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06/01/2010 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING June 1, 2010 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE I II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) P a A. APPROVE MINUTES p tp B, ITEMS i -7 C. APPROVE Check Registers D. APPROVE Tree Maintenance Contractor License for Dan Greenwaldt, Greenwaldt Tree Service, 21553 30th Avenue, Randall, MN P.9 E. APPROVE Fireworks Permit for RES Specialty Pyrotechnics Inc. and waive the $100.50 license fee as requested by the July 4th Funfest Committee Q 13F. APPROVE Temporary On -Sale Liquor License for the Caponi Art Park for a book launch event to be held on June 19, 2010 at the Art Park, 1205 Diffley Road, and waive the $150 license fee ApG. APPROVE Off -Sale Liquor License for Chamroeun Ung., dba MT Liquory located at 1629 Lena Court #105 i° l7 H. APPROVE Final Subdivision of Lindstrom 2 "d Addition f? aDl. AUTHORIZE Preparation of Amendment of Housing Improvement District Policy to conform to 2010 Statutory Amendments d'o1j J. AUTHORIZE Preparation of Transit Improvement District Designation Application for Cedar Grove Redevelopment District pa3 K. AUTHORIZE Preparation of DEED Redevelopment Grant Application for Infrastructure Improvements in Cedar Grove Redevelopment District L. DIRECT Preparation of a City Code Amendment regarding the Regulation of Outdoor Boilers M. DIRECT Consideration of Comprehensive Plan Amendment and Rezoning to Limited Industrial for the Fire Station located at 2980 Lone Oak Circle P a, N. APPROVE Amendment to the Winter Trail Maintenance Program O. APPROVE JPA with Dakota County for Traffic Signal Revisions at Diffley Road & Blackhawk Road (Contract 10 -01) APPROVE License to Sell Tobacco Products for Chamroeun Ung at Mt Liquory, 1629 Lena Court, #105 V. PUBLIC HEARINGS .P31 A. VARIANCE — Blane Herdegen —A Variance of approximately 1.7% to the allowed maximum building lot coverage of 20% for a home addition located at 1482 Pinetree Trail. �.�aB. FEE SCHEDULE AMENDMENT — Amend 2010 Fee Schedule for State surcharge on permits and printing charges for color copies. VI. OLD BUSINESS VII. NEW BUSINESS f-44 A. CONDITIONAL USE PERMIT —Superior Golf Car— A Conditional Use Permit for outdoor storage of golf cars located at 3460 Kennebec Drive. B. 5 YEAR PUBLIC WORKS CAPITAL IMPROVEMENT PROGRAM (2011 -2015) and Authorization of Implementation of 2011 Improvements. VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time) X. ADMINISTRATIVE AGENDA 1 17 A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT � TO: FROM: DATE: City of Eajan mm HONORABLE MAYOR AND CITY COUNCIL MEMBERS CITY ADMINISTRATOR HEDGES MAY 28, 2010 SUBJECT: AGENDA INFORMATION FOR JUNE 1, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 1, 2010 City Council agenda, the following items are in order for consideration. Agenda Information Memo June 1, 2010 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the May 18, 2010 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the May 18, 2010 Regular City Council meeting are enclosed on pages 2 through -!S7 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 18, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, May 18, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Also present were City Administrator Tom Hedges, Community and Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA City Administrator Hedges noted an items would be added to the Consent Agenda as items Q, R, and S. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Chief of Police McDonald recognized Sergeant Kevin McGrath's retirement and his 27 years of service to the citizens of Eagan. X611! 11►`1icCC*4►`1_9L1 Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the May 4, 2010 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to authorize the appointment of Sergeant Steve Bolluty to Lieutenant and authorize his replacement. 2. It was recommended to accept the resignation of Sergeant Kevin McGrath and authorize his replacement. 3. It was recommended to authorize the appointment of Detective Richard Evans to Sergeant effective June 6, 2010. 4. It was recommended to authorize the appointment of Andrew Speakman to Sergeant effective July 19, 2010. 5. It was recommended to approve the hiring of Seasonal Employees in the Parks Department as follows: Lukas Lee and Joseph Morrison as Building Grounds Attendant II; Sarah Osojnicki, Coordinator; Jamie Sletten, Evan Guetzlaff, Hanna Engebretson, Allison Merkley, Hanna Pahr, Melanie Anderson, David Eddy, Wesley Kimball, Kelsey Nelson, Emily Kimball, Kayla Berntsen, Guest Services I; Cooper Rapp, Lifeguard; Lucas Peterson, Zachary Truskowski, Hunter Stai, Alyssa Weinstein, Teresa Digregorio, Brittni Schlegel, Jonathon Dale, Ashley Davis, Alyssa Giancana, Alexandra Emmons, Pool Attendants; Laura Brenberg, Katelyn Lutovsky, Park Attendants; Daniel Streefland, Brandon Hinke, Park Maintenance; Jennifer Saver, Evening Program Assistant; Michelle Finlon, Amber Orr, Preschool Teacher; Sara Morse, Rec Assistant Puppets; Julie Anderson, Madeline Bires, Tyler Mangan, Sarah Swenson, Recreation Assistants; Leh Beekman, Aaron Bray, Mark Burkhardt, Claire Opsahl, Kelsey Reger, Murphy Smiht, Recration Leaders; Lauren Whitacre, Recreation Leader /Site Coordinator; Kim Maczko, Start Smart Recreation City Council Minutes May 18, 2010 Page 2 Leader; Katie Pangborn, Preschool Instructor; Jocelyn Winter Recreation Program Assistant; Anna Pawlenty, Brenton Smith, Haley Juricko, John Opsahl, Jordyn Michaud, Kaitlin Mason, Katie Joyce, Kelly Fischer, Krista Wylie, Megan Mott, Molly O'Halloran, Nick Schuetz, Stephanie Same, Zachary Sheahan, Recreation Assistants; Brittany Dyshaw, Hillary Haynes, Kaylin Bertsch, Kimberlee Maczko, Lindsey Vandomelen, Matthew Mason, Megan O'Halloran, Meghan Galloway, Sarah Hannasch, Sarah Unmacht, Recreation Leaders; Anthony Lutovsky, Chelsea Eaton, Hilleary Reinhardt, Jenni Harms, Mark Hannasch, Brian Donahue, Nicole Fischer, Sam Reinhardt, Tennis Instructors; Craig Spande, Park Attendant. C. It was recommended to ratify check registers dated April 29, 2010 and May 6, 2010 as presented. D. It was recommended to approve a Tree Maintenance Contractor License for John Schaffenberger, Natural Contours Tree Care, 4305 Orion Lane. E. It was recommended to approve action to not waive the monetary limits on municipal tort liability. F. It was recommended to accept an amendment to the 2010 Grant from the State of Minnesota on behalf of the Dakota County Drug Task Force and approve a resolution authorizing execution of the agreement. G. It was recommended to adopt a resolution approving exempt permits for Dakota Woodlands to hold three raffles, one to be held at Green Mill Restaurant, 1940 Rahncliff Road and two to be held at the Eagan Community Center, 1501 Central Parkway. H. It was recommended to approve change orders for Fire Safety Project 0902. I. It was recommended to accept a donation from Kay Brown Gustafson of 400 copies of the book "Aunt Gussie and the Grandfather Tree" to be distributed to the community. J. It was recommended to authorize the City Attorney to prepare an ordinance amendment to Chapter 10 of the Eagan City Code specific to potentially dangerous dogs. K. Item removed. L. It was recommended to approve Change Order Nos. 4 & 5 to Contract 09 -12 (Diffley Road and Rahn Road — Intersection / Roundabout Improvements) and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to award Contract 01 -05 (Farnum Drive Street Light Improvements) to Xcel Energy in the amount of $28,000 and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to authorize the preparation of plans and specifications by Bolton & Menk, Inc. for Contract 10 -10 (South Water Treatment Plant — Facility Upgrade & Maintenance Repair). O. It was recommended to approve Telecommunication Lease Agreements with Clear Wireless LLC for new antenna installations on the Deerwood, Sperry and Lexington - Diffley water reservoirs and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to receive the petition to vacate public drainage and utility easements and street easements within the former Carriage Hills Golf Course property (Proposed "Stonehaven" development) and schedule a public hearing to be held on June 15, 2010. Q. It was recommended to reject electrical bid for Fire Safety Center and authorize rebid. R. It was recommended to approve a Recovery Zone Facilities Bond Application to the State of Minnesota for MN Hospitality Inc. S. It was recommended to approve meeting procedures for the Visitors to be Heard segment of the City Council meeting agenda for a period of time not to exceed ten minutes and not to be televised from May 18 — November due to a state law changing the primary election date. PUBLIC HEARINGS WESCOTT WOODLANDS RIGHT -OF -WAY VACATION City Administrator Hedges introduced this item regarding the vacation of a 10' portion of the public right - of -way known as Wescott Woodlands that is unimproved and currently serves as a gravel driveway to three residences and a public trail connection to Wescott Hills Drive to the south. Public Works Director Colbert gave a staff report. City Council Minutes May 18, 2010 Page 3 Mayor Maguire opened the public hearing. 6 �RqF Tony and Lynn Vinge, Carol Hesse, and Fred Wessel, adjacent property owners, each spoke asking questions in regard to who has responsibility for liability on the vacated property, what provisions the City would take to prevent motor vehicles using the trail, who would maintain the gravel road, and if plantings and improvements could be put on the right -of -way. There being no further public comment, Mayor Maguire turned discussion to the Council. Staff responded to the questions of the property owners. It was the consensus of the Mayor and Council to continue consideration of the right -of -way vacation to allow time for City staff and the neighborhood to reach specific agreements in light of the issues raised. It was also agreed that the Public Works Committee could review the issues if necessary. