimate for the south basin improvements ranges from $10,350 to $17,970 depending on whether a submerged berm is needed to separate this basin from the rest of the lake. The cost estimate for the Hay Lake inlet extension is $41,450. These costs are consistent with the revised and updated budget for the project. Commission Action Requested Staff requests that the Commission recommend approval to prepare specifications and bid documents for Project Year 1 capital improvements for the Schwanz Lake Water Quality Improvement Project. Rich Brasch Water Resources Coordinator a r / / / • /— | / --[ / / / HACK ROAD / LP-61.1 LEGEND / \ / ~ ' ; - ` '� ) � / / / / i \ -` ' ' / / ' / `, -� --- ~ . | / . i , � OUTLET . / �. "§) / -- .' ��0� m�+�"�u * - - -'- � �� -OF 'SUBMERGED PERM ' HAY LAKE INLET EXTENTION (1994/95) PROPOSED FUTURE HAY LAKE INLET EXTENTION EXISTING STORM PIPE ' / //' | ' ' /', 0 CITY OF EAGAN FIGURE � 994/95 WATER QUALITY IMPROVEMENTS \49\ CORa . | m i PHASE', II EXTEISION ALTERNATIVES ` AREA �ru rnn PROPOSED �-. ...` ~ � WETLAND MITIGATJON . / - / \ \ �'--+ ~ ' --' / —`— 400 Scale in feet I_ i / / | i /� | i / �� ..._..1 _i_... �_� � / ( �--_ ` l -_I ( C . -. -� . / { / ' / ` • � ' ' ` . � -` - / --__ ` ~ . ` ' ^ = ' ^ -`' ' �� _ � _ /��~' \ \ `---- / ( � \ ' ` —- ',./...".--- �_- ' / ' ` ' � ' - -~ _— � — . ^ -' `` ' ` ` ~- _ . � ' .1 ..,„...-1 `� '' \ \ \ � ` ' r' / / T | . , '. \e''' :),,,v,.,••••-•'' �^'— \ \ . . _�� / / ` � ./'\ �/ / / -, \ - '~\- ~� \;"---- \ \ \ , / ' / / '' � \' .~�--- \ \ \ \ 1 / �-- ' . ` • ` ~ �-_- . 800 ) --- PROPOSED 1 �� IMPROVEMENTS FOR SCHWA NZ LAKE �� -- - - ' - - '—' ''~ ' ~~'~~-'` ' ~~ ' `~'^ ~^^°/ /,"^�/n^. �/�/��~ A tij r '� Andertik a Associates Agenda Information Memo October 4, 1994 City Council Meeting CONVENTION AND VISITORS BUREAU BUDGET M. Budget Adoption, Convention and Visitors Bureau - -As a condition of implementing the lodging tax to support the Convention and Visitors Bureau, the City Council has the authority to review and approve the annual convention and visitors bureau budget. A copy of the proposed budget for fiscal 1995 has been submitted to the City by Ann Carlon of the CVB. Staff is in the process of completing its review and will be discussing remaining issues with Ms. Carlon when she returns to town on Monday. A copy of the proposed budget and support information will be distributed at that time ACTION TO BE CONSIDERED ON THIS ITEM: To adopt the Convention and Visitors Bureau budget, as presented. as Agenda Information Memo October 4, 1994 City Council Meeting JOINT POWERS AGREEMENT/EAGAN AND DAKOTA COUNTY MUNICIPAL CENTER SITE IMPROVEMENTS N. Joint Powers Agreement, between the City of Eagan and Dakota County for Municipal Center Site Improvements - -The City of Eagan and Dakota County have a joint powers agreement relative to the maintenance and responsibilities shared by the two agencies relative to the Municipal Center complex including the Dakota County Library. Enclosed on pages through is an amendment to the joint powers agreement covering the Municipal Center site improvements and transfer of easement for the Municipal Center circulation drive. The agreement is consistent with the platting of the property and the relocation of library access to the circulation drive. The amendment has been reviewed by staff and the City Attorney's office and is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the first amendment to the library site joint powers agreement between Dakota County and the City of Eagan for Municipal Site improvements as presented. a 5/ FIRST AMENDMENT TO LIBRARY SITE JOINT POWERS AGREEMENT BETWEEN COUNTY OF DAKOTA AND CITY OF EAGAN WHEREAS, Dakota County and the City of Eagan executed a joint powers agreement for provision of land and construction of a library facility within the Eagan civic center area in August of 1979; and WHEREAS, reconstruction of the Eagan municipal building has necessitated changes in driveway access and internal traffic circulation around the library and. the Eagan municipal building; and WHEREAS, the parties wish to amend the joint powers agreement to reflect the changes brought about by said construction. NOW, THEREFORE, the parties hereby agree to amend the 1979 library site joint powers agreement as follows: 1. The City of Eagan agrees to construct and maintain, at its sole expense, a new civic center drive serving the Eagan civic center and the Wescott library. 2. The City of Eagan will work with the County in development of the final driveway construction plans to ensure that the final plans are consistent with the County's parking lot expansion plans. 3. Dakota County hereby grants and conveys to the City of Eagan a permanent, public easement for roadway and utility purposes over, under and across the following described property: See attached legal description. In addition, the County hereby grants to the City a right of entry to perform construction work on the County library property as needed to connect the driveway stub being constructed by the County at the southwest corner of the new library parking lot to 1.2C civic center drive and to close the existing west library driveway connection to Wescott Road, remove the existing driveway, construct curb on the northwest edge of the new library parking lot and on Wescott Road where the driveway is removed and to restore the vegetative ground cover around both construction sites. (See attached drawing for visual depiction of construction areas: the drawing is attached for reference purposes only.) 4. The City of Eagan will construct, at its sole expense, the driveway connection from the new library parking lot to the reconstructed civic center drive. 5. The City will construct, at its sole expense, the curbing and surface restoration at northwest corner of the new 6. The City of Eagan assessments levied against the existing west library driveway and library parking lot. will continue to pay any and all special the library site as specified in the existing 1979 joint powers agreement. 7. The City of Eagan will be responsible for the provision, installation and maintenance of all directional signage associated with the new westerly driveway access including signs indicating the direction to the Wescott Library from the civic center driveway. Dakota County will be responsible for any signage required for interior traffic circulation on the library site. 8. That in all other respects the joint powers agreement entered into between the parties in August 1979 is unchanged and shall remain in full force and effect. 2 ap IN WITNESS WHEREOF the parties have executed this agreement on the dates indicated below. pproved as o COUNTY OF DAKOTA ssista — •un y Attorney /Date Donald J. Maher Board of Commissioners Chair Date of Signature Approved as to execution: Assistant County Attorney /Date Approved by Dakota County Board Resolution No. 94 -556 K/K94 - 309 Attest Norma Marsh, Auditor Date of Signature APPROVED BY EAGAN CITY COUNCIL RESOLUTION ON CITY OF EAGAN Mayor Date of Signature City Clerk Date of Signature Approved as to Form: By: Eagan City Attorney Date of Signature 3eV ›• LEGAL DESCRIPTION A public easement for roadway and utility purposes over, under and across that part of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 22, Township 27 North, Range 23 West, Dakota County, Minnesota lying westerly and northerly of the following described line: Commencing at the northwest corner of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence easterly along the north line said Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) 52.00 feet to the beginning of the line to be described; thence southerly parallel with the west line of said Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) 346.00 feet; thence southwesterly along a curve concave to the northwest having a central angle of 38 degrees 41 minutes 06 seconds, a radius of 237.00 feet, a distance of 160.02 feet to the west line of said Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1 /4) And there terminating. z b City Hall Parking r) Agenda Information Memo October 4, 1994 City Council Meeting INTERIM USE ORDINANCE SOUTHEAST INDUSTRIAL DEVELOPMENT MORATORIUM O. Interim Use Ordinance, Southeast Industrial Development Moratorium - -At the direction of the City Council, legal staff prepared an amendment to Chapter 11 of the zoning code establishing a moratorium on building permits on approximately 43 acres of land along the east side of Highway 3, abutting the Rosemount border. The Advisory Planning Commission conducted a public hearing on this proposed ordinance amendment at its meeting of September 27, 1994. There was extensive public comment at the hearing by the property owners in Halley's Addition. The Commission conducted an extensive discussion focusing primarily on the time period of the moratorium. Some Commission members felt that the study should be conducted as quickly as possible to limit the burden on the affected parties. As a result of this discussion, the Commission is recommending approval of the ordinance with two revisions: 1) the September 1, 1995 expiration date to be revised to April 1, 1995 and 2) Section 11.05(C)(v) be revised to remove the prohibition of a variance. City Planner Sturm has been directed to develop a process, outline and time schedule for the southeast industrial area study to establish how long the study will take. This information will be available by the Council meeting on Tuesday evening so that the Council can consider that when determining how long a period to establish for the moratorium. It should be noted that even if the moratorium is established, as originally drafted, to expire within one year, it can be terminated sooner if the study is completed prior to that date. It is certainly the staff's intention to complete this study as expeditiously as possible. The down side of putting a six month termination date on the moratorium would be that should the Council want to extend the moratorium for another month or so, an additional public hearing before the Planning Commission would need to be conducted with subsequent action by the City Council. The recommendation of the Planning Commission that a variance procedure be provided was intended to allow for necessary repairs or alterations as a requirement of ADA insurance standards or other code provisions. However, this variance option is already provided in the ordinance as it currently is drafted under Section C(i). Due to the late hour of the Planning Commission discussion, I believe this issue was not fully explained to the Commission. A copy of the minutes of the planning Co ssion is enclosed on page32. through$.. Also enclosed on pages . i through is a copy of the Community Development Department staff report with the proposed ordinance attached. In summary, staff believes that the ordinance as drafted would be appropriate to enact. The City Council should direct staff to complete the study within six months so that the moratorium can be terminated within that time frame. 3 d Agenda Information Memo October 4, 1994 City Council Meeting ACTION TO BE CONSIDERED ON THIS ITEM: To approve an ordinance amending Eagan City Code Chapter 11, entitled "Land Use Regulations (Zoning)" by adding Section 11.05 entitled "Interim Use: Study Area"; and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. Furthermore, to direct City staff to complete the southeast area land use study within six months. 3/ PAGE 23 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 MORATORIUM ORDINANCE HALLEY'S 1ST ADDITION /WEST AND GUN CLUB AREA LAND USE STUDY Voracek opened the next public hearing of the evening regarding an Interim Use Ordinance to study the land use and zoning for a portion of the SE; of Section 36 east of Trunk Highway 3. City Planner Jim Sturm introduced this item. Mr. Sturm highlighted the information presented in the City staff's planning report dated September 22, 1994. Sturm noted the background and purpose of the moratorium ordinance, the scope of application of the moratorium ordinance and the termination date of the ordinance. John Young, a property owner in the Halley's 1st Addition area, stated that he currently is leasing office space which is subject to the tenants ability to make structural improvements. Mr. Young questioned whether structural improvements require a building permit and if so, then the lease cannot be fulfilled. City Attorney Dougherty advised that if a building permit is required for the structural improvement desired, then the moratorium prohibits such structural improvement. The owner of Magnum Towing also was present. He noted that the Commission has expressed concern throughout the evenings meeting about burdens on businesses and expressed that the moratorium proposed will effect the businesses in the area. He then discussed his concerns regarding any zoning changes. Roger Weierke of Weierke Operations owns the property on which Magnum towing is located. He stated that if a moratorium goes into effect, he will lose his leasee, Magnum Towing, because Magnum Towing had plans to construct office space. The owner of undeveloped land in the study area expressed concerns regarding the issue of rezoning. Denny Hyster, also an owner of a building in Halley's 1st Addition opposed the moratorium. Bill Schlitz, owner of property in Halley's 1st Addition, stated that he just purchased the property in May 1994. He stated that there are many improvements he must make for insurance purposes, employee safety and health issues and possible improvements to comply with the ADA law. Mr. Schlitz further stated that in April, he contacted the City regarding his purchase of the property and potential improvements thereon but was never advised at that time of the potential moratorium nor of the proposed elementary school. Another owner of a building in Halley's 1st Addition stated that at least 15 businesses in the area will be adversely effected by the moratorium but did not state any reasons therefore. Roseanne Balser, a resident 3? PAGE 24 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 of Weston Hills, questioned when and where the neighborhood meeting occurred and expressed concern that she never received notice of the evenings public hearing. Member Miller noted that he had previously talked to John Young regarding Mr. Young's concerns and further noted that he referred Mr. Young to Chairman Voracek. Member Segal stated that the purpose of the moratorium is to prevent new uses but under the ordinance the City Council may allow improvements which require a building permit in order that the owner comply with all laws. Member Heyl expressed concerns regarding Section C.V of the Ordinance with respect to its prohibition of any variances to the moratorium ordinance. Heyl suggested the proposed amendment be revised to remove the prohibition of any variances in order to permit required repairs or improvements required of the property owner in order to comply with laws. Discussion ensued among the Commission members regarding the time period of the moratorium. Chairman Voracek stated that regardless of what the time period is of the moratorium, the property owner may be burdened to the extent of losing their business due to the moratorium. Member Merkley stated that a moratorium makes more sense for purposes of protecting the risk to the property owners than no moratorium. Heyl moved, Isberg seconded, the motion to recommend approval of the ordinance with the following revisions: 1. The September 1, 1995, expiration date of the ordinance be revised to be April 1, 1994; and 2. Section 11.05(C)(v) be revised to remove the prohibition of a variance. All approved in favor except Chairman Voracek and Members Merkley and Wallace. 33 TO: ADVISORY PLANNING COMMISSION CHAIR RON VORACEK ADVISORY PLANNING COMMISSION MEMBERS FROM: JIM STURM, CITY PLANNER DATE: SEPTEMBER 22, 1994 SUBJECT: AMENDMENT TO ZONING ORDINANCE CHAPTER 11 MORATORIUM ON DEVELOPMENT IN SE EAGAN JNTRODUCTION: MEMO city of eagan At the direction of the City Council, legal staff prepared an amendment to Chapter 11 of the Zoning Code establishing a moratorium on development of approximately 43 acres along the east side of Highway 3 abutting the Rosemount border. A copy of this ordinance and a map highlighting the study area are attached. BACKGROUND: The area east of Highway 3 was once a very remote portion of the City; however, it is now the area with the most explosive growth (the most recent of which is the 18th elementary school for Independent School District 196). Due to the changing character of the surrounding area, the City Council initiated this Comprehensive Land Use Study. At its September 6, 1994 meeting, the Council directed staff to prepare a Comprehensive Study of the Light Industrial zoned land, as well as the Park zoned West End Gun Club land to see if the Comprehensive Guide Plan should be amended. They also directed that a moratorium on all development be enacted on this defined area until completion of the study. Several affected property owners were in attendance at the City Council meeting and expressed their concem with having a moratorium on the area. They also expressed their desire to be included in the moratorium process. Notices were sent to all directly- affected property owners and those within 350 feet of the study area, and an informational meeting was held on September 19. Attached are minutes from that meeting. 3 `� The entire area on the east side of Highway 3 south of Cliff Road is guided D -I Single Family Residential (0 -3 units /acre) in the Comprehensive Land Use Guide Plan. The West End Gun Club is approximately nineteen acres and the industrial land to the south is vacant except for one single family home. There are several buildings in the Halley's Addition, as well as one on the north side of Gun Club Road along Highway 3. Utilities are not available to the study area at this time. The Halley's Addition was platted in 1972. Building permits for new construction have been issued over the years and the City has recently received permit applications for additions and new construction. Also, there have been several Conditional Use Permits for outdoor storage issued. The public hearing for a moratorium on development is held at the Advisory Planning Commission. After action at the September 27, 1994 meeting, this item will be forwarded to the City Council on October 4. ORDINANCE AMENDMENT: The proposed ordinance amendment is the same as that used for the Lone Oak Study earlier this year. It places a moratorium on building permits, rezonings, comprehensive plan amendments, platting, conditional use permits, variances, permits for utility installation, and grading and excavation of the subject property. The termination date of this ordinance is September 1, 1995, or such time that the City Council determines. ACTION REQUESTED: To approve the proposed ordinance amendment. City Planner Attachment JS /js 3 3 6 AN ORDINANCE OF THE CITY OF CODE CHAPTER ELEVEN ENTITLED ADDING SECTION 11.05 ENTITLED ADOPTING BY REFERENCE EAGAN CITY ORDINANCE PTO. 2ND SERIES EAGAN, MINNESOTA, AMENDING EAGAN CITY "LAND USE REGULATIONS (ZONING)" BY "INTERIM USE: STUDY AREA "; AND BY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Sec. 11.05, to read as follows: Section 11.05. Interim Use: Study Area A. On September 6, 1994, the Eagan City Council directed a study to be conducted for the purpose of considering (i) an amendment to the Eagan Comprehensive Guide Land Use Plan; and /or (ii) the rezoning; of that portion of Section 36, Township 27, Range 23, generally described as follows: The South 780 feet of the Northwest Quarter of the Southeast Quarter (NW; - SE;) lying easterly of State Trunk Highway No. 3; and The West 850 feet of the Southwest Quarter of the Southeast Quarter (SW4 - SE;) (the "Property "). B. This interim ordinance is adopted and is applicable to the Property for the purpose of protecting the planning process and the health, safety and welfare of the citizens. C. Commencing on the effective date of this ordinance and ending on September 1, 1995, or such sooner time as the City Council may determine, the Property shall be subject to the following: (i) no building permit for the construction, reconstruction or alteration of any structure shall be issued except for permits for the necessary repair of existing buildings as determined by the City Council. 37 (ii) no proposal for rezoning or comprehensive plan amendment shall be approved by the Planning Commission or the City Council. (iii) no portion of the Property shall be replatted or subdivided except for the purpose of consolidation of parcels of land into single ownership. (iv) no permit or license shall be granted for the installation of utility services, the construction of public utilities, the grading or excavation of land or the extraction of minerals. (v) no conditional use permit or variance shall be approved by the Planning Commission or the City Council. D. The termination date of this ordinance may be extended for such additional periods as the City Council may deem appropriate not exceeding a total additional period of 18 months. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 3 8 SOUTHEAST EAGAN INDUSTRIAL DEVELOPMENT STUDY INFORMATIONAL MEETING SEPTEMBER 19, 1994 An informational meeting was held on Monday, September 19, 1994, to discuss the proposed Southeast Eagan Industrial Development Study. Present were: 22 residents /landowners and City Planner Jim Sturm. The attached agenda was distributed. Jim Sturm explained the proposed development study and related moratorium directed by the City Council at their September 6 meeting. The process was outlined and this initial meeting with the affected property owners and residents was held to insure there was no miscommunication on the purpose of the study. Several questions and comments were raised as to why the study was initiated. Jim responded that there have been numerous complaints from residents in the Weston Hills area about the noise generated by the West End Gun Club. The development activity in Section 36 has been very heavy in the past year. Proper planning is not just road and utility design, but it also looks at the present and ultimate land uses of an area. Following are comments received from residents: Gary Wood (who spoke at the City Council meeting) is concemed that if the Comprehensive Guide Plan and zoning are changed, his business could no longer expand. Roger Weierke raised the concern that they own a vacant lot and during the time of this moratorium, they would be paying taxes on it; however, would not be able to build on it. John Young was concemed about more single family homes in the area and felt the site was isolated and should stay that way. He stated that he was more than willing to make improvements to the property and coordinate with others in the area to improve the entire area, including landscaping and buffering. He stated that banks will not finance if businesses become non - conforming uses and felt the City needs to be clear on its intent - is the rezoning and Comprehensive Guide Plan change really desired or would a clean -up suffice? Dennis Hyster raised a concem of more single family homes, especially in the area west of Halley's Addition. Mike McGraw wanted to know if there would be any HUD assistance if multi- family or single family affordable housing were proposed in the area. Jim Sturm replied that he did not know at this point. Jim Oberg, owner of the land west of Halley's Addition, stated that the HRA had been in contact with him regarding availability of the site for residential. 31 Dennis Hyster stated that the proposed School Road serving the new Elementary School #18 actually was a part of the study area and wondered if it could be built. Art Mulvihill wondered if his vacant lot would be buildable if School Road was built given Light Industrial setbacks. It appears that it would be buildable; however, the size of the building may be impacted. Kevin Mellon stated he felt if the land is rezoned residential, it would fall into low income type housing. He also stated that the existing property owners are against it and feels this is wasting time and tying up their property. Denny Hyster stated that he felt the area should stay Light Industrial for the increased tax base. Stewart Weierke asked how they could stop the process. Jim Sturm advised that the study was initiated by the City Council and, as staff, we are following their direction. John Young stated his family has been in the development business for over 30 years and if the City condemned the property, they must also buy out the remaining leases of those property owners. He felt based on his initial estimate, it would take approximately $2,000,000 to buy out all nine property owners in the Halley's Addition. He added that this situation was very similar to Cedarvale where a general clean -up made a big difference. These improvements could be done rather inexpensively as opposed to removing the businesses from the site and buying out the vacant parcels. He felt that if the goal is to get a clean -up, the fastest way is through cooperation of the City and business owners. He wants to meet with all affected property owners. Gary Morgan questioned how a moratorium would affect a lot presently in a purchasing state. It was noted that a transfer of property would not be affected by the moratorium; however, land could not be further subdivided. Chuck Wamert from the Weston Hills area stated he had no concerns with the existing businesses. tto 1). Sign In 2). Introductions 3). Moratorium Background / Purpose / Copies of Ordinance 4). Process SOUTHEAST EAGAN INDUSTRIAL DEVELOPMENT MORATORIUM NEIGHBORHOOD MEETING SEPTEMBER 19, 1994 • Development in area. • Zoning / Comprehensive Plan. • Council discussion / direction on September 6th. • Input from neighborhood meeting (concerns & issues). • Site analysis ( natural features & existing conditions). • Land use / zoning altematives (possible changes). • Draft report (copies to APC, EDC and CC). • Neighborhood meeting (receive input). • Possible revisions to report. • EDC & APC recommendations. • City Council Action. IN End of Moratorium. 4' Agenda Information Memo October 4, 1994 City Council Meeting ORDINANCE AMENDMENT/USE OF CARWASH IN NEIGHBORHOOD BUSINESS DISTRICT P. Ordinance Amendment, Amending Land Use Regulations, to Provide for the Use of a Car Wash in the Neighborhood Business District - -At its meeting of September 27, 1994, the Advisory Planning Commission conducted a public hearing on a minor amendment to the zoning ordinance to permit car washes as a conditional use in a neighborhood business district. The Commission recommends approval of this ordinance amendment The staff report and actual ordinance amendment are enclosed on pages 43 through *1 ACTION TO BE CONSIDERED ON THIS ITEM: To approve an amendment to zoning ordinance, Chapter 11, to permit car washes as a conditional use in a neighborhood business district. PAGE 25 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 ORDINANCE AMENDMENT NEIGHBORHOOD CONDITIONAL USE - CAR WASH Voracek opened the next public hearing of the evening regarding an Ordinance Amendment to amend Chapter 11, Land Use Regulations (Zoning) to provide for the use of a car wash in Section 11.20, Subd. 10 "NB" Neighborhood Business district including amendments to the definitions, Section 11.03. Project Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staff's planning report dated September 15, 1994. Ms. Tyree noted the background and the purpose of the proposed ordinance amendment and the proposed ordinance amendment itself. Ms. Tyree specifically explained that the proposed ordinance amendments consist of a definition of the term "car wash" and adding a car wash use as a conditional use in a neighborhood business district. In response to Member Segal's inquiry, Ms. Tyree explained that the proposed ordinance amendment would apply to car washes that are either principle or accessory uses on a site. In either case, it would be a conditional use. Wallace moved, Merkley seconded, a motion to approve an Ordinance Amendment to amend Chapter 11, Land Use Regulations (Zoning) to provide for the use of a car wash in Section 11.20, Subd. 10 "NB" Neighborhood Business district including amendments to the definitions, Section 11.03. All approved in favor except Member Segal. MEMO city of eagan TO: Ron Voracek, Chair Advisory Planning Commission Members FROM: Shannon Tyree, Project Planner DATE: September 15, 1994 SUBJECT: Amendment to Zoning Ordinance (Chapter 11) To permit car washes as a Conditional Use in a Neighborhood Business district. INTRODUCTION The City has received a request by Total Gas station on Diffley and Nicols Roads to incorporate an automated car wash (similar to the Phillips 66 car wash) to their existing facility. The site where Total Gas station is located is zoned NB - Neighborhood Business. Car washes are not listed as a use in the NB zoning district, but in the past have received Conditional Use Permits as a way to process their application (Tom Thumb in 1990 as a part of their site plan and PDQ at Hilltop Plaza in 1988). Because the City has processed applications and has approved car washes in the Neighborhood Business District it was determined that the ordinance should be amended to define car wash and list it as a Conditional Use in the Neighborhood Business District. A copy of the new definition and the amended ordinance is attached for the Commissions action. BACKGROUND The use of a car wash is listed in the following districts: General Business: Community Shopping Center: Regional Shopping Center. Roadside Business: Limited Industrial Permitted Conditional Use Conditional Use -"car wash and automobile or service as a peripheral use ". Conditional Use - "of compatible architectural design ". Conditional Use (6 Car wash is not listed in the definitions section of the zoning code 11.03. Staff has developed a definition after reviewing other definitions from different communities as well as from the American Planning Association's Planning Advisory Service. At this time there is no delineation between a full service automobile car wash such as Mermaid Car Wash and a "drive -thru" car wash such as Phillips 66 or Hilltop Plaza's PDQ. The Commission may wish to consider the different types of car washes and which ones It considers to be appropriate uses in a Neighborhood Business zoning district and /or all of the commercial districts. For instance, Mermaid Car Wash (zoned CSC) is the principal use in its building and lot. Tom Thumb at Blackhawk Plaza and, PDQ at Hilltop Plaza (both zoned NB) are gas or convenience stores and their car washes are accessory to the primary use of automobile station or convenience store. If the car wash is to be ancillary to a primary use, and will be a separate building, staff is recommending that the Commission consider the architectural compatibility of the car wash building to the principle building, as is listed in the Roadside Business District. ORDINANCE AMENDMENT The attached ordinance amendment would define the use of a Car Wash and allow the use of a car wash in the Neighborhood Business zoning district. ACTION REQUESTED To recommend approval or denial of the attached ordinance amendment. Project Planner attachment Y sss 7. Car wash. ORDINANCE NO. 2nd SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.03 REGARDING DEFINITIONS AND SECTION 11.20 REGARDING CAR WASHES USES DISTRICTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.03 (87) to read as follows: 87. Car Wash. Any building or portions thereof used for the cleaning or washing of automobiles. Section 2. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20 Subd. 10 (C) (7) to read as follows: Sec. 11.20 Subd. 10 "NB" Neighborhood Business District. C. Conditional Uses Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper �L Agenda Information Memo October 4, 1994, City Council Meeting APPROVAL FINAL PAYMENT /AUTHORIZE CITY MAINTENANCE Q. Contract 93-02 Approve Final Payment /Authorize City Maintenance (Cedar Grove 3, 4, 5, 6 and 9th additions Utility and Street Reconstruction) -- Contract 93 -02 provided for the reconstruction of street and certain utilities within the Cedar Grove third, fourth, fifth, sixth and ninth additions. Also associated with this contract was the grading and stormsewer improvements to Pond AP -2 located within Peridot Path Park. The Peridot Path Park portion of this project entailed the deepening and widening of an existing drainage swale and the construction of a small sedimentation basin in the southerly portion of the park site. The storm sewer improvements within the park included the extension of the existing storm sewer system and the addition of erosion control rip rap materials. Satisfactory completion of the Peridot Path Park improvements have prevented the final payment to the contractor from occurring prior to this date. All work has now been completed in accordance with the original plans and specifications and have been found to be in order for formal acknowledgement of the completion and final payment to the contractor. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the eighth and final payment for Contract 93 -02 (Cedar Grove 3, 4, 5, 6 and 9 utility and street reconstruction) in the amount of $10,835.70 to Valley Paving, Inc. and authorize the acceptance of the improvements for perpetual maintenance subject to warranty provisions and authorize Mayor and City Clerk to execute all related documents. APPROVAL FINAL PAYMENT /AUTHORIZE CITY MAINTENANCE R. Contract 93 -10 Approve Final Payment /Authorize City Maintenance (Hawthorne Woods 3rd Addition Sanitary Sewer and Water Main Improvements) -- Contract 93 -10 included the construction of sanitary sewer and water main along Trunk Highway 3 south of County Road 30 to serve the Hawthorne Woods 3rd Addition. Associated with the construction of the sanitary sewer and watermain along Trunk Highway 3 were the installation of services to the adjacent properties. This work has now been completed in accordance with the original plans and specifications and has been found to be in order for formal acknowledgement of completion and final payment to Metro Utilities Inc. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the fourth and final payment on Contract 93 -10 (Hawthorne Woods 3rd Addition Sanitary Sewer and Water Main Improvements) in the amount of $3,289.68 to Metro Utilities, Inc. and authorize the acceptance of the improvements for perpetual city maintenance subject to warranty provisions and authorize the Mayor and City Clerk to execute all related documents. 4:1 Agenda Information Memo October 4, 1994, City Council Meeting APPROVE CHANGE ORDER NO. 1 (DODD ROAD PHASE II) S. Contract 94-05 Change Order No. 1 Dodd Road Phase II Street Construction- -The contractor for 94 -05, McNamara Contracting, Inc., has requested a 30 day extension on completion date for work associated with the Dodd Road Phase II construction. The contract specified c mpletion date for the Dodd Road improvements is September 18, 1994. Enclosed on page [ is a copy of the completion date extension request from McNamara Contracting. Due to the rainy conditions which have been experienced in September, staff feels a completion date extension to October 8, 1994, is a reasonable request. Enclosed on page through .Jis a copy of the Change Order extending the completion date from the contract specified date of September 18, 1994, to October 8, 1994. There are no costs associated with this Change Order. ACTION TO BE CONSIDERED ON THIS ITEM: Approve Contract Change Order No. 1 to Contract 94 -05 (Dodd Road Phase II Construction) and authorize Mayor and City Clerk to execute all related documents. SEP -22 -94 THU 14:32 MCNAMARA CONTRACTING INC FAX N0, 6124327176 114 CN AMAR A SZNER AQGRCSA'Eg ASPHALT Ala Kevin McNamara President McNamara Contracting, Inc. 14605 Johnny Cake Ridge Road • Apple Valley, MN 55124-6897 ESTA LJ8frEp w rasa September 22, 1994 Mr. Sten Lexvold City of Eagan 3830 Pilot Znob Road R.O. Box 21199 Eagan, Minnesota 53122 Res Wilderness Hun and Dodd load Street Reconstruction Dear Stan, On the shove mentioned projects I am =squatting a 30 day c o extension, as you are snare contracts Mere late getting to us, also the method of construction for both of theme Y mpletioa after starting dates. We also have had more th an usuaietermiaed until . Sincerely, McNANUA CONTRACTING, INC. %-t,ct P. Ol FAX (812) -7171 ( 1 717s STATE i MUNICIPAL P IVATI DEVELOR PAAJGNr LOTS ktotth4A-ttecet, i/;,?