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue consideration of the vacation of a 10' portion of the public right -of -way known as Wescott Woodlands, reserving the trail, drainage and utility easements, until the September 21, 2010 City Council meeting. Aye: 5 Nay: 0 OLD BUSINESS There were no items of Old Business. NEW BUSINESS There were no items of New Business LEGISLATIVE / INTERGOVERNMENTAL AFFARIS UPDATE There were no items for discussion. There were no items requiring action. ADMINISTRATIVE AGENDA VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:30 p.m. Aye:5 Nay:0 Date 5— Administrative Secretary / Deputy Clerk Agenda Information Memo June 1, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks, Recreation & Forestry divisions. Name Division Job Title Kathryn Brueggemann Cascade Bay Coordinator Lindsey Olson Cascade Bay Guest Services I Blake Westling Cascade Bay Pool Attendant I Thomas Clawson Cascade Bay Pool Attendant I Kristin Bruner Cascade Bay Pool Attendant I Ryan Marks Forestry Landscape Crew Laborer Charles Williams Forestry Landscape Crew Laborer Dan Rangitsch Forestry Landscape Crew Laborer Allen Mestad Forestry Landscape Crew Laborer Michael Thompson Forestry Landscape Crew Laborer Cody Johnson Parks Park Attendant Katie Merkley Parks Park Attendant Leah Ehret Parks Park Attendant Michael Podpeskar Parks Park Laborer Jennifer Schoenecker Parks Park Laborer Matt Bailey Parks Park Laborer Matthew Steele Parks Park Maintenance Chelsea Eaton Recreation Tennis Assistant Mark Hannasch Recreation Tennis Assistant Jenni Harms Recreation Tennis Assistant Anthony Lutovsky Recreation Tennis Assistant Hilleary Reinhardt Recreation Tennis Assistant Brian Donahue Recreation Tennis Instructor Nicole Fischer Recreation Tennis Instructor Sam Reinhardt Recreation Tennis Instructor 5101 Agenda Information Memo June 1, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 13, 2010 and May 20, 2010 as presented. ATTACHMENTS: • Check registers dated May 13, 2010 and May 20, 2010 are enclosed without page number. 7 Agenda Memo City Council Meeting June 1, 2010 CONSENT AGENDA: D. Tree Maintenance Contractor License for Dan Greenwaldt, Greenwaldt Tree Service ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Dan Greenwaldt, Greenwaldt Tree Service, 21553 301h Ave., Randall, MN 56475 FACTS: • Dan Greenwaldt has applied for Tree Maintenance Contractor license for 2010 and all requirements of the application have been met and the fee has been paid. • Staff recommends approval. ATTACHMENTS: None. The application is available for review in the Administration Department. Agenda Information Memo June 1, 2010, Eagan City Council Meeting E. APPROVE FIREWORKS PERMIT FOR RES SPECIALTY PYROTECHNICS INC. AND WAIVE THE $100.50 LICENSE FEE AS REQUESTED BY THE JULY 4TH FUNFEST COMMITTEE ACTIONS TO BE CONSIDERED: To approve the fireworks permit for RES Specialty Pyrotechnics Inc. and waive the license fee as requested by the July 4th Funfest Committee. FACTS: ➢ The July 4`" Funfest Committee, along with the City of Eagan, is sponsoring the July 4th fireworks display. ➢ RES Specialty Pyrotechnics, Inc. has applied for the fireworks permit and it has been deemed in order by the City's fire chief and fire marshal. ➢ The July 4`" Funfest Committee is requesting that the $100.50 permit fee be waived. ATTACHMENTS (2): Fireworks permit enclosed on pages /() through / 1 Letter requesting fee be waived from July 4th Funfest Committee enclosed on page �. NA, FROM :RES City of Satan 3830 Pilot Knob Road Eagan MN 55122 Phone; (651) 675 -5675 Fax: (661)675.5694 FAX NO. :9528732859 May. 21 2010 11:5” P2 Use BLUE or BLACK Ink `----------------- Permit 0: I I j Permit Fee: 1 Date Received; 1 Staff: 2010 FIREWORKS 1 PYROTECHNICS APPLICATION Avalloation must be comRlBted and returned at least 15 days prior to date of display and include: • Proof of a $1,000,000 Bond or Certificate of Insurance. • A diagram of the ground, or Indoor display Facilities, drawn to scale or wllh dimensions included, Illustrating the point at which the 0reworks/pyrotarhnlc special effects are to be discharged, location of ground places; location of all builoing% highways, streets, communication lines and other possible overhead obstructions: and the lines behind which the audience will be restrained. For proximate audience (e.g. Indoor displays), the diagram must also include die fallout radius for each pyrotechnic device used during the display_ • Nam" and ages of all assistants participating In the display Pyrotechnica plan-requires: Certifications that are set, scenery, and rigging materials am Inherently flame- retardant or have been treated to achieve flame retardancy.. (NFPA 1126: 4-3 2) Date of Display; July 4th. 2010 Time of Display a;%=- 10-OQ PM,_ Display Address: Ewan C7cxtt<nunri ty Cant•cr APPUCANT 1 Name: City of EaganlEagan -ji -- h of T „1.x . r fY1d PhoneSPONSORING — ORGANIZATION Address / Clt / ZI : 383 AUTHORIZED Name:., RES SPecialty -Pyrotechnics Phone: 959-873-31111 AGENT Address / Cit yalp: 21595.286th Street, SUPERVISING OPERATOR Name; Ery Haman Certificate Number: B0199 Manner 8 place of storage of fireworks / pyrotechnic spec let effects prior to display, NIA Delivered Day of Shaw Type of fireworks / pyrotechnic special effects prior to die lay: See Attached List Type of firsworkss / pyrotechnic special effects to be discharged: See Attached List Quantity: Permit Fee: a= (includes $.50 state surcharge) "if a fire watch is needed, an additional fee will be a isessed in accordance with the City's fee schedule CALL BEFORE YOU DIG. Cell Gopher State Onq Call at (651) 454- 0002for protection against underground utility damage_ Call 48 hours before you Intend to dig to receive locates of underground utilities. www gooherstateQllttia311,4t9 The State of Minnesota requires that this display be certified by the State Fire Marshal. and will pnwi a that or Discharge of the listod fireworks on the date and above Fire ted under the direct supervision of a pyrotechnic operator tand and agree to comply with all provisions of this application and the rks /pyrotechnic special effects are dischargad in a manner that will not Date: x5/21/10 Is hereby approved subject to the following conditions, if any: Date: JD FROM :RES FAX NO. :9528732859 May. 21 2010 11 :59AM P3 tt5blp. �RENM?:U? tW t WAlWiri4�ll INfIfA� �iS IIRa AM," = on Applicant instructions: 1. This application must be completed and returned at least 15 days prior to date of display. 2. Fee upon application is $_, and must be made payable to City of Eagan. Name of applicant (Sponsoring Organization): Eagan 4h of July Committee, City of Eagan Address of applicant: 3830 Pilot Knob Road, Eagan, MN 55122 Name of authorized agent of applicant: RES Specialty Pyrotechnics Inc. Address of agent: 21595 2136th Street, Belle Plaine, MN 56011 Telephone number of agent: 952.873 -3113 Date of display: July 0, 2010 Time of display: approx. 10:00 PM Location of display: Eagan Community Center Manner and place of storage of fireworkslpyrotechnic special effects prior to display: N/A - Delivered Day of Show. Type & number of flreworkslpyrotechnic special effects to be discharged: See Attached List Minnesota State law requires that this display be conducted under the direct supervision of a pyrotechnic operator certified by the State Fire Marshal. Name of supervising operator: Ery Haman I understand and agree to c hywlt authority, and will ensure th t thendanger persons or prope y e Signature of applicant (Or Certificate #: B0199 of this application and the requirements of the issuing special effects are discharged in a manner that will not of application: 5/21110 Required attachments: The following attachments must be included with this application: 1. Proof of a bond or certificate of insurano In the amount of at least S1,000.000.0o 2. A diagram of the grounds, or facilities (for Indoor displays), at which the display will be held. This diagram (drawn to scale or with dimensions included) must show the point at which the fireworks /pyrotechnic special effects are to be discharged; the location of ground pieces; the location of all buildings, highways, streets, communication lines and other possible overhead obstructions; and the lines behind which the audience will be restrained For proximate audience (e.g.. Indoor) displays, the diagram must also show the fallout radius for each pyrotechnlc device used during the display. S. Names and ages of all assistants that will be participating in the display. The discharge of the listed fireworks on the approved, subject to the following conditions, $ Signature of fire chief /county sheriff:, and at the location shown on this application is hereby Date: Signature of issuing authority: Date. EAGAN'S July 4th FYNFEST www.eaganfunfest.com May 25"', 2010 City of Eagan Permits and Licensing Mayor Maguire and the Council, The Eagan July 4t" Funfest Committee thanks the City of Eagan for the grand work and support to the committee for the Funfest event. We are writing to submit a request that the fee for our permit for the Funfest fireworks /pyrotechnic show be waived for July 4"', 2010. We will host the fireworks display on Sunday, July 4th. Please advise our Chairman, Raleigh Seelig of your decision on this matter. You may contact Raleigh at the contact information listed: Eagan's July 4t" Funfest Raleigh Seelig, Chairman 1774 Bluestone Drive Eagan. MN 55122 651 - 452 -4669 or email: r.seelig @comcast.net Thank you for your attention to this matter, Cory Hilden Secretary, Eagan's July 4th Funfest 10� Agenda Information Memo June 1, 2010, Eagan City Council Meeting F. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE FOR THE CAPONI ART PARK FOR A BOOK LAUNCH EVENT TO BE HELD ON JUNE 19, 2010 AT THE ART PARK, 1205 DIFFLEY ROAD, AND WAIVE THE $150 LICENSE FEE ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for the Caponi Art Park for a book launch event to be held on June 19, 2010. FACTS: ➢ The Caponi Art Park has requested a temporary on -sale liquor license be issued to them for a book launch event planned for June 19, 2010 at the Art Park. This event is being held to celebrate the publication of the Art Park founder's memoir and to introduce Caponi Art Park to the Twin Cities' literary community. ➢ There is no fee to attend the event and wine served will be provided free of charge to invited guests and members of the public with a strong interest in literature and the Caponi Art Park. The Caponi Art Park has requested that the $150.00 license fee be waived. ➢ Per the City's approved temporary on -sale liquor license procedures, a nonprofit organization applying for the temporary liquor license shall require those consuming alcoholic beverages to wear a wristband after being identified by a valid photograph identification. Cheryl Caponi contacted staff and requested a deviation from the wristband procedure and stated, in the attached letter, that guests will be asked for identification. They will then have their hand stamped to show that they are of legal drinking age and servers will be instructed to look for the stamp prior to serving any alcohol. As a point of comparison, the Eagan Foundation issued small wine glasses to guests in lieu of a wristband, which indicated that ID had been checked and the guest was of legal drinking age. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for their approval. ATTACHMENTS (1): ➢ Letter requesting fee waivef and identifying temporary license procedures with site map enclosed on pages through T 13 4 CAPONI LEARNING CENTER BOARD OF DIRECTORS THOMAS EGAN, President KARILYN RYAN, Secretary CHIP LINDEKE, Treasurer ANTHONY CAPON] CHERYL CAPONI CARY FELBAB SUE HEGARTY JULI SEYDELL JOHNSON WENDY RAWAY MERRI SCHREIBER ROBERT GAVIN, JR, Honorary Member 1205 Diffley Road Eagan, MN 55123 651 - 454 -9412 info @ capon iartpark.org www.caponiartpark.org May 25, 2010 Mayor Mike Maguire and Council Members City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Maguire and Council Members, I am writing on behalf of the Caponi Art Park board of directors to apply for a temporary liquor license for a Book Launch party that will be held at the Art Park on June 19, 2010. The purpose of the event is to celebrate the publication of the Art Park founder's memoir and to introduce Caponi Art Park to the Twin Cities' literary community. I am also requesting a waiver for the license fee. To be required to pay the fee would cause a real financial hardship for us since we are not collecting money from our guests. Guests are not paying to attend the party or to purchase alcohol. Wine will be served as a part of the appetizers offered. We will be selling the book at the event any proceeds will go to support the Art Park. Event details: Only wine will be served. We anticipate no more than 100 guests. The event will take place in a controlled area of the Art Park grounds on the north side of Diffley Road. See the attached map. The on -site manager in charge will be Heather Westerlund, Caponi Art Park Program Coordinator. Guests will check -in and have their hand stamped as they enter the park, marking they are eligible to drink alcohol. The wine will be served from a specific table that will have a sign posting no alcohol service to anyone under 21. Servers will be instructed to look for a hand stamp before serving and to not provide alcohol to anyone who appears to be intoxicated. Caponi Art Park has a track record of successfully hosting similar activities. Thank you for your consideration. Sincerely, (21& � T . Cheryl iaponi Executive Director IT L E � L L U C 7 N J U) 0 T O L O f0 ma O CA z �o N i N t+ � H C z OA O LL- OD N O m v 41 c U to U D M N_ -0 C E U j > "O f0 N N M O N U , 4J � R O d Z a LL a W V) a s H B O W O© ® ®O❑ 1 II : !'T gh Y O O OC w O '^ o y -a a a; o Y R M a n M N 40 C O N Y M 41 y E c °h' O. y CU O a m O N ,OO O N t0 L w 40 O tp O Y+ v 1%1 0: Q U �. N O N f+ ` �c M CL to M�'�v o. m a o n °1 01 a m = CL 'co 0 O I� 2 0 u ) o E a O CA z �o N i N t+ � H C z OA O LL- OD N O m v 41 c U to U D M N_ -0 C E U j > "O f0 N N M O N U , 4J � R O d Z a LL a W V) a s H B O W O© ® ®O❑ 1 II : !'T gh Y O O OC w O N y L � LU 0 0 Z3 m � � c LLJ C V H y Q d V N = \ b 3 > a F- cu 3 U 5 a o E o u o v J O N C W \ i Val m ~ :!t o ac0. c N > C O D in o °' Y o\ c N E m Q e \ L v1 w o E 8 J N 0 41 N \ 3 \ \ O W �w o r .Q oo = v v v t c w_ U w o E 2 v m co > Ui H m 1 N N L" G V Z � J (y u N J 00000000(2)00 4 Q =a Z ¢ O w a z z ¢ w x w d Q a z A N W H 0p d U t a a M Y M is cv y W G 02 C �� o a o a • M W W U �! C) z Z Z as Qw U .j to w W Q U V U N ao o� �o r 0 z z `a '^ o y V OD a i 0 u C Y R M a c fQ CL 41 u • N Y M 41 Y d U O v '^ O. M 0p J9 c. > Z y _ IL .0 a • • N y L � LU 0 0 Z3 m � � c LLJ C V H y Q d V N = \ b 3 > a F- cu 3 U 5 a o E o u o v J O N C W \ i Val m ~ :!t o ac0. c N > C O D in o °' Y o\ c N E m Q e \ L v1 w o E 8 J N 0 41 N \ 3 \ \ O W �w o r .Q oo = v v v t c w_ U w o E 2 v m co > Ui H m 1 N N L" G V Z � J (y u N J 00000000(2)00 4 Q =a Z ¢ O w a z z ¢ w x w d Q a z A N W H 0p d U t a a M Y M is cv y W G 02 C �� o a o a • M W W U �! C) z Z Z as Qw U .j to w W Q U V U N ao o� �o r 0 z z `a Agenda Information Memo June 1, 2010, Eagan City Council Meeting G. APPROVE OFF -SALE LIQUOR LICENSE FOR CHAMROEUN UNG, DBA MT LIQUORY LOCATED AT 1629 LENA COURT #105 ACTION TO BE CONSIDERED: To approve the off -sale liquor license for Chamroeun Ung, dba MT Liquory located at 1629 Lena Court #105. FACTS: ➢ An off -sale liquor license has been applied for by Chamroeun Ung who is the sole proprietor of the establishment. ➢ The off -sale liquor store will be located in the Centennial Ridge retail center. ➢ The City is aware of an issue of delinquent State taxes regarding the seller. This appears to be a matter for consideration among the buyer, seller and the State, and does not impact the buyer's qualifications to hold an off -sale liquor license per the Eagan City Code. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): 51 Agenda Information Memo June 1, 2010 Eagan City Council H. FINAL SUBDIVISION (LINDSTROM ACRES 2ND ADDITION) ACTION TO BE CONSIDERED: To approve a Final Subdivision (Lindstrom Acres 2 "d Addition) of two lots upon 3.76 acres, which relocates the lot lines upon 2950 and 2953 Skyline Drive. REQUIRED VOTE FOR APPROVAL: Majority of Council members present. FACTS: ➢ The Preliminary Subdivision was approved July 15, 2008. An extension of the Preliminary Subdivision approval to July 15, 2010 was granted in July of 2009. ➢ The site consists to two developed single family lots and the subdivision splits off the southerly 195 feet from the easterly lot and combines that with the westerly lot. )0- No new development is associated with this subdivision. ➢ All documents and Agreements for the Final Subdivision are anticipated to be received and in order for execution at the regular meeting of the City Council. ATTACHMENTS (2): Location Map, Pa e Final Plat, page /7 Fagan Boundary Right-of-way wcvl Ara Location Map oPaarkAron2 Buf1ding Footprint . .. . . ....... C .......... .. .. .. . . . ....... ... ...... NO, M 95 ca 1 D 0a cl rj V, ■ N ■c 0 dills °moo ,a 1�:w as � _ vm 10 Will A gi i IF Ogg TODD 0 IODO 2000 Feet Development/Developer. Lindstrom 2nd Addition N 401` t of Ea p THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+ E The City of Eagan and Pokot: County do not guarantee the accuracy of this Information and are S C.r.munfty DDVW*Pnwnt Dop-amp"t at responsible for errors or omissions. yr 1 z x °z �y a uhf oac _ w A bg O a mV zV Ni? ru yi 2FCOCm FF z E Po s� i G _ �9 P Oe x V E° - G. 2 n _ � � c -Oa ✓�iC 2-p' E? C,� '��a fK 5 ?<❑ �>.aN y�2c VE2 e9 o° 9� y1 1 - ------ - - - - -- - - - - -- ----`- — -- - - - - -- , --- - - - - -- - — — — — — — -{ LWA ^' t • — — — — — — ( — — — — v — - ------------ i ODOR LtMml ■ Z �aJ *• I I 1 Y U� in a W i �• i 11 w w cm 0 cv W W V W i� Agenda Information Memo Eagan City Council Meeting Consent Agenda June 1, 2010 I. AUTHORIZE PREPARATION OF AMENDMENT OF HID POLICY TO CONFORM TO UPDATED STATUTE ACTION TO BE CONSIDERED: To authorize the preparation of an amendment of the City Policy regarding Housing Improvement Districts to conform to statutory amendments enacted during the 2010 Legislative Session. FACTS: • Minnesota statutes permit cities to create Housing Improvement Districts (HID) under certain standards and procedures. A HID is a financing tool that permits a homeowners association to request the use of public financing and the assessment of the proportionate costs for common area improvements through the property tax system. The purpose of the tool is to provide a reliable source of financing for improvements intended to preserve and enhance the condition and value of the property. • In 2005 in keeping with the Council goal to preserve expand the City's economic viability through policies that encourage maintenance and reinvestment in properties, the City approved a policy pertaining to the consideration of HIDs. The policy has been applied to the creation of two districts to date and application for a third is being processed at this time. • The policy requires that the association have a reserve plan in place that can cover the cost of future improvements, that the improvements are deemed necessary and appropriate by a third party and that other alternatives to finance the improvements have been explored and exhausted. • In the 2010 Legislative Session, amendments of the enabling statute were approved that clarify and refine the application of the tool. In particular, the amendment raises the minimum number of residents petitioning for the creation of a district to 50% of owners (consistent with Eagan's existing policy) and the minimum number of objections to prevent implementation of a District to 45% of owners (higher than the current City policy). • Staff is requesting authorization to prepare the appropriate amendment to bring the City Policy into conformance with the amended statute. ATTACHMENTS: • None. ON Agenda Information Memo Eagan City Council Meeting Consent Agenda June 1, 2010 J. AUTHORIZE PREPARATION OF TRANSIT IMPROVEMENT AREA APPLICATION FOR CEDAR GROVE REDEVELOPMENT DISTRICT ACTION TO BE CONSIDERED: To authorize the preparation of an application for the designation of the Cedar Grove Redevelopment District as a Transit Improvement Area. FACTS: • The 2008 Legislature created a designation for Transportation Improvement Areas to permit the allocation of forms of financial assistance to higher intensity development and redevelopment areas within' /2 mile of transit stations. To date, the loan program intended to support such districts remains unfunded because of the state budget challenges. • In recognition of the availability of federal funding that is also intended to support such areas, the Minnesota Department of Employment and Economic Development has been directed to distribute application materials and consider applications for the designation. The expectation is that the designation will better position eligible projects for current federal funding and other funding at such time as it may become available. • The Cedar Grove Redevelopment District aligns very favorably with the criteria for the designation and staff is requesting authorization to prepare an application for the program. ATTACHMENTS: • Program description on pageop� a/ Purpose: Application Deadline: The Minnesota Department of Employment and Economic Development (DEED) is accepting applications for the desig- nation of Transit Improvement Areas (TIA). Established by the 2008 legislature, M.S. §§ 469.35 and 469.351 were created to designate land parcels in proximity to bus rapid transit, light rail transit and commuter rail stations. Upon designation, TIAs would be eligible to receive loan dollars to help fund projects that increase the effectiveness of transit by incorporating com- mercial, residential, or mixed -use development and provide for safe, pedestrian friendly use. Unfortunately the program remains unfunded since its inception. However, with the recent availability of federal funds targeted towards transit and sustainable communities, DEED has been requested to make designations with the intention of