‘ 9' A eie,;-ee,--#.4g,....V7., 04- e,/"'L arrpf,_ CONTRACT #: 94 -05 CHANGE ORDER NO.: 1 CITY PROJECT #: 661 ENGINEERS #: 112 - 007 -30 PROJECT NAME: Dodd Road, Phase II PROJECT DESCRIPTION: DATE: October 2, 1994 Street and Storm Drainage Reconstruction and Improvements to Dodd Road between Cliff Road and Diffley Road. CONTRACTOR: McNamara Contracting, Inc. ENGINEER: MSA, Consulting Engineer 14500 Johnny Cake Ridge Rd. 1326 Energy Park Drive Apple Valley, MN 55124 St. Paul, MN 55108 DESCRIPTION OF CHANGE ORDER WORK: Co-1112.007 Extension of Contract Completion Date from September 18, 1994 to October 8, 1994. This change order does not affect the project construction cost in any way. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER. The original Contract Completion Date was set as 75 calendar days from the date of issuance of the Notice to Proceed. Due to several construction days lost to rain and recent difficulties in getting sod from saturated sod fields, it is recommended that the Completion Date be extended to October 8, 1994. Work items that remain to be completed include the placement of sod and the final lift of bituminous pavement. so Page 1 of 2 CONTRACT STATUS: Original Contract: Change Order: # Subtotal of Previous Change Order: 0.00 This Change Order: 0.00 New Subtotal of All Change Orders: 0.00 Revise Contract: 716,739.75 RECOMMENDED F • R APPROVAL: APPROVED: '_:e eer By: Contractor Date: 247 Bv: By: Date: City Department Manager Date: City of Eagan Council Action: Date: Mayor: Clerk: Distribution 1 City 2 Contractor 1 Engineer co-1112.007 TIME /COMPLETION DATE AMOUNT 75 /September 18, 1994 716,739.75 SI Pape 2of2 Agenda Information Memo October 4, 1994, City Council Meeting APPROVE CHANGE ORDER NO. 3 (WILDERNESS RUN ADDITION) T. Contract 91-06 Change Order No. 3 ( Wilderness Run Addition Street Reconstruction) -- The contractor for the Wilderness Run Addition street reconstruction, McNamara Contracting, Inc., has requested a 30 day extension to the specified contract completion date for the work associated with the Wilderness Run Addition Street Reconstruction. The specified completion date for this work is September 24, 1994. In reviewing the request for a thirty day extension of the contract specified completion date, a thirty day extension is not justified. Due to the wet weather conditions experienced for two weeks in September, staff can support a contract completion date extension to October 8, 1994. Thew are no costs associated with this contract change order. Enclosed on pages through' is the Change Order for this contract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Contract Change Order No. 3 to Contract 94 -06 (Wilderness Run 1 - 4 Addition street reconstruction) and execute the Mayor and City Clerk to execute all related documents. CONTRACT #: 94-06 CHANGE ORDER NO.: 3 PROJECT #: 660 ENGINEERS #: 112 - 006 -30 PROJECT NAME: Wildemess Run Street Reconstruction PROJECT DESCRIPTION: DATE: October 2, 1994 Reconstruction/Rehabilitation of streets within Wildemess Run Additions 1, 2, 3, & 4. CONTRACTOR: McNamara Contracting, Inc. ENGINEER: MSA, Consulting Engineers 14500 John Cake Ridge 1326 Energy Park Drive Apple Valley, MN 55124 St. Paul, MN 55108 -5202 DESCRIPTION OF CHANGE ORDER WORK: JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: 043112.006 Extension of Contract Completion Date from September 24, 1994 to October 8, 1994. This change order does not affect the project construction cost in any way. The original Contract Completion Date was set as 75 calendar days from the date of issuance of the Notice to Proceed. Due to several construction days lost to rain, delays resulting from a change in the scope of the project, and recent difficulties in getting sod from saturated sod fields, it is recommended that the Completion Date be extended to October 8, 1994. Work items that remain to be completed include the placement of sod and the final lift of bituminous pavement. S 3 Page 1 of 3 Mayor. Clerk: CO- 3112.006 TIME/COMPLETION DATE AMOUNT Original Contract: 75 /September 24, 1994 $424,370.25 Change Order. # 1 DENIED $0.00 # 2 (3723.50) ($3,273.50) # 3 89/ October 8, 1994 1 City 2 Contractor 1 Engineer Subtotal of Previous Change Order. $424,370.25 This Change Order. $0.00 New Subtotal of All Change Orders: ($3,723.50) Revise Contract: $420,646.75 RECOMMENDED FOR APPROVAL: APPROVED: By: (`_�rr� '3 rpje5 En • er Date: By: City Department Manager Date: City of Eagan Council Action: Date: Distribution By: Date: Contractor Pape 2of3 Agenda Information Memo October 4, 1994 City Council Meeting EAGAN LIONS CLUB 25TH ANNIVERSARY PROCLAMATION U. Proclamation, recognizing the 25th Anniversary of the Eagan Lion's Club—The Eagan Lion's Club will be celebrating its 25th anniversary in October, 1994. In re gnition of this event, the proclamation has been prepared which is enclosed on pages and a for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To adopt a proclamation recognizing the 25th anniversary of the Eagan Lion's Club as presented. 5 s CITY OF EAGAN PROCLAMATION IN RECOGNITION OF THE EAGAN LION'S CLUB 25 YEARS OF SERVICE WHEREAS, The Eagan Lion's Club is Celebrating its 25th anniversary as a service organization, and WHEREAS, The City of Eagan and its residents acknowledge and appreciate these many years of faithful service to the community, and WHEREAS, The Eagan Lions have provided more than one hundred thousand dollars to Park and Community improvements, have helped foster a strong sense of community through the Annual fourth of July Celebrations and numerous other Community events throughout these 25 years, and WHEREAS, the Eagan Lion's members represent some of the finest individuals this community has to offer, and the organization succeeds in promoting the high values and positive community spirit so important to us all, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan would like to extend its most sincere congratulations and greatest appreciation for these 25 years of selfless and dedicated service to this community. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E.J. VanOverbeke, 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 day of , 1994. 5 7 E.J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo October 4, 1994, City Council Meeting AUTHORIZATION TO ACQUIRE EASEMENT PUBLIC RIGHT -OF -WAY V. City Project No. 673 (Trunk Highway 3 /School Road Streets and Utilities) Authorization to Acquire Easement/Right -of -way through Condemnation—On July 19, 1994, a public hearing was held for the proposed School Road improvements necessary to accommodate the construction of Elementary School No. 18. On July 19, the City Council closed the public hearing for the proposed improvements, authorized the improvements to proceed, preparation of detailed plans and specifications, and the acquisition of right -of -way necessary for the improvements as well as the preparation of appraisals associated with right -of -way and easement acquisition. In researching the minutes for the public hearing, it was found that the action taken at the public hearing did not include a reference to acquire the necessary easements and public right -of -way through condemnation if necessary. All easements and property descriptions necessary for the acquisition of the necessary easements and right -of -way have been prepared and the City Attorneys office is in the process of preparing the documents necessary to contact the affected property owners for acquisition. ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the acquisition of easements and public right -of -way necessary for project 673 (Trunk Highway 3 /School Road Streets and Utility Construction) to proceed through condemnation if necessary. AUTHORIZATION TO ACQUIRE PROPERTY W. Project 678 Deerwood Reservoir (Authorization to Acquire Property)- -The City's current Water Supply and Distribution Plan identifies the need for a six million gallon reservoir to be located in the southwesterly corner of what was formerly known as the Francis Franz property. Enclosed on page is the site plan showing the proposed location of the reservoir. The City's current five year CIP identifies the acquisition of property necessary for this reservoir as well as the construction of the proposed six million gallon reservoir in 1995. With the recent transfer of the Francis Franz property to different ownership, and the potential for development of the Bieter property, staff feels it is important to proceed with the acquisition of property necessary to construct the proposed Deerwood Reservoir prior to any development proposals being processed through the City. ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the acquisition of property necessary to construct Project No. 678, (Deerwood Reservoir) through negotiations with the property owner and condemnation if necessary. �: �� \� 1 ) / '-/% -- `,.�: � \-- / mi l /J ) \) 1 I _ 1 \ \ :�� N" �lf. \t / / 1 / el..., / l) .1 — �\ / /// / // //, / IL / - / _ • _• � , . � j /// // /iii / / / / n �' •_ �� : ;,- % %/ / % \ l . ems \ ��_` ca' / % / /�r j � \ J f 7' - \`»� r' � r / /i/ l/r r \‘,1 �: � / - /i �\ , \\ �\ / / / / (i il �i ! 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A' / /��' J l / / i / r \ / ' l \ / 1 / / / 1 /( i ( / (I \ \' // % U / / / / / / / ) 1 1 1111\ 1/A / // 1 . / /,- J,11 \. ,, Nr , 1 1 1 / / l / / . / - '---. /- / / r / J / ( / '/ // -. 011 -5+- — -- % . 11 1 / i // � =- � 11 /l/ / / //= / /A- \ \— Agenda Information Memo October 4, 1994 City Council Meeting SPECIAL CITY COUNCIL MEETING /CANVASS ELECTION RESULTS X. SCHEDULE Special City Council Meeting, Canvass Election Results - -State law requires that the results of general elections be canvassed by the local government within two days of the election. Election results will be available on Wednesday morning, November 9. The Council may convene a brief meeting to canvass the results on either November 9 or November 10. Due to the Veteran's Day holiday on November 11, staff is recommending that the special meeting be set on November 9 at 5:30 p.m. ACTION TO BE CONSIDERED ON THIS ITEM: To set a special City Council meeting to canvass general election results on Wednesday, November 9 at 5:30 p.m. (eD Agenda Information Memo October 4, 1994, City Council Meeting PUBUC')~S PROJECT 675 RED OAKS ADDITION (STREETS AND UTILITIES) A. Project 675, Red Oaks Addition Streets and Utilities—On September 6, in response to a petition submitted by the developer, the City Council received a Feasibility Report for the above - referenced project and scheduled a public hearing to be held on October 4 to discuss the merits of installing streets and utilities to serve the proposed Red Oaks Addition which had preliminary subdivision approval on August 16, 1994. Enclosed on pageshrough is a copy of the Feasibility Report providing the details of this proposed public improvement. Representatives of the City's Engineering Department will be presenting this report at the public hearing and will be available to respond to any questions or concerns. ACTION TO BE CONSIDERED ON THIS ITEM: To close public hearing and approve /deny Project 675 (Red Oaks Addition - Streets and Utilities). 4i RED OAKS ADDITION UTILITY & STREET CONSTRUCTION FEASIBILITY REPORT PROJECT NO. 675 ci. EAGAN MINNESOTA SEPTEMBER 1994 September 6, 1994 HONORABLE MAYOR & CITY COUNCIL CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN MN 55122 Re: City Project 675 Red Oaks Addition, Utility & Street Construction Dear Mayor & City Council: Enclosed Is the Feasibility Report for the Red Oaks Addition, Utility and Street Construction. The proposed Improvements are presented and discussed within the report along with detailed cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Sincerely, 9L1thC John P. Wingard, P.E. Development /Design Engineer JPW /nh Reviewed by: Date: Finance Department q — c, — qY 1 hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date: September 6. 1994 Reg. No. 15108 6 5 John P. Wingard, P.E. RED OAKS ADDITION UTILITY & STREET CONSTRUCTION PROJECT NO 675 TABLE OF CONTENTS Letter of Transmittal Table of Contents 1 Scope 2 Feasibility & Recommendation 2 Discussion Sanitary Sewer 2 Water Main 2 Services 2 Storm Sewer 3 Street 3 Street Lights 3 Cost Estimate 3 Right -of -Way Easements & Permits 4 Area To Be Included 4 Assessments 4 Revenue Sources 5 Project Schedule 6 Appendix A - Preliminary Cost Estimate 7 Appendix B - Preliminary Assessment roll 8 Figure No. 1 - Location Plan 12 Figure No. 2 - Sanitary Sewer 13 Figure No. 3 - Water Main 14 Figure No. 4 - Storm Sewer 15 Figure No. 5 - Streets 16 Figure No. 6 - Assessmet Plan for Sanitary Sewer 17 Figure No. 7 - Assessment Plan for Water Main 18 Figure No. 8 - Storm Sewer Assessments 19 Figure No. 9 - Assessment Plan for Street 20 SCOPE Red Oaks Addition is a three -lot subdivision just west of the Woodland 4th Addition in Section 14. It will sit on the north side of a cul -de -sac to be constructed at the end of Betty Lane, a stub street formerly called Birch Street, constructed with the Woodlands 4th Addition. See Figure No. 1. The work proposed includes building the cul -de -sac with storm sewer, and extending sanitary and watermain to serve the three proposed Tots in Red Oaks and three future Tots south of Betty Lane. FEASIBILITY & RECOMMENDATIONS The project is feasible from an engineering standpoint and is in accordance with the objectives established with the City of Eagan's Comprehensive Guide Plans. The City intends to include this project with two other small projects (St. Francis Woods storm sewer and Pond AP -33 storm sewer) and bid all three projects under one City Contract. DISCUSSION A. Sanitary Sewer Sanitary sewer in the Red Oaks Addition will be extended from an existing stub in Betty Lane, installed by the Woodlands 4th Addition development. This project consists of 90' of 8" mainline, at a depth of approximately 13' and one dead -end manhole. (See Figure 2). Water Main SQ Services FEASIBILITY REPORT RED OAKS ADDITION UTILITY & STREET CONSTRUCTION PROJECT NO. 675 A water main stub was also provided with the Woodlands 4th development. There will be approximately 105' of 6" DIP water main installed with one hydrant on the west end of the cul -de -sac. (See Figure 3.) Services to the three proposed Tots of Red Oaks Addition will be extended 15' beyond the right -of -way line of the Betty Lane cul -de -sac. Services will also be installed to three future lots on the south side of Betty lane. Those services will be installed in locations to minimize tree loss. Locations of services shall be verified with property owner /developer prior to installation. Sanitary sewer clean -outs will be installed on four of the services which will have long runs to the house. c� S 2 Storm Sewer One catch basin on the southwest end of the cul -de -sac is proposed under this project. It will tie into an existing catch basin on the south side of Betty Lane installed with the Woodlands 4th development. Another inlet will drain a low spot in proposed Lot 3 north of the cul -de -sac. This will connect into an existing catch basin on the north side of Betty Lane. (See Figure 4.) Street (Figure 5) The Betty Lane cul -de -sac will be constructed to Eagan's standards, with a 45' radius to the front of curb and mountable curb and gutter. Street thickness will be 6" of CL 5, 2" type 31 base course, and 1" type 41 wearing course. The grading of the cul -de -sac for Betty Lane is included in this project. Due to the possibility of poor material in a wooded area, the cost estimate allows for one foot of subcut in the cul -de -sac. Also, Class 5 aggregate base for an existing driveway will be removed. The cul -de -sac was moved east from what was originally planned to reduce tree Toss. Many trees will still need to be removed however. This will be done by the owner of Parcel 033 -03 at his request, but grubbing will be done in this project. F Street Lights One residential decorative street Tight will be installed in the cul -de -sac by Dakota Electric. COST ESTIMATE A detailed cost estimate is presented in Appendix A, located at the back of this report which is summarized below. Total cost is estimated at $59,444.50, which includes 5% contingencies and 30% for indirect costs Indirect costs include administrative, engineering, construction interest, and legal expenses. The indirect costs for streetlights are estimated at 20%. A) Sanitary Sewer $5,534 B) Water Main 5,400 C) Services 15,828 D) Storm Sewer 8,504 E) Street 23,050 F) Streetlights 1,125 TOTAL $59,441 3 RIGHT -OF -WAY Right -of -way for Parcel 012 -79 is only large enough to accommodate an average street width, not the cul -de -sac. Therefore, additional right -of -way of 710 sq. ft. or .016 acres will have to be acquired. The Red Oaks development has convinced the owner of Parcel 012 -79 to sign the plat for the Red Oaks development. Then, the plat will include the necessary right -of -way for the Betty Lane cul -de -sac. No additional easements will be needed. The dedication of the right -of -way and easements with the Red Oaks Development will provide enough area for the construction of the improvements in this project to occur. The City has applied for the perits from the Metropolitan Pollution Control Agency, Metropolitan Waste Control Commission and Department of Health. AREAS TO BE INCLUDED NE 3 4 14 Parcel 033 -03 (Red Oaks Addition) Wescott Garden Lots SEls 14 Parcel 012 -79 ASSESSMENTS Assessments are proposed to be levied against the benefitted property and a preliminary assessment roll is presented in Appendix B located at the back of this report. All lateral assessment costs will be revised based on final costs. It is assumed for purposes of this report any financial obligations identified in the City of Eagan staff report for Red Oaks will be included in the developer's agreement. Assessments are recommended to be paid over a 5 year period at the interest rate obtained at the time of the bond sale. The property owners could request to the City a different term. The latest bond sale for the City was 6.5 percent. There is a total of six lot equivalents to be assessed, 3 to each parcel for all items, with the exception of storm sewer, which has additional costs for the three Red Oaks Tots for that piece of storm serving Lot 3. This is derived from the three lots in the Red Oaks Addition and three future lots that may be platted on Parcel 012 -79. The preliminary assessment rate is computed in the following manner: improvement Cost Assessable Units = Assessment Rate 4 Improvement Assessable Assessment Cost ____ Calculation Rate ,. Sanitary Sewer $5,534 6 5534 = $922.50 /Lot Water Main $5,400 6 4 = $900 /Lot 6 C, Services $15,828 6 16 28 = $2,638 /Lot Q Storm North $2,686 3 2686 = $895 /Lot (Red Oaks Lots Only) 3 South $5,818 6 5818 = $970 /Lot 6 E. Street $23,050 6 23050 = $3,842/Lot 6 F. Streetlights $1,125 6 11 = $188 /Lot REVENUE SOURCES Revenue to cover the cost of this project are as follows: Protect Assessment Cost Revenue Balance A. Sanitary Sewer Lateral $5,534 $5,534 -0- B. Water Main Lateral $5,400 $5,400 -0- C. Services Lateral $15,828 $15,828 -0- D. Storm Sewer Lateral $8,504 $8,504 -0- E. Street Street $23,050 $23,050 -0- F. Streetlight $1,125 $1.125 TOTAL BALANCE $59,443 $59,443 cog 5 PROJECT SCHEDULE Present Feasibility Report Approve Plans & Specifications .Open Bids Public Hearing Award Contract Substantial Completion Complete Construction Assessment Hearing First Payment Due with Real Estate Taxes September 6, 1994 September 6, 1994 September 30, 1994 Octoer 4, 1994 October 18, 1994 December, 1994 June, 1995 Fall, 1995 May, 1996 6 ITEM A. SANITARY SEWER 1 APPENDIX A PRELIMINARY COST ESTIMATE RED OAKS ADDITION PROJECT 675 UNIT UNIT 1 QUANTITY 1 PRICE 1 TOTAL 8" PVC SDR 35 1 LF 1 90 1 $20 1 $1,800 Construct manhole (with castinl EA 1 1 1 $1,200 1 $1,200 Depth over 8' 1 LF 1 4 1 $150 1 $600 Connect to Ex. Stub 1 EA 1 1 1 $500 1 $500 Subtotal $4,000 +5% Contingencies $204 +30% Indirect Costs $1,230 Total Sanitary Sewer $5,534 B. WATERMAIN Hydrant 6" DIP CL 52 Connect to Ex. Stub Subtotal $4,000 5% Contingencies +30% Indirect Costs Total Water Main C. SERVICES Corp. Stop 1" Curb Stop 1" Type K copper 8 "x4" PVC we 4" Cleanout w/ casting 4" PVC SDR 26 Subtotal +5% Contingencies +30% Indirect Costs Total Services EA 1 1 1 $1,400 1 $1,400 LF 1 105 1 $20 1 $2,100 EA 1 1 1 $500 1 $500 EA EA LF EA EA LF 6 6 365 6 4 390 $100 $100 $13 $50 $200 $12 $200 $1,200 $5,400 $600 $600 $4,745 $300 $800 $4,680 $11,725 $586 $3,517 $15,828 7 ITEM D. STORM SEWER North (Assessed only to Parcel 033 -03) 12" RCP CL V (INCLUDING APRON) Connect to Ex. CB 1 APPENDIX A PRELIMINARY COST ESTIMATE RED OAKS ADDITION PROJECT 675 UNIT UNIT 1 QUANTITY 1 PRICE 1 TOTAL LF 1 45 1 $22 1 $990 EA 1 1 1 $1,000 1 $1,000 Subtotal $1,990 +5% Contingencies $99 +30% Indirect Costs $597 Total North $2,686 South (Assessed to both affected parcels.) 12" RCP CL V 1 LF 1 105 1 $22 1 $2,310 Connect to Ex.C.B. 1 EA 1 1 1 $1,000 1 $1,000 CB w /casting (4') 1 EA 1 1 1 $1,000 1 $1,000 Subtotal $4,310 +5% Contingencies $215 +30% Indirect Costs $1,293 Total South $5,818 GRAND TOTAL $8,504 8 ITEM E. STREET Clearing Grubbing Concrete C & G, Mountable CL 5 Agg. Base (100% Crushed) Bituminous Material For Mix Type 31, Base Course Mix Type 41, Wear Course Mix Bituminous Mix for Tack Coat Saw Cut Bituminous Common Excavation Common Borrow Subgrade Ex. Remove Concrete C & G Sod Seeding, Fertilizer & Mulch Subtotal +5% Contingencies +30% Indirect Costs Total Streets F. Streetlights Streetlight Subtotal +5% Contingencies +20% Contingencies Total Streetlights GRAND TOTAL APPENDIX A PRELIMINARY COST ESTIMATE RED OAKS ADDITION PROJECT 675 UNIT UNIT 1 QUANTITY 1 PRICE 1 TOTAL EA EA LF TON TON TON TON GAL LF CY CY CY LF SY ACRE 15 $50 $750 46 $50 $2,300 300 $7 $2,250 237 $11 $2,607 6.25 $150 $938 83 $25 $2,075 42 $30 $1,260 38 $3 $114 34 $4 $136 615 $3 $1,845 250 $5 $1,250 250 $4 $1,000 10 $5 $50 100 $3 $300 0.1 $2,000 $200 $17,074 $854 $5,122 $23,050 EA 1 $900 $900 $900 $45 $180 $1,125 $59,441 9 A. SANITARY SEWER Parcel Descripton 033 -03 012 -79 Total Sanitary Sewer B. WATER MAIN Parcel Description 033 -03 012 -79 Total Water Main C. SERVICES Parcel Description 033 -03 012 -79 Total Services D. STORM SEWER (Lateral) North Parcel Description 033 -03 012 -79 South Parcel Description 033 -03 012 -79 Total Storm Sewer E. STREET Parcel Description 033 -03 012 -79 F. STREETLIGHTS Parcel Description 033 -03 012 -79 APPENDIX B PRELIMINARY ASSESSMENT ROLL RED OAKS ADDITION STREET 6 UTILITY IMPROVEMENTS PROJECT 675 Lot Units 3 3 3 3 3 3 3 0 3 3 3 3 3 73 3 Assessment Rate Assessment $922 /lot $922 /lot $900 /lot $900 /lot $2,638 /lot $2,638 /lot $895 /lot $970 /lot $970 /lot $3,842 /lot $3,842 /lot $188 /lot $188 /lot $2,767 $2,767 $5,534 $2,700 $2,700 $5,400 $7,914 $7,914 $15,828 $2,685 $0 $2,910 $2,910 $8,505 $11,525 • $11,525 $23,050 $562 $562 $1,125 10 r d E 3 rn co O cnn N d v 3 r � ca d N N? � tt) 4* O N It) 1 T (o N 69 N O O T O m N N N r• O N _ O Lo 4* O N r 0 N 0 cb 4* co N co LO 4* 0 LO iA 40 4* 11 PUBLIC cco WORKS DEPART►UENT city of eagan WESCOTT ROAD PROJECT LOCATION LOCATION PLAN FIG. NO. EJ PUBLIC WORKS DEPARTMENT city of eogan 07; 2 RED 0 AKS ADD 3 L BETTY LANE to PROPOSED 8" X. 6" WATERMAIN SANITARY SEWER Ex. 8" SANITARY SEWER EX. 18" F'CP STORM SANITARY SEWER IMPROVEMENTS INCL. SERVICES 2 S 3 Ck 0 42- 0 1 FIG. NO. 2 11 WATERMMN 012 -79 PUBLIC WORKS 44° DEPARTMENT city of eagan 033 -03 R S POD RED pAK PROPOSED 6" / / / / 6" EX. 8" EX. 18' )0 BETTY LANE WATERMAIN J ANITARY SEWER RCP STORM WATERMAIN IMPROVEMENTS INCL. SERVICES RED DDITION P OJ T N• 675 • 042 -02 FIG. NO. 3 14 WATERMAIN SANITARY SEWER RCP STORM 012 -79 / POND JP -60 NWL 888.2 HWL 890.5 PROPOSED STORM SEWER/ 100 PUBLIC WORKS DEPARTMENT city of eagan EX. 8" EX. 18" RE.- ADD. 675 042 -03 P FIG. NO. 15 4 • STORM SEWER IMPROVEMENTS 03' 2 PDD�� RED � PKS I L PROPOSED 4 ' RADIUS CUL f - DE -5AC 012 -79 / d 1 2 -79 / / 3 r-� 6" WATERMAIN EX. 8" ,SANITARY SEWER EX. 18' RCP STORM 2 PROPOSED STREET LOCATION 0 BETTY LANE ' r 5 2 HT 4 P S 042 -03 3 0 STREET IMPROVEMENTS 6 city of eogon PUBLIC WORKS DEPARTMENT ADD. 675 FIG. NO. 5 11 1 4 city of eagan PUBLIC WORKS DEPARTMENT * 033 -03 2 RED 0 AKS NOD PROPOSED 8" SANITARY SEWER / / * 012 -79 / 3 6 " EX. 8" EX. 18' 2 2 BETTY LANE f WATERMAN -J SANITARY SEWER RCP STORM 1 * 3 LOT EQUIVALENT ASSESSMENT PLAN FOR SANITARY SEWER INCL. SERVICES ADD. 675 FIG. NO. 6 PROPOSED 6" WATERMAIN / * 012 -79 / PUBLIC WORKS 44-e DEPARTMENT city of eagan / EX. 8" EX. 18' \) i * 3 LOT EQUIVALENT ASSESSMENT PLAN FOR WAT SERVICES ADDITION CT No. 675 6 ERMAIN FIG. NO. 7 PUBLIC WORKS DEPARTMENT city of eagan *c03 033 -03 2 0 PK S RE p pD D PROPOSED / STORM SEWER/ / 012-79 / POND JP -60 NWL 888.2 HWL 890.5 100 3 EX. 8" EX. 18' BETTY LN. W ATERMAtN ANITARY SEWER RCP STORM * 3 LOT EQUIVALENT c ADDITIONAL STORM SEWER STORM SEWER ASSESSMENTS 2 3 7 FIG. NO. 8 1Q PROIDOSED 45' RADIUS CUL1 -DE j AC * 012 -79 / BETTY LANE WATERMAIN - S ANITARY SEWER RCP STORM 4 Gl 4 PUBLIC WORKS DEPARTIENT city of eogon ' 3 LOT EQUIVALENT ADD. No. 675 9 • ESSMENT PLAN FOR STREET FIG. NO. n 6 Agenda Information Memo October 4, 1994, City Council Meeting VACATE DRAINAGE AND UTILITY EASEMENT/PUBLIC RIGHT -OF -WAY (MENDOTA ROAD AND LOTS 7 & 8 B. Vacate Drainage and Utility Easement/Public Right -of -Way - Mendota Road & Lots 7 and 8 of the Robert O'Neil Homestead - -On September 6, a public hearing was held to consider the vacation of the old, unplatted, undeveloped Mendota Road right -of -way parallel to the Soo Line Railroad and a specific drainage and utility ease t ov r onions of lots 7 and 8 of the Robert O'Neil homestead. Enclosed on pages l are a location map and detailed sketch referencing the petitioned request. At that public hearing, there were concerns expressed regarding the location of the City watermain in relationship to the legally described easement to be vacated. In working with the applicant (Dart Transit), additional information was requested regarding more detailed information describing the easement in question as well as all other public utility easements dedicated over the property. The applicant has not been able to respond to the additional requests for information necessary to evaluate whether this easement and /or right -of -way should be vacated. A status report will be provided at the time of a public hearing to determine whether the request should be continued to a specific date to allow additional research or whether it should be approved /denied as submitted. ACTION TO BE CONSIDERED ON THIS ITEM: To close /continue and /or approve /deny vacation of public right -of -way and utility easements as described. If approved, authorize the Mayor and City Clerk to execute all related documents necessary for recording at Dakota County. t/ city of eagan PUBLIC WORKS DE PARTMENT VACATION REQUEST SITE VACATION REQUEST (MENDOTA ROAD) AND 2 UTILITY EASEMENTS NO'S. 344665 & 344690 appro standard plate 0: wort /•, q / /I,,,,,___ 1%111 / / • 1 1 1 1 1 / / / /// %_,, • 1 • ••7k i l l \ \ \ \ .�� \\ Ill, ////1 II IOW 1 1 1 /� •j�l IIl J t 11\ • 1 / ..., \ / \ \ • I / Yi / r ‘0.0 \ i ,l 0,4 .. ♦ V`` �� `�' 114 ` 1 1 1 1 ♦\ ` ♦ ♦ \ \\� �\ le 11 11 `�♦ __ 1 \ 11 \ 1 • • Irl � 1 \ \ � • ••• �\ \J; •Z f1 � ll \ ♦ 1 l / / „„•• • ` • ` � 1 111‘ 1 � , ,�� Ie / nta�o t \ • • • 1 • • ` \ • \/ \ • • • 1 \- • 1 - — .� • \ \� II (1,1,)1111:11 I t • 1 1 . , �\ 1 1 / / I tt•o10 \ / - ♦_ 4 __ (1i I • V\ �y�� ll 1/ \ \ \ \ \\ \�� 1 / • 111 • / / 1 1 ,j 1 1 1 • �1��\l 1 \ • •\ \V 1 • 1 11 11 I , I 1 I \ \\ \ \\ \\ �I \, \` , 111 1 1 111 1 11 1 1 { • •_ • Agenda Information Memo October 4, 1994, City Council Meeting FINAL ASSESSMENT HEARING PROJECT 662 C. Final Assessment Hearing, Project 662, Cedar Grove Street Reconstruction - -On April 19, 1994, the City Council revised the pending assessment roll for the above referenced project to reflect the maximum benefit as determined by a certified appraiser and scheduled the Final Assessment Hearing to be held on September 20, 1994. Due to an inadvertent delay in publishing the notification for the September 20 meeting, the Council, at that time, rescheduled the hearing to be held on October 4. All notices have been published in the legal newspaper an s nt to all affected property owners informing them of this hearing. Enclosed on page is a summary tabulation of the final assessment rates as compared to those contained m e feasibility report presented at the public hearing held on January 25, 1994. As of this date, staff has not received any objections to the project or the proposed assessments. Any objections so received will be forwarded to the City Council in advance or distributed at the meeting. With the City having completed a formal appraisal process, if any objections are received, it would be appropriate for the City council to adopt the assessment roll as presented and authorize a certification to Dakota County and allow the objection and subsequent appeal to proceed through District Court if appropriate. Any objections regarding the quality of the finished product will be researched and corrected under the contractor's warranty provision and should not affect the amount or schedule of adopting the final assessment roll. ACTION TO BE CONSIDERED ON THIS ITEM: To close public hearing and approve the final assessment roll for Project 662 (Cedar Grove 7, 8, 10, 11 and Ken Applebaum Addition - Street Rehabilitation) and order certification to Dakota County. g 1 PROJECT NUMBER: 662 ASSESSMENT EFJIRINC DATE: October et, 1994 Cedar Grove No's 7,8,10,11 6 SUBDIPISION /AREA: [ on -ppo. -ono c*r..t ReconstructiMLIC BEARING DATE: WROVZMENTS INSTALLED AND /OR ASSESSED: F.R. ■ Feasibility Report $ARITART SEWER ❑ Trunk ❑ Laterals ❑ Service ❑ Lat. Benefit/ Trunk VATER ❑ Trunk ❑ Laterals ❑ Service ❑ Lat. Benefit/ Trunk ❑ VAC SERVICES ❑ Water & San. Sever CONTRACT NO. 94 -01 407 COMMENTS• FINAL RATES A OF 7ARCELS TERMS 15 Yrs. FINAL ASSESSMENT BEARING T.R. RATES INTEREST RATE 6.5 % 9 NORM SEWER ❑ Trunk ❑ laterals ❑ Lat. Benefit/ $TRFETS Trunk January 25. 1994 FINAL RATES P.R. BATES ❑ Gravel Base ❑ S.F. $1,500.00/Lot $2,073 /Lot El Surfacing M.F. 14.16/ff 21 -511/ff ❑ Res. Equiv. ❑ Multi Equiv. ❑ C/I Equiv. 0 Trail STREET LIGHTS ❑ Installation ❑ Energy Charge AMOUNT CITT £ 7INANCED $888,726.00 F.R. $1,038,544 F.R. $640.693.48 $ 760.747.37 Agenda Information Memo October 4, 1994 City Council Meeting o RECONSIDERATION /CONDITIONAL USE/NATIONAL PROPANE CO, A. Reconsideration of Conditional Use, National Propane Company—At the September 20 City Council meeting, the conditional use permit for National Propane Company was reconsidered. The Council discussed the issues and continued the matter until this meeting of October 4. In response to the Council's request for additional information, staff has provided the following: 1) Fire M shat Dale Wegleitner has provided a supplemental memo, which is enclosed on pages ( through ?y, explaining the Uniform Fire Code sections referenced in his original memo of September 8, 1994; 2) a diagram of the site layout with distance markings between the curb line on Pilot Knob and the proposed propane lot locations is included. Regarding a different location on the site, staff has concluded that a location in the back of the building would meet setback requirements (see diagram enclosed on page ). However, this would take up existing parking stalls. SuperAmerica has indicated t at they would not locate the propane dispenser in the back of the building because their store is open 24 hours a day and they could not keep the dispenser under visual observation at that location; 3) although there is currently a 25 foot separation between the property line and the existing curb line of Pilot Knob Road, it is likely that Pilot Knob will be widened in the future to accommodate a double left turn lane northbound at Yankee Doodle. This widening could affect this area. By imposing an additional lane and a sidewallc, this could take up the entire 25 feet. The original staff reports and supplemental memos o this item are enclosed on pagesij through /02 Also enclosed on pages /03 through ' are copies of Advisory Planning Commission minutes of August 23, 1994 and City Council minutes of September 6, 1994 and September 20, 1994 regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for SuperAmerica for the outdoor storage of a 1,000 gallon propane dispenser on Lot 1, Block 1, SuperAmerica Addition subject to the conditions set forth in the staff report of August 23, 1994. MEMO city of eagan DATE: September 27, 1994 TO: Mayor Egan and Councilmembers FROM: Fire Marshal Dale Wegleitner SUBJECT: SUPERAMERICA PROPANE TANK This is a follow -up informational memorandum from the September 20, 1994 City Council Meeting. "3 -2.2.8 Structures such as fire walls, fences, earth or concrete barriers and other similar structures shall be a voided around or over installed nonrefrigera ted containers. Exception No. 1: Such structure partially enclosing containers are permissible if designed in accordance with a sound fire protection analysis. This exception would allow a brick wall enclosure if the Fire Marshal determined it would still be "sound" fire protection. We have determined it would not be advisable. Exception No. 2: Structures used to prevent flammable or combustible liquid accumulation or flow are permissible in accordance with 3- 2.2.6(c). Suitable means shall be used to prevent the accumulating or flow of liquids having flashpoint below 200 degrees under adjacent LP gas containers such as by dikes, divers on curbs or gradings. This code refers to preventing gas or diesel fuel from running under the tank. Super America is meeting this because the tank will be located behind the existing parking lot curb. Exception No. 3: Structures between LP-Gas containers and gaseous hydrogen containers are permissible in accordance with 3-2.2.6(f). 3-2.2.6(f) No other above ground tanks are in the area. This exception No. 3 is not applicable in this instance. FflMSupe►Am.DW Exception No. 4: fences are permissible in accordance with 3-3.6.1. NOTE: The presence of such structures can create significant hazards, e.g., pocketing of escaping gas, interference with application of cooling water by fire departments, redirection of flames against containers, and impeding egress of personnel in an emergency." 3-3.6.1 To minimize the possibilities for trespassing and tampering the area which includes container appurtenances, pumping equipment, loading and unloading facilities and container filling facilities shall be protected by one of the following methods: (a) enclosure with at least a 6 ft. (1.8m) high industrial type fence, unless otherwise adequately protected. There shall be at least two means of egress from the fenced or other enclosure clearance shall be provided to permit maintenance to be performed and a clearance of at least 3 ft. (1m) shall be provided to allow emergency access to the required means of egress. If guard service is provided, it shall be extended to the LP gas installation. Guard personnel shall be properly trained. (b) As an alternate to fencing the operating area, suitable devices which can be locked in place shall be provided. Such device, when in place, shall effective /y prevent unauthorized operation of any of the container appurtenances system valves or equipment. We are allowing a two sided basket weave fence per Exception 3- 3.6.1(b). It is my understanding that all operating valves will be installed in a cabinet that is locked. This will also meet the requirements of item 3- 3- 6.1(b). R)- 3 • i • REPORT DATE: August 17, 1994 PLANNING REPORT CITY OF EAGAN APPLICANT: National Propane Corporation Great Plains Gas cr/ CASE #: 16 -CU- 8-6-94 HEARING DATE: August 23, 1994 PROPERTY OWNER Super America PREPARED BY: Shannon Tyree REQUEST: Conditional Use Permit - Outdoor Storage LOCATION: Lot 1, Block 1, SuperAmerica Addition COMPREHENSIVE PLAN: CPD - Commercial Planned Development ZONING: GB - General Business SUMMARY OF REQUEST National Propane Corporation has requested a Conditional Use Permit to allow the outdoor storage of a 1000 gallon propane dispenser at Lot 1, Block 1, SuperAmerica Addition, located at the SW corner of the intersection of Pilot Knob and Yankee Doodle Roads. AUTHORITY FOR REVIEW; REQUIRED FINDINGS: 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. Planning Report - C.U.P. - National Propane Corporation August 23, 1994 Page 2 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. ADDITIONAL FINDINGS FOR OUTSIDE STORAGE A. Outdoor storage items shall be placed within an enclosure. B. All such enclosures shall be attached to the principal building except in the Limited Industrial District. C. The enclosure shall be made of material suitable to the building and the items to be stored. D. The enclosure shall not encroach into any established front building setback area or other required setbacks. E. The enclosure shall not interfere with any pedestrian or vehicular movement. F. The items to be stored shall not exceed the height of the enclosure. G. The items to be stored shall not take up :required parking spaces or landscaped areas. H. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. L The square footage of outdoor display areas shall be included in the calculation of required off street parking for the principal use of the property. EVALUATION OF REOUEST; Surrounding Uses, The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Unisys Addition; zoned RD; guided R &D. South - Al Baker's Restaurant: zoned PD; guided CPD. East - Yankee Doodle Road and I -35E interchange West - Firststar Bank, Amaco Gas Station; zoned PD; guided CPD. Planning Report - C.U.P. - National Propane Corporation August 23, 1994 Page 3 On- siteimprovements; The applicant is proposing to locate a 1000 gallon propane dispenser on the east side of the Super America gas station located at the SW corner of Yankee Doodle and Pilot Knob Roads. The dispenser will be located approximately 75' from the nearest edge of the building, 60' from the nearest portion of the gas pumps and 15' from the existing fence that is located on the east side of the property. Bollards will be located around the dispenser, for protection. The site plan will need to be revised to show more clearly the bollards located in front of the propane tank. Parking will not be permitted in front of the tank for 20' on either end of the tank. "No parking" signs will be required and pavement markings identifying this will be required in front of the no parking area. The applicant is proposing a cedar, basket weave fence on three sides of the tank and landscape around the fencing. The City's Fire Marshal has reviewed this site plan for its conformance to the state fire code. Based on his recommendations the fence must be at minimum 4' from the tank and would prefer the fence to be two sided ( along Pilot Knob Road and Yankee Doodle Road sides) The propane dispenser must meet the State of Minnesota Uniform Fire Code which would not permit the enclosure to be located attached to the building. In addition, the MN Uniform Fire Code states that "structures such as fire walls, fences, earth or concrete barriers, or similar structures shall be avoided around or over - installed nonrefrigerated containers." The two sided fence would be permissible. No signs shall be permitted on the fence. The City does not have any publically maintained sanitary sewer, water main or storm sewer lines within 100' of the proposed propane dispenser. SUMMARY /CONCLUSION The proposed Conditional Use Permit substantially meets the listed required standards as described on pages 1 and 2 of this planning report. The proposed propane dispenser is required to meet all of the MN Uniform Fire Code requirements. In doing so, it is unable to meet all of the criteria and findings established for Outdoor Storage by Businesses. ACTION TO BE CONSIDERED To approve or deny the requested Conditional Use Permit to permit the outdoor storage of a 1000 gallon propane dispenser on Lot 1, Block 1, SuperAmerica Addition. W e Planning Report - C.U.P. - National Propane Corporation August 23, 1994 Page 4 If approved this Conditional Use Permit shall be subject to the following conditions: 1. This Conditional Use Permit shall be recorded with Dakota County within 60 days of its approval with documentation supplied to the City. 2. All State of Minnesota Fire Codes shall be complied with. 3. All landscaping shall be in conformance with Chapter 11. Subd. 15. Landscaping. 4. The 6' cedar fence shall be two sided (along Pilot Knob and Yankee Doodle Roads) and located no less than 4' from the propane tank. 5. The site plan shall be revised to reflect: the "no parking" sign locations and the no parking pavement marking area. 6. The site plan shall be revised to more clearly identify the bollards around the entire propane dispenser. 7. No signage shall be permitted on the fence. 8. The cedar fence shall not be painted a color other than an earth tone neutral color. q � FINANCIAL OBLIGATION - 16- CU- 8 -6 -94 Lot 1, Block 1, Superamerica There are pay -off balances of special assessments totaling $0 on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the use of the property, the following charge is proposed. The charge was computed using the City's current fee schedule and connection and availability of the City's utility system. Improvement None Use Rate Quantity Amount a This financial obligation is presented for informational purposes and is not a condition of the issuance of the permit. q s V E SE i • w QUARRY Sr. TacD II t - - LW. �R[ •D R• PT SP. N. !Dr drrLEt •rap 5K'LINE OD C51154 CP 1• •NW NI 5 P1 /MY P1 1LH /star I - TAEWI41 P2 E • BIRCH PT 5E ! - RK7RRr4Y Pt 4. POPELT RINK 6 • RON'POOD LM 6• *tO5000 PT 1. SPRIIGC Pt TANK • DOODLE O'LEARY PARK — CARRIAGE - ,a � 2 �\ Nw •//LL S Gck LAG p i4 il' - aux ' COURSE MN' S.A. - CUP FOR NATIONAL PROPANE lc° SA. - CUP FOR NATIONAL PROPANE ZONING Las g(sC01 T mo GUIDE PLAN / o / SA. - CUP FOR NATIONAL PROPANE AREA MAP • • • • •M If ' \ PAGE 5 /ADVISORY PLANNING COMMISSION MINUTES August 23, 1994 CONDITIONAL UBE PERMIT NATIONAL PROPANE COXP7EY Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of a propane dispenser on Lot 1, Block 1, SuperAmerica Addition (P.I.D. #10- 72990- 010 -01) located at the SW corner of the intersection of Pilot Knob Road and Yankee Doodle Road in the NE; of Section 16. Project Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staff's planning report dated August 17, 1994, noting the proposed location of the propane dispenser with respect to the existing building, gas pumps, and fencing, the proposed enclosure or fencing for the propane dispenser, and the Minnesota Fire Code regulations for propane dispensers. Ms. Tyree noted that due to the Minnesota Fire Code regulations, the applicant is unable to meet at :least seven of the nine required outdoor storage standards. Two representatives of the applicant were present for questions and presented to the Commission photographs of the proposed propane dispenser. In response to Chairman Voracek's question, Ms. Tyree advised the Commission that the propane dispenser would be fenced on its north and east side which is the Yankee Doodle Road and Pilot Knob Road corner. She further explained that the proposed landscape around the fence would be shrubbery without significant rooting systems as required by the Minnesota Fire Code. Ms. Tyree further explained that because the Minnesota Fire Code does not permit a propane dispenser to be within an enclosure, the first seven standards for an outdoor storage permit regarding enclosure requirement cannot be met in this case. Member Merkley stated that the outdoor storage ordinance was enacted to provide standards for outdoor storage. Merkley further stated that if the City is going to have an outdoor storage ordinance, then it must enforce it and require that all outdoor storage standards be met before a permit is issued. Member Wallace expressed concern over the public health and safety, citing the high traffic intersection of Yankee Doodle and Pilot Knob Roads. In response to Member Begal's inquiry, Ms. Tyree clarified which outdoor storage standard would not be set by the proposed propane dispenser, citing Condition No. A, B, 1C, D, E, F, and H (not applicable). Member Merkley stated that be objects to the approval of conditional use permit on the grounds that the proposed propane dispenser is not compatible with the use and appearance of the Yankee Doodle /Pilot Knob intersection. PAGE 6 /ADVISORY PLANNING COMMISSION MINUTES August 23, 1994 Meyl moved, Isberg seconded the motion to deny the request for conditional use on the grounds that it does not meet all of the outdoor storage standards and Item C of the general conditional use permit standards. All approved in favor. EAGAN CRY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 9 7. The driveway connections to Lone Oak Circle shall be constructed with concrete aprons with a minimum width of 30'. 8. Normal maintenance of the bituminous parking lot shall be performed to keep the lot functioning to City standards. 9. The developer will submit a revised site plan indicating 10' parking stalls and the location to be used for proof of parking. 10. All trash /recycling shall be located within the building. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT/WEST PUBLISHING COMPANY Mayor Egan introduced this item as a Planned Development Amendment for West Publishing Company, to revise the Preliminary Development Plan for Phase 11 to allow 450,000 square feet of office space In lieu of the previously approved 740,000 square foot manufacturing /warehouse building and final development plan approval to allow construction of a 318,000 square foot expansion of the existing six -story office building as Part A of revised Phase II within the West Publishing Campus located north of Wescott Road, west of State Highway 149 In Section 13. Administrator Hedges noted that the Advisory Planning Commission held a public hearing on this on January 23, and recommend approval subject to conditions. Community Development Director Reichert explained the location and proposal. She noted that the Pollution Control Agency has approved the changes to their indirect source permit. Hunter moved, Awada seconded a motion to approve an amendment to the preliminary planned development Phase 11 for West Publishing to allow 450,000 square feet of office space In lieu of the approved but undeveloped 740,000 square foot manufacturing and warehouse building, in the northeastern portion of the West Publishing campus In Section 13, subject to the following conditions: 1. Documentation is provided to the City confirming MPCA's consent to allow West Publishing to Implement this design change to ISP 90 -17. 2. Execution of an amended Planned Development Agreement document. 3. Final Development Plan approval of Part B of the revised Phase 11. Aye: 5 Nay: 0 Hunter Indicated he Is appreciative of what West Publishing has done for the community. Hunter moved, Masin seconded a motion to approve a final development plan for Phase 11, Part A, consisting of a 318,000 square foot expansion to the existing six story building, subject to acknowledgement from the MPCA allowing West Publishing to implement the revised Preliminary Development Plan as a minor design change to ISP 90-17. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT /NATIONAL PROPANE COMPANY Mayor Egan introduced this Item as a conditional use permit for National Propane Company, to allow outdoor storage of a propane dispenser on Lot 1, Block 1, SuperAmerica Addition. Administrator Hedges noted that the Advisory Planning Commission held a public hearing on August 23 and recommended against this request because it doesn't meet the standards for outside storage. oa f EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 10 Community Development Director Reichert explained the location and request. She noted that outside storage requires screening, and because it is a propane tank, it is difficult to meet those standards because It cannot be enclosed. The Planning Commission's concem was that it is on one of the most visible comers and In the area proposed for the downtown vision. They felt this is not the proper location for this type of activity. Jeremy Meyer, representing SuperAmerica noted that he has seen pictures of other propane tanks installed by National Propane, and they landscape it so it is nearly invisible. He noted that the regulations for outside storage state it must be attached to a building, yet the Fire Code states propane tanks must be 60 feet away from any building. Since the ordinances conflict, it Is impossible to install one in the City of Eagan. Discussion followed concerning an existing propane tank at Diffley and Nichols Road and whether It was installed before or after the ordinance was changed. Hunter stated he feels If another one was allowed to be Installed under this ordinance, it would be arbitrary to tum this one down. After some discussion, It was determined that the situations were different. Councilmember Wachter asked If there Is a need for this. Jeremy Meyer stated they get requests every day from people asking if they provide propane. Councilmember Hunter stated he feels there is a need for this, and he disagrees that it is impossible to have a propane tank in the city. He noted that safety Is another issue with the proposed location being so close to a busy intersection. He questioned the use of a cedar enclosure. He feels brick would be more appropriate. Awada and Wachter concurred that there Is a need for this type of service. Discussion followed conceming where the best location would be for this propane tank, and how the fence should be constructed. Councilmember Hunter noted that the Planning Commission stated this request does not meet the requirement of being compatible with the general vicinity and not change the character of the area or substantially diminish or impair property values; however, it wasn't stated why It doesn't meet that criteria. Community Development Director Reichert noted that this intersection is in the heart of the city proposed for urban design. They felt It was inappropriate to put the propane tank in such a dense area. Mayor Egan stated he doesn't see why the Council would tum down a request for this SuperAmerica Station, discriminating only because of this SuperAmerica Station's location relative to Eagan's proposed downtown. Wachter stated he doesn't have a problem with it as long as It is constructed with compatible materials and landscaped. Community Development Director Reichert noted that the applicant proposed a 6 foot cedar weave fence, and the Fire Marshall stated that was acceptable If It is 4 feet away from the tank and on two sides only. Awada stated she feels It should be a brick fence with trees around it. Wachter concurred, stating it should be a 6 foot brick fence. Hunter noted the report states the Fire Marshal prefers' It to be two sided. Awada stated she feels it should be three sided, with a partial fourth side on each end. Hunter moved, Wachter seconded a motion to approve the conditional use permit for National Propane Company, subject to the following conditions: 1. This conditional use permit must be recorded with Dakota County within 60 days of approval with documentation supplied to the City. 2. M State of Minnesota Fire Codes must be complied with. 3. All landscaping must be In conformance with Chapter 11, Subd. 15. 4. The fence shall be 6' high, constructed of brick, and three sided, with a partial fourth side on each end, subject to approval by the Fire Marshall, and located no Tess than 4' from the propane tank. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1994 PAGE 11 5. The site plan must be revised to reflect the 'no parking' sign locations and the no parking pavement marking area. 6. The site plan must be revised to more dearly identify the bollards around the entire propane dispenser. 7. No signage shall be permitted on the fence. 8. The fence shall be constructed of an earth tone neutral color brick. Aye: 5 Nay: 0 FINAL PLAT/CUFF LAKE TOWNHOMES Mayor Egan introduced this item as the final plat for Cliff Lake Townhomes. Public Works Director Colbert noted that because the vacation was adjusted, the final plat will need to be modified as well. Wachter moved, Awada seconded a motion to approve the final plat of Cliff Lake Townhomes, subject to modification of final plat documents to reflect the revised right -of -way. Aye: 5 Nay: 0 MORATORIUM /SOUTHEAST INDUSTRIAL DEVELOPMENT Mayor Egan introduced this Item as a moratorium on southeast industrial development. Administrator Hedges indicated he received a letter from Wood Machine Inc. objecting to this request. Community Development Director Reichert reviewed the history of and reason for this request. The Council directed that a land use study and a potential comprehensive plan amendment be initiated. When this has been done before, a moratorium on development was established until the future of the area was determined. If the Council gives this direction, a public hearing will be held before the Planning Commission, and will be back to the City Council for consideration on October 4th. She noted that the letter from the Woods Is objecting to the potential rezoning. It will be several months before that issue comes before the Council. Her office has also received a lot of phone calls from residents of that area who are concerned about the noise from the Gun Club. She pointed out that even if this area gets rezoned, non- conforming uses will still be allowed to exist. Mayor Egan pointed out that nonconforming uses cannot expand, and that Is what the Woods wish to do. Councilmember Wachter expressed a concem about the lead content of the soli at the Gun Club. Gary Wood, of Wood Machine, Inc. indicated he and the neighboring businesses would like to be in on the discussions of what will happen in this area. Councilmember Hunter noted that the CouncU has always been open and holds public hearings on almost everything. The reason they haven't heard anything is because nothing has happened. The property owners will be notified when the public hearing process starts. There is nothing going on behind the scenes. Mayor Egan stated he feels this needs to come to a conclusion, and the way to do It Is to undertake this study. Kevin Mellon, owner of Magnum Towing, indicated his business has been in Halley's Addition for approximately eight years with a conditional use permit. The last year and a half, their presence there has been In limbo. When the school board decided not to take the property, he and the property owners came to terms on the purchase of the property. He ordered the building, and arranged for financing. He needs to apply for a building permit so they can get the building built by mid - October. Because of his contracts with the state, county, and surrounding municipalities, they need the building on that lot. He has looked at other sites, but he wouldn't be able to fulfill all of their contracts at another site. Mayor Egan noted that even if k is rezoned, his company can operate as a non- conforming use. Mellon responded that he needs to get the building up this year as part of the financing. After considerable discussion, City Attomey Sheldon EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1994 PAGE 5 ' BUSINESS Mayor Egan Introduced this item as reconsideration of Conditional Use Permit for National Propane Company. Administrator Hedges noted this item received action at the last meeting; however, the Community Development staff feels the Council may want to reconsider this item. Masin moved, Hunter seconded a motion to reconsider the Conditional Use Permit for National Propane Company. Aye: 5 Nay: 0 Community Development Director Reichert explained what the Council approved for screening at the last meeting and noted that the Fire Marshal has some concerns about the brick enclosure, and about having a propane tank at this location. She added that this tank was proposed to be located within the setback area, which Is against the outdoor storage ordinance. Dale Wegieitner, Fire Marshal indicated that his biggest concem is with the brick enclosure, because the Uniform Fire Code states there shall be no structures or fire walls around propane tanks. He is also concerned with the amount of propane that would be located at a very busy comer. He recommends the exchange program be utilized instead. Councilmember Hunter asked whether there are any regulations on filling tanks. Fire Marshal Wegieitner indicated that training is required. He has had reports of incidents where tanks have been overfilled and released gas in vehicles. With the exchange program, the cylinder is brought In and exchanged with one that was filled and checked by a gas company. Councilmember Hunter stated he thinks the setback issue is a valid concem. He feels the concerns being expressed by the Fire Marshal should have been done the first time this was considered. He feels a thorough analysis needs to be done and he isn't ready to vote on it. Councilmember Masin agreed that this is a busy comer and the City needs to be prudent in Its decision. Leslie Leko of SuperAmerica, showed pictures of other locations in Eagan that have propane tanks. She noted this location has declining sales because of growth in Town Centre, and the company feels they need something to draw customers. She noted that training is done by a gas company. Masin noted that the propane tank on Diffley was allowed to be moved due to safety of the residents in the area. Wachter asked how many employees are qualified to fill these tanks. Rich Zehnder, of SuperAmerica, Indicated that employees could not dispense propane until they have a signed certificate in their file that they received the training. Councilmember Awada asked for clarification on the objection to the brick wall by the Fire Marshal. Fire Marshal Wegieitner indicated that firefighters cannot see through a brick fence, and a wood fence could be easily pulled away from the tank. After some discussion regarding how a fire would be handled, Councilmember Hunter asked If the tank is placed inside the setback area, whether that would impede motorists. Public Works Director Colbert indicated that overflow parking occurs In that area. Counclimember Awada asked how far the tank would be from Pilot Knob Road. Public Works Director Colbert was unsure, but estimated it to be approximately 68 feet from curb to curb. Discussion followed concerning the Planning Commission reasons for denying this request. Mason moved that the Conditional Use Permit be denied, stating she feels this is an Inappropriate location. The motion died for lack of a second. Councilmember Hunter reviewed the findings for outside storage from the Planning Report and noted that the only findings that are violated deal with the tank being located in the setback area. The Council needs to decide whether they want to violate those conditions. Mayor Egan asked whether a variance would be needed to allow this. City Attorney Sheldon stated that the Conditional Use Permit allows the Council to review a use that would be permitted If It meets the conditions. The Council can waive a condition as long as It is not arbitrary, capricious or unreasonable. l02 EAGAN CiTY COUNCIL MINUTES; SEPTEMBER 20, 1994 PAGE 6 Councilmember Wachter stated he would like further information before acting on this. Perhaps a different location on the site would be more appropriate. Hunter added that he would also like to see the Uniform Fire Code sections referenced in the Fire Marshal's memo. Wachter moved, Hunter seconded a motion to continue this to the next meeting. Aye: 5 Nay: 0 ±fi>w USIN SS PRELIMINARY PLAT /BEST BRANDS INC. Mayor Egan introduced this item as the preliminary plat of Best Brands, Inc. of one lot on 16.75 acres located along the west side of T.H. 13 and the north side of Yankee Doodle Road. Administrator Hedges noted that the Advisory Planning Commission held a public hearing on this and recommended approval subject to conditions. Community Development Director Reichert explained the location and request. She noted they are requesting to combine a platted lot with a metes and bounds parcel. There Is no development proposed at this time. She noted that park dedication was paid on one of the lots at the time It was subdivided. Because the metes and bounds property is not being subdivided, it will not be subject to park dedication or water quality fees. Wachter moved, Hunter seconded a motion to approve the preliminary plat for Best Brands, subject to the following conditions: 1. The developer must comply with standard conditions of plat approval Al, B1, B3, C1, E1, F1, 61 and H1 as adopted by Council action on February 2, 1993. 2. A grading, drainage and erosion control plan must be submitted with the building permit application. 3. The Developer is responsible for abandoning all wells and septic systems according to the City and County requirements. 4 A sanitary sewer and water main layout plan shall be submitted with the building permit application. 5. A tree preservation plan must be submitted with the building permit application. Aye: 5 Nay: 0 STOP SIGN REQUEST/WILDERNESS RUN RD. & WEDGEWOOD DR. Mayor Egan introduced this Item as stop sign request, receive petition and approve or deny installation, Wiidemess Run Road & Wedgewood Drive. Administrator Hedges noted that last year, the City received a petition from adjacent property owners requesting a stop sign at this location. A letter was recently received requesting that this Item be reconsidered by the Council. Public Works Director Colbert explained the location and request and noted that after analysis, staff determined it doesn't meet the warrants for a stop sign. He explained the results of the staff report, and the criteria used. Since It does not meet warrants, Council authorization is needed to install a stop sign at this location. ( �9 A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said Eagan on October 4, 1994, at 7:00 p.m. WHEREAS, on August 17, 1993, the City Council of the City of Eagan passed a motion to prohibit bow and arrow hunting in the City of Eagan and all other deer hunting except during those special hunting seasons authorized by the City Council and conducted by the Department of Natural Resources for wildlife management purposes; and WHEREAS, the City Council of the City of Eagan revisited the issue of bow and hunting in the City of Eagan; and WHEREAS, the City Council deems it to be in the best interest of the City and not detrimental to the Department of Natural Resources' efforts in wildlife management that the ban on bow and arrow hunting be lifted effective , 1994. NOW, THEREFORE, be it resolved, by the City Council of the City of Eagan, Dakota County, Minnesota, that bow and arrow hunting shall be permitted for any person participating a special bow and arrow hunting season, which season may not be in conflict with state law. ATTEST: CITY COUNCIL - CITY OF EAGAN By: E. J. VanOverbeke By: Thomas A. Egan Its: City Clerk Its: Mayor Motion Made By: Seconded By: Those In Favor: Those Against: Dated: CITY OF EAGAN RESOLUTION AUTHORIZING BOW AND ARROW HUNTING Agenda Information Memo October 4, 1994 City Council Meeting RESOLUTION TO ALLOW BOW HUNTING B. Resolution to allow bow hunting in the City of Eagan - -At its meeting of September 20, the City Council directed legal counsel to prepare an ordinance amendment for consideration which would permit bow hunting within the City. In reviewing the minutes of the August 17, 1993 minutes, in which bow hunting was prohibited, it was discovered that action was taken by simple motion. Therefore, an ordinance change would not be appropriate. A resolution allowing bow hunting in the City of Eagan is enclosed on page it ( for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution to allow bow hunting in the City of Eagan as presented. 1 �o Agenda Information Memo October 4, 1994 City Council Meeting ENEWBV$INESSI APPLICATION/BOW HUNTING PERMIT/NORM SVIEN A. Application for Special Bow Hunting Permit, Norm Svien -- Enclosed without page number is a copy of an application for a bow hunting permit received of Norm Svien of 1989 Shale Lane The application also covers a permit for Mike Duggenburger of 1324 Wilderness Run Road. This item will only be in order for consideration if the ordinance amendment concerning bow hunting is approved. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an application for a special bow hunting permit for Norm Svien and Mike Duggenburger as presented. 711.1. Agenda Information Memo October 4, 1994 City Council Meeting CONDITIONAL USE PERMIT/RICHFIELD SOD AND BLACKTOP B. Conditional Use Permit, Richfield Sod & Blacktop, for outdoor storage—John and Penny Johnson are requesting a conditional use permit to allow outside storage of trucks and landscaping materials on Lot 5, Block 3, Letendre 2nd Addition, located along the east side of Highway 13, north of Letendre Street, at 3206 Sibley Memorial Highway. The Advisory Planning Commission conducted a public hearing on this item at its meeting of July 26,,1994. The staff report and minutes of the Planning Commission are enclosed on pages 1 through (37 The commission recommended approval . of this conditional use permit, subject to the six conditions set forth in their minutes. The commission also directed that a more detailed site plan be prepared for the site indicating the location of parking, storage, landscaping, etc., and the schedule of improvements to the site. The applicant's response to the conditions has been as follows: 1) Landscaping- -The applicant does not intend to provide any additional landscaping with the exception of a berm on the north property line with low - growing vegetation. The applicant feels that this is not new construction and, therefore, should not require landscaping. City zoning ordinance regarding landscaping requires that a landscape plan be approved and implemented by a property owner for any existing commercial /industrial building that is expanded by more than 10 %. Because the applicant is adding the outdoor storage area, staff interprets this provision to be applicable to this development Landscaping should be provided on the berm along the north property line as well as along the front of the property adjacent to Highway 13. 2) Paving, Curb and Gutter - -The applicant proposes to resurface the front of the building with bituminous but wants to leave the back of the building with a limestone or gravel surface. The area behind the building is not very large and staff believes it should be surfaced with bituminous to eliminate any potential dust control problems. The public will be coming to this site. This is not the same as industrial storage areas. In addition, the applicant should stripe customer parking spaces in the front and delineate drive aisles. The applicant is also proposing bituminous curbing in lieu of concrete curb and gutter. Staff believes that while bituminous curb will not last as long, it may be a reasonable compromise in this situation with redevelopment. However, it should be required to be maintained and repaired if damaged. ��3 Agenda Information Memo October 4, 1994 City Council Meeting 3) Submission of a detailed grading, drainage and erosion control plan- -The applicant has submitted more detailed plans. They are proposing to discharge the runoff over land into the drainage system along Highway 13. Curbing the site will direct run off of greater volumes to more specific points of this highway ditch system. It is not possible to determine potential erosion problems which may be caused by the altered site runoff. The effects of this drainage on and off site should be reviewed by the City after site improvements have been made. 4) Construction of a storm sewer system - -In light of the review of the proposed drainage plan, this condition would no longer be applicable. 5) Provision of a site plan for the stored items - -The applicant has presented a site plan that shows they will construct up to 15 storage bins. These will be constructed of railroad ties and timbers. No additional screening is proposed. The natural vegetation on the rear slope will be maintained. In addition, the applicant is proposing to store up to 20 vehicles in the northeast corner of the site. 6) Storage of vehicles not to exceed 15- -The applicant is now requesting storage of up to 20 vehicles. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit to allow outdoor storage of vehicles, landscape materials and site plan improvements on Lot 5, Block 3, Letendre 2nd Addition, subject to the conditions listed below: 1) Submission and implementation of a landscape plan for the berm area north of the site and the area along Highway 13. 2) The applicant should upgrade the parking and storage areas with bituminous surface and bituminous curbing around the entire area. 3) The applicant shall properly maintain all surfaced areas, curbing and premises. 4) Customer parking spaces shall be striped and drive aisles delineated. 5) The applicant shall construct a berm along the north property line and railroad ties /timber bins to screen the proposed storage. 6) Storage of vehicles not to exceed 20 shall be located in the northeast portion of the property up against a hill. Dump trucks, pickup trucks and sod trucks and trailers will be permitted. No tractor trailer vehicles will be allowed. 7) The City shall inspect the site for compliance with the conditional use permit one year after approval and shall determine whether the storm drainage system is creating any erosion or other problems. As a result of this review, additional conditions may be imposed by the City Council. t qt Agenda Information Memo October 4, 1994 City Council Meeting 8) The applicant shall record the CUP at the Dakota County recorder's office within 60 days of Council approval. PAGE 4 /ADVISORY PLANNING COMMISSION MINUTES JULY 26, 1994 CONDITIONAL USE PERMIT JOHNSON'S RICHFIELD SOD & BLACKTOP Vice Chair Miller opened the next public hearing of the evening regarding a Conditional Use Permit to allow outside storage of trucks and landscaping material in a GB (General Business) district located on Lot 5, Block 3, Letendre 2nd Addition in the SW; of Section 9 on the east side of Sibley Memorial Highway. Project Planner Ridley introduced this item. Mr. Ridley highlighted that information presented in the City staff's planning report dated July 19, 1994, noting the background and history and existing conditions of the subject property, the surrounding uses, and the street and access issues. Mr. Ridley further noted that the existing site presently has a gravel parking lot and stated the applicant is willing to upgrade the parking lot to a bituminous surface with bituminous curb around the edges. Mr. Ridley noted that City Code requires that all new parking lots be constructed with concrete curb and gutter and surfaced with bituminous or concrete pavement. Mr. Ridley concluded that the proposed use is consistent with the existing general business zoning, but the Comprehensive Guide Plan designates the site for single - family residential. The applicants, John and Penny Johnson, were present. The applicants objected to Conditions Nos. 2 and 4 to the Conditional Use Permit. With respect Condition No. 2, requiring concrete curb and gutter around the parking lot, the applicants proposed to install asphalt curb citing the cost differential as a factor in their request. With respect to Condition No. 4, constructing a storm sewer system, the applicants proposed doing the work in phases. Ron Miller, a resident on the east side of the subject property, expressed his support of the proposed use, but noted that his only concern is the storage of trucks. Craig Van Winkel, 3240 Heritage Way and a neighboring resident located at 3251 Donald Avenue, both expressed support in the proposed use. Member Heyl requested City staff to respond to the applicants objection to the storm sewer issue and the applicants request for asphalt curb as opposed to a concrete curb and gutter. Mike Foertsch explained that curb and gutter constructed of concrete, as opposed to asphalt, is required under City Code because asphalt has a temporary or short term life. He further explained that concrete is more durable and long lasting. With respect to the storm sewer issue, Mr. Foertsch advised that the issue of runoff must be worked out with the Minnesota Department of Transportation. PAGE 5 /ADVISORY PLANNING COMMISSION MINUTES JULY 26, 1994 Member Heyl inquired as to assure that the required grading, drainage and erosion control plan must be submitted and approved before the issuance of the Conditional Use Permit. Member Miller inquired as to whether the applicant would be able to submit the plans by August 2, 1994, to which the applicant stated, yes. Member Wallace commented that he is "pleased" with the proposal. Member Miller inquired with City staff as to whether the :required curb and gutter work may be donee in phases and whether it is advisable to permit the applicant to install asphalt curbing temporarily. Assistant City Engineer Foertsch advised that asphalt is only temporary and although allowed temporarily in other projects, this might be cost prohibitive to the applicant since the applicant would need to replace with concrete in the hear future. Member Heyl inquired as to Mr. Ron Miller's, the neighbor of the subject property, concern regarding storage of vehicles on the subject property. Community Development Director Reichert indicated that the issue is the number of vehicles that will be allowed to be stored. Ron Miller stated he supports the notion of setting a limit of the number of vehicles that can be Stored but also is concerned about the type of vehicles. Member Segal expressed concern about the lack of a detailed site plan for the proposed use. He stated he would like a detailed site plan with some specificity of parking, schedule of improvements, etc. to pass onto the City Council. Member Heyl concurred with Member Segal regarding a need for a site plan which specifically sets out the applicants plan's for upgrading the property. Heyl further concurred that because the conditions on the Conditional Use Permit run with the land, it is advisable to set a maximum number of vehicles permitted to be stored on the property. Mr. Ron Miller supported the maximum number of vehicles to be 15 but also expressed concern about the storage of large tractor trailers. Wallace moved, Segal seconded, the motion to approve a Conditional Use Permit to allow outside storage of trucks and landscaping material in a GB (General Business) district located on Lot 5, Block 3, Letendre 2nd Addition in the SW; of Section 9 on the east side of Sibley Mearorial Highway subject to the following conditions: Site Improvements 1. The applicant shall submit a Landscape Plan for staff review and approval. PAGE 6 /ADVISORY PLANNING COMMISSION MINUTES JULY 26, 1994 2. The development will be required to upgrade the parking lot to a bituminous or concrete surface with concrete curb and gutter around the edges, and to maintain the lot in a reasonably safe and clean manner so as not to impair the health, safety and welfare of the property, the neighborhood and the employees and invitees upon the property. Grading /Drainage 3. The applicant will be required to submit a detailed grading, drainage and erosion control plan for City review and approval, prior to City Council action. 