leveraging applications for other sources of funding. Applications are only encouraged from applicants seeking federal funding or those that find applying beneficial for other immediate funding purposes. Eligible Applicants: Statutory or home rule charter cities Counties • Joint powers boards • Eligible applicants must submit a Transit Improvement Area plan. Qualifying Plans: The entire transit Improvement Area must be within 1/2 mile radius of the transit station. The transit station must support at a minimum one of the following modes: bus rapid transit, light rail transit, or commuter rail. The transit station must be operational by the year 2020. • The TIA plan must incorporate transit with commercial, residential, or mixed -use development. • Plans with a residential component must provide a minimum of 12 units per acre or a density bonus that allows for an increase in the number of residential units. The application deadline for the 2010 calendar year is July 16t1 at 4:00 pm. An applicant may seek designation for more than one TIA; however, separate applications must be completed for each. The application is available for download at: http://www.positivelyminriesota.com/Government/ Community_ Development _Resources /Transit_Im prove - ment_Areas /index.aspx Need more information? DEED will be hosting two workshops in the Metro area. Topics discussed will include details pertaining to the application pro- cess, completing the application and other statutory require- ments. June 3, 2010 at 11:00 am held at the DEED office V National Bank Building 332 Minnesota Street Ste E200 St. Paul, MN 55101 June 8, 2010 at 2:00 pm held at the Anoka County Library, Mississippi Branch 410 Mississippi Street Northeast Fridley, MN 55432 If you have additional questions, please contact Meredith Udoibok at 651- 259 -7454 or Erin Welle at 651- 259 -7431. r/ qPOSITIVELY National Bank Building • 332 Minnesota Street Suite E200'- Saint Paul, MN 55101 -1351 USA SfJ Phone: 651.259.7114, 800.6573858 • TTY /TDD: 651.296..3900 Department of Emp4oyma Land Economic Devs4m`nt www.PositivelyMinnesota.com ... Agenda Information Memo Eagan City Council Meeting Consent Agenda June 1, 2010 K. DEED REDEVELOPMENT GRANT APPLICATION FOR CEDAR GROVE INFRASTRUCTURE IMPROVEMENTS ACTION TO BE CONSIDERED: AUTHORIZE preparation of DEED Redevelopment Grant Application for infrastructure improvements in Cedar Grove Redevelopment District. FACTS: ➢ The Redevelopment Grant Program was established by The Minnesota Department of Employment and Economic Development (DEED) to help communities with the costs of redeveloping blighted industrial, residential, or commercial sites and putting land back into productive use. ➢ DEED is making $3 million available this year to fund this program. However, at least half the money will be awarded to outstate applicants. ➢ If awarded, grants pay up to half of redevelopment costs for a qualifying site, with a 50- percent local match. ➢ Eligible uses of grant funds include land acquisition, demolition, infrastructure improvements, soil stabilization, ponding or other environmental infrastructure and adaptive reuse of buildings. ➢ The intent of the Eagan application is to request assistance with infrastructure improvements within the Cedar Grove Redevelopment Area, specifically the upgrade and realignment of Cedarvale Boulevard (to be renamed Cedar Grove Boulevard) to correspond with conceptual layout of the core development area. ➢ The upgrade of Cedar Grove Boulevard is among the projects proposed to be constructed in the 2011 Capital Improvement Plan, pending funding availability. The overall project cost is estimated to be $1 million. City Fund estimates are approximately $500,000, therefore the city may request grant funding up to $500,000. ATTACHMENTS: • None. a3 Agenda Information Memo Eagan City Council Meeting Consent Agenda June 1, 2010 L. DIRECT PREPARATION OF CODE AMENDMENT REGARDING OUTDOOR BOILER REGULATION ACTION TO BE CONSIDERED: To direct the preparation of a City Code Amendment for the regulation of the location of outdoor boilers. FACTS: Outdoor boilers have become an increasingly prevalent heating appliance for homes and other structures in rural areas. The boilers are located outside the structure to be heated and connected to the interior heating system by pipes containing a liquid heating medium. They are typically fired by wood, fuel pellets, corn or other fuel stock. • The plumbing code provides standards under which the units can be installed and safely operated for a number of applications. The challenge that has been recognized by a number of communities is that the operation of the boilers typically generates substantial smoke that can create a nuisance for people on neighboring properties. • While the smoke usually dissipates in rural settings, the frequency and intensity of impacts on neighbors increases where homes and buildings are in higher densities and closer proximities. A number of neighboring cities have already amended their codes to address this situation and, most recently, the City of Inver Grove Heights has enacted a moratorium to permit time to consider a code amendment for their community. • While the City of Eagan has yet to receive complaints in this regard, staff is suggesting that the City be proactive in considering appropriate regulations in advance of problems being reported and ahead of the next heating season. Staff is not suggesting a moratorium at this time, but if the Council provides this direction, will move this item forward expeditiously to have the APC consider the matter and return a recommendation to the Council in the near future. ATTACHMENTS: • None. Agenda Information Memo June 1, 2010 Eagan City Council Meeting M. REZONING /COMPREHENSIVE GUIDE PLAN AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to initiate a Comprehensive Guide Plan Amendment and Rezoning for City -owned property located at 2980 Lone Oak Circle. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The subject property is a .7 acre site currently functions a Eagan Fire Station Two and is zoned PF, Public Facility and guided QP, Quasi - Public /Institutional. ➢ The site is totally surrounded by properties that are zoned, guided and used for industrial purposes. ➢ The Fire Safety Campus at Wescott Woodlands and Yankee Doodle Road is currently under construction and anticipated to be completed in 2011. Upon completion, Fire Station Two operations will move to the new facility. ➢ Once the move is made, the City will have no need for the site at 2980 Lone Oak. In order to successfully market the site for sale purposes, it would behoove the City to change the Land Use Designation and Zoning to Industrial, IND and I -1, respectively. ATTACHMENTS: (1) Location Map on page. e;is- �'! �. a� ``elf ,. � :: Agenda Information Memo June 1, 2010 Eagan City Council Meeting N. WINTER TRAIL MAINTENANCE PROGRAM (2009 -2010) ACTION TO BE CONSIDERED: Approve specific additions and modifications to the 2010 -2011 Winter Trail Maintenance Program as endorsed by consensus at the May 11 Council Workshop. FACTS: In 1998, the City implemented a comprehensive Winter Trail Maintenance Program providing for the snow removal of approximately 50% of the City's transportation trail system adjacent to collector /arterial streets (currently 72.93 miles of 113.55 mile trail system). Part of that program includes a policy that, among other things, stipulates that the Council will review all requests and new additions for possible modification of the most current adopted plan. In 2003, the Council amended its Policy to require that all future requests be reviewed by the Council at the first available work session after April 1st before formal consideration at a regular Council meeting. At the May 11 Council workshop, the Council received and considered 6 segments resulting from 1 Citizen Petition (CP) and 5 New Trail (NT) segments constructed in 2009. As a result of that workshop discussion, the following consensus was reached: 1. CP #1 (Wescott Station Park - Internal Trail) • Denied — This requested segment is considered a "Recreational" trail to an internal park with no connections to any other plowed transportation trail system. As such, it does not meet the criteria for the Winter Trail Maintenance Program. It was determined that it provided more of a local neighborhood benefit which might be better handled by the adjacent neighborhood. The Parks Director was directed to work with the City Attorney's office and interested neighbors to see if there is an opportunity for the City to facilitate a private contractor performing the work for the neighborhood. 2. NT #1 (North side of Diffley Rd — Rahn to Blackhawk) • Endorsed adding this newly constructed trail segment along the north side to accommodate more users from the higher density residential development of Diffley Commons. However, this addition was with the condition that the maintained segment along the south side be removed so that there will no net increase the overall Winter Trail Maintenance Program. 3. NT #2 (Gold Trail — Lincoln Place) • Denied — This local residential sidewalk does not meet the criteria for the current Winter Trail Maintenance Program nor does it connect to any existing plowed transportation trail segments. There was interest expressed to have transit oriented criteria prepared for future Council consideration under which this segment may qualify in the future. 4. NT #3 (Towerview Rd — Towerview Park to Pilot Knob Rd) • Denied — This segment did not provide continuity to the existing system and appeared to serve more as a local benefit to the adjacent Timberwood Village neighborhood. 5. NT #4 (Opperman Dr — TH 149 to YMCA) • Denied — This segment does not provide connection or continuity to any existing winter maintained system. 