4. The development will be required to construct a storm sewer system that will collect the runoff from this site and convey the storm water to the existing storm sewer system on Highway 13. Site Plan 5. Applicants shall present a site plan as to how stored items (what type and how much) will be contained and screened. 6. Storage of vehicles, not to exceed 15, shall be located in northeast of property up against the hill, dump trucks, pick up trucks and sod truck and trailer (no tractor) for storage purposes only. All present voted in favor. r• CITY OF EAGAN CITY COUNCIL 3830 PILOT KNOB ROAD EAGAN, MN 55122 AUGUST 24, 1994 SITE IMPROVEMENTS JOHNSON'S RICHFIELD BLACKTOP INC. 12529 Norway Point Burnsville, MN 55337 881 -5101 890 -8666 CONDITIONAL USE PERMIT CITY OF EAGAN STAFF AND COUNCL MEMBERS In response to the Advisory Planning Commission minutes - dated July 26, 1994 regarding property in a GB (General Business) district located on Lot 5, Block 3 Letendre 2nd Addition in the SWi of Section 9 on the east side of Sibley Memorial Highway. A) REGARDING LANDSCAPE PLAN - This is not new construction - We are not up- grading complete surface. This property sat unattended for many years and was on the verge of being condemned when we moved in. We are upgrading the development at the present time and will continue to pursue this issue but it can't be done overnight because of the time and cost involved. This is what we purpose for your consideration: (Per attached diagram) 1) Applicants will install a berm with low growing vegetation on north property line for flood control, privacy and a sound barrier. 2) PARKING LOT - Front lot will be presently repaired where needed and eventually be overlayed. Back lot will be limestone surface. This complete process cannot be completed until removal of test wells which were installed June 1994 has taken place. CURBING - (Per attached diagram) Applicants want to install asphalt curbing rather than concrete. GRADING /DRAINAGE 3) Applicants are submitting a diagram detailing the grading, drainage and erosion control for city review. 4) The above mentioned diagram should show why a storm sewer is not necessary. SITE PLAN 5) STORED ITEMS - Rock, dirt, sand, etc. (Landscape materials) Approximately 12 -15 bins will be needed, each containing 40 -50 ton each. t �� page 2 of 3 Bins will be installed in 1995 with asphalt bottoms, sides of treated ties /timbers and backs of asphalt /timber. 6) STORAGE OF VEHICLES - Approximately 15 -20 vehicles shall be stored. Winter months - in N.E. corner section of lot up against the hill, dump trucks, pick up trucks and sod truck and trailer (no semi tractor) for storage purposes only. Applicants intentions are to continue upgrading property as funds are available. Sincerely, ohn & Penny J Johnson's Richfiel• Blacktop, Inc. j O Page 3 of 3 CONDITIONAL USE PERMIT REPAIRS TO GET INTO BUILDING Glass Water heater Plumbing fixtures Paint Roof Water cleanup Furnace pump Hoist repair Sheetrock Removal of two tanks ALREADY PAID OUT $ 1,500 2,000 1,500 in future - $8,000 - $10,000 EXPENSES TO BE INCURRED IN 1994 FOLLOWING COUNCIL APPROVAL Repair of roof using asphalt roofing material Removal of 2 tanks that are still in ground Replace windows Upgrade building, paint, plumbing fixtures, hot Drainage Plan required by P.Lanning Commission Securing building Haul away debris Repairing garage door Doors Locks 2nd story flooring Lights Patching security screen on upstairs windows Patching blacktop $2000 $8000 - $10,000 water heater 0 O w 0 4 0 W F t r z 4 V O r a 0 V • JM W W N c O ti W � LL {� t cc o ef u , w Q 1 .! V Z J CC W W d' I p U O g `V Cr re Y t3 f r • ok 714 - - - - -- =? 1 - _ - ___ --- -_ - - -- ` `, a1 JOHNSON'S RICHFIELD BLACKTOP INC. 12529 Norway Point Burnsville, MN 55337 881 -5101 890 -8666 04 g J OHNSON'S RICHFIELD BLACKTOP INC. 12529 Norway Point Burnsville, MN 55337 881 -5101 890 -8666 b ie 3 SUMMARY OF REQUEST John and Penny Johnson, owners of Johnson's Richfield Sod & Blacktop are requesting a Conditional Use Permit to allow outside storage of trucks and landscaping materials on Lot 5, Block 3, Letendre 2nd Addition, located along the east side of Highway 13 just north of Letendre Street at 3206 Sibley Memorial Highway. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 19, 1994 APPLICANT: Johnson's Sod and Blacktop PROPERTY OWNER George Huber REQUEST: Conditional Use Permit LOCATION: SW 1/4 Section 9 COMPREHENSIVE PLAN: D -I, Single Family (0-3 units /acre) ZONING: General Business (GB) AUTHORITY FOR REVIEW City Code Section 11.40, Subd. 4, 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: 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. lczwo CASE #: 9- CU- 7-6-94 HEARING DATE: July 26, 1994 PREPARED BY: Mike Ridley Planning Report - Johnson's Sod & Blacktop July 26, 1994 Page 2 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. BACKGROUND/HISTORY Letendre 2nd Addition was platted and zoned Single Family (R -1) in 1964. Apparently, the building was constructed prior to 1950 and operated as a country store for an undetermined amount of time. In 1966, Mr. George Huber acquired the property and the Town Board approved his requested rezoning from R -1 to Light Commercial (0.1). The Town Board also approved a CUP for a gasoline service station. When the Eagan Zoning Ordinance was revised in 1975, zoning districts were renamed and this particular property was designated General Business. Mr. Huber operated Country Standard for 16 years then sold (contract for deed) the property in 1982 to Tom Maclntyre who operated the facility as Country Rod & Worm until Mr. Huber foreclosed on the property in 1989. The site has been unoccupied since this time. In 1992, Robert Zimmerman requested three CUP's to allow motor fuel sales, outdoor storage, and motor vehicle repair. This proposal was recommended for approval by the APC however, the applicant withdrew the application prior to Council action. According to a letter dated April 8, 1992, Mr. Zimmerman withdrew his applications because he believed the conditions placed on the permits would prevent any viable business from operating profitably. Since 1989 the building became quite dilapidated and the City received numerous complaints mainly associated with loitering and :illegal dumping of furniture, appliances, and assorted other refuse. Property owner Huber unsuccessfully attempted to keep up with the dumping. In late May of this year, Richfield Sod & Blacktop contacted City staff to determine what permits would be necessary to operate their business at this site. After informing them a CUP was necessary they began negotiating with the property owner. In the meantirne, they were informed that they had to vacate their existing premises by mid -June. By this time, they had missed the June 1 application deadline for the CUP to appear before the APC at the June 28, 1994 meeting. Planning Report - Johnson's Sod & Blacktop July 26, 1994 Page 3 Richfield Sod & Blacktop has been a family owned business since 1952. The primary function of the business is off -site blacktopping although, the Garden Store portion of the business sells sod, black dirt, and landscape rock. The company is not involved in the production of asphalt. While the asphalt plants are operating, the company has 10 full time employees. During the winter, business is generally limited to christmas tree sales and the full time employee count drops to 2 -3; however, the company has plans to expand the retail portion to include garden fixture and supply sales. The Johnson's have met with the surrounding neighbors to discuss their intended use and upgrade of the property. EXISTING CONDITIONS The property is currently zoned GB; however, the Land Use Guide Plan designates this area D -I, Single Family Residential. The 1 1/2 story service station has a building footprint of approximately 2,000 s.f. and is located in the northwestern portion of the site. Johnson's Richfield Sod & Blacktop has moved their operation to the subject site and started making improvements. The current situation is unusual; however, a decision was made by staff to allow, perhaps temporarily, the business to occupy the site prior to CUP approval provided the Johnson's understood they were required to apply for the CUP in a timely manner and were willing to accept the risk of investing time and money to relocate and start operating the business without any guarantee that the CUP would be approved. The Johnson's acknowledged these facts (please see attached exhibit) and started business operations and site clean -up in mid -June. The most level portion of the site is approximately 10' above the grade of Highway 13 and approximately 30' below the grade of the adjacent property to the east. All of the site's existing vegetation is located on slopes that will not be disturbed. While operating as a motor fuel station, soil contamination occurred that has been removed; however, the site still has four ground water monitoring wells operating. COMPATIBILITY WITH SURROUNDING USES Johnson's Richfield Sod & Blacktop serves residential, commercial, and industrial customers. Although the site is adjacent to residential property, it also has frontage on Highway 13. The majority of the property contains a steep, heavily wooded, slope that provides a natural screen to surrounding residential land use. Planning Report - Johnson's Sod & Blacktop July 26, 1994 Page 4 Developing this site in keeping with the D -I, Single Family Guide Plan designation is not likely due to the limited amount of buildable space, and the location of that space in relation to TH 13. Considering the foregoing information, the use should be compatible with the area. SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North - Undeveloped; zoned R-4; and guided D -IV (+ 12 u /ac) South - Single Family homes; zoned R -1; guided D -I SF East - Single Family homes; zoned R -1; guided D -I SF West - Highway 13 /Undeveloped property zoned and guided Industrial TVALUATION OF REQUEST Site Plan - In addition to the existing building the applicant is proposing three accessory buildings for storage purposes. The outside storage, for which this CUP is required, planned includes night /weekend parking of empty blacktop trucks & equipment and three sided bin storage of landscape materials (dirt, rock, etc.). S etbacks - The former service station building is setback 40' from the west property line. Current City Code requires a setback of 50'; therefore, the building is a legal nonconforming structure. All other setback requirements are met. Landscaping - The site is not Landscaped. The applicant should provide City staff a landscape plan for review and approval. Tree Preservation Policy - Existing site vegetation will not be disturbed. Grading/Wetlands - The development will be required to submit a detailed grading, drainage and erosion control plan for City review and approval. The plan would address how the drainage will be handled from the upgraded parking lot. Upgrading the site should not require an extensive amount of grading. There are no wetlands on this site subject to regulation under the Wetlands Conservation Act. /a 9 Planning Report - Johnson's Sod & Blacktop July 26, 1994 Page 5 Storm Drainage/Water Ouality - The storm sewer system that serves this area drains to Pond CP -9 which is located in the Fort Snelling State Park west of State TH 13. Pond CP -9 was designated as a nutrient trap in the City's Water Quality Management Plan. The drainage area that contributes to this site will generate enough storm water runoff to require a storm sewer system. The design of the system will need to be reviewed by MnDOT because it will drain to State TH 13. Utilities - No additional sanitary sewer or watermain improvements are necessary. Streets /Access /Circulation - The existing circulation pattern for this site includes a driveway connection to Letendre Street to the south and to State TH 13 opposite Terminal Drive to the northwest. The existing site has been a gravel parking lot. The developer is willing to upgrade the parking lot to a bituminous surface with bituminous curb around the edges. City Code requires that new parking lots be constructed with curb and gutter around the edges and surfaced with bituminous or concrete pavement. SUMMARY /CONCLUSION The proposed use is consistent with the existing GB zoning (outdoor storage requires CUP) although the Guide Plan calls for single family residential development which is unlikely to occur. If approved, the applicants intend to upgrade the building and site with the expectation of purchasing the property in the future. Access and City utility services are already in place; however, a site drainage and storm sewer system is needed. ACTION TO BE CONSIDERED To approve /deny a Conditional Use Permit to allow outside storage of blacktopping trucks & equipment and landscape supplies on Lot 5, Block 3, Letendre 2nd Addition, subject to the following conditions: Site Improvements 1. The applicant shall submit a Landscape Plan for staff review and approval. 2. The development will be required to upgrade the parking lot to a bituminous or concrete surface with concrete curb and gutter around the edges. Planning Report - Johnson's Sod & Blacktop July 26, 1994 Page 6 Grading/Drainage and erosion 3. The applicant will be required approval. sub submit a detailed grading, drainage plan for City revie w and 4. The development will be required to construct a storm sewer system that will collect the runoff from this site and convey the storm water to the existing storm sewer system on Highway 13. FINANCIAL OBLIGATION - 9- CU- 7 -6 -94 Lot 5, Block 3, Letendre 2nd There are pay -off balances of special assessments totaling $0 on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the use of the property, the following charge is proposed. The charge was computed using the City's current fee schedule and the connection and availability of the City's utility system. Improvement Use Rate Quantity Amount Storm Sewer Trunk C/I .107 112,338 sq ft $12.020 Total $12.020 This financial obligation is presented for informational purposes and is not a condition of the issuance of the permit. eu[ ra OAK RD 1. Fe ! Ne I IL l /S la � ' ' c`' 1( aot I «P 1 • c nn f TD P' /,, �' NNW f� --� 1 \ }�W .1V4 tA�t�w Qv f6" A tiJ7+►RviE " ' R6�� ;, . (`. Ii 1' _I rit c " 4 6A`S ;.. - , � ,\� \ AIOO p SAT EP •".-- VIE AT ME NT F ACJLI7Y NW �, C/7 Y MA /N .- rAC 1l /71 uY OUAAA re/7A E rrcD /!7`E Of r7.. comm.. _ CO/ A i 4c c YANK!. API • 11i� 4. NW y SW 40 4 W // SfLvtR • et LI. c s \ �SE NE / 'ir NIGN_YIEW�� r ^ — AvC yRIDGE4 H /r /It' /E 11 riE 1 rArt, l33 WIN II HAI A .r t7 E T .I n7f ,(•cn In !KYL wit rAt1 P" OC'ATiOi 1 rirN A I - TAMAP ►C r 2 - $IRCN r7 5 NORAAY Pt 4 - ICCESI Atr 5 - IROIIWOOr 6. REDWOCND 7 - erni,rr rl tEM O'LEARY ► GUIDE PI Ai /3 ?* ,<3(. city of =man ,STATEMENT OF UNDERSTANDING DATE: June 22, 1994 THOMAS EGAN Mayor SUBJECT: Lot 5, Block 3, Letendre Addition No. 2; zoned General Business (GB). (3206 Sibley Memorial Highway) PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHIER Council Members THOMAS HEDGES City Ad vnstrot E. J. VAN OVERBEKE Ctty Clerk FACT: 1. Outside storage is a Conditional Use in the GB zoning district. 2. The above referenced property is currently owned by Mr. George Huber. As owner's of Richfield Blacktop Inc.: We understand that due to our urgent need to vacate our previous place of business, the City of Eagan is allowing us to relocate our business, which includes outside storage, to the above referenced property without first receiving City Council approval of a Conditional Use Permit (CUP) for outside storage. We understand that we are required to submit an application requesting CUP for outside storage no later than July 1, 1994. We understand that the City is not guaranteeing that this permit will be approved. We understand that if approved, conditions of approval will include site/building improvements to meet current City performance standards. We also understand that without City approval, we are risking all costs that we have /or will incur associated with preparing this property for our use. nn a," f , /2* fs, Johnso "Ir MUNICIPAL CENTER 3630 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 -1897 PHONE: (612) 681.4600 FAX (612)681.4612 TDD: (612) 454 -8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GRO■TH IN OUR COMMUNITY Equal OpportuntteAt t Employer MARILYN L Nr YpTAM ►Ue YWN[ipTA aormifts• swim •410 MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE (612) 681.4300 FAX: (612) 681-4360 TDD: (612)454 -8535 Agenda Information Memo October 4, 1994 City Council Meeting ORDINANCE AMENDMENT/MASSAGE THERAPY C. Proposed Ordinance Amendment, Massage Therapy -- Enclosed on pages through /f /is a memorandum from the Police Department covering the proposed revise massage therapy ordinance. City Council had previously requested that staff work with the massage therapy industry to investigate modification of the City's ordinance in consideration of changes in the massage therapy business. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment of the City ordinance relative to massage therapy as presented. t Y2 POLICE DEPARTMENT MEMO city of eagan DATE: TOM HEDGES, CITY ADMINISTRATOR TO: PATRICK J. GEAGAN, CHIEF OF POLICEV FROM: SEPTEMBER 26, 1994 SUBJECT: MASSAGE ORDINANCE On December 15, 1993, the Eagan Massage Therapy Cooperative (EMTC) sent a letter to Mayor Egan requesting certain changes to the current Massage Ordinance. On January 21, 1994, Gene Van Overbeke, Liz Witt, Linda Cummings and myself met with five representatives of the EMTC. Several issues were discussed, namely wording in the current ordinance, the investigative fee, and a request to have massage therapist's licensed to do business in the home. Linda Cummings researched what other cities are doing with regard to massage therapists. On May 27, 1994, this same group met again including Assistant City Attorney Sharon Hills and Planner Shannon Tyree. At this meeting, wording in the ordinance, massage therapy as an in -home business, and minimum qualifications for massage therapists was discussed. At a recent City Council meeting, a representative from Life Time Fitness Center expressed concern over the residence requirement of the manager, hours of operation, and locking massage room doors. Assistant City Attorney Hills has rewritten and reorganized certain sections of the current ordinance to reflect the requests from the EMTC and Life Time Fitness Center. Attached for your approval is the proposed Massage Therapy Ordinance Amendments. (3°1 MEMORANDUM TO: Pat Geagan, Chief of Police FROM: Sha K. Hills, Assistant City Attorney DATE: September 1, 1994 RE: Proposed Massage Therapy Ordinance Amendments Our File No. 206 -6447 INTRODUCTION In accordance with your request following our May 27, 1994, meeting with three representatives from the local massage therapy business community, attached please find a draft of the proposed amended massage therapy ordinance. As you will recall, the following four issues were the focus of the representatives concerns: 1. Removing any language from the present massage therapy ordinance which supports the "stereotype" that massage therapy is really prostitution or other illicit conduct. 2. Reduction in the investigation fees. 3. Permit massage therapy as an in -home occupation. 4. The minimum qualifications for massage therapy licensure (minimum hours of training versus national certification). DISCUSSION 1. Legitimate Therapeutic Massage. The representatives for the local massage therapy businesses believed that certain language in the present ordinance connotes therapeutic massage with prostitution or illicit conduct. To address this concern, Subdivision 1, stating the City's statement of policy, was amended by adding language to the effect that the City recognizes therapeutic massage as a legitimate health care or health maintenance technique. Language was also added, however, that the City equally recognizes the potential for illicit "massage" establishments or operations, and therefore, licensing therapeutic massage establishments and therapy is necessary. The definition of "massage therapy" in Subdivision 2 is also amended to give the practice some legitimacy and professionalism as requested by the local massage therapist representatives. You will also note that the prohibition of such uses as saunas, rap parlors, escort services, etc., was removed from the policy statement of the ordinance and added as a separate subdivision (Subd. 3). 2. Investigation Fees. The second concern, regarding the amount of investigation fee, was researched by Linda Cummings. She reviewed a number of other municipalities' required investigation fees for massage therapy establishment and therapist licenses. Linda found that Eagan's fee is not out of line with the other municipalities. Based on these findings, the investigation fee was left as presently provided in the ordinance. 3. In -Home Occupation. The local massage therapist representatives also expressed their desire to be permitted to practice therapeutic massages as an in -home occupation. Project Planner Shannon Tyree, who was also present at the May 27, 1994, meeting, indicated that under the City Code, massage therapists could practice therapeutic massage aq an in -home occupation provided each individual therapist obtain a conditional use permit from the City. Following the meeting, however, I reviewed the current massage therapy ordinances more thoroughly. Section 6.39, Subds. 3 and 5 (under the current ordinance), clearly provides that therapeutic massages may only occur within a licensed massage therapy establishment which in turn is permitted only in commercial or Industrial districts. Accordingly, therapeutic massages may not be operated as an in -home occupation, even with a conditional use permit. Therefore, based on the foregoing and your objection to therapeutic massage operations as an in -home occupation, no changes to the present ordinance were made with respect to this issue. 4. Minimum Qualifications for License. Finally, the requirements for a massage therapist license as set forth in the present ordinance was revised as shown in the proposed ordinance amendment. As you know, the present ordinance requires a minimum of 100 hours of completed course work /training. At the time of the adoption of the present ordinance, no therapeutic massage certification exam existed and I 4, thus, the City was left with requiring a minimum number of hours of training /school. Because the American Massage Therapy Association now offers an examination process for national certification for therapeutic massage and body work, you indicated (at the meeting) that the minimum training /school hour requirements should be replaced by a requirement that the massage therapist be certified through this national certification examination by the American Massage Therapy Association. As a result, the proposed ordinance amendment replaces the minimum 100 hours of course work with the national certification requirement. CONCLUSION I believe the proposed ordinance amendment addresses all the issues we discussed during our May 27, 1994, meeting. If you have any questions or concerns regarding any of the amendments, please do not hesitate to contact me. If the amendments are in order and are satisfactory to you, please advise me in order that I may forward a copy to Liz Witt for department circulation prior to presentation to the City Council. SKH /wkt cc: Linda Cummings Jim Sheldon MEMORANDUM TO: Liz Witt, Administrative Assistant FROM: Sharon R. Hills, Assistant City Attorney DATE: September 15, 1994 RE: Proposed Massage Therapy Ordinance Amendments Our File No. 206 -6467 Enclosed please find a copy of the Massage Therapy Ordinance with noted proposed amendments. In addition, enclosed please find my memorandum dated September 1, 1994, to Chief Geagan outlining the proposed amendments. Please note that since the September 1, 1994, draft, additional amendments to the Massage Therapy Ordinance were made, namely Subdivision 9 of the present Section 6.39, governing massage therapy establishments. It is my understanding that at the September 6, 1994, City Council meeting, a representative of Lifetime ( ?) Fitness Center expressed concern regarding the residence requirement of the manager and /or licensed massage therapist. It is my understanding that in a lot of cases, either the establishment's manager is not a resident of Eagan or the massage therapist who often travels from fitness center to fitness center on a weekly basis and hence not necessarily a resident of the City. In speaking with Jim Sheldon, I was advised that the present ordinance's residence requirement was mirrored after the liquor license provisions which favored a liquor licensee to be a resident of the City. Considering the nature of fitness center and other businesses providing massage therapy, it is our offices opinion that it is not necessarily practical to have a residence requirement for massage therapy establishment licensees. Chief Geagan also has no objection to removing that requirement. However, for effective enforcement of the ordinance there must be one specific person the City can call on on behalf of the licensee who shall be accountable for the license. Accordingly, Subdivision 9 was amended to delete the City residency requirement, but left :language to require an on- premises manager or agent who shall be responsible for the license premises and the license itself. Please circulate this proposed ordinance to the department heads in your usual manner. If you have any questions or concerns, please do not hesitate to contact me. SKH /wkt cc: Linda Cummings, Administrative Assistant 143 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION & LICENSING" BY AMENDING SECTIONS 6.39 AND 6.40 REGARDING MASSAGE THERAPY ESTABLISHMENT AND MASSAGE THERAPIST LICENSING; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 6 is hereby amended by changing Section 6.39 and 6.40 to read as follows: SEC. 6.39. MASSAGE THERAPY ESTABLISHMENT AND MASSAGE THERAPIST LICENSES. Subd. 1. Statement of Policy. - T =late == rroh i d - the City recognizes and accepts therapeutic massage, as distinguished from other forms of massage. as a scientific health care and /or maintenance technique or procedure for the human muscles, tendons, tissues and the like. The City, however. equally recognizes the potential for illicit massage operations or establishments in the wake of legitimate, professional therapeutic massage establishments. Accordingly, in order to prevent or protect against the existence of illicit massage establishments or operations in the City of Eagan and to protect the public's health. safety and welfare. the City deems it necessary to regulate therapeutic massage establishments and massage therapists through the licensing process. The City dccmo it neccaoary to provide for the ostablichmonts whoco 3dultc, opposite g � ccx and and defined ,aa followc i susceptible corviooc inoludc ceociona offered to operation n a manner A. Thc term "cauna" means any public faoility- ucod for thc cxolucivc purpose of bathing, rcducing-er- relaxing agent. 4en- group" moan any person, aetablichment or business - advcrticing, offcring, cclling,, trading or battering the- vices of itcclf, itc employees or agents -— may- deal in any way with patron'o phycioal soncec whcthor or net- othcr goodc or ccrviocc arc cimultanooucly advorticed,- said goods or scrviccs arc alco Y- C. Thc term= "ccoort: ccrvicc" or "modal sorvicem or "dancing ccrvioc" or "hostccc ccrvioc" mcanc any perce 7 trading or bartcring thc ccrviocs of itcclf, itc cmployees- companions whothor or not goods or ccrviocc are - oimultancoucly advcrticcd, offcrcd, cold, traded or bartered- and rcgardlc3 of whcthcr cai ^dc seery ice Grey -a3clse- requi mod -to be licensed. D. The term "similar adult - oriented corviooe "- meant to include all other cervices which fall within the different namoc. phycioal thcrapict, 14S -or her deer Subd. 2. Definitions. As used in this Section, the following words and terms shall have the meanings stated: A. "Massage Therapy" or "Therapeutic Massage!' means thc practice of rubbing, stroking, knoading, tamping-, or rolling of the body with -the ds , fo `he ____' __ive- purpoocc of relaxation, physical fitnecc, or bcautifioation, a scientific health care or health maintenance technique or procedure carried out by a massage therapist involving the massaging and kneading of human skin, muscles and tissues for the purpose of easing mental and physical tension, the breaking up of fatty tissues and muscle spasms, and the improvement of circulation through the body. and for -no othcr purpose, by a person not 14e fteed-a a di ca deete- athlctio dircotor and traincr, -or� oc 1p, facc and ncck. B. "Massage therapy establishment" means any room or rooms wherein persons may, for a fee or other consideration paid either directly or indirectly, receive a therapeutic massage. C. "Massage therapist" means a person. other than a person licensed as a medical doctor. chiropractor. osteopath, podiatrist. licensed nurse. physical therapist. athletic director or trainer. or beautician or barber who confine his /her treatment to the scalp. face and neck, who for compensation, practices and provides. therapeutic massage. Subd. 3. Prohibited Establishments or Operations. Any use, establishment. operation or business whose services include sessions offered to adults, conducted in private by members of the same or the opposite sex, and employing personnel with no specialized training, and susceptible to operation in a manner contravening, subverting or endangering the morals of the community by being the site of acts of prostitution, illicit sex and occasions of violent crimes, are prohibited. including but not limited to: A. A sauna defined as any public facility used for the exclusive purpose of bathing. reducing or relaxing. utilizing steam as a cleaning, reducing or relaxing agent. B. p, rap parlor or conversation parlor or adult encounter group or adult sensitivity group defined as anv person. establishment or business advertising. offering. selling. trading or bartering the services of itself. its employees or agents as non - professional counselors. teachers or therapists who may talk to. discuss or have conversation with patrons or who deal in any way with patron's physical senses whether or not other goods or services are simultaneously advertised, offered. sold. traded or bartered and regardless of whether said goods or services are also required to be licensed. C. An escort service or modeling service or dancing service or hostess service are defined as any person. establishment or business advertising. offering. selling. trading or bartering the services of itself, its employees or agents as hostesses. models. dancers. escorts. dates or companions whether or not goods or services are simultaneously advertised. offered. sold. traded or bartered and regardless of whether said goods or services are a]so required to be licensed. D. Anv other similar adult - oriented service that falls within the uses or establishments described in this Subdivision but are operated under different names. Subd.-94. Massage Therapy Establishment. A. License Required. It is unlawful for any person to operate a massage therapy establishment without a license therefor from the City. It is unlawful for any person to practice therapeutic massage therapy in any place except upon licensed premises. Cubd. 4. License Application. All initial applications for licenses to operate massage therapy establishments shall be accompanied by a non - returnable investigation fee of $300.00. This fee shall also cover the investigation fee for one massage therapist. Applications shall contain the names and addresses of the owners, lessees and operators of the applicant, together with a description and location of the premises. The application shall also include information as to any convictions of any crime or offense committed by applicant, together with such other information as the Council may require before consideration of the application. All applications by corporations shall include the names and addresses of all persons having a beneficial interest therein. An investigation by the Building Inspector shall be conducted of all premises proposed to be licensed before consideration by the Council. The Police Department shall conduct an investigation of all persons proposed to be licensed before consideration by the Council. All applications shall thereafter be considered by the Council. Cubd. 5 Restrictions and Regulations. Licenses shall be granted only for operation upon fixed premises which must be located in a commercial or industrial district as established by the Zoning Chapter. The total number of licenses issued shall be limited to six. —$2. Licenses shall be granted only upon a showing of compliance with all laws of sanitation. --e3. No beer, liquor, narcotic drug or controlled substances, as such terms are defined by State Statutes or the City Code, shall be permitted on licensed premises. -B4. Violation of any law or regulation relating to building, safety or health, shall be grounds for revocation of any license. -65. Thoro shall bo Nito leeks --on doors of massage rooms, when occupied by one (1) or more persons, shall be locked. -F6. Only massage therapists who are licensed by the City shall practice therapeutic massage. -1247. No massage therapy establishment shall discriminate between persons on the basis of race, color, creed, sex or national origin or ancestry. -1-8. All massage therapy establishment licensees must comply with any and all amendments to this Chapter. Failure to do so shall be grounds for revocation of any license. Cubd. 6_ D. Unlawful Acts. Ad. It is unlawful for any licenses to fail to at all times observe all restrictions, regulations and maintenance requirements contained in this Section. -S2. It is unlawful for any licensee to be open for business between the hours of ' 10:00 P.M. and -6-:Q-O- 6:00 A.M. of any day upon lieensed v uK, k A.M. of any day. St�ac — E. License Condition and Unlawful Act. -Al. All premises licensed under this Section shall at all times be open to inspection by any health or police officer to determine whether or not this Section and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspections by such officers and without a warrant for searches and seizures. --. it is unlawful for any licensee, or agent or employee of a licensee, to hinder or prevent a police or health officer from making such inspection. F. Exception. This Section shall not apply to a health care facility (1) owned by a municipal corporation organized under the laws of the State of Minnesota, or (2) owned by the State of Minnesota or any of its agencies, or (3) licensed by the State of Minnesota. Cubd. 0. C R - idcnt Manager or Agent. Before a license is issued under this Section to an individual who is a non - resident of the City, to more than one individual whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person e9i - re— e-ity- as its on- premises manager or agent. Such rccidont on- premises manager or agent shall, by the terms of his /her written consent, (1) take full responsibility for the conduct of the :Licensed premises, and, (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to be located at the :Licensed premises a resident of tho City or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. Subd. 10. j License Fee. The annual license fee for a massage therapy establishment shall be $300.00. This fee shall also cover the annual license fee for one massage therapist. Subd. 5. Massage Therapist License. Subd. 1. Dofinitions_ As used in this Section, she f rllncaing means thc practice of pubb-ing, ctroking, kneading, tamping, ®r rolling of tho body with the hands, for thc cxolucivc purpoccc of rclanation, physical fitness, or beautification, and for no other purpose-, —by on not liocnccd ac a medical doctor, chiropractor, octeopath,- 3iroctcr and trainer, or beautician and barber who confine thcir treatment zo, for . - Subd. 2. A License Required. It is unlawful for any person to practice therapeutic massage therapy without a license therefor from the City. rrb 9 — License Application. All applications for a license to practice as a massage therapist shall be accompanied by a medical certificate from a physician duly licensed to practice medicine in the State of Minnesota � '69 stating that the applicant has no communicable diseases. All initial applications shall be accompanied by a non - returnable investigation fee of $200.00. All initial applications shall also be accompanied by front and side view photographs. Applications shall contain such other information as the Council may, from time to time, require. All applicants shall be at least eighteen (18) years of age. . Restrictions and Regulations. 1. liocnce shall furnish with thc application A massage therapist license shall not be issued unless the applicant provides proof of the following: (a) A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; -err (b) A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the State or local government agency having jurisdiction over the school.: or (c) A certificate of National Certification for Therapeutic Massage and Body Work by the National Certification Board of Therapeutic Massage and Body Work, an affiliate of the American Massage Therapy Association. at thc timo 3UCCC33fii • to, okci - -and-, application o (0) Hygiono. l� a minimum of 100 hcurc o including, but not limited to, Swodich, Esalon, Shiatsu, (b) Anatomy, including, but not limited gulatioAs- --4m 2. Whenever a therapeutic massage is given it shall be required by the massage therapist that the person who is receiving the massage shall have his /her buttocks, anus and genitals covered with an appropriate non - transparent covering. Any massage therapists performing any massages shall at all times have their anus, buttocks, breasts and genitals covered with a non - transparent material. --4. All massage therapist licenses shall comply with any and all amendments to this Chapter. Failure to do so shall be grounds for revocation of any license. S . jZ License Fee. The annual license fee for a massage therapist shall be $50.00. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 6.99, entitled "Violation a Misdemeanor "'are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Agenda Information Memo October 4, :1994 City Council Meeting MASSAGE THERAPY LICENSE /LIFETIME FITNESS D. Massage Therapy Establishment License, LifeTime Fitness - -If the preceding ordinance amendment relative to massage therapy is adopted, the application for a massage therapy establishment license for LifeTime Fitness will be in order for consideration. Enclosed without page number is a copy of the establishment license application and the Police investigation report. Approval of a license is conditioned upon Council approval of the ordinance amendment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a massage therapy license for LifeTime Fitness as presented. Agenda Information Memo October 4, 1994 City Council Meeting MASSAGE THERAPIST LICENSE /LIFETIME FITNESS E. Massage Therapist License in conjunction with LifeTime Fitness - -In addition to establishment licenses, each massage therapist operating within a licensed facility in. the City of Eagan must be licensed as well. Enclosed without page number is a copy of a massage therapist application received of Deann Johnson. This application was investigated concurrently with the establishment license and the preceding investigation summary covers it as well. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a massage therapist license for Deann Johnson, subject to the submission of additional documentation as noted in the report. / S3 Agenda Information Memo October 4, 1994 City Council Meeting F. Interim Use Permit, Aspen Hills Church, to allow a temporary church at the southeast intersection of Lone Oak Road and Lexington Avenue - -Aspen Hills Church requested an interim use permit for a three year period to allow its church to function in an existing building in .a light industrial district at the corner of Lone Oak Road and Lexington Avenue. The Council should note that the only type of zoning use permit that can be issued with a specific termination date is an interim use permit. Conditional use permits, sometimes called special use permits, run with the land and are not subject to a specified termination date as long as the conditions of approval are being satisfied. The practice of issuing special use permits has in effect been issuing use permits in contradiction to the zoning code; therefore, staff is advising the approach to these issues and applying the interim use permit vehicle where appropriate. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of September 27, 1994. The major issue was whether storm sewer and parking lot improvements should be required with an interim use permit. The Planning Commission is recommending that these conditions not be imposed in this situation. Therefore, they have recommended eliminating Conditions 2 and 3 in the staff report. INTERIM USE PERMIT /ASPEN HILLS CHURCH 'T nutes of hh ng Commission meeting and the staff report are enclosed on pages (( roug;h ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the interim use permit to allow Aspen Hills Church to occupy the existing building on Lots 1 -5, Block 5, Eagandale Center Industrial Park #3 subject to the two conditions set forth in the Planning Commission minutes. /S/ PAGE 3 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 INTERIM USE PERMIT ASPEN HILLS CHURCH Voracek opened the next public hearing of the evening regarding a Interim Use Permit to allow a temporary church in a 1 -1 (Light Industrial) district located on Lots 1 -5, Block 5, Eagandale Center Industrial Park #3 at the southeast intersection of Lone Oak Road and Lexington Avenue in the NW; of Section 11. City Planner Sturm introduced this item. Mr. Sturm highlighted the information presented in the City staff's planning report dated September 15, 1994, noting the background and history of the proposed use and site of the proposed use, the existing conditions of the subject property, the surrounding uses and compatibility therewith, the site plan and the parking lot and storm drainage issues. Mr. Strum specifically advised that City standards require that a parking lot be constructed with an asphalt or concrete surface with concrete curb and gutter edging. Mr. Sturm further stated that City standards require storm sewer improvements to provide a drainage system to serve the runoff from the site's parking lot. Mr. Sturm stated that the owner of the property, Opus Corporation, objects to the required improvements. Mr. Sturm stated that the proposed use on the subject property has a proposed three -year expiration dated. Mr. Sturm further stated that the traffic generated by the Church would be during off -peak hours which will assist the alleviation of congestion of the Lone Oak Road /Lexington Avenue intersection. The applicant, Aspen Hills Church, was represented at the hearing by its pastor. He stated that the use of the building on the subject property will only be temporary for one to two years, maybe three years at the most. He advised the Commission that the Church's Lease on the building on the subject property is for one year, than shall run on a month -to -month basis. He advised the Commission that Opus Corporation will not do the improvements and it is beyond the means of the Church to complete the requested improvements. He stated that if the Church is required to make the recommended improvements, the Church would be forced not to use the building. No representative from Opus Corporation was present. In response to Member Segal's question, the pastor advised that the Church would need to use the whole parking lot, but only two - thirds of the lot is presently paved. The pastor noted that the gravel portion of the lot is well graded and in good shape. Member Merkley stated that based on the fact that the proposed use will only be temporary, it is much too big of a burden on the owner or applicant to require the upgrade of the storm sewer system and parking lot. He commended the Opus Corporation for its community PAGE 4 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 service to the Church by providing it rent -free space. Member Miller concurred with Member Merkley, adding that the proposed interim use does not change how the property has historically been used, noting the only change is the tenant of the building. Merkley inquired with the pastor whether the applicant is in agreement to making landscape improvements. The pastor advised the Commission that the Church is currently in the process of providing landscaping, noting that flower beds and shrubbery are presently being installed. Chairman Voracek stated that the proposed use is an interim use and the traffic volume from the proposed use is not a burden on the streets. He stated that the proposed use is not similar to the other properties on the evening agenda which have more intensive vehicular use. Segal moved, Heyl seconded a motion to recommend the granting of an Interim Use Permit to Aspen Hills Church to allow a temporary church in a 1 -1 (Light Industrial) district located on Lots 1 -5, Block 5, Eagandale Center Industrial Park #3 at the southeast intersection of Lone Oak Road and Lexington Avenue in the NW; of Section 11, subject to the following conditions: 1. The permit being recorded with Dakota County within 60 days of Council action with documentation provided to the City and the permit shall terminate three years from the date of City Council action. 2. A landscape plan shall be submitted with emphasis on screening the parking lot. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 15, 1994 CASE #: 11- SP- 3 -8 -94 APPLICANT: Aspen Hills Church HEARING DATE: September 27, 1994 PROPERTY OWNER: Opus Corporation PREPARED BY: Jim Sturm REQUEST: Interim Use Permit LOCATION: Lots 1 -5, Block 5, Eagandale Center Industrial Park #3 COMPREHENSIVE PLAN: Ind (Industrial) ZONING: I -1 (Light Industrial) SUMMARY OF REQUEST Aspen Hills Church requests an Interim Use Permit to allow for a three -year period to allow its church to function in an existing building in a Light Industrial district on Lots 1 -5, Block 5, Eaganciale Center Industrial Park #3 located at the southeast corner of Lone Oak Road and Lexington Avenue. AUTHORITY FOR REVIEW: Interim Use Permit: The definition of an Interim Use is: "A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it." The permit itself may be terminated by a change in zoning regulations or with a date specified by the Council. It is subject to annual review, however, does not have to be heard before the Advisory Planning Commission and City Council. City Code Section 11.20 Subd. 2 states: The City Council may issue Interim Use Permits for an interim use of property if : A. The use is not already a permitted, or conditional use under the zoning regulations. B. The date or event that will terminate the use can be identified with certainty. C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. D. The user agrees to any conditions that the Council deems appropriate for permission of the use. BACKGROUND /HISTORY: Aspen Hills, Church has existed in Eagan for two years and has recently held its services in the Dakota Civic Theater space in the Yankee Square shopping center. The church was notified on August 10, 1994 that the theater would be closing and they must find a new location. They are requesting permission to use the building at the southeast intersection of Lone Oak Road and Lexington Avenue. In December 1989, the City approved a Special Permit to allow the Church of St. Thomas Becket to temporarily hold its services in the building and did so until occupying their new building along the west side of Highway 3 earlier this year. The building was originally constructed in 1977 for St. John Neumann Church and was also previously occupied by a Montessori School. The reason the Interim Use Permit process is now being used is that a date of termination can be required. Special Use Permits and Conditional Use Permits run with the land and have no time of termination as long as all the conditions of approval are being met. Under state law, Special Use Permits and Conditional Use Permits are one and the same and the Interim Use legislation did not become effective until 1990. Prior to 1990, there was no means available to regulate zoning on a time specific period. EXISTING CONDITIONS; The site is flat and does not contain any significant vegetation. The 4,500 sq. ft. building is brick and is in good condition. No building or grounds improvements are being proposed by the owners, Opus Corporation, as a result of the proposed use change. The existing parking lot does not have concrete curb and gutter around the edges. Also, a portion of the parking lot is a gravel surface. There is no landscaping to screen the parking lot. The site currently has one driveway connection to Lone Oak Road. When the City and County upgraded Lone Oak Road during the summer of 1994 under City Project No. 610A, the project provided a new driveway opening to the site. $URROUNIING USES: The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Crate Prospects; Light Industrial; Light Industrial South - Single family home; Agricultural; Light Industrial East - Lone Oak Business Center; Light Industrial ; Light Industrial West - the undeveloped Eagandale Center Industrial Park #9; Planned Development; Planned Development -Light Industrial /S� EVALUATION OF REQUEST: 1. Compatibility with surrounding area: The Lone Oak Road /Lexington Avenue intersection was improved earlier this year and addition of a semaphore has vastly improved what was one of the busiest unimproved intersections in Dakota County. The church's off -peak traffic also lessens the burden on the intersection. The Light Industrial zoning district allows a wide range of uses from rather intense manufacturing to office buildings. The surrounding uses are not very intense and should not adversely affect the proposed use, especially with the church's heaviest use on Saturday night and Sunday morning. This comer site also provides a much desired visibility. 2. Site Plan: The site is approximately 4.6 acres and existing parking is located in the northeast portion of the site. Aspen Hills Church has 120 members and the site has parking for at least 63 vehicles. City Code will allow 220 seats in the church. This should provide for future growth, especially since there are two services - one on Saturday night and the other on Sunday moming. Grading/Wetland: A minimal amount of grading would be needed to upgrade the parking Tots to City standards. There are no wetlands on the site. Parking Lot: The parking lot currently does not have concrete curb and gutter and the asphalt surface needs repair. It is the City's standard procedure to require that parking lots be brought up to current standards, i.e. concrete curb and gutter with an asphalt or concrete surface. This is a policy decision that needs to be addressed by the Advisory Planning Commission and City Council whether or not this standard should be required with an Interim Use Permit. Storm Drainage/Water Quality: This site is located in drainage basin E. The runoff generated from this site eventually drains to Pond EP -1, a designated nutrient trap in the Eagan Water Quality Management Plan. With the upgrading of Lone Oak Road, a storm sewer line was extended to the northwest comer of this site. Therefore, a minor amount of storm sewer construction would be needed to provide a drainage system that would serve the parking lot on this site. Currently, storm water runoff from this site drains overland off the site to the adjacent streets or properties. It is the City's standard procedure to require that storm sewer improvements be made to bring the property up to current standards. This is a policy decision that needs to be addressed by the Advisory Planning Commission and City Council whether or not this standard should be required with an Interim Use Permit. r s7 Utilities: The existing building is currently connected to City sewer and water. The existing hydrants on Lone Oak Road will provide adequate fire protection to the site. SUMMARY /CONCLUSION. The original building on this site was built to be used as a church and uses changed several times over the years. The off -peak traffic generated by a church helps alleviate the congestion of the Lone Oak Road /Lexington Avenue intersection. This temporary use should not impair the long -term use of the property that is guided Industrial. A major policy decision needs to be addressed by the Advisory Planning Commission and City Council as to whether both storm sewer and parking lot improvements should be required with an Interim Use Permit. Opus Corporation, the landowner, has submitted the attached letter stating their opposition to these improvements. ACTION T() BE CONSIDERED. To approve or deny the Interim Use Permit to allow Aspen Hills Church to occupy the existing building on Lots 1 -5, Block 5, Eagandale Center Industrial Park #3 subject to: 1. The permit being recorded with Dakota County within 60 days of Council action with docurnentation provided to the City and the permit shall terminate three years from the date of City Council action. 2. The parking lot shall be upgraded to City standards with concrete curb and gutter around the edges and bituminous or concrete surfacing over the entire lot. 3. The upgraded parking lot shall include a storm sewer system to collect the runoff from the parking lot and convey the water to the City's existing storm sewer system. 4. A landscape plan shall be submitted with emphasis on screening the parking lot. t c, ZONING rnKAPPPHIFNMIVF PLAN LOCATION 1 T ' 0 ~— s .:�,. - — - -- \- I - - -i- _' 1 ._ \ -I PA K PC 1 \ 1 Liik/ Col :3 `` �= - �► 1� 1 -, .I I I fi -d 4 II II / / i / is . .. � 1 � er r1t� • �/ if • _ - ,. t 1 1 s — - _ � / i /SJ/ _ - A' \``° 1 I I 1 N„,-,-- ...\,1), , i li , ,-,,,,,,„„ - - ..., ,, , ,,, 4 1 ii ,,,, , . , 111 1 I vr, pd \tl altrii 1 �/A I � I \I' r• •- _PABK;NG 15 -4- VIII , /1 C 1)1 — ■ 10/1/1 ,.. 1 , .\ It --'� / l► -! __ --=" 1 --c = - - - t - • \ \ 1 1 ► i 1 c` — .�` \ �41; n t` •∎ \ 1 _ �" \ 1 7 11//1 / 1 (1 -1" t / �Jf I le 1 J 111 I _� 1 / 1 W � \ � 111'11\1 \ \ \1�1 \\\ \ x (11 11 D,o\� \ \ \o \ (1 _ t�� \ \I, rN r y II 1 11 11 11 1 1 1 PIZ £X,tr ./as -- `afs - - - - SITE PLAN ASPEN HILLS CHURCH -- l74 --, - - - -- - - - -- - - - - - 7 � -^ �- - - - - - -- a- -- -, / // /�^ _ i : / �� i eyi 1 • ��^ lis •� 1 / / / /// / / j iii ^ —��` 1 ( 1 // 0 ./ / / / I t I I 1 / / / I i //ii �� , i 1:11 WI 1 I I I1 I 1 1 1 1 /i/ e. �. / / / / i , /i 1 1 1 1 1 1 / � / / I j i; / j j 1 1 1 1� 1 j / // \ / I I � ��I I �I 1 ljl11��' / / 11 1 I /111 � �i�l�� I �jl 1' \ 11 i i 1 111 1 I i / 1 Io 11111 1111 1111 \ 1 � / 1 I 1 / 1 1 11 111 11 \ 1 I /� 1 1 1 1 I 1 111111 I 1111461 \ 1 1 1 1 111 t 1 1 � ` I hhIi1 �� \ 1 1 1 1 1 I I I 1 1 \ 1 1 1 1 1 1 1 1 \�\ \\� ti 1 j1 \ 4 I � ■ % � �‘ -.. 1 i , j ; 1 1 1 `Its \ \ � 1 I ■ 1` 1 �. �`� • • �, Ito 4 1 1111 1�. 1 1 \t i 1 fir` ■ \ 1 1 I" . ■ 1\ ` \•\• \\ \\ • 1 i 1 r,` I x1 \ \�, ` ♦♦ ■ \ t • MUST. BLDG. % % • � `\ � �+ ' 1 1 bb :... • \ • 1 FLOOR ELEV. 1 • \ \ I j \ 1 \ \ ♦ � � ♦ ` %.„ � ♦ , � 1 1184.0 • • • 1 • • I . . • • i :. �.� -�- -w `� -�� +te 1 I I \ \\ ` ▪ ` � � ` ` � % %` `%,� 1 11 111 • �� _ 1 `. • ♦ � � + 1 111 s. � ,� �. ♦ �� 1 11 j 1 �� • �. l ',4� ••. 1 1 I11 11 N. • 1 11 1 . • `..� `. 1 1 i i • • \` 1 111 •�r i 1 1 I j 1 1 ' I 1 1 / %.„........_.." ' 11 1111 1 -r ^ • ��N�� ^�� .- __ moo. � �..... -- -- c ..l -1 --- moan - am i I St i..... t— l an s t- a math LEXINGTON AVENUE 7 - -- - F.0 z j r G7 1 >'C. I7" .l III7C , L I- FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF EAGAN LEODC 47 W eft MOWN rte.... . ale. me MO11 vTMAIM 1olo.g1 O 101.11 •? MTAT10M rgmre 0 OT011Y PC V01 ♦ .. ♦ ♦ MUM MUM - - .0110 NORMAL warn Lha . . . .. . 9000 POMO ZOOM STATp Ltt[L • 900.0 0V0.A10 ORAOIA01 ROVTf OPUS. September 26, 1994 Ron Voracek, Chair City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 SUBJECT: INTERIM USE PERMIT ASPEN HILLS COMMUNITY CHURCH Dear Mr. Voracek: This letter is to voice our support for the issuance of an Interim Use Permit for the Aspen Bills Community Church at the 1080 Lone Oak Road :location. This lease transaction between Opus Corporation and the Church is temporary in nature and of only a one -year duration with possible month -to -month extensions. Opus Corporation intends to continue to market this site to an industrial user. It is our understanding that some discussion has occurred concerning improvements to the parking lot. This is a surprise as the former church, St. Thomas- Becket operated for a number of years with the parking lot as it is now. Any such improvements required would need to be passed on to the Church, as Opus has entered into this temporary lease in an effort to provide a community service with only operating expenses and taxes paid by the Church; no rent is paid. Due to the temporary nature of this transaction, the expenditures to improve the lot would not be economically feasible or practical for either Opus or the Church. We request that you issue the Interim Use Permit without subjecting the permit to any requirements that would necessitate financial resources which are unavailable for this transaction. Thank you for the opportunity to voice both our support and concerns regarding this permit. Please feel free to contact us with any questions or comments you may have. Sincerely, e A. Kimble anager Real Estate Development JAK:bb CC: Pastor Bruce Konold Jim Sturm I■0u4 ..b.,. J...d.... 800 Opus Center 9900 Bien Road East Minnetonka, Minnesota 55343 -9600 612 - 936 -4444 Fax 612-936-4529 Mailing Address PO Box 150 Minneapolis, Minnesota 55440 -0150 Opus Corporation is an affiliate of the Opus group of companies — Architects. Contractors, Developers Austin. Chicago. Dallas, Denver. Houston. Mihvayloor Minneapolis, Pensacola. Phoenix, Seattle Tampa Agenda Information Memo October 4, 1994 City Council Meeting INTERIM USE PERMIT /STEININGER RECYCLE G. Interims Use Permit, Steininger Recycle, Inc., to allow recycling of concrete along the south side of Yankee Doodle Road, west of Highway 149 -- Steininger Recycle, Inc. is requesting approval of an interim use permit for a two year period to allow a concrete recycling processing and stockpiling in a light industrial district located west of Highway 149, south of Yankee Doodle Road. The manufacturing compounding assembly packaging treatment or storage of materials such as cement, concrete, brick, etc. is only permitted in an I -2 district. This recycling operation is considered a temporary use until this property is developed as an I -1 use. The Advisory Planning Commission conducted a public hearing on this item at its meeting of September 27, 1994. The major issue focused on Condition #3 in the staff report requiring execution of a waiver on objection to assessments for Yankee Doodle Project 638R. Although Steininger Recycle, Inc. is requesting this permit, the permit will actually be granted to the property owner, Gopher Smelting & Refining. Gopher Smelting & Refining is objecting to this condition of the waiver. Waivers such as this have been a requirement of development in other situations. Staff is compiling examples for the Council meeting. The issue is whether there is a reasonable nexus between granting of the interim use permit and the roadway improvement to justify the waiver. It was the belief of staff that this use of the property does generate heavy traffic loads on Yankee Doodle and it is this type of industrial activity in the general area that is in part requiring the upgrading of this roadway. Enclosed on pages hrough &are copies of the Planning Commission minutes and the Community Development Department staff report relating to this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an interim use permit for Steininger Recycle, Inc., to allow concrete recycling and stockpiling in a light industrial district located west of Highway 149, south of Yankee Doodle Road, subject to the six conditions set forth in the staff report. PAGE 5 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 INTERIM USE PERMIT STEININGER CONSTRUCTION Voracek opened the next public hearing of the evening regarding a Interim Use Permit to allow recycling of concrete in a 1 -1 (Light Industrial) district located on P.I.D. #10- 01300 - 012 -26 along the south side of Yankee Doodle Road west of Highway 149 in the north half of Section 13. City Planner Sturm introduced this item. Mr. Sturm highlighted the information presented in the City staff's planning report dated September 15, 1994. Sturm noted the background and history of the proposed use, the subject property's existing conditions, compatibility with the surrounding area, and the proposed site plan. Mr. Sturm specifically noted that with the Yankee Doodle Road improvement scheduled for 1995 and future West Publishing expansion, the use may become more visible and thus not as a compatible with the surrounding area. He further noted that following the Yankee Doodle Road improvements, it maybe appropriate to require a 150 foot paved entrance to help eliminate mud from being carried off site to the newly surfaced road. Sturm further stated that the interim use permit is proposed to be for two years. Sturm further noted that the owner of the property, Gopher Smelting and Refining Corporation objected to Condition No. 3, which requires the owner to execute a waiver of objection to assessments for the Yankee Doodle Road Improvements. The applicant was not present at the hearing. Member Isberg inquired with staff as to the reasoning for Condition No. 3 to which Mr. Sturm advised the Commission that the anticipated Yankee Doodle Road improvements will serve the subject site to function efficiently and effectively and thus benefit from the improvements. In response to an inquiry by the Commission, City Attorney Dougherty stated that the approval of an interim use permit is a zoning question and thus the City Council may place whatever conditions it deems necessary upon such approval. Dougherty further advised that interim use ordinance provides that a condition of issuance of an interim use permit may be that the permit holder agree to any conditions that the Council deems appropriate. Discussion ensued regarding Condition No. 3. In response to Member Isberg's inquiry, Sturm advised that the fencing requirement stated in Condition No. 3 shall occur immediately. Member Segal stated that he would vote against the recommendation to approve the interim use permit if Condition No. 3 remained as a condition of the permit. PAGE 6 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 Member Merkley moved, Heyl seconded, a motion to approve the Interim Use Permit to allow recycling of concrete in a 1 -1 (Light Industrial) district located on P.I.D. 010- 01300 - 012 - 26 along the south side of Yankee Doodle Road west of Highway 149 in the north half of Section 13, subject to the following conditions: 1. The permit shall be recorded with Dakota County within 60 days of Council action and terminate two years from the date of Council approval. 2. Safety fencing shall be required at the top of all steep hillsides. 3. The owner of the property shall execute a waiver of objection to assessments for Yankee Doodle Road, Project 638R, with proof of recording to the City within 60 days of Council approval. 4. Dust control procedures shall be utilized. 5. The hours of operation shall be limited to 7:00 a.m. - 7 :00 p.m.., Monday through Saturday. 6. A 150' long bituminous driveway shall be installed at the time of the Yankee Doodle Road improvement. All approved in favor, except Member Segal who opposed. Segal noted that he did not oppose the proposed interim use but the Condition No. 3 as a condition of the permit. AUTHORITY FOR • VIEW: City Code Section 11.20 Subd. 2 states: PLANNING REPORT CITY OF EAGAN REPORT DATE: September 15, 1994 CASE #: 13- IN -28 -94 APPLICANT: Steininger Construction HEARING DATE: September 27, 1994 PROPERTY OWNER: Gopher Smelting & PREPARED BY: Jim Sturm Refining Corp. REQUEST: Interim Use Permit LOCATION: Parcel 012 -26 North 1/2 Section 13 COMPREHENSIVE PLAN: Ind (Industrial) ZONING: PD/ I -1 (Planned Development/Light Industrial) SUMMARY OF REQUEST: Steininger Construction requests approval of an Interim Use Permit for a two year period to allow a concrete :recycling processing and stockpiling facility in a Light Industrial district located west of Highway 149 south of Yankee Doodle Road. Interim Use Permit: The definition of an Interim Use is: "A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it." The permit itself may be terminated by a change in zoning regulations or wiith a date specified by the Council. An Interim Use Permit is subject to annual review; however, does not have to be heard before the Advisory Planning Commission and City Council. The City Council may issue Interim Use Permits for an interim use of property if : A. the use is not already a permitted or conditional use under the zoning regulations. B. the date or event that will terminate the use can be identified with certainty. C. permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. D. the user agrees to any conditions that the Council deems appropriate for permission of the use. 1 (€9 BACKGRQUND/HISTORY: The applicant initially received a Special Use Permit for this use in July 1989 and had subsequent approvals in 1990, 1991, 1992, and 1993. The City did not adopt the Interim Use Permit process until 1990. That process has since been used to allow the compost operation across Yankee Doodle Road north of Elrene Road. The reason the Interim Use Permit is now being used is that a date of termination is required. Special Use Permits and Conditional Use Permits run with the land and have no time of termination as long as all the conditions of approval are being satisfied. Under state law, Special Use Permits and Conditional Use Permits are one and the same and the Interim Use legislation did not become effective until 1990. Prior to 1990, there was no means available to regulate zoning on a time specific period. The existing operation involves rubble concrete. When the concrete has accumulated to 20,000 cu. yds., a crushing plant is brought to the site to reduce the rubble to reusable Class 5 aggregate. EXISTING CONDITIONS: The site is relatively flat where the actual recycling occurs, but as a result of grading and excavating, there is a dramatic change in grade along the western portion of the property towards the City's reservoir site. There are some cliffs that appear to create a serious safety problem. Currently, there is no paved access to Yankee Doodle Road and as a result mud is carried off site. The parcel which is requesting the Interim Use Permit has a pending assessment related to the improvement of Yankee Doodle Road, Project 638R. SURROUNIDING USES: The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Gopher Smelting; Planned Development, Industrial South - West Publishing; Planned Development, Industrial East - Vacant land; trucking firm; Planned Development, Industrial West - City reservoir; West Publishing, Public Facilities, Planned Development, Industrial EVALUATION OF REQUEST: 1. Compatibility With Surrounding Area: Currently, the site is somewhat screened; however, with the Yankee Doodle Road improvement and future West Publishing expansion, this operation may become more visible and not as compatible with the surrounding area as it is today. 2. Site )Flan: The steep hillsides should have fencing on top to insure no one would fall over the cliffs. With Yankee Doodle Road being improved in 1995, it may be appropriate to require a 150' long paved entrance to help eliminate mud from being carried off -site to the newly surfaced road. IUD SUMMARY /CONCLUSION. This recycling operation has been in effect since 1989 and staff is unaware of any complaints to date. However, with the Yankee Doodle Road improvements scheduled for 1995, this use may have more visual impact on the adjacent properties. As a result, a two -year time limit may be appropriate so the impact can be evaluated after Yankee Doodle Road is fully restored. If the use is to continue, safety fencing should be required at the top of the steep hillsides that have the appearance of a cliff and a 150' long bituminous access drive should be required to keep mud from being carried off -site. ACTIONS TO BE CONSIDERED. To approve or deny an Interim Use Permit to allow concrete recycling on Parcel 012 -26 in the north one -half of Section 13 subject to the following conditions: 1. The permit shall be recorded with Dakota County within 60 days of Council action and terminate two years from the date of Council approval. 2. Safety fencing shall be required at the top of all steep hillsides. 3. The owner of the property shall execute a waiver of objection to assessments for Yankee Doodle Road, Project 638R with proof of recording to the City within 60 days of Council approval. 4. Dust control procedures shall be utilized. 5. The hours of operation shall be limited to 7:00 a.m. - 7:00 p.m. Monday through Saturday. 6.. A 150' long bituminous driveway shall be installed at the time of the Yankee Doodle Road improvement. ZONING GUIDE PLAN STEINING ER 011011 VIII M. ao.Nt, 411 0000L1 01040 CC 400011 OUTLOT 9 NEST PUBLISHING C, M Iwo 000'4! Oar hoer Re OUTLOT 0 .100 110 MO 411 1 prim PART OF OUTLOT E ( 73 PART OF OUTLOT E w STEININGER • 0 3 f„ ' l • . t.ri` 40 CO 110 110 101 WUXI 11040 �O \L Y _nw4 • (NDU$�TRie 041 - AREA MAP September 16, 1994 dim Sturrn City of Eagan City Planer -: 3830 Pilot Knob Road Eagan, MM 55122 -1897 RE: WAIVER OF OBJECTION PROJECT 638R Dear Mr. Strum; Gopher Smelting & Refining Company (GSR) will not agree to the W required by the City of Eagans'.Condition 012 -26. alver of Objection We would very much like to see Steininger Construction Company continue it concrete recycling operations on our property but we can not give up the possibil' of the assessments for Yankee Poodle Road.Y of objection 1 am sure you understand our position on this matter and if I can answer questions in regards to this issue please do not hesitate to call 454 -3310. any further • : - iOINEA SMELT1N6 i IEfININ6.COMPANT 3315 SOUTH -WT. 149 EA6AN.MM 55121.23! NONE ti12.4S(33 fAX X12.454.7, 1.IOi.351.I131 - Agenda Information Memo October 4, 1994 City Council Meeting CONDITIONAL USE PERMIT /STEININGER CONSTRUCTION H. Conditional Use Permit, Steininger Construction Co., Inc., to allow outdoor storage of construction equipment at the northwest intersection of Mike Collins Drive and Aldrin Drive—Steininger Construction Co., Inc., is requesting a conditional use permit for the outdoor storage of construction equipment at the northwest intersection of Mike Collins Drive and Aldrin Drive. A site plan for the improvements on this site was also included with the conditional use permit. The Advisory Planning Commission conducted a public hearing on this item at its meeting of September 27, 1994. There were no issues. The Commission recommends approval of the conditional use permit and site plan subject to the nine conditions set forth in the staff report. Enclosed on pages r11. through `O are copies of the Planning Commission minutes and the Community Development Department staff report regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for outdoor storage and site plan for Steininger Construction Co., Inc. on Lots 14 -16, Block 3, Eagandale Center Industrial Park #4 located at the northwest intersection of Mike Collins Drive and Aldrin Drive subject to the nine conditions set forth in the staff report. v?