6. NT #5 (Marsh Cove — Dodd Rd frontage) • Denied — This segment does not provide connection or continuity to any existing winter maintained system. ATTACHMENTS: • Location map of all segments, enclosed on pagA. r ZroWa-0rel m P-1 •- v 11 Lei oFm Lei F F9 QW...0 S' Plowed In 2009-2010 N Citizen Petition - CP #1 Date 4/30/2010 Prepared by. City of Eagan Street Dept, SH New Trail - Kjlfil,2,3,4,5 File: L� �cmLstreetsVrails�plowrteslIO-1118xll—route oansiderations 10 11.mxd Agenda Information Memo June 1, 2010 Eagan City Council Meeting O. CONTRACT 10 -01, BLACKHAWK ROAD / KENNEBEC DRIVE STREET IMPROVEMENTS JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement with Dakota County for Traffic Signal Revisions at Diffley Road & Blackhawk Road (Contract 10 -01) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 10 -01 provides for the street improvements of Blackhawk Road (City Project 10 15) and Kennebec Drive (Project 1024), as outlined and discussed in the respective feasibility reports for each project. • In addition to typical street improvements, revisions to the existing traffic signal and related minor improvements to the intersection of Blackhawk Road and Diffley Road (CSAH 30) will be completed as part of this contract. • The traffic signal system is operated and maintained by Dakota County. • An agreement between the City of Eagan and the Dakota County Transportation Department has been prepared providing for the construction of the traffic signal revisions and related minor intersection improvements. As set forth in the agreement, the City's financial share of these improvements is 50% of the construction costs for the traffic signal revisions and 45% of the construction costs for the minor related items while the County's financial share for these improvements will be 50% and 55 %, respectively (Estimated Total Construction= $175,000). The City of Eagan's share of $86,250 will be the responsibility of the Major Street Fund. City staff have reviewed this agreement and found it to be similar to other previous construction project agreements and in order for favorable Council action. a9l Agenda Memo City Council Meeting June 1, 2010 CONSENT AGENDA: P. Tobacco License for Chamroeun Ung, MT Liquory, 1629 Lena Court #105 ACTION TO BE CONSIDERED: Approve a license to sell tobacco products for Chamroeun Ung, MT Liquory, 1629 Lena Court #105 FACTS: • Chamroeun Ung has purchased the MT Liquory store located at 1629 Lena Court • The store will be continue to operate under the name MT Liquory. • All requirements of the application have been met and fees have been paid. • The Police Department conducted a background check and found no reason to deny the application. ATTACHMENTS: None. The application is available for review in the Administration Department. 310 Agenda Information Memo June 1, 2010, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE —1482 PINETREE TRAIL (BLAINE HERDEGEN) ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for denial) a Variance to exceed the maximum 20% building coverage by 1.7 %, fordproperty located at 1482 Pinetree Trail, legally described as Lot 3, Block 2, Walden Heights, 2° Addition, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The applicant proposes to construct a two -story addition on the west side of the home. ➢ R -1 (Single - family Residential) zoning limits building coverage to a maximum of 20 %. ➢ The lot is 13,453 sq. ft. in area and existing building coverage is 19.67 %. ➢ The proposed addition adds 268 sq. ft. of building coverage to the property resulting in a total building coverage of 2,914 sq. ft. or 21.67 %. ➢ This exceeds the 20% maximum by 1.67 %. ➢ The proposed addition appears architecturally compatible with the existing house and satisfies setback and other zoning requirements. ➢ The acceptability of this proposal is a policy matter to be determined by City officials. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: July 6, 2010 ATTACHMENTS (2): Location Map, pages? t4im r Planning Report, page through L -3/ Location Map ms s Thomas Lake Park L n k d ! Ddfl•y Rd IF Cliff Rd YMap Area Extent . r R Walden Heights,Park �AEn O Q 9 a a F DELORES LANE COVIN G'rO ti Walden Heights Park Park 1 �ofnn ca ly�F. t S N George Ohmann Park PH�u� L Subject Site tLL, V G nC'C DR F r: GF Ei0 GtP h uRi 2 i 3 ono o $ (OFF o� risen Lebanon Hills Regional Park I Feet 0 500 1,000 2,000 Project Name: 1482 Pinetree Trail Legend Request: Variance J=111 Case No.: 33- VA- 03 -05 -10 1'"" ity Boundary Parcels Parks Buildings N City of Eap �� PLANNING REPORT CITY OF EAGAN REPORT DATE: May 27, 2010 APPLICANT: Blaine Herdegen PROPERTY OWNER: Blaine Herdegen REQUEST: Variance LOCATION: 1482 Pinetree Trail CASE: 33- VA- 03 -05 -10 HEARING DATE: June 1, 2010 APPLICATION DATE: May 7, 2010 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R -1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance to exceed the maximum 20% building coverage by 1.7 %, for property located at 1482 Pinetree Trail, legally described as Lot 3, Block 2, Walden Heights, 2nd Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Staff Report — 1482 Pinetree Trail (Herdegen) June 1, 2010 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. g. Whether the property for which the variance is requested is in compliance with the City Code. CODE REQUIREMENTS Section 11.60 subdivision 5E bulk standards in the R -1 district, limits building coverage to 20 percent maximum. BACKGROUNDMISTORY The subject property was platted in 2000 as Lot 3, Block 2, Walden Heights 2nd Addition. EXISTING CONDITIONS The lot contains a 2,646 square foot single- family house with attached garage constructed in 2002. The lot is 13,453 square feet in area. Existing building coverage is 19.67 %. This property slopes down from east to west, and the house is a walkout design. This lot sits is at a higher elevation than the neighboring property, with a retaining wall along the west side lot line. PROPOSAL The applicant proposes to construct a two -story addition on the west side of the home in the location of the existing deck. The proposed addition is a 14'6" x 18'6" and adds 268 sq. ft. of building coverage to the property. With the proposed addition, building coverage will total 2,914 sq. ft. which equates to a 21.67% building coverage ratio. This exceeds the 20% allowed maximum by 1.67 %. The proposed addition appears to be architecturally compatible with the existing structure. Clerestory windows on the west elevation, one arched to match existing windows on the home, maintain privacy to the neighboring home. Exterior materials should match those on the existing building. The submitted floor plans also show a future deck, however, uncovered decks are not counted toward building coverage. Staff Report — 1482 Pinetree Trail (Herdegen) June 1, 2010 APPLICANT'S ESTIMATE OF HARDSHIP The zoning code defines hardship as a situation where property in question cannot be put to a reasonable use under the conditions allowed by the official controls where the plight of the landowner is due to circumstances unique to this property, not created by the landowner. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls. The applicant describes a growing family as the impetus for the home addition. In addition, the applicant states that the current economic conditions make it financially infeasible to move. The applicant's narrative makes reference to the amount of street frontage reducing the lot size resulting in the need for a variance. While the amount of street frontage does not affect the base lot area used in determining the building coverage ratio, it does entail larger setbacks and reduces the buildable area of the lot. EVALUATION OF REQUEST Setbacks — It appears that the proposed addition satisfies the minimum 10' side yard setback. This corner lot has street frontage on both the north and east sides. For purposes of setbacks, the Zoning Code defines the rear yard as the lot line opposite the shortest street frontage. Consequently, the lot line opposite the longer street frontage is the side yard. Thus, a 10' side yard setback applies to the proposed addition. The Applicant will need to identify the lot line and verify the setback at the time of the footing inspection. Impervious Coverage — The lot is not within a Shoreland Overlay District. Therefore limits on impervious surface coverage do not apply. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The subject site is approximately 13,453 sq. ft. in area, which exceeds the minimum lot size requirement of 12,000 square feet in the R -1 zoning district. Since a single family dwelling with attached garage is present on the site, it does not appear as though special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are present on the property. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building coverage provision is to prevent the overcrowding of properties and to provide green space. Since the request is to exceed the amount of building coverage, it appears the request may be contrary to the intent of the ordinance. A demonstrable difficulty is required to grant relief from the maximum building coverage requirement. The applicant is requesting relief from the required maximum building coverage Staff Report — 1482 Pinetree Trail (Herdegen) June 1, 2010 Page 4 requirement to allow for the construction of a 268 square foot addition. The applicant's narrative indicates that an expanding family and financial considerations which make it economically infeasible to move are prompting the proposed home expansion. A reasonable use, single family dwelling with attached garage, is present on the site, so the owner has the same use as others in this area and would have the same opportunity for use of the property without relief from the Zoning Ordinance. SUMMARY /CONCLUSION The owner is requesting approval of a variance to allow a home addition. The proposed addition results in building coverage of 21.67 %, which exceeds the City Code maximum of 20 %. The proposed addition appears architecturally compatible with the existing house, and satisfies setback and other zoning requirements. City policymakers will need to determine if an adequate hardship has been presented and that the factors for considering a Variance are applicable. ACTION TO BE CONSIDERED To approve a Variance to exceed the maximum 20% building coverage by 1/7% for a house addition, for property located at 1482 Pinetree Trail, legally described as Lot 3, Block 2, Walden Heights 2nd Addition. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The Applicant shall obtain a building permit prior to construction of the addition. 3. The Applicant shall identify the property line and verify compliance with required setbacks at the time of the footing inspection. 4. The addition shall be constructed of exterior materials to match the existing structure. 7LI Location Map -- - _ -- ° - ° C S.A.H. N0.92 (CLIFF ROAD Heights Park IIIII ►e�� Ile I::i Lebanon Hills Regional Park Project Name: 1482 Pinetree Trail Request: Variance Case No.: 33- VA- 03 -05 -10 City of EaQau �37 IN l� kr CWRd lieell�r _I Map Area Extent MINIS ®OP- p QO U= C 0o Oe / U i Feet 0 500 1,000 2,000 Legend .,.,1i ■ 91fni City Boundary Parcels Parks Buildings N bd rwl _ � y R00Ep�//yytt�� CONSULTING ENGINEERS, \\432-3000 S J. MAURER CONST. , PLANNERS and LAND SURVEYORS PROJECT NO. 10575.00 PCOMPRNY, NGINEERING BOOK INC. PAGE 1000 EAST 146th STREET, BURNSVILLE, MINNESOTA 5533 CERTIFICATE OF SURVEY Legal Description: SCALE : 1" = 30' LOT AREA = 13,453 SF HOUSE AREA = 2,646 SF (INCLUDES PORCH) /9.67 Co ✓6E ADDaS5: 1482 - NE7RCE —IL — LOT 3, BLOCK 2, WALDEN HEIGHTS 2ND ADDITION, DAKOTA COUNTY, MINNESOTA. �-3, DENOTES EXISTING ELEVATION 943,, DENOTES PROPOSED ELEVATION INDICATES DIRECTION OF SURFACE DRAINAGE 17 = FINISHED GARAGE FLOOR ELEVATION X37 1Z = BASEMENT FLOOR ELEVATION 9 5-, 3 = TOP OF FOUNDATION ELEVATION Na �'G •' 3:! k a e S�c�oc f o r 4e, /-t4vl/ / 3 &AW X121: $A✓ MA ON e- ,9A iA55 A-r NE'L y ayz. OF CaT T,= 936 -5Z m D z 0 c ut m 3 m z i- i 1�1 , 1J.