( PAGE 7 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 CONDITIONAL USE PERMIT AND SITE PLAN STEININGER CONSTRUCTION Voracek opened the next public hearing of the evening regarding a Conditional Use Permit and Site Plan to allow outdoor storage of construction equipment on Lots 14 -16, Block 3, Eagandale Center Industrial Park #4, located at the northwest intersection of Mike Collins Drive and Aldrin Drive in the SE; of Section 11. Project Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff's planning report dated September 19, 1994. Mr. Ridley noted the background and history of the proposed use, the existing conditions of the subject property, the surrounding uses and compatibility therewith, compliance with the outdoor storage performance standards, the site plan, and the tree preservation, storm drainage /water quality and utility plans. Mr. Ridley specifically noted that the existing development (A & H Cartage) located in the southwest corner of Aldrin Drive and Mike Collins Drive was allowed to fill a wetland on their site provided that they expand the existing wetland located on the subject site. Ridley further noted that A & H Cartage has not created this new wetland and as a condition of the conditional use permit the construction of the wetland expansion shall be required prior to or at the time of the development of the subject property. Member Wallace noted that the area is zoned industrial and thus the proposed use is suitable for the subject property. Member Miller moved, Isberg seconded, a motion to recommend approval and Site Plan to allow outdoor storage of construction equipment on Lots 14 -16, Block 3, Eagandale Center Industrial Park #4, located at the northwest intersection of Mike Collins Drive and Aldrin Drive in the SE; of Section 11, subject to the following condition: 1. The applicant shall have the Dakota County Auditor combine the three lots within sixty days of City Council action. 2. The applicant shall record this Conditional Use Permit at the Dakota County Recorder's office within sixty days of City Council action. 3. The applicant shall properly maintain the parking area and premises. 4. The applicant shall expand the existing wetland by 3,425 square feet with an average depth of four feet below the normal water level. PAGE 8 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 5. The applicant shall protect the existing wetland with an area of 6,000 square feet. 6. The proposed parking lot shall drain to a proposed catch basin that drains to the new wetland that will be located on the west edge of the site. 7. A storm sewer outlet that connects to the existing storm water in Aldrin Drive shall be provided for the wetland located on the west edge of the site. 8. The sanitary sewer service shall include a manhole at the right -of -way line of Mike Collins Drive. 9. The driveway connection to Aldrin Drive shall be constructed with a concrete apron with a minimum width of 30 feet. All approved in favor. SUMMARY OF REOUEST AUTHORITY FOR REVIEW PLANNING REPORT CITY OF EAGAN REPORT DATE: September 19, 1994 CASE #: 11- CU- 14 -8 -94 APPLICANT: Steininger Const. Co. HEARING DATE: September 27, 1994 PROPERTY OWNER Martin Steininger PREPARED BY: Mike Ridley REQUEST: Conditional Use Permit (Outdoor Storage) & Site Plan LOCATION: SE 1/4 of Section 11 COMPREHENSIVE PLAN: Industrial (IND) ZONING: Light Industrial (L1) Steininger Construction Company, Inc. is requesting approval of a Conditional Use Permit (CUP) to allow outdoor storage of construction equipment and a Site Plan on Lots 14 -16, Block 3, Eagandale Center Industrial Park No. 4, located at the northwest intersection of Mike Collins Drive and Aldrin Drive. City Code Section 11.40, Subd. 4, 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: 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. 04? PIanning Report - Steininger CUP September 27, 1994 Page 2 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. OUTDOOR STORAGE CRITERIA On November 19, 1991, the City Council adopted the following Standards for Outdoor Storage: a. Outdoor storage items shall be placed within an enclosure. b. All such enclosures shall be attached to the principal building except in the Limited Industrial District. c. The enclosure shall be made of material suitable to the building and the items to be stored. d. The enclosure shall not encroach into any established front building setback area or other required setbacks. e. The enclosure shall not interfere with any pedestrian or vehicular movement. f. The items to be stored shall not exceed the height of the enclosure. g. The display area shall not take up required parking spaces or landscaping areas. h. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. 1. The square footage of outdoor display areas shall be included in the calculation of required off- street parking for the principal use of the property. 171 Planning Report - Steininger CUP September 27, 1994 Page 3 BACKGROUND/HISTORY Eagandale Center Industrial Park No. 4 was platted in 1970. Lots 14 -16 are each 100' wide and approximately 3/4 acre in size. No other development proposals have been made on this property. EXISTING CONDITIONS The majority of the site is relatively flat; however, there is a wetland area in the western portion of the site. This wetland needs to be enlarged slightly as a mitigation to wetland fill on property developed by A & H Cartage. There are woodland masses around the northern portion of the wetland and generally in the central portion of the site. SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North - Undeveloped; zoned and guided Industrial South - A & H Cartage; zoned and guided Industrial East - Opus Corporation storage yard; zoned and guided Industrial West - Undeveloped; zoned and guided Industrial EVALUATION OF REQUEST The requested outdoor storage of equipment will be a component of a proposed 5,100 s.f. office and shop the Steininger's plan to build next spring. The proposed development will actually only disturb approximately one half of the entire site. Future expansion, if necessary, will be accommodated to the north. Conditional Use Permit The CUP requested at this location substantially meets each of the findings listed and the storage area proposed meets all of the outdoor storage standards. Site Plan Setbacks - The proposed building and parking areas meet all of the Light Industrial district setbacks. 1 80 Planning Report - Steininger CUP September 27, 1994 Page 4 Tree Preservation Policy - The Tree Preservation Plan submitted is acceptable. The site development will impact less than the Policy allowed 30% of the trees on site. Grading/Wetlands - The preliminary grading plan submitted with this application shows that the southerly one -half of the site will be disturbed by the grading required to prepare the site for the proposed building and parking lot. The maximum cut shown is 3 feet and the maximum fill is 3 feet. There is an existing wetland with an area of 6000 square feet located along the west edge of the site. The existing wetland contains willow trees and the developer does not propose to disturb the wetland. The existing development (A &H Cartage) located in the southwest corner of Aldrin Drive and Mike Collins Drive was allowed to fill a wetland on their site provided that they expand the existing wetland located on this subject site. A &H Cartage has not created this new wetland area yet; however, this wetland expansion should be constructed prior to or at the time of development of the subject site. The new wetland area is shown to have an area of 3,425 square feet with an average depth of four feet below the normal water level. Storm Drainage /Water Ouality - The Storm Drainage Plan submitted is acceptable. The storm water runoff from this site will be conveyed to the existing storm sewer system on Aldrin Drive which drains to Pond EP -2. As shown on the preliminary drainage plan, the proposed parking lot will drain to a proposed catch basin that will discharge into the new wetland area. The wetland will act as a flood control pond and a water quality treatment basin. The applicant is also proposing to provide a 12 -inch storm sewer outlet for the wetland and the 12 -inch line will connect to an existing catch basin on Aldrin Drive. Utilities - With minor modifications, the Utility Plan submitted is acceptable. An existing 15" RCP sanitary sewer line is located in Mike Collins Drive and a 6 -inch sewer service has been provided to the center of this site. The developer should construct a manhole over the existing 6 -inch sewer service at the connection to the existing stub. The manhole will serve as an inspection and monitoring manhole for the City. A 16" DIP watermain is located on the west right -of -way line of Mike Collins Drive. The preliminary utility plan shows that the developer intends to connect to the 16 -inch line and extend a 6 -inch watermain up to the proposed building. The existing hydrants on Mike Collins Drive and Aldrin Drive will provide adequate fire protection to the proposed building. Access/Parking Lot Design - A single access off of Aldrin Drive is proposed to serve the site. The driveway opening shall be a minimum of 30 feet wide and shall include a concrete apron at the connection to Aldrin Drive. The proposed parking lot will be required to be l8� Planning Report - Steininger CUP September 27, 1994 Page 5 constructed with concrete curb and gutter around edges and surfaced with bituminous or concrete pavement in accordance with the City Code requirements. Through the Conditional Use Permit, the City will monitor the condition of the parking lot. Normal maintenance will need to be performed on the site to keep the bituminous surface functional. Seal coating of the parking lot should be performed every five to ten years and a bituminous overlay should be added every 20 to 30 years. COMPATIBILITY WITH SURROUNDING AREA The site is located within a large industrial park. The most recent developments in the area, Field Maintenance (CUP outdoor storage) and A & H Cartage (CUP truck & freight terminal), have occurred just to the south of the subject site. The proposed use will be compatible with existing and future uses in this specific area as well as this general area of the City. SUMMARY /CONCLUSION The outdoor storage equipment area meets all of the Standards set forth, the proposed office /shop building is consistent with the LI zoning district, all setbacks and on site parking requirements are met, City services are available to serve the site, the development plan is consistent with the Tree Preservation Policy, and the proposal will be compatible with existing and future land uses in the area. The wetland on -site needs to expanded by 3,425 s.f. with a depth of four feet below the normal water level. ACTION TO BE CONSIDERED To approve /deny a Conditional Use Permit to allow outdoor storage of construction equipment on Lots 14-16, Block 3, Eagandale Center Industrial Park No. 4 subject to the following conditions: 1. The applicant shall have the Dakota County Auditor combine the three lots within sixty days of City Council action. 2. The applicant shall record this Conditional Use Permit at the Dakota County Recorder's office within sixty days of City Council action. 3. The applicant shall properly maintain the parking area and premises. Planning Report - Steininger CUP September 27, 1994 Page 6 4. The applicant shall expand the existing wetland by 3,425 square feet with an average depth of four feet below the normal water level. 5. The applicant shall protect the existing wetland with an area of 6,000 square feet. 6. The proposed parking lot shall drain to a proposed catch basin that drains to the new wetland that will be located on the west edge of the site. 7. A storm sewer outlet that connects to the existing storm sewer in Aldrin Drive shall be provided for the wetland located on the west edge of the site. 8. The sanitary sewer service shall include a manhole at the right -of -way line of Mike Collins Drive. 9. The driveway connection to Aldrin Drive shall be constructed with a concrete apron with a minimum width of 30 feet. A. !nanclalObligations 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. . cements 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. pi.aps and Specifications STANDARD CONDITIONS OF PLAT APPROVAL 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. 1$4 4. A separate detailed landscape plan shall be submitted overlaici 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 H. Other 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. 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 Approved: August 25. 1987 LTS#S STANDARD.CON City Council September 15. 1987 Revised: July 10. 1990 Revised: February 2. 199;1 ins FINANCIAL OBLIGATION - 11- CU- 14 -8 -94 Lots 14, 15, 16, Block 3, Eagandale Center Industrial Park #4 There are pay -off balances of special assessments totaling $63,352.18 on the parcel for which the conditional use permit is requested. There are no pending assessments on the parcels for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the use of the property, the following charge is proposed. The charge was computed using the City's current fee schedule and connection and availability of the City's utility system. Improvement None Use Rate Quantity Amount 12 This financial obligation is presented for informational purposes and is not a condition of the issuance of the permit. (87 LOCATION ZONING GUIDE PLAN X88 LONE OAK BUSINESS CENTER CORPORATE SOUARE JOHNSON WAREHOUSE f 8� SITE AREA 55 CITY OF EAGAN FIGURE No. 17 STORM SEWER LAYOUT MAP (cl -EP-713 839.0 84 EP -2 829.0 844.0 OOIOA A�/N WORM Mona WOW • .•m... « - - - -- 0►O11r VT •TApOM WMrtI VOW N?,TAAOY rimm0 O KOMI Ma wat .0-11 80A011 OMSK* rte sir 00110 00110AL wA?al t.wa . . .. • • X00.0 = VA/p1 SIvm. • 0000 MUM! NOM Agenda Information Memo October 4, 1994 City Council Meeting CONDITIONAL USE PERMIT /LULL INDUSTRIES I. Conditional Use Permit, Lull Industries, to allow outdoor storage of equipment and materials west of T.H. 13 and north of Meadow View Road - -Lull Industries is requesting a conditional use permit to allow outdoor storage of equipment and materials and site plan approval on their 24 acre site, part of Government Lot 2, Section 9, Township 27, Range 23, located on Sibley Memorial Highway. The Advisory Planning Commission conducted a public hearing on this item at its meeting of September 27, 1994. The major issues involved the strict application of City standards for paving and curbing parking and storage areas in the case of a redevelopment project such as this. The Advis Planning ommission minutes and the staff report on this item are enclosed on pages 2rthroug� The Planning Commission recommends approval of the conditional use permit subject to the five conditions set forth in their minutes. The significant recommendation of the Commission is that the parking and storage areas serving the development should be surfaced with bituminous, but that concrete curb and gutter would not be required. It should be further noted that Lull Industries has surfaced its employee parking area with bituminous. Its staging area and overflow parking will be surfaced with recycled bituminous. In addition, there will be a temporary storage area on the site that will not be surfaced with bituminous, but covered with crushed rock. These actions meet the general intent of the APC condition. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit with a site plan for Lull Industries for outdoor storage of parts and equipment on part of Government Lot 2, Section 9, located on Sibley Memorial Highway subject to the five conditions recommended by the Advisory Planning Commission. PAGE 9 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 CONDITIONAL USE PERMIT LULL INDUSTRIES, INC. Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of equipment and materials in a 1 -1 (Light Industrial) district located on approximately 27 acres, Government Lot 2 (P.I.D. #10- 00900 - 010 -26), west of Trunk Highway 13 and north of Meadow View Road in the NW; of Section 9 and the NE; of Section 8. Project Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff's planning report dated September 19, 1994. Mr. Ridley noted the background and history of the proposed use, the subject property's existing conditions, compatibility with surrounding area, the proposed site plan. Mr. Ridley specifically noted that the employee parking area is surfaced with a bituminous overlay and the applicant is proposing to upgrade other parking areas with a bituminous or concrete surface. Ridley noted, however, that the site does not have any storm sewer facilities, requiring runoff to be conveyed by overland drainage facilities. Ridley noted that overland drainage from the subject property has caused erosion problems at one point along the west edge of the property. Ridley further stated that City Code requires that all storage areas and parking areas for more than four vehicles to be constructed with bituminous or concrete curb and gutter edging. Ridley advised that the applicant is opposed to surfacing one of the storage areas. Mr. Ridley further advised that upon expansion of the buildings on the subject property, a watermain system with hydrants will be required to comply with the 300 feet code standard for hydrant to building fire protection. Ridley concluded that the proposed use substantially complies with the performance standards of a conditional use permit with the exception of the surfacing requirement. Jim Wisnoski, the Vice President of Operations of Lull Industries was present as a representative of the applicant. He advised the Commission of the history and a brief overview of Lull Industries. He stated that the applicant has no objections to the long -term improvements with a three -year phase process. He stated, however, that the applicant objected to the curb and gutter requirement for parking surfaces. He advised that unless an Environmental Impact Study shows a need for the curbing, the requirement would not be acceptable to the applicant. He further advised that the applicant has no objections with respect to the requirement for installation of fire hydrants upon any building expansions, proposed for 1995. Member Merkley inquired with engineering staff as to the subject property's drainage and any detriments thereof to the Minnesota River. John PAGE 10 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 Wingard, City Design and Development Engineer explained to the Commission the storm drainage pattern with respect to the subject property. Wingard noted that although runoff drains into a ditch system adjacent to State Highway 1:3, the water then travels into an eroded system, causing erosion problems on private property. In response to Member Merkely's inquiry, Wingard explained that drainage from the south side of the property drains overland eventually to the Highway 13 ditch system. Wingard noted that Water Body CP -9 needs protection because it has recently classified from a nutrient basin to a recreational body of water. Wingard stated that all drainage from the subject property drains towards CP -9. Community Development Director Reichert advised the Commission that Water Resource Coordinator Brasch is comfortable with the overland drainage pattern because most pollutants will filter out before the runoff leaves the applicant's property; however, there is an issue of erosion on properties other than the subject property. She further advised that Condition No. 4 of the conditional use permit addresses the immediate drainage problem near the site, i.e. the erosion caused by overland drainage. In response to Member Isberg's inquiry, Reichert further advised that Condition No. 4's requirement that the applicant submit a status report of the site conditions and overall plan for handling storm drainage erosion problems is to follow up on the issue of whether their proposed improvements to the property will alleviate the current overland drainage erosion problems. The Commission further discussed setting a specific date for compliance with Condition No. 2. Member Heyl inquired with the City staff as to its position whether Condition No. 5 is absolutely necessary. Ridley advised that the decision not to require the lot surfacing and storm sewer system improvements would deviate from City policy requiring those improvements with redevelopments. He further stated that removing Condition No. 5 will simply retain the status quo of the subject property. Ridley stated that requiring Condition No. 5 would put a financial burden on the applicant. Community Development Director Reichert added that the purpose of requiring asphalt or concrete surface to parking areas is to address water quality, dust control and aesthetic concerns. She advised that the requirement for curb and gutter is to further the City's objective in maintaining storage or parking areas to a defined area (to avoid "creeping" of storage or parking into other areas). She further stated that curb and gutter is for proper storm water channeling and concrete lasts much longer than bituminous. She advised the Commission that in her opinion, because Lull is paving most areas, aesthetics, dust control and water quality concerns are not at issue here and therefore curb and gutter should not be required at this time. Member Miller stated his concerns that PAGE 11 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 other businesses in the area and similar to the applicant were required to install curb and gutter even though they would have preferred not to. Member Isberg stated that economic concerns of the applicant should not be a factor to the issue of requiring Condition No. 5 or not. Member Isberg stated that instead the requirement should be tied to Condition No. 4, that being if the applicant does not address the storm water drainage issue with its proposed improvement shall be reported in its report under Condition No. 4 then Condition No. 5 should be required. Member Miller stated that aesthetics is an issue for the subject property although dust control and water quality may not be. The applicant's representative clarified for the Commission that the three areas of the subject property in question are the test track, the short term inventory storage area and the parking lot. He explained that with respect to the test track, no pavement can be required because the test track must be of material appropriate to test the construction equipment that it manufactures. With respect to the inventory storage area, the representative stated that the area is only temporary and the applicant :intends to eventually expand its building into the inventory storage area. He further advised that the surface of the storage area is proposed to be a crushed rock base, noting that the type of equipment stored makes an asphalt surface impractical due to its inability to hold the heavy odd - shaped equipment. Chairman Voracek suggested that the issues in Conditions No. 4 and 5 be addressed together in October of 1995, upon the receipt of the applicant's storm drainage report. Voracek added that at that time the City may wish to have a comprehensive review of the drainage issue for the area rather than just the subject property. Member Miller concurred with Voracek but suggested that Condition No. 5 be required with respect to the surfacing requirement but eliminate the curb and gutter requirement. Wallace moved, Heyl seconded, a motion to recommend approval of the Conditional Use Permit to allow outdoor storage of equipment materials in a 1 -1 (Light Industrial) district located on approximately 27 acres, Government Lot 2 (P.I.D. 110- 00900 - 010 -26), west of Trunk Highway 13 and north of Meadow View Road in the NW; of Section 9 and the NE; of Section 8 subject to the following conditions: 1. The applicant shall record this Conditional Use Permit at the Dakota County Recorder's office within sixty days of City Council action. 2. The applicant will be required to construct a watermain system with hydrants that are spaced within 300 feet of the buildings to improve fire protection to the site immediately upon the first of any building expansion. PAGE 12 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 3. The applicant shall properly maintain the parking and storage areas. 4. The applicant shall prepare a status report of the site conditions and an overall plan for handling storm drainage erosion problems for the Advisory Planning Commission review in October 1995. As a result of this review, additional conditions may be imposed by the City Council. 5. The parking and long -term inventory storage area serving this development shall be surfaced with bituminous or concrete pavement in accordance with City Code requirements. All approved in favor. S0t REPORT DATE: September 19, 1994 CASE #: 9- CU- 18 -9 -94 APPLICANT: Lull Industries, Inc. HEARING DATE: September 27, 1994 PROPERTY OWNER Same PREPARED BY: Mike Ridley REQUEST: Conditional Use Permit (outdoor storage), Site Plan LOCATION: NE 1/4 Section 8 and NW 1/4 Section 9 COMPREHENSIVE PLAN: Industrial (IND) ZONING: Light Industrial (LI) ,SUMMARY OF REQUEST AUTHORITY FOR REVIEW PLANNING REPORT CITY OF EAGAN Lull Industries is requesting a Conditional Use Permit (CUP) to allow outdoor storage of equipment and materials and Site Plan approval on their 24 acre site, Part of Government Lot 2, Section 9, Township 27, Range 23, (PID# 10- 00900 - 010 -26), located 3045 Sibley Memorial Highway. City Code Section 11.40, Subd. 4, 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: 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. Planning Report - CUP September 27, 1994 Page 2 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. OUTDOOR STORAGE CRITERIA On November 19, 1991, the City Council adopted the following Standards for Outdoor Storage: a. Outdoor storage items shall be placed within an enclosure. b. All such enclosures shall be attached to the principal building except in the Limited Industrial District. c. The enclosure shall be made of material suitable to the building and the items to be stored. d. The enclosure shall not encroach into any established front building setback area or other required setbacks. e. The enclosure shall not interfere with any pedestrian or vehicular movement. 1~ The items to be stored shall not exceed the height of the enclosure. g. The display area shall not take up required parking spaces or landscaping areas. h. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. i. The square footage of outdoor display areas shall be included in the calculation of required off -street parking for the principal use of the property. Planning Report - CUP September 27, 1994 Page 3 BACKGROUND/HISTORY The main building was completed in 1957. As best as staff can identify, outdoor storage has been part of operations at this location since the site developed; however, a CUP for this storage was never acquired. Lull Industries is the largest manufacturer of rough terrain telescoping boom forklifts in North America. EXISTING CONDITIONS The 24 acre site contains several wooded areas and a grade drop of approximately 50' from southeast to northwest. The site has one main plant building, several accessory buildings, steel storage area, equipment test track, and employee parking. The main building is approximately 63,000 s.f. The accessory buildings total an additional 23,000 s.f. and are used for general storage, welding shop, and paint shop. SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North - Undeveloped; zoned and guided Industrial. South - Eagan Transport; zoned and guided Industrial. East - Highway 13 /McCarthy Ridge Subd.; zoned and guided Single Family. West - Under developed -Tripp Oil, gravel /dirt storage, SF home; zoned and guided. Industrial EVALUATION OF REQUEST Conditional Use Permit In response to the City's concerns about existing and proposed outdoor storage and site conditions, Lull Industries has provided a proposed phased approach to updating site conditions and plant operations as part of this outdoor storage CUP application. Operation improvements include reconditioning the Test Track, setting up a Sales Demonstration area, constructing a 36,000 s.f. Assembly Building, and an expansion of the existing Paint Shop. These improvements are planned between the fall of 1994 and late spring 1997. Planning Report - CUP September 27, 1994 Page 4 The CUP application proposes four outdoor storage areas: 1. Staging Area. Storage of fork carriages, forks, tires, rims, and attachments, paved with asphalt. 2. Steel Rack Area. Centralized storage of raw steel, paved with asphalt. 3. Excess Inventory Area. Short term storage of excess weldments, steel component parts, and obsolete inventory inherited with site acquisition, surfaced with crushed rock. 4. Finished Product Area. Staging area for ready to ship product, surfaced with asphalt. Preparation and upgrade of these storage areas is planned for 1994. Compatibility with Surrounding Area - The land use is compatible with the surrounding area. Except for the nonconforming single family home to the west, the site is completely surrounded by industrial uses and /or industrial zoned and guided land. Portions of the 24 acre site are visible from Highway 13 and Lull Industries is committed to upgrading the overall appearance. Due to the topography, much of the site is not visible and has no impact on neighboring properties. Site Plan Parking Lot Design /Storm Drainage - In August, the applicant upgraded the existing parking along the east side of the building with a bituminous overlay and is proposing to upgrade other parking areas on site with a bituminous or concrete surface. The site currently does not have any storm sewer facilities. The runoff is all conveyed by overland drainage facilities. The City has received complaints from the property owner west of the Lull Industries site. There is a lot of overland runoff that drains westerly through the ditch system along Meadowview Road. The runoff from the businesses along Meadowview Road drain to this ditch system and then the ditch system drains across private property. An existing 48" storm sewer system that outlets onto the Lull property is located along the north edge of the site. The runoff travels overland across the Lull property and then across the Fort Snelling property which has caused some erosion problems in this area. The northern half of the Lull site currently drains overland to this drainage ditch system. This site is located in two drainage districts. The storm water runoff generated from the Planning Report - CUP September 27, 1994 Page 5 south half of the site is in drainage basin C and this runoff will discharge to Pond CP -8, which is a sediment basin. The north half of the site is in drainage basin D and this runoff will drain overland to Fort Snelling State Park. In August of 1991, the City conducted a public hearing to propose upgrading Meadowview Road to an urban section with concrete curb and gutter and a storm sewer system. This storm sewer system would have provided stubs for Lull Industries to connect to serve their site. This project was denied. Water Oual!L - Site runoff is conveyed vis an overland drainage system to an existing sediment basin, Pond CP -8. Pollutants not filtered out while traveling overland will settle out in this sediment basin. The City Code requires all storage areas and parking areas for more than four vehicles to be constructed with a bituminous or concrete surface and concrete curb and gutter. The City requires surfacing for dust control, water quality, and aesthetic reasons; and concrete curb & gutter for conveying runoff, defining the edge of storage /parking areas, and because concrete is more durable and long lasting that bituminous curbing. The applicant believes gravel is an appropriate surface in some storage areas because of the type of storage and that curb and gutter is not necessary to convey runoff. According to the applicant, dust control is not an issue because the site is so large no neighbor would be effected, water quality is not a concern because the drainage follows existing overland drainage route, and aesthetically, distance, grade change, and existing vegetation virtually screen the storage areas from Highway 13. Staff has reviewed the situation and the impact of dust control to neighboring land uses should be minimal, the City's Water Quality Coordinator has expressed that the overland drainage is an effective means of filtering pollutants from runoff, and the aesthetic impact of the gravel storage area is negligible at this site because they should not be visible off site. The City Council has generally stated that development standards should be uniform throughout the City; however, Council has also indicated a willingness to modify standards in some instances involving redevelopment, and allow for phased improvements to achieve compliance. The issue here is whether this is an instance in which the standards should be modified. It should be noted that Lull Industries is not requesting to phase in bituminous surfacing in all storage areas or curb and gutter to route runoff, but is requesting to utilize gravel as a permanent surface in some areas and maintaining the existing overland drainage system. moo Planning Report - CUP September 27, 1994 Page 6 Allowing these modifications to the City Standards will set a precedent for future redevelopment /renovation projects. Grading/Wetlands - Lull Industries applied for a grading permit in August of 1994. The applicant has agreed to wait to perform the improvements proposed with the grading permit until after the Conditional Use Permit has been reviewed by the City. The applicant proposes to grade along the south and north sides of the existing building to allow for expansion of the parking lots and outdoor storage areas. Erosion control measures will be required with this development to protect erosion from occurring onto the adjacent property. The preliminary grading plan does not delineate any wetlands on this site; however, verification of any wetlands on site is required and any wetlands defined should be protected from being filled. Utilities - The site is connected to City sanitary sewer, but not to City water. There is an existing 12" water main in Meadowview Road that has sufficient size, pressure and capacity to serve this site. The fire hydrants on Meadowview Road are at least 500 feet away from the building on the Lull site, and this length exceeds the City's standard of 300 feet. Therefore, the developer should construct a water main system with hydrants on the site to improve the fire protection. Access /Circulation - Two access points are provided to the site by a single driveway connection to both State Trunk Highway 13 and Meadowview Road. Tree Preservation Policy - A Tree Preservation Plan has not been submitted. The proposed storage areas do not impact existing trees on site; however, some future expansion areas will impact existing trees and a preservation plan will have to be submitted at the time of building permit application. SUMMARY /CONCLUSION Conditional Use Permit The proposed Conditional Use is substantially consistent with the findings listed above. Manufacturing is a permitted use in the Light Industrial Zoning District and this property has functioned as such for many years; however, the proposed storage does not meet surfacing requirement of the Standards for Outdoor Storage. The applicant is committed to upgrading other aspects of the property and the business operations. Rol Planning Report - CUP September 27, 1994 Page 7 There are issues to be resolved regarding erosion problems and the level of upgrade necessary for the parking and storage areas (surfacing, curb & gutter, and storm sewer systems); however, the buildings and parking & storage areas meet I -1 district setback requirements and off street parking needs are met. ACTION TO BE CONSIDERED Action: To approve /deny Lull Industries a Conditional Use Permit with Site Plan, to allow outdoor storage of parts and equipment on Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Highway 13 subject to the conditions listed below. (Note: Condition number 5 is an additional condition that may be added if determined to be appropriate by the APC & City Council) CONDITIONS USE PERMIT CONDITIONS OF APPROVAL 1. The applicant shall record this Conditional Use Permit at the Dakota County Recorder's office within sixty days of City Council action. 2. The applicant will be required to construct a water main system with hydrants that are spaced within 300 feet of the buildings to improve fire protection to the site. 3. The applicant shall properly maintain the parking and storage areas. 4. The applicant shall prepare a status report of site conditions and an overall plan for handling storm drainage erosion problems for Advisory Planning Commission review in October 1995. 5. The parking and storage areas serving this development shall be constructed with concrete curb and gutter around the edges and surfaced with bituminousorooncrete pavement in accordance with City Code requirements. FINANCIAL OBLIGATION - 9- CU- 18 -9 -94 10 -00 -900- 010 -26 There are pay -off balances of special assessments totaling $4,378.24 on the parcel for which the conditional use permit is requested. There are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the use of the property, the following charge is proposed. The charge was computed using the City's current fee schedule and the connection and availability of the City's utility system. Improvement Storm Sewer Trunk Use Rate Quantity Amount C/I .112 /sq ft 1,171,764 sq ft $131,238 This financial obligation is presented for informational purposes and is not a condition of the issuance of the permit. a 03 1 JCATIJN i'Ji`NIf`l1 Hof • — " = may f •- \. — \ / r 1. 