� Li -, La - s-� . F-AG- AN R IEN I I E W IE D 51 Lt f'eivc, r RECEIVED MAY it 7 70'�P hereby certify that this is a true and correct representation of a tract as shown and described ereon. As prepared by me this 60 day of Feget4W , 2002. N 0-ZO -ay : FjEuiSE S7R& -7 NA,IE n �0 „� / /K,/`' / /��c{ Min rti. Reg. No. 19086 -31 TY31313'ntl --;NIMT Ts' Jl 11 11 —7b1 019L6 III 77 5R O LLJ LLI Blaine Herdegen May 7, 2010 1482 Pinetree Trail Eagan, MN 55122 To: Eagan City Council Members, My name is Blaine Herdegen and I live at 1482 Pinetree Trail. In 20061 purchased my home here in Eagan (unfortunately - just prior to the collapse of the housing market). At that time I was single and had plenty of room for myself. I am now married and have 2 step children. I no longer have 2 extra bedrooms or my choice of bathrooms. Of course one option would be to purchase a larger home - but based on recent sales in the neighborhood I would have a difficult time trying to sell my home for what I paid and to be honest we all like it here. I'm proposing an addition to create desired space now that we're a family of four. After submitting the plans to the city I have learned that I would be over the 20% allotment (21.54 %). I have also learned how surveyors go about calculating this which brings me to my next hardship. My lot sits on what amounts to the tip of a peninsula with over 230 feet of curb line (most homes in the neighborhood are around 100 feet). Since these figures are based upon measuring 25 feet in from the center of the street - I'm "giving up" well over 2,500 sq. ft. of green space compared to roughly 1000 sq. ft. like my neighbors. In other words, if this same house, with the exact same lot was situated on the straight part of Pinetree Trail I would not need a variance. So I'm asking you to please consider this application for a 1.54% variance based upon the information I`ve shared. Thank you for your time, `i Blaine Herdegen '+l Agenda Information Memo June 1, 2010 Eagan City Council Meeting PUBL - ICAEAMS68 B. Amend 2010 Fee Schedule for State surcharge on permits and printing charge for color copies. ACTION TO BE CONSIDERED: • To close the public hearing and amend the 2010 Fee Schedule as follows: • Increase State surcharge on permits from $.50 to $5.00, effective July 1; and • Add fee for color copies (8.5x 11) of $1.00 per copy, effective immediately. FACTS: Per MN Statutes 462.353 notice of fee schedule changes is to be published at least ten days prior to a public hearing. The notice was published May 22. In 2010, to solve some of the Dept of Labor and Industry's immediate revenue problems, the State Legislature enacted a temporary (one year only —July 1, 2010 through June 30, 2011) increase in the surcharge fees applicable to fixed -fee permits. The fee was increased from $.50 to $5.00. The City is required to pay the $5.00 charge to the State. Incorporating this change into the fee schedule will allow the State's charge to be passed through to the permit applicant. Occasionally, organizations that book rooms at the Community Center have color copying needs on the day of room rental. At present, Community Center staff is charging such organizations the same fee for color copies as for black and white —$.25 /copy. While we haven't determined an exact amount, it is safe to say the City's cost per color copy is higher than that. FedEx Office charges $.59 /color copy. Going forward, staff would accommodate the occasional request for a copy or two from our higher volume room rental customers at no charge, but to discourage use of the City's copier as a print shop undercutting our local printing businesses, a rate of $1.00 /color copy for high - volume requests is proposed. ATTACHMENTS: • "Surcharge fee increase background information" prepared by the Dept of Labor & Industry is attached on pagel$ . m 443 Lafayette Road N. MINNESOTA DEPARTMENT OF (651) 284 -5005 w Paul, Mi.gesota55155 LABOR & INDUSTRY 1-800-DIAL-DLI www.dii.mn.gov TTY: (651 297 -4198 April 21, 2010 Surcharge fee increase background information The economic downturn in the construction industry has significantly impacted the Construction Codes fund. The downturn has greatly diminished the annual revenue the Department of Labor and Industry's (DLI) Construction Codes and Licensing Division (CCLD) receives from plan reviews, permits, licenses and surcharges. CCLD's revenue is also hampered by the ongoing annual transfer of $1.515 million from its Construction Codes fund. This fund is a State Government Special Revenue fund and not a General fund account. Yet, during the 2007 session, the Legislature required DLI to transfer $1,627,000 by June 30, 2008; $3,515,000 by June 30, 2009; and $1,515,000 each year thereafter from the Construction Codes fund to the General fund (Chapter 135, Article 1, Section 16). Since 2005, approximately $12 million of CCLD funds have been transferred to the General Fund. In 2009, $3.515 million was transferred to the General fund, which forced CCLD to lay off 13 staff, cancel contractor education programs and spring and fall seminars, and reshuffle programs to meet budgets. During the 2010 session, CCLD attempted to eliminate this year's $1.515 million transfer. Instead, the first legislative budget proposed an additional $1 million be transferred from the Construction Codes fund to the General fund. Minnesota's construction industry then stepped up and asked the legislature to reconsider its budget proposal. In response, the Legislature removed the $1 million transfer, kept in the $1.515 million transfer in place and raised the minimum state building permit surcharge fees applicable to fixed fee permits for one year from 50 cents to $5 (July 1, 2010, until June 30, 201 1). Next session, CCLD will again try to remove the annual $1.515 million transfer from the Construction Codes fund to the General fund during its budget submittals. CCLD's preference was to remove the yearly transfer and not raise the surcharge fee. The decision to raise surcharge fees was made by legislative finance committees and was packaged into a large finance and budget bill that was signed by the Governor. More information about the minimum state building permit surcharge legislative change is online at www.dIi.mn.gov /CCLD /SurchargeChange.asp. #3 This information can be provided to you in alternative formats (Braille, large print or audio). An Equal Opportunity Employer Agenda Information Memo June 1, 2010 Eagan City Council Meeting A. CONDITIONAL USE PERMIT — SUPERIOR GOLF CARS ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow outdoor storage of golf cars, car carrier trailers and semi trailers on property located at 3640 Kennebec Drive, legally described as Lot 5, Block 2, Cedar Industrial Park, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers Present FACTS: The subject property is zoned I -1 (Limited Industrial) NB (Neighborhood Business) which allows outdoor storage via a Conditional Use Permit (CUP). The applicant leases the larger of the two buildings on the site. Due to a lease situation in Shakopee, the applicant has been storing the golf cars on the subject property. ➢ The applicant is proposing to store up to 140 golf cars outdoors, during the winter months, with an additional 200 golf cars stored indoors. Additionally, nine trailers are proposed to be stored in the front yard. Since staff's visit to the site, parking stalls have been striped. Suggested conditions of approval include a revised Site Plan, a Landscape Plan and applicant/owner action associated with trash and recycling containers. Outdoor storage in the front yard is inconsistent with the City's outdoor storage standards. City policy makers should determine the suitability of front yard storage at this location. ➢ The Advisory Planning Commission held a Public Hearing on May 25, 2010 and is recommending approval. 60 DAY AGENCY ACTION DEADLINE: June 9, 2010 ISSUES: None ATTACHMENTS (3): Location map on page. Draft May 25, 2010 APC minutes n ges� through Staff report on pages iroug�. TT Location Map o� Subject Site J Woodhaven Project Name: Superior Golf Cars Request: Conditional Use Permit Case Nos.: 17- CU- 05 -04 -10 City of Eap OV Sky Hill Park �• I Feet 0 500 1,000 2,000 Legend wns 16 1Id City Boundary Parcels Parks Buildings N B. Superior Golf Cars Applicant Name: Superior Golf Cars Location: 3640 Kennebec Drive; Lot 5, Block 2, EX PT LY NE OF LINE COM AT PT IN SE LINE 182.5 FT SW OF MOST E COR NW PARR WITH NE LINE TO NW LINE & EX PT LY SW'LY OF A LINE BEG AT PT ON SE LINE 156.26 FT NE FROM MOST S COR NW PARR SW LINE TO NW'LY LINE & THERE TERM CEDAR INDUSTRIAL PARK Application: Conditional Use Permit A Conditional Use Permit for outdoor storage of golf cars. File Number: 17- CU- 05 -04 -10 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated May 7, 2010. He noted the background and history. Member Supina stated the site was striped for 26 parking spaces when he visited earlier in the day. Building owner Paul Gonyea and Ted Carlson, representing Superior Golf Cars, stated agreement with the staff report and were available for questions. Chair Chavez stated he visited the site at 2 :45 p.m. and noticed several golf cars displayed in the grass and asked the applicant about that display /storage. Mr. Carlson commented that that was not a typical situation and that plans for a monument sign that whould alleviate the need for any outdoor display were being discussed. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion; back to the Commission. Member Piper explained that although Platinum Group Holdings, described as an investor in Superior Golf Cars, is a client of his law firm but that he has not worked with the company, therefore will vote on the item. Member Filipi moved, Member Piper seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of golf cars, car carrier trailers and semi trailers on property located at 3640 Kennebec Drive legally described as Lot 5, Block 2, Cedar Industrial Park, subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant shall submit a revised Site Plan by June 15, 2010. In addition to the information provided on the plan dated April 30, 2010, the revised Site Plan shall also depict parking stall locations for customers and current/future employees. 3. Parking stalls, per the revised Site Plan, shall be striped no later than August 1, 2010. 