1 w ,b ' � ` , ." 1i c • Fir • • ■• a • 11 MUM MOM MOM MOM MIEN NEOUN _= AMINE male OMIN MEM __ MOM ellOMM aN1 th11 6 D , a° ni gin ant .i� I 1 1 ina MINN ti inSIM Mal a °1 • CP -9 698.7 702.0 A A. FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF EAGAN ao? UNIDO VOW N.M» Vow* .._� WORM N.MN.,N... es. - ---- -- LIt OtaNM r,..,d • OHM LI? RATION O MIN P011011111/11 • •■■ 4040 hr0 NORMAL Van. Lsra . . .. . 1100.0 MMIO NMI "AIR LtvE. i 900.0 timmmallIMAPININISOUTII EAGA • FIG. N0.7 SANITARY SEWER TRUNK LAYOUT CITY OF • • FIG. NO. 8 WATER DISTRIBUTION SYSTEM CITY OF EAGA Agenda Information Memo October 4, 1994 City Council Meeting PRELIMINARY PLAT /SKYLINE HEIGHTS J. Preliminary Plat, Skyline Heights, Consisting of Two Single Family Lots on 1.4 Acres Located North of Lone Oak Road -- George Zirnhelt is requesting a preliminary subdivision approval of two single family lots on 1.4 acres of property currently zoned R -1 and platted as Lot 17, Zehnder Acres, located on the north side of Lone Oak Road, south of Skyline Path. The Advisory Planning Commission conducted a public hearing on this item at its :meeting of September 27, 1994. There were no issues with this item. The commission recommended approval subject to the conditions set forth in its minutes. Enclosed on pages 2t3brough is a copy of the staff report for this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary subdivision consisting of two lots on 1.4 acres of land at 1521 Lone Oak Road, subject to the four conditions recommended by the Advisory Planning Commission. a rc PAGE 13 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 Voracek opened the next public hearing of the evening regarding a Preliminary Plat consisting of two single family lots on 1.4 acres currently platted as Lot 17, Zehnder Acres, located north of Lone Oak Road in the SW; of Section 4. Project Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff's planning report dated September 22, 1994. Ridley noted the background and history and the existing conditions of the subject property, the surrounding uses and the compatibility therewith, the site plan, the storm drainage, water quality and utility issues and the proposed street access. Mr. Ridley concluded that the proposed preliminary plat consistent with the City's Zoning Ordinance and Comprehensive Guide elan and the proposed development is compatible with the surrounding area. The applicant briefly outlined the background of the proposed plan. He further stated that the easement required as Condition No. 4 of the preliminary plat is obtainable and is agreeable to all conditions recommended by City staff. Merkely moved, Wallace seconded, the motion to approve the Preliminary Plat consisting of two single family lots on 1.4 acres currently platted as Lot 17, Zehnder Acres, located north of Lone Oak Road in the Sigh of Section 4, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council action on February 2, 1993: General Tree Preservation PRELIMINARY PLAT SKYLINE HEIGHTS Al, B1, B2, B3, Cl, C2, C3, Di, El, F1, GI and H1. 2. The existing shed located on the common lot line in between Lots 1 and 2 shall be moved prior to final plat approval. 3. A tree preservation plan shall be submitted with the building permit application. PAGE 14 /ADVISORY PLANNING COMMISSION MINUTES September 27, 1994 Easements 4. This development will be required to obtain a cross easement from the owner of Lot 2, Block 3, Prettyman Heights for the proposed driveway that will serve Lot 1 of this development. All approved in favor. SUMMARY OF REQUEST AUTHORITY FOR REVIEW PLANNING REPORT CITY OF EAGAN REPORT DATE: September 22, 1994 CASE #: 4- PP- 30 -8 -94 APPLICANT: George Zirnhelt HEARING DATE: September 27, 1994 PROPERTY OWNER: Marjorie & James Kolar PREPARED BY: Mike Ridley REQUEST: Preliminary Subdivision - Skyline Heights LOCATION: SW 1/4 Section 4 COMPREHENSIVE PLAN: D -I, Single Family 0-3 units /acre ZONING: R -1, Single Family George Zirnhelt is requesting Preliminary Subdivision approval consisting of two single family lots on 1.4 acres of property currently zoned R -1 and platted as Lot 17, Zehnder Acres. The parcel is located on the north side of Lone Oak Road and south of Skyline Path at 1521 Lone Oak Road. City Code Chapter 13, Section 13.20, Subd. 6. states: In the case of subdivision, 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 improvements is not likely to cause environmental damage. a�� Planning Report - Skyline Heights September 27, 1994 Page 2 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 judgement 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 Zehnder Acres was subdivided into 22 lots in 1950. Lots 4 -18 were 2.75 acres in size (200 feet x 600 feet) and each of these lots have been split at least once. Lot 17 appears to have been split into two parcels (north /south) in 1964. The northern half of the split was incorporated into the 1989 Prettyman Heights subdivision. On May 18, 1994, the City Council approved the applicant's variance request to waive the 50 -foot minimum lot width requirement for the north portion of this remaining lot in order to provide a future lot with access to Skyline Path. Planning Report - Skyline Heights September 27, 1994 Page 3 EXISTING CONDITIONS The site contains a significant amount of woodland massing and a topography that falls approximately 30 feet from east to west. Proposed Lot 2 has an existing home that was built in 1957. There is an existing shed located on the lot line that will divide Lots 1 and 2. The shed will need to be moved off the lot line prior to final plat approval. SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North - Prettyman Heights; zoned and guided Single Family South - Unplatted, but developed single family homes; zoned and guided Single Family East - Zehnder Acres; zoned and guided Single Family West - Zehnder Acres; zoned and guided Single Family EVALUATION OF REQUEST A. Preliminary Subdivision Lots - Both lots exceed lot size requirements. The City Code requires a minimum lot size of 12,000 s.f. in the R -1 zoning district. Proposed Lot 1 = 18,322 s.f. and Lot 2 = 43,264 s.f. parks Dedication - At their September 19, 1994 meeting, the Advisory Parks, Recreation, and Natural Resource Commission recommended a cash parks, trails, and water quality dedication. B. Site Plan Density - As proposed, the density of this plat will be 1.4 units per acre which is consistent with the guided D -I density of 0-3 units /acre. Setbacks - Due to the size of each lot, all R -1 setback requirements can be met. Tree Preservation Policy - The applicant is proposing custom grading for Lot 1, and Lot 2 is already developed; therefore, a Tree Preservation Plan should be submitted with the building permit for Lot 1. The construction of the house on Lot 1 should allow existing trees and vegetation to remain undisturbed on the west half of the lot. a,� Planning Report - Skyline Heights September 27, 1994 Page 4 Grading /Wetlands - The developer does not intend to do any grading with this application. A minimal amount of grading will be needed when the house is built on Lot 1. The front yard of Lot 1 currently slopes to Skyline Path and the backyard slopes to the west to allow for a split -entry walkout house to be built on the lot. The maximum slope of a single family driveway allowed by the City Code is 10% and the proposed driveway for this house falls within this standard. There are no jurisdictional wetlands within the proposed subdivision. The developer and /or builder will be responsible for erosion control measures during the construction of the house on Lot 1. Storm Drainage /Water Ouality - The storm water runoff from the front yard portion of Lot 1 will drain to the storm sewer system on Skyline Path. The backyard area of Lot 1 and Lot 2 will continue to drain to the west. Both of these areas eventually discharge into the State Park west of the railroad tracks without draining through any City stormwater ponds. This proposed lot split involves an area too small to accommodate on -site ponding, so a cash dedication will be required. The cash dedication will be based only on the area of Lot 1, since Lot 2 already has an existing residence. Utilities - Sanitary Sewer and water service was stubbed to Lot 1 with the Prettyman Heights Addition and the existing house on Lot 2 is connected to City sewer and water service. Access - Access will be provided to Lot 1 from Skyline Path via a driveway easement across Lot 2, Block 3, Prettyman Heights Addition and is provided to Lot 2 via an existing driveway connection to Lone Oak Road. The County does not include the upgrading of Lone Oak Road in its current five- year Capital Improvement Program. Easements/Right -of -Way /Permits - No additional right -of -way will be needed along Lone Oak Road or Skyline Path. This developer will be required to obtain a cross easement from the owner of Lot 2, Block 3 of Prettyman Heights for the proposed driveway that will serve Lot 1 of this development. City records indicate that the existing sewer and water service to Lot 1 is in an easement as it crosses Lot 18 of Block 1 of Prettyman Heights. a �� Planning Report - Skyline Heights September 27, 1994 Page 5 COMPATIBILITY WITH SURROUNDING AREA The site in question is surrounded by property that is zoned, guided, and used for single family residential purposes. The lots created by this plat will be as large or larger than most of the existing lots in the immediate vicinity and will be compatible with the surrounding area. SUM /CONCLUSION The additional single family lot created by this subdivision will be consistent with the existing zoning and Guide Plan designation for this property and the area in general. City service stubs were provided to proposed Lot 1 with the Prettyman Heights Addition and access is available to serve the new lot from Skyline Path. ACTION TO BE CONSIDERED To approve /deny the proposed Skyline Heights Preliminary Plat consisting of two lots on 1.4 acres. If approved, this plat shall be subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council action on February 2, 1993: Al, Bi, B2 ,B3, Cl, C2,C3,D1, El, Fl, 01, and Hl. General 2. The existing shed located on the common lot line in between Lots 1 and 2 shall be moved prior to final plat approval. Tree Preserve 3. A Tree Preservation Plan shall be submitted with the building permit application. Easements 4. This development will be required to obtain a cross easement from the owner of Lot 2 Block 3 of Prettyman Heights for the proposed driveway that will serve Lot 1 of this development. a,8 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 -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 STANDARD CONDITIONS OF PLAT APPROVAL 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a cul -de -sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public improvements 1. tf any Improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Perrrofl 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 H. h r 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. 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 Approved: August 25. 1987 LTS #5 STANDARD.CON Ctty Council September 15. 1987 Revised: July 10. 1990 Revised: February 2. 1993 FINANCIAL OBLIGATION - SKYLINE HEIGHTS 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 parcel proposed for platting. The estimated financial obligation presented is subject to change based upon 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 connections proposed to be made to the City's utility system based on the submitted plans. Improvement Sanitary Sewer Trunk Water Trunk Storm Sewer Trunk Total Use S.F. S.F. S.F. $775.00/Lot 810.00 /Lot .074 /S.F. Rate Quantity Amount 1 Lot $ 775 1 Lot 810 61,586 S.F. 4.: Ilia iii LOCATION LI -4 Cc.c ��S •LOST SPUR COUNTRY cu e P POST NO 3 G�Q DARK ACRES COFP DR+ - J r,Lf k,: I R -4 P � fai 1 — - -' RD ZONING frrizEFE, :J NB GUIDE PLAN aa ,.. _ AAA N\, 1 \ ' \ \s,s, S POSTA t SERverr LI ��1�� /1NN�r.N.��it.....I u�_ LONE OAK ROAD SITE AREA z S r t - - - i►if f . _ • I J r I —"- I — T -- \ � nr\'7I •• I • • -,.; I . ( p,1071.1 I)P 1 -' } r: a +•rt � WO VP '.� / r-- --- , r I \ j_ - I \ , 1 / s•l ) I 1 ,,aI I \ 7 Cr t CE - - I 1 001 L- I J • — �� ays.t a.n,n .1.s 1 1 wn t , • S s s : 1 ` i• 1 1 1 i s Y s F I 1 11 i I 3 z amim o:L 1 / , ';7 - / v • IIYY � fte .` 0 • \ -- 2 1 ` ‘• • »_;., .1 Z.00 P1 algae 1100m ACHMA GHLAN CITY OF EAGAN 2;21 FIGURE No. 17 STORM SEWER LAYOUT MAP LEOIND .OI.I. AAAO c> MOW I MMMO.....• . - - Sm. - WORM wT RAMON Wino • MOW L/1 RA11011 twelme O WOW Pala L11N ♦ ■ ♦ ♦ •• MAO MOON + - •eMe MONO AL RAf7R LOYA . . .. 700.0 MIS ISM WAIN L1111. .00.0 IIMOLA10 OMAfMO! MOM -sr. tl t; 2 11 • co rvaa 1 c 1111131. 00 7 ea 17 • • N, • • • O N - . 1 Al ��IiL o C • i r 1 ' • l i + A _ %-iwr - te r - ? ' i r f'i,. -- «'s • N ,.! � .1i& CC • 00 00 - 051 • t M m 1 *1 s. N w UP? • 00 A 00 OZ 1 ., 0 .o s N l fcr 1- =ees: $300 investigation (non - refundable) $..30 license fee (prorated for calendar year) Directions: This form must be filled out by typewriter or by printing in ink. If the application is by an individual, by that individual; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof and by each person who has an interst in corp. or assn. in excess of 5 %. 1. Name of applicant: 3 . Business name: Name: ,iJc / Full Name Residence Address Business Address CITY OF EAGAN �! APPLICATION FOR MASSAGE THERAPY ESTABLISHMENT BUSINESS LICENSE 7 / o 7 (individual, partnership, corporation, association) ' ( ) i ) T vna nf annlirant• Individual Partnership j: Corporation Association Other 4. The full name, residence address and telephone number of the manager, proprietor or other agent in charge of the premises to be licensed (Person in charge of premises must be Eagan resident). Address: x C 6- C' - > ( / -s r f ‘) 5. Is the applicant licensed in any other community? Yes { - No If so, where: Residence Address Phone Business Address Phone The managing partner will be: Phone: 6. Has the applicant previously been denied a massage license by any licensing authority? Yes No. If yes, provide details: applicant is a partnership, state full name, residence and business address, telephone n imbers, and interest of each member of the partnership. Phone Phone Interest Full Name Interest r For a partnership, attach a true copy of the partnership agreement and a copy of the certificate of trade under provisions of Chapter 333, Minnesota Statutes, certified by the clerk of District Court . 8. If the applicant is a corporation or other organization, give name of corporation or association, Eagan address and phone number, and home office address and phone number. Name / / ; ,- c j , / . Eagan Address Home Office Address 'y Phone ATTACH: C�62 /;f / / A ?it 1. A true copy of the Certificate of Incorporation 2. Articles of Incorporation or Association Agreement 3. _ By -flaws of the Corporation '4. Foreign corporations shall attach a Certificate of Authority, as described in M.S.A. Chapter 303 9. The full names, residence address and telephone numbers of all officers of said corporation or association: President / c� /L i'o.. c , Phone ' (! (11- ( ) Residence Address / 5 / , °, L L . �_� <7- / ,) Vice President Residence Address Secretary Residence Address Treasurer Residence Address /1 : A / (1 Phone State of Inc. // )/1_, Phone 7, , 2 ,5 Phone Phone 10. The full names, residence address and telephone numbers of all persons who singly or together with their spouse and his or her parents, brothers, sisters, or children, own or control an interest in said corporation or association in excess of 5 %. Full Name // '-� Interest Residence Address ;� �) / ,', 5 / /' /3 1- ')1f07 / / 11 t ! ,� `' . 3 Full Name i*1, 7i Interest Residence Address Phone Phone (/ f C''C ' c T / Full Name 7'/ �j Interest Residence Address Phone 11. List the names, residences and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character. Name PcZ 1 7ti r \ «_, Residence Address Business Address Narne c Residence Address Name Cfc� Residence Address Business Address Date: 45 7 C Subscribed and sworn to before me this /91 day of 199 Notary Public latto Business Address . ' ) / ( ( ' / A- c ream /7 f - c ) )r (Signature of Applicant) MrHELE 1 ■ - tICIT•AST' PUJP rlAMTiTA t n!`4T EIsmS ^b 25 ! )7 M RM1HWN` nIVANYVV` \,• • T Phone Phone , ) / t j, J Phone( 12. Attach the names of those individuals to be licensed and working for the applicant in the City of Eagan. In accordance with City Code Section 6.39, the City Council may require other information upon request. Massage License September 22, 1994 Page 5 Summary and Conclusion Unless the City Council makes amendments to the ordinance, I cannot recommend that Lifetime Fitness or Deanne Johnson be given licenses to practice massage therapy. Other than the possible ordinance violations, I could not find anything in Mr. Akradi's background prohibiting him from possessing the establishment license. Deanne Johnson, on the other hand, had not been totally truthful with me. However, she has only been charged or arrested for misdemeanor offenses. If Miss Johnson is granted a license, I request that she first submit documentation that she is free of communicable diseases. Sincerely, Sgt James S. McDonald /km POLICE DEPARTMENT MEMO Fees: $200 investigation (non - refundable) $ 50 license Front and side view photographs must be provided. CITY OF EAGAN APPLICATION FOR MASSAGE THERAPIST LICENSE This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a massage therapist license. TRUE NAME: / A Th ly 0 'l. 7 .2 )( `/, C ,-L)/. � c .,,L DOB: 3 / .' /(( (. First Full Middle Maiden /Last RESIDENCE ADDRESS: dO CO _) Co AV ,)O C( )7Cc* / t.a, - t / i /G" :) ' :. 3'/: Street City State /Zip RESIDENCE PHONE: (Cr)) I / ( ) ( 'IC �; BUSINESS PHONE: 6, /c) t' `,,) h - 1!_ BUSINESS NAME: G i ) C / •^ t ( 1,16 'j BUSINESS ADDRESS: /' - 74 C_ 6 Street 1. Is the applicant licensed in any other community? Yes No / If yes, where: C ?' City State /Zip 2. Has the applicant been denied a massage therapist license by any licensing authority? Yes No / If yes, describe: 3. Each applicant for a massage therapist license shall furnish, with the application, the following: a. A dliploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. c. A medical certificate from licensed physician, declaring applicant has no communicable disease ( Each applicant shall alsdfurnish procif at the time of application, of a minimum of 100 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, and /or Foot Reflexology techniques; and b. Anatomy, including, but not limited to, skeletal and muscular structure and organ placement; and c. Hygiene. 4. If you have ever used or been known by a name or names other than the true name given above, list such name(s) and information concerning dates and places used. l(\ l p /5C• / / /, (i /rr t' ) / -` Attach photo. Sr _ rf - 5 T, 5. Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.) No. & Street City & State Dates • _ J �OC�o /��rte / Art( / »1f' /✓ / ') 3 </<1 c-,__5( /// g(;°C _� / 7;1,, p/ 5 / Y "7/ .t 6. Occupation history for preceding five years. (begin with present or most recent.) / / / r SO (// M. `,',,t ,.,)_7__ �i 1 1 106 / % F. 5!, fl_./e i, a/ , 7-'1 ..,; ,9 ( . 5 i ( ' (? I 7 e / Occupation 3coo / J (/ /7-re C '\ ` Address City /State /Zip / //• / ,> 7% Occupation / /u't Vie/ Address City /State /Zip I) lZj,:L E' CjitN ( E /7 ! v/ Occupation Address ,7 / *Attach additional sheets if necessary 7. Have you ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yes No_ If yes, give information as to the time, place and offense for which convictions were had: 8. List the names, residences, and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may he contacted as to the applicant's character: Name + o. � i e Address 43ton �'> l y• L Business Address Name l - A/ f / L. /7) c C r Phone 7 3 Address // Business Address U' l r/it 7 1 CcA_j 4' / (.� y C /7 Z / Name /' 1 , C / C /(' / - C}/ 1 - (I/ c -'Y 4../ Phone ' -- i 7 3 ,._) ,7._.) Address J Business Address (�.)' //C t. (1 Date: Subscribed and sworn to before me this 1 day of _ , 19_. // jl /'d , //c) City /State /Zip / ) / Employer or Name of BuXiness 3 (7-, j 19 to 19 I Phone �) )(- ( 1, , v c. Length of Employment - y I r Z Employer or Name of.Kusiness 7 - 19 7 / to 19 '1 ._5 Length of Employment / A' c. I / ?"/( !_. ` • .,, .. Employer or Name of Business/ 19 5,; to 10 '7/ C . Signature f f Applicant Length of Employment 4. Pro rty Owner's Name (written per from the property owner must accompany this permit application): o %e (..517762/ / , 5. Prppe Location Description: ie7< N S / l e o /- Y - r , .A " ee AA / 7 /7 1L /77 X e ( //,‘ . , 6. Type of Game to be Hunted: VIATI-eled A471- 7. Specific Hunting Dates: ' O0/ IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY S. Name (Beginning with the Applicant): / Vorrr\- S ems- / ' i /L �e —c," -ate ,b -er 9. Address: /7'7 S 1,h-„, 3 10. Vehicle License # rn e - .3 76 lice A oval /ii «it No: Wail f � r 13. Expiration 3 a Date: (c, % -- 1. Name: 2. Street Address: /7i/ zw. As of August 17, 1993, NO BOW HUNTING WILL BE PERMITTED in the City of Eagan. NO DEER HUNTING WILL BE PERMITTED except during those special hunting seasons authorized by the City Council, and controlled and conducted by the Department of Natural Resources for wildlife management purposes. Applications for special hunting permits will be considered for ducks, geese and pheasant only on parcels of property of five acres or more and zoned "agricultural." The maximum dates of the season for each wildlife hunted shall coincide with the hunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Council may, at its discretion, reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special hunting if the permit does not serve the purposes of wildlife management, even If the applicant has complied with all of the requirements. Any hunter listed in this application may hunt only when accompanied by the applicant. A copy of this permit and annronriate identification must be carried at all times for verification by the Eagan Police Department. . Y KeVI SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT 3. City /State /Zip Code: i IMPORTANT INFORMATION FOR THE APPLICANT // - ,� S2 August 25,1994 TO WHOM IT MAY CONCERN: Mr. Norman Svien has the permission of Gopher Smelting &'Refining to bow hunt on their land for the.1994 bow- hunting season. Sin erely, ohn Tapper J'T' :mp. GOPHER SMELTING 3 REFINING COMPANY • 3385 SOUTH HWY. 149 EAGAN MN 55121 -2395 PHONE 612.454.3310 FAX 612.454.7926 1.800.354.7451 August 25,1994 TO WHOM IT MAY CONCERN:_ Mr. Michael Guggenberger has the permission of Gopher Smelting & Refining to bow hunt.on their land for.the 1994 bow - hunting season. S'n John JT:mp GOPHER SMELTING & REFINING (OMPANT _. 3385 SOUTH HWY, 149 EAGAN MN .55121.1395 PHONE 612.454.3310•. FAX 612.454.1926 1.800.354.1451 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 -1897 PHONE: (612) 681 -4700 TDD: (612) 454 -8535 FAX: (612) 681 -4738 city of eogcun September 26, 1994 d olice department PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Administration & Investigation JAMES SEWALD Captain Patrol THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: MASSAGE THERAPIST ESTABLISHMENT LICENSE FOR LIFETIME FITNESS /MASSAGE THERAPIST LICENSE FOR DEANN JOHNSON Attached is the Background Investigation for the Massage Therapist Establishment and Individual Massage Therapist License. The Eagan Police Department recommends the license be granted for the operation of a Massage Therapist Establishment for Life Time Fitness. This recommendation is made in the event the City Council decides to revise the current City Code. The code the Police Department has developed, in conjunction with the City Attorney's Office, would allow for this operation. The establishment does not meet the requirements in the current City Code and if it is not changed, the license should be denied. The Police Department has also reviewed the application of DeAnn Johnson for Massage Therapist and finds no reason to deny the application. cA- '<? Patrick J. aga Chief of Police PJG:lb Attachment THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity /Affirmative Action Employer titik POLICE DEPARTMENT MEMO _ city of eagan DATE: September 22, 1994 TO: Chief Patrick Geagan FROM: Sgt. Jim McDonald SUBJECT: Massage Therapist Establishment License for Lifetime Fitness /Massage Therapist License for Deanne Johnson FCA Ltd., doing business as Lifetime Fitness, has made application for a massage liicense. Lifetime Fitness is a health /fitness club owned by Brahm Akradi of 8343 Kingsley Road, Bloomington, Minnesota, 55431. Mr. Akradi has opened the Lifetime Fitness Center at 1565 Thomas Center Drive and is pursuing the establishment license to better serve his patrons. The Eagan establishment is currently one of two lifetime fitness centers in the metro area. Through my investigation, I also learned Mr. Akradi is attempting to build a lifetime fitness center in Woodbury. I conducted a criminal history check on Mr. Akradi using local, state, and national queries. In addition, a driver's license check was performed. All the checks, with the exception of some misdemeanor traffic offenses, were clear. Massage License September 22, 1994 Page 2 I contacted the Brooklyn Park Police Department in reference to theft agency's contacts with Lifetime Fitness. Specifically, I spoke with Detective Jindra regarding their contacts with Mr. Akradi. Although they have no computer records of Mr. Akradi, Jindra told me their agency has had only positive contacts with him. In fact, a number of police officers are members of the Lifetime Fitness Center. When I asked Detective Jindra about massage therapy at Lifetime Fitness, he told me their city does not allow persons to practice massage. It should be noted, regarding Lifetime Fitness, their agency has received some reports of exposing. I was able to contact two references Mr. Akradi had listed on his application. I spoke with Paul Podany who works for Podany Office Furniture. Mr. Podany's company had either sold or leased office furniture to Mr. Akradi. Podany told me he does not know Mr. Akradi very well, but stated he has always been prompt with payments. Mr. Podany could not think of any bad experiences with Mr. Akradi. I spoke with Pat Regan who has known Mr. Akradi for three (3) years. Regan is also familiar with Akradi in a business sense. Regan, who is president of ProSource Fitness, stated he has sold and distributed exercise equipment to Mr. Akradi . He knows Akradi as a hard working, well respected man in the industry. He stated Akradi was a shrewd negotiator who initially started his career with Bally's U.S. Swim and Fitness. According to Regan, Akradi had brought the U.S. Swim and Fitness franchises to Minnesota. Apparently, Akradi had started his career at a U.S. Swim and Fitness in Colorado as a janitor. I have personally toured the facility and have found it to be state of the art. Besides the many different exercising apparatus, the facility has basketball courts, a rock climbing wall, aerobics, swimming pool /hot tub and steam rooms. It also offers child care for up to 30 children. I found nothing in Mr. Akradi's character that would prohibit him from having a massage therapy establishment license. Massage License September 22, 1994 Page 3 At the same time Mr. Akradi had applied for the establishment license, Deanne Marie Johnson had applied for a massage therapist license for Lifetime Fitness. Miss Johnson has been hired by Lifetime Fitness to perform massages pending the outcome of the City Council's decision. I performed criminal history checks on Deanne Johnson using local, state and national queries. In addition, a driver's license check was completed. I found Deanne had been arrested for shoplifting and warrants in Minneapolis on 6/3/93 and 8/22/93. She also has driving under the influence convictions on 12/3/92 and 2/21/93. Deanne has been arrested for driving after revocation and currently has a petty misdemeanor traffic warrant out of Hennepin County. I specifically asked Deanne if she had ever been arrested for any offense other than a traffic violation. She told me she had not. Regarding Deanne's education, I contacted the Minneapolis School of Massage Inc. located at 220 Lowry Ave N.E. in Minneapolis. Minneapolis School of Massage is an accredited massage therapy educational institution. Personnel from that organization did verify the diploma Deanne had submitted. I spoke with two (2) references Deanne Johnson had submitted on her application. Dan Kelly, who is an employee at the Brooklyn Park Lifetime Fitness Center told me he had known Miss Johnson for approximately 18 months. Mr. Kelly is the director of personnel training at the club. He told me he is not aware of any criminal activity that Deanne would be involved in. In his experience he found Deanne has handled people very well. In fact, he recommended Deanne be hired by Lifetime Fitness. I was also able to speak with Patty Napier. Napier is a real estate agent for Burnett Realty in Wayzata. Napier had sold Deanne Johnson some property in Corcoran, Minnesota Napier stated Johnson was very honorable and is not involved in criminal activity. After comparing Mr. Akradi's and Miss Johnson's application to both the current andl proposed city ordinance regarding massage therapy, I learned Massage License September 22, 1994 Page 4 there were a number of problems that applied to both. First, the door leading to the massage therapy room has a lock on it. This is in direct violation of both the proposed as well as the current ordinance. Miss Johnson is requesting the lock on the door in order to secure supplies when the room is unoccupied. After touring the facilities, and noting where the massage therapy room is with respect to a busy hallway, it is conceivable Johnson could be the victim of theft. I suggest the following amendment to the ordinance. "At all times when a massage therapy room is occupied by one (1) or more persons, it shall be left unlocked and open for inspection by any health or police officer to determine whether or not this section and all other laws are being observed. If unoccupied, the door must be open on demand for reasons set forth under this section. All persons, as a condition as being issued such license, consent to such inspections by such officers and without a warrant for searches and seizures." I believe this wording would still enable the city to enforce this section. Deanne Johnson is requesting that she be able to practice massage therapy between the hours of 6 a.m. and 10 p.m. seven (7) days a week. Again, this is violation of both the proposed as well as City Ordinance. Under the current ordinance, hours of operation are from 8 a.m. to 9 p.m. Finally, neither Mr. Akradi or Miss Johnson are current residents of Eagan. Also, I have yet to receive the doctor's certificate stating Miss Johnson is free of communicable diseases. Again, both issues are in violation of both present and proposed city ordinance. had contacted the St. Paul Police Department and spoke with Sgt. Tredahl who is in charge of the Vice unit. In his experience, their agency has had little trouble with persons practicing massage therapy only. He stated they mainly get complaints of theft and prostitution from businesses that offer other services such as saunas. Massage License September 22, 1994 Page 5 Summary and Conclusion Unless the City Council makes amendments to the ordinance, I cannot recommend that Lifetime Fitness or Deanne Johnson be given licenses to practice massage therapy. Other than the possible ordinance violations, I could not find anything in Mr. Akradi's background prohibiting him from possessing the establishment license. Deanne Johnson, on the other hand, had not been totally truthful with me. However, she has only been charged or arrested for misdemeanor offenses. If Miss Johnson is granted a license, I request that she first submit documentation that she is free of communicable diseases. Sincerely, Sgt. James S. McDonald /km Fees: $200 investigation (non - refundable) 50 license b. This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a massage therapist license. TRUE NAME: 11 71-1 J 3/V L' /ti's iv DOB:. 5 9 First Full Middle 1 1 Maiden /Last , RESIDENCE ADDRESS: j , � .�C,' /U L .1 w�� f -'L; I ! ,U f lI N (5. > -74- i Street City State /Zip RESIDENCE PHONE: (L I a - (- / 'J' J =% BUSINESS PHONE: L / 7, - c 1, / - -? 7C C CITY OF EAGAN APPLICATION FOR MASSAGE THERAPIST LICENSE BUSINESS NAME: J, / rr7' r c TNT : Of: ,t' BUSINESS ADDRESS: /h1f5 , -5 Ctk J f)i //v ;`� <2i" Street City ^�) 11 State / /Zi p 1. Is the applicant licensed in any other community? Yes No X If yes, where: 2. Has the applicant been denied a massage therapist license by any licensing authority? Yes No' If yes, describe: 3. Each applicant for a massage therapist license shall furnish, with the application, the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. c. A medical certificate from licensed physician, declaring applicant has no communicable disease. Each applicant shall also furnish proof at the time of application, of a minimum of 100 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, and /or Foot Reflexnlogy techniques; and b. Anatomy, including, but not limited to, skeletal and muscular structure and organ placement; and c. Hygiene. Front and side view photographs must be provided. 4. If you have ever used or been known by a name or names other than the true name given above, list such name(s) and information concerning dates and places used. Attach photo. 5. Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.) No. & Street City & State Dates 6. Occupation history for preceding five years. (begin with present or most recent.) Occupation Employer or Name of Business 2, v1 t C' It, l) C /')(A/ VY)// 19 fE Address City/State /Zip Length of Employment Occupation Employer or Name of Business 19 to 19 Address City/State /Zip Length of Employment Occupation Employer or Name of Business 19 to_19 Address City/State /Zip Length of Employment *Attach additional sheets if necessary 7. Have you ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yes yes, give inio,mation as to the time, piace and offense for which convictions were had: 8. List the names, residences, and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may be contacted as to the applicant's character: Name 5P{ L.L -E- Address r (/I �rlL(! � .� ` _ � � 1� z ��TC-w � Business Address Name D C 'Dr Phone c/ ,r - ,Q2 Address l 0 (-Ec C Business Address • .5H L Date: q -a.2-1 Subscribed and sworn to before me this day of , 19"?. ✓1! 7H ,r Phone i'11 Ai Ti ' .�; ? ri_' Dc_._ r.)--) .2iq 3 Name 01L-11.- t /1/ Phone l 3 1 ' S C' S IC , ,, t c; .t,L Off Y N�, .f- r1 ,� Address t (!E �Lv� L_ _ `�� Business Address SUSAN L. BURNS NOTARY PUBLIC— MINNESOTA HENNEPIN COUNTY My Comm. Expires Apr. 10, 1997 • Lb( NT Signature of Applicant city of acigcin 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122 -1897 Mayor PHONE: (612) 681 -4700 TDD: (612) 454 -8535 PATRICIA AWADA FAX: (612) 681 -4738 SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members DATE: September 29, 1994 TO: Sergeant Jim McDonald FROM: Detective John Stevenson SUBJECT: Massage Permit - Case #94006155 We received an application for a Massage Therapist License from Kimberly Jean Condon, DOB: 02/09/57, of 1330 North Landmark Trail, Hopkins, Minnesota. I spoke to Kim and she informs me that she will be working part time at Lifetime Fitness Center. This is her first "professional" job as a massage therapist. (She did work an externship program.) I ran all criminal background checks and all checks were clear. I was concerned about the fact that her doctor's letter indicated that the doctor hadn't seen her in well over a year. She will have a Dr. Brown send a follow -up letter that she was last seen on June 27th, 1994. I contacted Joan Crawford from Minneapolis School of Massage and verified Kim's certificate and transcript. J.:bk ed on th-facts, Kimberly Condon can be approved. D = ective John tevenson #34 Equal Opportunity /Affirmative Action Employer police department PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Administration & Investigation JAMES SEWALD Captain Patrol THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk \ THE LC)NE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY MINUTES OF A REGULAR MEETING OF THE :; CITY COUNCIL Eagan, Minnesota A regular meeting of the EaganCiy Council was held on Tuesday, September 20, 1994 at 6:30 p.m. at the Eagan Nlunicipal Center. Present*re Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA Administrator Hedges noted thgthe fina4t4bdivision approval for Trails End needs further action and should be removed from the Cons Agenda He also noted that there will be an Executive Session after tonight's meeting. Hunter moved,.:Masin secded a motion to adopt the agenda as amended. Aye: 5 Nay: 0 • • • • • : : :•: ::•: :•: .