4. The outdoor storage shall be limited to 140 golf cars and nine trailers, and storage shall occur in the designated areas as indicated on the Site Plan dated April 30, 2010. 5. If after review by the City, it is determined that additional on -site parking is needed due to extensive on- street parking, additional on -site parking must be provided within one year of notice to the Applicant or its successors or assigns; or the trailer storage parking shall be terminated. 6. Details of a 100% opaque 8' fence to screen the outdoor trailer storage from public right -of- way shall be provided for review and approval by City staff no later than July 1, 2010 and installed no later than August 1, 2010. 7. The applicant shall submit a Landscape Plan for approval by City Staff no later than July 1, 2010 and installation of the landscaping shall be completed by October 1, 2010. 8. The applicant shall store trash /recycling containers inside the building or in an enclosure that meets City Code requirements and is constructed no later than August 1, 2010. 9. City Code violations pertaining to expired license tabs, non- licensed trucks, outdoor display of golf cars and outdoor storage of pallets and tires shall be corrected immediately. Chair Chavez stated the rational for support is as described by the following excerpts from the staff report, pages three and four under Outdoor Storage Requirements. • full enclosure of this area does not appear necessary given the use, location and surrounding uses. • unable to store these larger trailers in back of the building due to the c lose proximity of the neighboring building, extremely uneven ground, and utility poles along the lot line obstructing access to the rear gate." The existing buildings are wide (130 x 195) and located toward the rear of the property. A vote was taken. All voted in favor. Motion carried 5 -0. 4-1 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 7, 2010 APPLICANT: Superior Golf Cars PROPERTY OWNER: Paul Gonyea REQUEST: Conditional Use Permit LOCATION: 3640 Kennebec Drive CASE: 17- CU- 05 -04 -10 HEARING DATE: May 25, 2010 APPLICATION DATE: April 21, 2010 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of golf cars, car carrier trailers and semi trailers on property located at 3640 Kennebec Drive legally described as Lot 5, Block 2, Cedar Industrial Park. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. 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. Planning Report — Superior Golf Car CUP May 25, 2010 Page 2 4. 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. 5. 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. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY Superior Golf Cars will sell, service and lease new and used Club Car brand golf cars from the subject property. A large portion of the business involves service and delivery; therefore, Superior Golf Cars will also operate a small fleet of service vans, delivery trucks and trailers from the site. EXISTING CONDITIONS There are two existing buildings on the site. The main building (17,500 SF), which Superior Golf Cars leases, was constructed in 1973. The smaller building (7,600 SF), on the western side of the property, is currently leased to a separate entity. The buildings are separated by a 15 -foot alley which is secured with a gated chain link fence. A chain link fence is also located upon the rear property line and is gated on the eastern side of the property. City staff visited the site on May 3, 2010 and observed trash and recycling containers that were not located within an enclosure. On the site visit, staff also observed a van with expired tabs, a truck located in the 15 -foot alley without license plates, and wooden pallets and a tire adjacent to the eastern building wall. Storage of these items is not permitted by City Code and should be addressed immediately. SURROUNDING USES '+9 Planning Report — Superior Golf Car CUP May 25, 2010 Page 3 The subject site is surrounded by I -1, Limited Industrial properties. EVALUATION OF REQUEST Compatibility with Surrounding Area — The subject site is surrounded by industrial properties with outdoor storage nearby. Outdoor storage is typical in Industrial areas. Proposal — The applicant is proposing to store up to 140 golf cars outdoors, during the winter months, with an additional 200 golf cars stored indoors. Additionally, nine trailers are proposed to be stored in the front yard. According to the applicant's narrative, "It would be Superior's intent if our customer demands for winter car storage exceed these requirements to locate and rent additional indoor storage in Eagan." Hours of operation are Monday through Friday 8:00am to 5:00pm, and 8:00am to 12:00pm on Saturdays; there are currently 10 fulltime employees. The outdoor storage already exists due to a leasing issue at Superior's former location in Shakopee. Site Plan — The outdoor storage of the golf cars is proposed in the rear yard of the site and the outdoor storage of the trailers is proposed in the front yard of the site. There will be a 12 foot drive aisle between the rows of golf cars. The City Fire Marshal has reviewed the proposed plan and found fire access to be acceptable. Outdoor Storage Requirements — 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (I -2) zoning districts, the enclosure may be detached from the principal building. The entire rear yard, where the golf cars will be located, is enclosed by a chain link fence; however, the proposed trailer storage in the front yard will not be fully enclosed. An 8 foot fence is proposed on the north and west sides of the front storage area, and a building abuts the south side; however, the east side of the storage area provides open access to the existing parking lot. Full enclosure of this area does not appear necessary given the use, location and surrounding uses. 2. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The golf car storage area is located in the rear yard; however, the trailer storage is proposed for the front yard. According to the applicant's narrative, "Unfortunately we are unable to store these larger trailers in back of the building due to the close proximity 0 Planning Report — Superior Golf Car CUP May 25, 2010 Page 4 of the neighboring building, extremely uneven ground, and utility poles along the lot line obstructing access to the rear gate." The existing buildings are wide (130 x 195) and located toward the rear of the property. This minimizes the storage location possibilities in the side and rear yards. The proposed front yard storage is a decision for City policy makers. 3. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The applicant proposes an 8 foot, 80% opaque, fence to screen the outdoor storage area that will be visible from the public- right -of way. The screening standard for landscape screening is 75% opacity at time of installation. The assumption is as the landscaping matures the opacity will increase. The applicant should install a 100% opaque fence and provide the fence details for review and approval by City staff. 4. The storage area shall not interfere with any pedestrian or vehicular movement. Drive aisles will be maintained in the storage areas that will not affect vehicular movement, there is limited pedestrian movement. 5. The storage area shall not take up required parking spaces or landscaping areas. The parking requirement for the existing buildings is 34 stalls; the Site Plan does not indicate how many stalls exist. From a site visit it appears there is enough parking on the site to meet parking requirements; however, the parking area is not striped. The applicant is proposing to utilize approximately 14 parking spaces for the outdoor storage of trailers. The applicant's narrative states an expectation of additional employs to be added over the next three years. Customer and current /future employee parking should be depicted on a revised Site Plan and striped as part of this approval. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The outdoor storage is proposed to be located on existing bituminous pavement. Landscaping — Landscaping is intended to screen parking /storage areas and to soften the appearance of a developed site. Current landscaping is inadequate to meet the screening requirements of the City Code as described above. Since the applicant proposes outdoor storage to be located in a front yard, landscaping of perimeter yard setback areas and for screening purposes should be established on the site. A detailed landscape plan prepared by a registered Landscape Architect should be submitted for review and approval by City staff. City Code also requires that all landscaped areas be served by automatic irrigation. Storm Drainage — Storm water runoff from this site is accommodated by an existing storm sewer system. S) Planning Report — Superior Golf Car CUP May 25, 2010 Page 5 Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Access — Access to the site is currently from two driveways onto Kennebec Drive and will remain unchanged with this development. The parking and storage areas are paved with bituminous asphalt. SUMMARY /CONCLUSION The applicant is proposing outdoor storage of up to 140 golf cars and nine trailers for transporting the golf cars. The applicant will sell, service and lease new and used Club Car brand golf cars from the subject property. The applicant will also operate a small fleet of service vans, delivery trucks and trailers from the site. The golf car storage is proposed to occur in the rear yard and the trailer storage in the front yard. Other than an 8 ft fence proposed to screen the trailers, no additional improvements are proposed for the site. The proposed golf car and trailer storage satisfies all but two of the six performance standards in the zoning ordinance that apply to outside storage. The two standards not met are storage in the front yard and the proposed trailer storage may occupy required parking stalls. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of golf cars, car carrier trailers and semi trailers on property located at 3640 Kennebec Drive legally described as Lot 5, Block 2, Cedar Industrial Park. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant shall submit a revised Site Plan by June 15, 2010. In addition to the information provided on the plan dated April 30, 2010, the revised Site Plan shall also depict parking stall locations for customers and current /future employees. 3. Parking stalls, per the revised Site Plan, shall be striped no later than August 1, 2010. 4. The outdoor storage shall be limited to 140 golf cars and nine trailers, and storage shall occur in the designated areas as indicated on the Site Plan dated April 30, 2010. 