• • • •. ::.• •::•:: :•:.: :•:: ::•:•:•:•:•:•: MINUTES OF SEPTEMBER'6, 1994 REGULAR MEETING Mayor Egan requested that a correction be made to a statement he made on page 10 to read, 'Mayor Egan stated he doesn't see why the Council would turn down a request for this Super America Sta- tion, discriminating only because of this Super America Station's relative to Eagan's proposed down- town. Awada moved, Wachter seconded a motion minutes as amended. Aye: 5 Nay: 0 • MINUTES OF SEPTEMBER 6,:1994 SPECIAL MEETING •:•:.: Councilmember Hunter requested::rnat:*•pqrfection be made to a statement he made on page 2 to read, "Councilrnember Hunter stated he feels the based on the successful completion of the audit" and that a sentence be added to read, "Hikitekjhen suggested that the Council declare the $34,000 savings disallowed from the fundraising totals." Wachter moved, Hunter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 VISITORS.TO HEARD Hugh Stewart, 4106 Blackhawk Rog)h:dicateci down a shed and replacing it with a pole barn, and would like to have it appr00: It was noted that building permits are dealt with administratively, and was suggested that f*rneet with staff during office hours and they will assist him. - Margaret Schreiner, of Blackh4 Roadjitated that the Blackhawk Road Utility and Street Construction Phase II has become intoliii00:fciOti:if000.0s.IM:Of that neighborhood. Some of the concems expressed were: no follow-up commurildiatit'OttwhiSW•in initial letters; no response to questions/ concerns; lack of sensitivity to concems; lack of adequate detour signs; lack of adequate access/road not left passable at end of day; and disrespectful workers. She noted that she and others have made numerous requests and she doesn't feel they are unreasonable. She would like someone to come out and inspect this situation. Public Works Director Colbert indicated..4..wss in this area tonight and noticed that Silverbell Road was closed off without adequate det90::**::::H0)011 follow up on this and other concerns. He indicated that the utility delay was due to bfilitilllilarns Pipeline. They are located In Tulsa, and coordination was dt,cutt. That resultedii0•4-5 week delay project He noted that this project has been difficult, and he will do what he can the situatiO) He suggested Ms. Schreiner contact him to discuss the situation. After some disOpSsion, CouncilmerrOs Hunter suggested that the Public Works Director contact the contractor personallyii:and to all parties involved regarding these concerns. Councilmember Hunter pointed out that the recreation fees exceeded the anticipated revenue arid continues to do so. He commended the Parks and Recreatbn staif for their efforts. He asked what is lncluded In the "Other Revenue category of the Revenue Report. Mayor Egan presented a cheCji the arnount of $22 from the law firm of the mayor of Mendota Heights, who subpoenaed him to appe'S In a caSktie Is representing Involving a very politically sensitive lawsuit Involving appeals in the City of: I*Ii a concem over the way the City of Eagan is being treated by the City of Mendota iil orilisues relating to the airport and air traffic. He feels a strategy needs to be developed to refLit0:0f:OCCOatiOrww bring out the truth. Administrator Hedges noted he feels the City needs take a rnOi this. He added that the City of Eagan has honored the rules of the corridor; however, the City of Mendota Heights built housing within the corridor, and now the people living in this area are raising this issue to elected officials. Councilmember Wachter concurred, noting that back in the 1970's, he and Mendota Heights officials met with the Metropolitan Airport Commission and reached an agreement regarding where homes would be allowed to be built, and Mendota Heights has never followed through wbhth | b :: Councilmember Masin stated that : ffietiOetilhd•:0 Wescott Square was very impressive and asked the Park and Recreation Director to re4.ii.:it: and:Recreation Director Vraa explained the event and who was involved with the project. MaYorggan.noted ifiat although this park doesn't conform to any city standards, it is one of the greatest beithenkik:10:::19(44. for the community. He feels it is a real accomplishment Councilmember Hunter added tfiat Orfield study; that suburbs do have big city problems and areas that become blighted. The City ieltiOnded before the situation became critical. CONSENT AGENDA In regard to Item D, Rmcommendaion, Airport Relations Committee. Eagan-Mendota Heights Corridor Aircraft Operations, Council a concem over the letter from the Metropolitan Airports Commission stati ifikebil| tin the Noise Complairit Hotline are not used for anything. If these complaints d on't Oethi anYthing, he doesn't see any reason to have residents call there. Council members rev theANOMS dta showing flight pattems over Eagan and Mendota Heights. In regard to tem F, S0oom Services, Police DeoartmentlMunicipa Center Expansion, for Security Enaineerina, Site Desian: Drainaae Modification and Generator Relocation, Councilmember Wachter asked where the generator will be moved to. Administrator Hedges indicated it wifl be moved to the same Iocation the new one was proposed to be. Using the old generator will save considerable dollars. Councilmember Awada asked whether this vote approves the screen wall for the generator. Administrator Hedges indioaed In regard to Item M, Accept R | n of C n1 from SoIid Waste Abatement Commission pecommend Appointment of Replacerneiik Michter recognized the efforts of Cheryl Dusek on the Solid Waste Abatement Commission. B. Plumbers Licenses. It was recommended to approve the plumbers licenses for Dinius Plumbing Co., J-Berd Mechanical Inc., and J. Scott Plurr014:g C. Receive Assessment Roll/Order Public Hearing fctOb1 dbilr:38 for Assessment of delinquent utility bills. It was recommended to receive the assessment roll and order the public hearing for assessment of delinquent utility bills for October 18, 1994. D. Recommendation, Airport Relations Cmlnittee: Eagan-Mendota Heights Corridor Aircraft Operations. It was recommended to approve the recommendation by the Airport Relations Committee requesting immediate action by the FAA to correct procedures and supervision within the air traffic contra system to maintain jet traffic on and north of the south parallel localizer. E. Resolution, Police Department STEP program Grant Application for Sober Driving and Seatbelt Use Enforcement. It was recommended to aPpi F. Scope Change. Scope of Architectural Services:::Rolice Department/Municipal Center Expansion. for Security Engineering, Site Design, Drainage Modificatjph and arator Relocation. It was recommended to approve the architectural scope changes totalingi$24,057 as:.esented. G. Final Subdivision Approval, American Red Cross Addition. Ifiias recommended to give final subdivision approval. H. project 607. Receive Final Assessment Roll/Order public Hearing (Diffley Road). It was recommended to receive the final assessment roll for Project and order thelinal assessment public hearing to be held on October 18, 1994. 1. Contract 93-12. Approve Final Payment4iiifii404,We*nce (Hawthorne Woods Drive - Sidewalk). It was recomrnended to approve the si::iiiit::fitiai*Orient to Contract 93-12 in the amount of $10,441.81 to West Star Curb & Gutter, Inc. and accept the Improvement for perpetual City maintenance .•.•.•.•.• subject to appropriate warranty provisions. .•.•.•.• J. Contract 94-15. Receive Bids/Award Contract (Timberline - Sanitary Sewer Rehabilitation). It was recommended to receive the bids for Contract 94-15, award the contract to Insituform Central In the amount EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20;: 1894:::::: :: : • :•:• PAGE 4 of $27,300, with a bid altemate of $9,250 1d::authorize the.Mj for and City Clerk to execute all related contract documents. K Receive Bids /Award Contract, Street Maintenance'Eguipment (Street Sweeper). It was recommended to receive the bids for a street sweeper and award the contract to MacQueen Equipment In the amount of $92,950 and authorize the Mayor and City Clerk to execute all related contract documents. L Contract 94 -03. Approve Change Order #S.EHIa ttt},tkovkR;q: !•A•Blue Cross Road). It was recommended to approve Change Order #3 to Contract 93 :ai: :ai1S1'tpin .ih9 :Mayor and City Clerk to execute all related documents. M. Accept Resignation of Cheryl Dusek from,: yrlid Wag {_ ;Abatement Commission. Recommend Appointment of Replacement. It was recommended o aEgept.tf ie;resignation of Cheryl Dusek from the Solid Waste Abatement Commission and considef' ie::appo(tiv t;c a replacement to fill the remainder of the term. • N. Resolution Supporting Application for Annual Landfill Abatement Grant Funds from Dakota Qounty. It was recommended to approve the resolution as presented. 0. Resolution Approving Statement of P441r0s.g in Connection with the Turforass. Meadow and Woodland Establishment and Maintenance Ordinance:: : s :Teecommended to approve the resolution. P. Approve 1994 General Fund Budget Adjustnkents. It was•recommended to approve the adjustments to the 1994 General Fund Budget as presented. 0. Resolution approving the On - Sale Liguor.iCerise Legislation. It was recommended to approve the resolution. R. Resolution Approving the Special Service District Special Legislation. It was recommended to approve the resolution. S. Final Subdivision Approval, Trails Ends:•This:fterrt•was :removed from the consent agenda. T. Vacate Public Riaht-of-Wav, Receive Petition /OrOar,Pubfic' Hearing (Birch Street). It was recommended to receive the petition to vacate a portion of Birch t reet ani:l:;schedule a public hearing to be held on October 18, 1994. Hunter moved, Awada seconded a motion to approve Jie consent agenda. Aye: 5 Nay: 0 S. Final Subdivision Approval, Trails End. Administrator Hedges noted there was a request to transfer the pending assessments to one lot, and extend the payment term to 10 years. Awada moved, Hunter seconded a motion to approve the final subdivision for Trails End, transferring the pending assessments to one lot, and extending the payment term to 10 years. Aye: * lay: 0 11WYNR:: FINAL ASSESSMENT HEARING /CEDAR GR01/E• RECONSTRUCTION Mayor Egan introduced this item as project 662, Fin I: * sessment Hearing for Cedar Grove Street Reconstruction and noted this will be continued to the October 4, 1994 meeting. Wachter moved, Hunter seconded a motion to continue this public hearing to October 4, 1994. Aye: 5 Nay: 0 Mayor Egan Introduced this Item as reconsideration of Conditional Use Permit for National Propane Company. Administrator Hedges noted this item received action at the last meeting; however, the Community Development staff feels the Council may want to reconsider this item. Masin moved, Hunter seconded a motion to reconsider the Conditi x3a Q.P.&r ?it ot:t ational Propane Company. Aye: 5 Nay: 0 Community Development Director Reichert•eXpleined wfset tFie: ouncil approved for screening at the last meeting and noted that the Fire Marshal has some efot erns aDiictt the brick enclosure, and about having a propane tank at this location. She added that this .tank was proposed to be located within the setback area which is against the outdoor storage ordinanEe':. Dale Wegleitner, Fire Marshal indic8 # i#tiaf his bibit* atincern is with the brick enclosure, because the Uniform Fire Code states there shall be no structures or fire walls around propane tanks. He is also concemed with the amount of propane that would be located at a very busy corner. He recommends the exchange program be utilized instead. Councilmember Hunter asked whether there are any regulations on filling tanks. Fire Marshal Wegleitner indicated that training is required. He has had reports of Incidents where tanks have been overfilled and released gas in vehicles. With the exchange program, the cylinder is brought in and exchanged with one that 4 : #filed and checked by a gas company. • Councilmember Hunter stated he thinks • b j k the is a valid concern. He feels the concerns being expressed by the Fire Marshal should have been done.the:1irst time this was considered. He feels a thorough analysis needs to be done and he is6't ready. to ote: it Councilmember Masin agreed that:ti•iis :is busy corner and the City needs to be prudent in its decision. Leslie Leko of SuperAmerica, showed pictures of other locations in Eagan that have propane tanks. She noted this location has declining sales because of growth in Town Centre, and the company feels they need something to draw customers. She noted that training is done by a gas company. Masin noted that the propane tank on Diffley was allowed to be moved due to safety of the residents in the area. Wachter asked how many employees are, quelified. to .fill these tanks. Rich Zehnder, of SuperAmerica, indicated that employees could not disperise.propsr a. Theji:hve a signed certificate in their file that they received the training. Councilmember Awada asked for clarification on the ot*tion to the brick wall by the Fire Marshal. Fire Marshal Wegleitner indicated that firefighters carts see thFpvgh a brick fence, and a wood fence could be easily pulled away from the tank. After some discussion: t-egarding how a fire would be handled, Councilmember Hunter asked if the tank is placed inside the setback area, whether that would impede motorists. Public Works Director Colbert indicated that overflow parking occurs in that area. Councilmember Awada asked how far the tank would be from Pilot Knob Road. Public Works Director Colbert was unsure, but estimated it to be approximately 68 feet from curb to curb. Discussion followed concerning the Planning Commission reasons for denying this�riuest. Mason moved that the Conditional Use Permit be denied, stating she feels this is an inappropri#g:.Iocation. The motion died for lack of a second. Councilmember Hunter reviewed the findings . for . outside storage from the Planning Report and noted that the only findings that are violated deal with the tAtii: being located in the setback area. The Council needs to decide whether they want to violate thosii: o nditions. Mayor Egan asked whether a variance would be needed to allow this. City Attorney Sheldon stated that the Conditional Use Permit allows Aye: 5 Nay: 0 the Council to review a use that would be petrmitted if it meet* the conditions. The Council can waive a condition as long as it is not arbitrary, capric40 :rx unrea te. • Councilmember Wachter stated he would like'fiirther information before acting on this. (Perhaps a different location on the site would be more appropriate. Hunter added that he would also like to see the Uniform Fire Code sections referenced in the Fire Marshal's memo. Wachter moved, Hunter seconded a motion to continue this to the next meeting. Aye: 5 Nay: 0 PRELIMINARY PLAT/BEST BRANDS INC. Mayor Egan introduced this item as.t#1e:: iteiiriinary. Best Brands, Inc. of one lot on 16.75 acres located along the west side of T.H.f3:ertcl fhe 6406 :*6 of Yankee Doodle Road. Adrninistrator Hedges noted that the Advisory Planning Commission held a public hearing on this and recommended approval subject to conditions. Community Development Director Reichert explained the location and request. She noted they are requesting to combine a platted lot with a metes and bounds parcel. There is no development proposed at this time She noted that park dedicattort.:was, paid on one of the lots at the time it was subdivided. Because the metes and bounds property is'not:l ling: : sjbd . ivided, it will not be subject to park dedication or water quality fees. Wachter moved, Hunter seconded:: :motion to approve the preliminary plat for Best Brands, subject to the following conditions: 1. The developer must comply with:st iitlexaC inditions of plat approval Al, B1, B3, C1, El, F1, G1 and H1 as adopted by COLi4ii: on February 2, 1993. 2. A grading, drainage and erosion control plan must be submitted with the building permit application. 3. The Developer is responsibie,forabandontng all wells and septic systems according to the City and County requiremerit :: 4 A sanitary sewer and water main lay e0 plan st tl be submitted with the building permit application. . • 5. A tree preservation plan must be submitted with building permit application. STOP SIGN REQUEST/WILDERNESS RUN RD. & WEDGEWOOD DR. Mayor Egan introduced this item as stop sign requii<St, receive petition and approve or deny Installation, Wilderness Run Road & Wedgewo .c4D.riye.,..4(micustrator Hedges noted that last year, the City received a petition from adjacent properly: ;te questing: , stop sign at this location. A letter was recently received requesting that this item be reconsidiired he Council. Public Works Director Colbert explained the location ar(dfequest and noted that after analysis, staff determined it doesn't meet the warrants for a stop sign. He explained the results of the staff report, and the criteria used Since it does not meet warrartikr..auncil authc .atton Is needed to install a stop sign at this location. • • Patty Schilling, representing the Wedgewood First Addition, indicated she and her neighbors are concerned about safety at this intersection, especially for pedestrians, who are mostly children. There is a painted pedestrian crosswalk, but It doesn't seem to help. Speeding is a big problem on Wilderness Run Road. John Pearson, Maura Szydlowski Arid :CptOoe...l5cetuR..Q Pressed their concerns about safety and urged Installation of a stop sign or flashing &.at:1b sa'oG IAn. Councilmember Wachter suggested that extra police surveillance is needed in this area. :i .cscus concerning the cost of installing a flashing crosswalk. Councilmember Hunter concurred ihat.snc ? .i.Oprcern bt s needed and asked about the three -way stop by Oak Chase Park. Public Works Diri3 iiii:C6 emit di*iiii•that intersection does not meet warrants. It was installed by Council action. Hunter stated he a flashing light should be Installed at this intersection, and would like to know what the stopping distance is at 45 miles per hour since that is how fast many of the drivers are going on Wilderness Run Road. He feels the criteria for flashing lights should be the stopping distance at the 85th percentile speed. He noted that they need to be strategically placed to be effective. Public Works Director Colbert noted tom: :his. staff is in the process of completing a study of crosswalks in the city, where they should be installed _and: :what type. He noted that pedestrian activated flashing lights could be added to this study. He :does have a concern about installing one of these without setting the criteria. It could create some liability :pn the.part.of : tk e:;t:ity. Mayor Egan asked how quickly that study could be brought back to the Council ..Pobti :Wor s•fitlirector Colbert noted that with their present workload of trying to wrap up construction:: ' jests, fiinal assessment hearings, and initiating fall projects, he feels this type of project is more suitable #or winter months. Wachter indicated he would like to know what the fines are for speeding. Councilmerriber Masin stated she feels the problem is with staffing. Councilmember Awada stated she feels something needs to be done. She favors a stop sign. It is Tess expensive and more permanent and safer. Councilmember Hunter suggested that that be made part of the study also Inconvenience to mot0ist5: :00 :tto :1e taken into consideration. Mayor Egan emphasized the use of warrants and cited a situatioia :Mete..a stop sign was actually removed because it was safer without it. He would support a flashing Tight, because. a feels it would be more effective. Patty Schilling presented additional names f.f he petition. (See Exhibit A.) After more discussion, Hunter moved, Wachter seconded a motion to coritinue tf4:: :indefinitely, pending completion of the crosswalk study. Wachter suggested that additional police sure flfance be requested during that time. Aye: 5 Nay: 0 More discussion followed. CONSIDER ABATEMENT OF ASSESSMENT Mayor Egan Introduced this item as consideration :itif : abatement of assessment, interest and penalties for parcel 10 -03100 -014077. Administrator. Hedges noted that there was a request from the property owner of the Sieg Estate and Ai tsfi:pevet ient:tc abate accumulated interest and penalties associated with the Green Acres /Senior C?flzefi tlefierrgi-s:iitsf iecial assessments levied against this unplatted parcel. He e:xptained the location. Scott Johnson, President of Arcon Development, stated that an opportunity developed to removed a significant amount of material off the property at a substantial savings. The property Is not developable unless this fill is removed. ItiiUst be done this Fall. The City would get its assessment principal, and he feels it justifiable to defer the penalties because the property has never been developable. He feels everyone will benefit from this. Mayor Egan indicated a concem abi tike precedent this:agould set and asked whether concessions were made on the Hidden Valley development::: PW. Wnr ss hector Colbert stated he doesn't remember any economic considerations that were given to'tfla €:gQpkit;+: 'Wachter recalled the City working with them on the access problems. Councilmember Masin indicated she is not comfortable with substantially changing the property. She asked whether there is another way to develop this property without doing as much to the site. Scott Johnson noted there have been numerous :E1:?slgKs:tor:# pr p tty and this is a reduced number of units. He feels this is the best layout they can achiever fot"t ls'pfiipetty:and it fits the neighborhood. Councilmember Hunter stated he feels this proposal is well written; however, he Is also concerned about the precedent issue. He feels there are enough :unique q( t$rnstances to justify this decision and he feels the Council should take advantage :ot :af ::o poi w evelop this property. Councilmember Wachter concurred, stating that the alternafi a:fs•That it' Qe:S.: ;o forfeiture. Mayor Egan added that in addition to the unique physical factors, there are financial considerations also. If this proposal is accepted, the City will at least recover the principal amount of its assessments and provide a housing development that will generate an increased tax base for the community. It will also accomplish the city's goal of connecting : Stater Road to Burnsville Parkway. He sees this proposal as eliminating a lot of negatives and gaining ::s.3bC t?f : .positives, and feels it mitigates against the precedence factor. Awada and Wachter concurred. • Hunter moved, Wachter seconded a motion to approve: an $80,000 assessment without future interest abatement for Parcel 10-03100-014 -77; :: sub ject:: :: ineI 6ubdivision /platting of the property; and authorize the Mayor and City Clerk to execute.alF :ieiaied' documents. Aye: 5 Nay: 0 • REZONING /REMO CAPONI Mayor Egan introduced this item as rezoning for Remo Caponi, of 5.9 acres from A, Agricultural to R -1, Single Family, along the south side of Diffley Road, west of Lexington Avenue. Administrator Hedges noted that the Advisory Planning CommissiQn.reviewad.this.and a public hearing was conducted. They do not favor this rezoning. Community Development Director Reichert eXplained th :request and location. She noted that when this area was rezoned, this property was left wittii c i access. :except through the park. The Planning Commission expressed concerns about having a sr j1 single:f'athily development in the midst of this park land, and that access would only be available through the paii>:c ; : :: The current home has an easement for access, and It can be moved. The Planning Commission referred this to the Park and Recreation Board, and their recommendation was to keep it Agricultural with the single home. They also recommended that if development Is to occur, that four homes would be more appropriate. Since four homes can have a private driveway rather than a public street, and they would like to see it have access off of Diffley Road rather than through the park. She noted the Planning Commissitxc gsssed.rezOpg to single family and reduce the number of lots, and the chair of the Planning Comas* of #eft: ittt:aT y ad itional residential development In this area would be spot zoning. They recommended that the property remain the way it is, and determined that there Is a viable use of the property, and that it doesn't constitute a:tafting. Therefore, they recommended denial of the rezoning. Todd Rapp, representing the Capoiii; ; Count : Oproval of this rezoning. He feels it will Increase the city's tax base and be an attractive::d veippme .;:::1-le noted there were no objections raised by the public at the Planning Commission. The deve#apit complies with all ordinance requirements. He reviewed the history of the development of this area and how this development complies with the comprehensive plan. He concluded from staff reports that park and single family land uses are compatible. He doesn't feel there is any justifiable reason for denial. • • Mayor Egan reviewed statements fr lhi4 :sta f e i1s:r.f }arding the compatibility of park and single family land uses and asked the City Attorney wtieifi>?tt ie *CouriOIl: has a legitimate basis for denying this. City Attomey Sheldon responded that the Council needs to malik:a factual determination on whether there Is a basis to accept or deny this rezoning based on:gie factors. Councilmember Wachter expressed : b th iut u mg the park for access, and feels there will be complaints about noise and bright light's' from the: He feels this would cause problems. Councilmember Awada concurred, stating she feels it is acceptable to have one lot taking access from a park, but not 11 lots. She feels access should come from Diffley Road. Councilmember Hunter disagreed with Mr. Rapp's statement that the Comprehensive Plan says that agricultural is not a viable Tong -term use ir of Eagan. It actually states that commercial agricultural Is not a viable long -term use A single fai iiiiV cached dwelling is a non - commercial agricultural use He refuted statements made by Mr. Rapp regarding t iid:sta# feports, noting that many of those statements were made when the entire area was D -1, and conditions have :olianged substantially since that time. He feels 11 single family lots are too many for this area : ::rhe Councii::r Bids to decide what the zoning should be • If it isn't going to be D -1. " • Councilmember Awada asked wh4f4tttie existing easement could be used for 11 Tots. Community Development Director Reichert indicated it cannot. There is a 16 foot easement and It can be relocated by the city, which is what they have done. Mayor Egan questioned the letter from Lee Markell, noting it is unusual for a member of an advisory body to write a letter on city stationery to $ r letter Is not even consistent with what the Planning Commission did. Therefcire ::die: irjes i't:: f iij::: ;::is the position of the Advisory Park and Recreation Commission. Hunter concurred, stating that the letter leads people to believe that it is their position. Community Development Director Reichertglated shetselieves Mr. Markell was designated to write this letter to summarize their comments. The Advi$bry Planning. Commission felt that the Advisory Parks and Recreation & Natural Resources Commission be:trivolved iri s land use issue due to the fact that there Is park land there. She believes Mr. Markell is the chair of:tfiie Advisory Parks, Recreation & Natural Resources Commission and has written this letter on the commission's behalf to summarize their position. Mayor Egan stated he feels the minutes should be the official document to state their position. He doesn't know whether all of the board members agree with all of the points in the letter. Community Development Director Reichert noted that the Advisory Planning Commissign.requested this letter. Further discussion followed. Councilmember Masin asked wtiei?F"itit: kijS *Alpprri ttt will have a negative impact on the park. Councilmember Awada state she doesnft�fieel : :It :iiirill:Aiiiie: a : :r i gative impact on the city park as long as access isn't taken from the park; however, she feels it will have"a negative impact on the art park. Hunter asked about traffic restrictions on this easement through ttia: park. Community Development Director Reichert noted that a 16 foot easement would not be adeqEi4e under city ordinance to serve an 11 lot subdivision. She noted that it is difficult to determine what is best for this property until it is known how the art park progresses over the next few years. Hunter stated he doesn't like the "wait and see" approach. He feels the City owes the property owner the fyot to develoOlieir property based on the City of Eagan Comprehensive Guide Plan and he will base h$ . iote.t 1f#i}t ::::: Councilmember Awada reiterated that she doesn't feel It is appropriate to take access from the park. Masin concurred. Mayor Egan disagreed, stating he feels the traffic impact will be minimal. Discussion followed conceming the easement and anticipated amount of traffic to be generated from this development. Hunter moved, Egan seconded a ti�i . is A:i :a : h Ozoning, with direction to send the plat back to the commissions for review. Aye: 4 . Hay`' :1: Wachter pipposed.) Community Development Director Reichert sated she doesn't feel it will be possible to get access directly off of Diffley Road. Administrator Hedge8 ottcurred stating he feels the Planning Commission needs some direction from the Council. *fr:0er:stated::fhei:would like this situation analyzed to see what access is appropriate. Considerable discu 'sici i ri erning access to this development. Awada noted she will vote against the plat if access is shown through the park. If the city gives them a different easement, they won't be able to move the road or build something there if wanted in the future. She feels the city loses its flexibility for this property. A question comes up also as to who will pay for the roadway if it gets redone. Public Works Director Colbert noted Thar If access is taken from Diffley, the configuration of the lots will change. This has been discussed before and : ccta County will not allow access to Diff ley Road if they feel it is available through city property. Awada tf alt f the City refuses access through the park, Dakota County would almost have to provide the :access ...Put Norks Director Colbert indicated he will wait for an alternative proposal from the developer .;o:;meke:the Todd Rapp indicated that the deve){iper'suggested access north of the water tower away from the activity of the park, and it was at staff's urging that the access was moved to the current location. He feels they are getting contrary direction on this issue. He doesn't feel that access from Diffley Road is feasible. He feels the City is obligated to provide access to this property. The developer would like to go back to their original proposal if the Council doesn't feel park access is desirable, but he needs that direction from the Council. Mayor Egan indicated that tFie .:P.ubiic.WQrks.Direetor.will be reviewing the access with Dakota County, and staff can review his request. e s :an Qptlon:w I:i nes back to the Council. REQUEST CHANGE /BOW t1UNTINf ESTRICTION Mayor Egan introduced this item as a request: :to chang0: bow hunting restrictions. Adrninistrator Hedges noted that Norm Svien requested the opportunity to4i6eak to the Council about changing the present ban on bow hunting, noting he wasn't aware that this issue was being considered last year. A question arose as to whether a motion for reconsideration is necessary. City Attorney Sheldon clarified that unless it is reconsidered at the meeting following the vote, it is considered a new motion. Norm Svien stated he feels that Eagan should have socontrol over the deer herd. He would like to hunt behind Gopher Smelting and he feels it would be safi3 and wouldn't cost anything to the City of Eagan. The City could hire sharpshooters .k :d er:p ..: ::would cost a lot of money, and he doesn't feel it is an effective method of control. H a :Ot -Ohie argument that bow hunting is inhumane. Mayor Egan agreed that it is unfortunate that so marijf: Leer get hit by cars, and die of disease or starvation. However, the City of Eagan doesn't have a budgettn properly monitor and regulate a hunting season. He feels the DNR should be responsible for regulating deer hunting on private as well as public land. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20;:1 PAGE 11 Wachter noted that both sides needs it :be represent d p this issue. Councilmember Masin stated she voted in favor of the ban last year Fiiiii k : :** h is received a lot more information on deer management to base her vote on than she had concern was for the safety of the residents. She feels the City should draft a letter asking either the Legislature or the DNR to take over deer hunting regulations on private property. Mayor Egan added that deer managemig.O.P.9 something cities are equipped to do. Norm Svien noted that DNR regulations would prevail u t _neec ;s perm son to hunt on this property. After some discussion, Hunter moved, Awada seconded a motsprs: to 'dire t. -staff to prepare an ordinance change to reinstate bow hunting in the City of Eagan. Aye: 3 fay: 2 (Egad and Wachter opposed.) Administrator Hedges asked whether the Council will consider applications a with the ordinance at the next meeting. The consensus of the Council was that they will oc:i sider the ications if the ordinance Is approved. GISLATtVE /INTenGOVERNMENDAL AFFAIRS UPDATE Councilmember Hunter gave a report on the High School Site Selection Committee, noting that four sites are being considered for the new high school. The Apple Valley site seems to be the prevailing site. If that Is the case, Eagan students will be split between three high schools. He noted that the task force realizes that school boundaries will have t i:change. 4DMINtSTRA E 4 ,NDA Mayor Egan noted there will be an Executive Sessio[r;& ttowing this meeting. 1 D'IA 3LE Administrator Hedges handed out some Request for Information /Follow Up forms for the Council's use in requesting information from staff. He also noted that the Council will have to schedule a special meeting to canvass the November 8th election results. He added that he recently attended the ICMA National Conference, and the City Administrator from Duluth is the new ICMA President. Counc:ilmember Wachter noted tkiat'Eagan W a j:ecppie t of the Twin City Tree Trust. Mayor Egan added that the celebration for that was held in Eagan S ky HiII Mayor Egan asked about the Stinar propo*:noting h ieceived a call from them indicating their five year phase -in program was turned down by Corrirtlunity 40.elopment staff. Therefore, they withdrew their Conditional Use Permit application. Community Developniernt Director Reichert stated she would check Into It. Some discussion followed. Councilmember Masin suggested the Council start to meet with area businesses on an occasional basis. ft would give the Council the opportunity to updai<Q..tusinesses on city Issues. Community Development Director Reichert noted that the Economic DeveloWnent Commission will be talking about the structure of their committees. Councilmember Masin reportedttri'several meetings and events she attended recently. Councilmember Hunter noted that the meeting on Friday moming with John Ruggieri will need to be rescheduled. He noted he spoke with Ken Tyler on the Ad4ry Parks, Recreation & Natural Resources Committee regarding their report on the tree preservation pt }Ioy, and their initial observation is that the requirements are not being met. He looks forward to getting the full report. Some discussion followed. Date City Clerk if you need these minutes in an altemative:O large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagiii,•*;:71:4, (6 12) 681-4600, (TDD phone: (612) 454-8535). -• .:•:•:•:•:::::::.:•••• ......•. The City of Eagan is committed to the policy th0:all persons ha:ver,equal access to its programs, services, activities, facilities and employment without re0td, : Wri4:: . ibidr, creed, religion, national origin, sex, disability, age, marital status or status with. assistance. DLP 4)1 • • • • • • • • • • •.•. :::•:•:-:•:-:•••• • ' o RESS 1 ( j......a..4 16Y,%) (.0.0 c- LJ• 2 .:!:;!:‘- — S?',.• • . . . .• .....•.• : .... : ..• : ... :. ... :•:::::: •:•:•:•: ......... .......•. .•:•::':' —..s......L