5. If after review by the City, it is determined that additional on -site parking is needed due to extensive on- street parking, additional on -site parking must be provided within one year of notice to the Applicant or its successors or assigns; or the trailer storage parking shall be terminated. 5_6_� Planning Report — Superior Golf Car CUP May 25, 2010 Page 6 6. Details of a 100% opaque 8' fence to screen the outdoor trailer storage from public right -of- way shall be provided for review and approval by City staff no later than July 1, 2010 and installed no later than August 1, 2010. 7. The applicant shall submit a Landscape Plan for approval by City Staff no later than July 1, 2010 and installation of the landscaping shall be completed by October 1, 2010. 8. The applicant shall store trash/recycling containers inside the building or in an enclosure that meets City Code requirements and is constructed no later than August 1, 2010. 9. City Code violations pertaining to expired license tabs, non - licensed trucks and outdoor storage of pallets and tires shall be corrected immediately. 6,3 Location Map I I I I I Feet 0 500 1,000 2,000 Project Name: Superior Golf Cars Request: Conditional Use Permit Case Nos.: 17- CU- 05 -04 -10 54, City of Eap � Legend J 011 O 1ei1i City Boundary Parcels \ Parks Buildings N Current Zoning and Comprehensive Guide Plan Superior Golf Cars Land Use Map Conditional Use Permit 17- CU- 05 -04 -10 Zoning Map Location 6�� m Current Zoning: Limited Industrial '0 F777771 +VM�)sn ��r ► � � +rs � taa ■ a � 7 _- Parcel base map Inform a tlon provided by Dakota County Land Survey Department Decmber 1007, h Zoning Information maintained by City Staff, Cityof Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY w+ e The City of Eagan and Dakota County do not guarantee the accuracy of this information. S ► � � +rs � taa ■ a � 7 _- Parcel base map Inform a tlon provided by Dakota County Land Survey Department Decmber 1007, h Zoning Information maintained by City Staff, Cityof Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY w+ e The City of Eagan and Dakota County do not guarantee the accuracy of this information. S � a � Sk-� r v`" ,y' + ' 7 _ , •� - ': f ' mac' � � t - - � .. 4 � f }a ` t � h �� " �:' yet �, � 4i { � -�•r'} t a "- � ; 4 its y ° #� '� ,+ � i. : \! • � .f l��/ e _ • `: •i, i rl � �� {f -.`' �t �.�� € iMy,� I f'. * ,�,� --�. Aim, +.� ;; i`fff` // ♦_.- I'��Y. r t is -"l., ; � x { e., ". �f � ►� � �.t �a � '' z' .. '` 'L'.� r r �•' fis ]ljf i. ( .i IL y � '^' t • .�� ' � ' �� -! at �L� �,' '� j fir' y� !* ! , t \ t r r J _ _ ."F -a-Fe Q' �, i-.. .., l.:N• � 1 -/ � 'l Z ✓i9 i- - cttt� t 1 t ! i t ` y - rJt..• .� � as R 'a •ate � { t 9�c �}� '':♦ �' 7 �r � t k� �t. 3�'a'� $�'a �# a,"?aa :K �7 - .`i t •1i ♦ - �'�` �f " ^r't�i..f y1 iii }$ � Y.:s �k � -{ `�� i _ p t y 'Je •t ,�F, �:_:9 "`�?ti''~ Y �., A' S i r r5 ,�', •� k e4 �t� f, �.� '� 1- c .. �Y. l LU ui SITE PLAN o < Lij z 1) z LL Lu (L V§ Q) LLJ Q. < LU W Q� �n LU R 7, 9 N v C,P-? C= C-4 CID C=> Lij LU ry Platinum Golf Cars LLC dba Superior Golf CarsRECEIVED MAY 0 3 pp� CUP Request Narrative Superior Golf Cars acquired the exclusive distribution rights that cover eastern Minnesota and western Wisconsin for Club Car's golf car line. Based in Augusta, Ga., Club Car manufactures and markets the world's leading golf, transportation and utility vehicles for the golf, utility and transport, private owner and rough terrain markets. Club Car's image is one that portrays quality. Club Car's distributors must pass a rigorous due diligence process in order to receive an exclusive contract. The company's vehicles are sold and serviced through a worldwide network of more than 600 dealers, distributors and branch offices. The site drawings represents the whole property, landscaping, and buildings as they currently exist. The one exception would be the proposed 8' tall 80% opaque screening to be erected in front, to screen the trailer storage area. Superior Golf Cars will sell, service, and lease new and used Club Car brand golf cars to golf courses, country clubs and other markets from the office in Eagan. A large part of our business involves service and the delivery of our parts and golf cars to our customers. As such Superior will operate a small fleet of service vans and delivery trucks & trailers. It is necessary to operate a few large trailers with big swing radii to economically transport fleets of cars. These trailers are 5 place 30 foot, 10 place 40 foot gooseneck trailers and 20 place 55' automotive style car transporters. The submitted drawing show a total of 9 trailers in the area out front and represents a very optimistic potential future requirement. Unfortunately we are unable to store these larger trailers in back of the building due to the close proximity of the neighboring building, extremely uneven ground, and utility poles along the lot line that obstructing access to rear gate. Superior's vehicle storage requirements are seasonal with the lowest requirements for space in the summer months to the highest requirements during the winter months when 140 cars would be stored outdoors and another 200 inside. It would be Superior's intent if our customer demands for winter car storage exceed these requirements to locate and rent additional indoor storage in Eagan. An example would be the annex building on the west side of the property across the 15' alley, which we currently do not lease from Gonyea Commercial Properties, but do have an option on, in our lease. Superior currently employees 10 people, most of which are located at the Eagan office. As the business grows the number of employees will likely increase to 20+ employees within three years. Typical hours of operation are 8 am - 5 pm Monday through Friday and Sam - noon on Saturday's. Normally we would have applied for our CUP prior to moving in; unfortunately 5 the previous owner allowed their existing lease to lapse in Shakopee and Superior was forced to move with very little advanced warning. Dan O'Brien the President of Superior is a long term resident of Eagan and would prefer to grow the business in Eagan. Superior is a good potential business for the city of Eagan because Club Car is a prestigious manufacturer and the clientele are mostly businesses. This business model fits well with the existing businesses that surround this location and Superior has potential to expand its employment base with desirable jobs for Eagan residents. Superior is financially secure and well managed by the virtue of being an investment of the Platinum Group Holdings II. Platinum Group Holdings II is a private equity fund that seeks majority positions in underperforming companies or those in critical transition in need of turnaround capital and management expertise. "The economy has hit many industries very hard over the past year and the golf car industry is no exception," according to Dean Bachelor, chairman of Platinum Group. "In the face of these difficult times, the Platinum Group Holdings II fund is providing the needed capital and management to ensure a viable and healthy future for the company." The company has moved its operations from Shakopee to Eagan. The newly hired president for Superior Golf Cars is Dan O'Brien, who has three years of experience managing Tiziani Golf Car of Minnesota and 12 years as former director of U.S. sales for Club Car. Since 2007, he has been charmel sales and dealer development manager for Toro's compact equipment business. Glaydon Iverson, a partner of Platinum Group, will be the new company's CFO. Dan O'Brien is actively involved in the Eagan community. Dan serves as the Chairman of Faithful Shepherd Catholic School and as a At -Large director of Eagan Traveling Basketball. Platinum Group has invested in 17 companies over the past 15 years through its private equity funds, including majority ownership in N- Compass Teclunologies, LLC, Law Enforcement Targets, Inc. and G.C. Peterson Machinery Company. The Eden Prairie -based firm also provides interim management and consulting services to both underperforming and growing private companies. For more information, visit www.ThePlatinumGrp.com. Gonyea Commercial Properties is the owner of 3640 Kennebec Drive. In the past the building was known for its blight on the area. Paul Gonyea and his company have owned the building for over three years and have invested well over $300,000 in the redevelopment of this property. Gonyea owns several buildings in Eagan including the building to the rear /east where the proposed outside storage would occur. Ste( Agenda Information Memo June 1, 2010 Eagan City Council Meeting B. 5 YR. CIP - PART III, PUBLIC WORKS INFRASTRUCTURE (2011 -2015) ACTION TO BE CONSIDERED: Approve the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2011 -2015) and authorize the initiation of the public improvement process for the 2011 programmed improvements. FACTS: • At the Council Workshop held on May 11, the Public Works Department presented a draft of their proposed 5 -year Capital Improvement Plan (CIP) for 2011 -2015. After review and discussion, the Council concurred with the proposed CIP as presented and directed it to the June 1 Council meeting for consideration of formal adoption. • Since that time, an error was discovered in the Major Street Pro -Form (Exhibit 1) that over estimated the 5 year revenues expected from the Municipal State Aid System by $1.038 million. This results in the Major Street Fund Balance being reduced to $7.245 at the end of 2015. A revised Major Street Pro -forma (Exhibit 1) and the CIP — Financing (All Fund Summary — Exhibit 3) is enclosed. • While the total 5 year CIP amounts to $60.1 million, the first year (2011) proposed improvements amount to approximately $23.9 million, nearly twice the 5 year average, making this the largest program year in the CIP. A summary of the 2011 improvements and a location map have been pulled out as an attachment for a quick review. • With the adoption of this 5 -year Public Works CIP and authorization to initiate the public improvement process for the 2011 projects, it will allow the necessary coordination with other agencies and the appropriate studies, notices and hearings to be completed in 2010 with the solicitation of bids in early 2011 providing for the best opportunity of competitive prices. • A copy of the final adopted CIP will be placed in the Wescott Library and posted on the City's web site for easy reference by all interested parties. ATTACHMENTS: • Major Street Fund Pro -Forma (Exhibit 1), page. • All Fund Summary (Exhibit 3), page a . • Location map of Proposed 2011 Improvements, pa e &3 • Summary of Proposed 2011 Improvements, pages through_. • 5 -year Public Works CIP (2011- 2015), 3 ring binder previously distributed). 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