The URL can be used to link to this page

06/19/2012 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JUNE 19, 2012 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE P 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 5 A. APPROVE MINUTES P Id B. PERSONNEL ITEMS C. APPROVE Check Registers 5 D. APPROVE a resolution adopting and implementing the performance benchmarks developed by the Council on Local Results and Innovation P , A \ E. APPROVE Amended Lease Agreement for JBL Companies for 3795 Pilot Knob Road Property P . as F. APPROVE Extension of recording Final Plat — Eagan Car Club �5 P G. H. APPROVE Trail Maintenance Agreement with Dakota County RECIEVE Petition to Vacate Public Service Road Easement, Lot 2, Block 1 Cedar Industrial j,o Q Park, and Schedule a Public Hearing for July 17, 2012 I. AWARD Contract 12 -09, City -Wide Parking Lot Improvements Pdcl ' 3% J. RECEIVE Petition to Vacate Public Drainage & Utility Easement, Lot 2, Block 1 Northwood Business Park 3rd Addition, and Schedule a Public Hearing for July 17, 2012 3y K. APPROVE Election Judges for the August 14, 2012 Primary Election L. APPROVE Resolution authorizing the City Clerk to appoint Deputy City Clerks for the purpose of election administration P' X11 M. APPROVE Absentee Ballot Board Judges for the August 14, 2012 Primary Election Aa N. APPROVE Off -Sale Liquor License for Javinos Wines, Inc. DBA Javinos Wines, 3926 Cedar Grove Parkway P y3 O. APPROVE Conduit Lease Agreement With Windstream Subject to Final Revision by the y 4 City Attorney's Office Q . P. CANCEL July 10, 2012 Special City Council Meeting P AE� Q. AUTHORIZE Submittal of a Minnesota Business Development Capital Projects Grant Program Application — Pilot Knob Road, Yankee Doodle Road to Central Parkway /Northwood Parkway p, �q R. APPROVE Final Planned Development for Northwood Townhomes V. 2011 COMPREHENSIVE ANNUAL FINANCIAL REPORT VI. PUBLIC HEARINGS VII. OLD BUSINESS VIII. NEW BUSINESS P A. COMPREHENSIVE GUIDE PLAN AMENDMENT - Parkview Golf Course/ Hunter Emerson —A Comprehensive Guide Plan Amendment from private recreation to Low Density residential located at 1310 Cliff Road IX. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this time) XI. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT IN 4b� City of Eagan In TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 15, 2012 SUBJECT: AGENDA INFORMATION FOR JUNE 19, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 19, 2012 City Council agenda, the following items are in order for consideration. Agenda Information Memo June 19, 2012 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 22, 2012 Special City Council meeting as presented or modified. To approve the minutes of the June 5, 2012 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of May 22, 2012 Special City Council meeting are enclosed on page through �` . • Minutes of June 5, 2012 Regular City Council meeting are enclosed on page g through \ 5 MINUTES SPECIAL CITY COUNCIL MEETING MAY 22, 2012 5:30 P.M. LUNCHROOM —EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Hedges and Assistant City Administrator Miller. I. ROLL CALL AND ADOPTION OF AGENDA City Administrator Hedges noted a request for the City Council to consider the addition of 4th of July Funfest Licenses, Fees, and Fireworks contract to the agenda. Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt the agenda as amended. Aye: 5 Nay: 0 II. JULY 4TH FUNFEST LICESNES, FEES AND FIREOWRKS CONTRACT City Administrator Hedges introduced the item, noting that the 4th of July Funfest Committee has submitted the required applications for permits, licenses, etc. in association with the 40h of July Funfest. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Shows License for the Eagan Funfest Committee and a Temporary On -Sale Liquor License for the Eagan Lions for the July 4th Funfest. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to waive the fees for the Shows License, Temporary On -Sale Liquor License, Special Event permit, Eagan Community Center rentals and outdoor park area rentals. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the 2012 contract for July 4th Fireworks and authorize the Mayor and City Clerk to sign all appropriate documents. Aye: 5 Nay: 0 III. VISITORS TO BE HEARD There were no visitors to be heard. IV. INTERVIEW DIRECTOR OF PUBLIC WORKS CANDIDATES The City Council interviewed three finalists for the position of Public Works Director: John Mazzitello, Mark Knoff, and Russ Matthys. XI Special City Council Minutes May 22, 2012 Page 2 Upon completion of the three, 30- minute interviews, there was unanimous City Council consensus to offer the Director of Public Works position to Russ Matthys for formal consideration at the June 5 City Council meeting. V. GOALS UPDATE The City Council reviewed the progress to date on the 2011 -2012 City Goals. VI. ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:15 p.m. Aye: 5 Nay: 0 Date Mayor Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 5, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Ed & Caryl Crozier were present and addressed the Council regarding renovation of the Old Cedar Avenue Bridge. The City Council discussed the issue and asked staff to follow up with a letter to the City of Bloomington encouraging their acceptance of $2 million in federal funding to begin the design and specification stage to determine what is needed to restore the bridge. Kim Bernard & Gary Wilkie were present and addressed the Council requesting an amendment to City Code to permit backyard chickens in a clean, safe, and sanitary environment. City Council discussed the issue and asked staff to research and to report back at a future City Council workshop. A regular meeting of the Eagan City Council was held on Tuesday, June 5, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Chief McDonald, Fire Chief Scott, Communications Director Garrison and Director of Parks and Recreation Johnson and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented/modified. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION The City Council and Police Chief McDonald recognized Detective Lori Tripp for her 32 years of service and retirement from the City. The City Council recognized Tom Hedges as 2011 Communicator of the Year by Minnesota Association of Government Communicators. CONSENT AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the May 15, 2012, regular City Council meeting and the minutes of the May 8, 2012, Special City Council meeting as presented or modified B. PERSONNEL ITEMS 1. It was recommended to approve the hiring of Catherine Gadient, PT Office Support/GIS Specialist at Central Maintenance Facility 2. It was recommended to approve the hiring of Marie Segar, PT Fire Prevention Specialist 3. It was recommended to approve the hiring of Patrol Officers Calvin Tschida and Michael Schneider with the Police Department 4. It was recommended to approve the promotion of Russ Matthys for the position of Public Works Director 5. It was recommended to approve the hiring of seasonal employees C. It was recommended to approve Check Registers dated May 11, May 21, and May 25, 2012 D. It was recommended to approve the updated JPA for the ABLE (Apple Valley, Burnsville, Lakeville, Eagan) fire training facility E. It was recommended to approve a resolution to accept a $2,500 donation from CenterPoint Energy for the Fire Department for a rescue tool City Council Meeting Minutes June 5, 2012 2 page F. It was recommended to approve a resolution to accept a $5,000 donation from Casper's for the Fire Department for new firefighter helmets G. It was recommended to declare certain banners to be government signs for purpose of their display on the light poles on Central Parkway H. It was recommended to approve the Final Planned Development and Final Subdivision Stonehaven 4t' Addition I. It was recommended to approve a Resolution Offering Social Security to Elected Officials Covered by the PERA Defined Contribution Plan J. It was recommended to approve a Resolution to accept a donation from Norma King to plant a tree in Thomas Lake Park and authorize the necessary budget adjustment K. It was recommended to approve the Manager Change of the On -Sale 3.2 Percent Malt Liquor (Beer) License for West End Gun Club L. It was recommended to approve the Encroachment Agreement — Oakwood Heights 3`a Addition M. It was recommended to approve the Plans & Specs and Authorize Bids for Contract 12 -11 (2012 City- wide Trail Improvements) N. It was recommended to approve the Joint Powers Agreement with Dakota County Transportation Department for Pilot Knob Road Corridor Study (Project 1095) O. It was recommended to approve the Appeal Process for Water Meter Surcharges P. It was recommended to award Contract 12 -10, City-Wide Storm Sewer Improvements Q. It was recommended to approve the submission of an application for a Farmers Market Promotion Program Grant from the United State Department of Agriculture. R. It was recommended to approve the Annual Maintenance Agreement for Contract 11 -14 Conduit/Fiber to MP Nexlevel Consent E. Chief Scott introduced Shayna Bailey, Field Operations Advisor with CenterPoint Energy who presented the Eagan Fire Department with a $2,500 donation. Consent F. Chief Scott gave a brief summary of the $5,000 donation from Casper's to the Eagan Fire Department. There were no items for discussion. PUBLIC HEARINGS OLD BUSINESS ORDINANCE AMENDMENT — TO CHAPTER 10 RELATIVE TO OFF -LEASH DOG AREA REGULATIONS City Administrator Hedges introduced the item, noting that at the February 21 City Council meeting, the City Council directed preparation of an amendment to Chapter 10 relative to Off -Leash Dog Area regulations for the new off -leash dog area opening at Thresher Fields Park in the Summer of 2012. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to City Code Chapter 10 relative to off -leash dog area regulations, direct the City Attorney to publish the amendment in the legal newspaper, and approve a resolution amending the City Fee Schedule as amended. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - TO CHAPTER 11 RELATIVE TO ESTABLISHING A MAXIMUM DENSITY FOR PROPERTIES ABUTTING A MINIMUM MAINTENANCE ROAD City Administrator Hedges introduced the item regarding establishing a maximum density for properties on a minimum maintenance road. The ordinance amendment would establish a maximum density of one dwelling unit per parcel to prevent further subdivision of property and intensification of development along such until such time as the street is upgraded and the minimum maintenance designation can be removed. City Planner Ridley gave a staff report. 9 City Council Meeting Minutes June 5, 2012 3 page Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve an ordinance amendment to City Code Chapter 11, Section 11.70, relative to establishing a maximum density for properties on a minimum maintenance road. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT — LONE OAK GRILL - TO ALLOW AN EXPANDED PATIO WITH A GAMING AREA, OUTDOOR PATIO DINING, AND MODIFICATION OF EXTERIOR BUILDING MATERIALS LOCATED AT 3010 EAGANDALE PLACE IN THE NE 1/4 OF SECTION 10 City Administrator Hedges introduced the item stating the Advisory Planning Commission held a public hearing on May 22 and is recommending approval of the Planned Development Amendment. City Planner Ridley gave a staff report. City Council invited the applicant Joel Lehman to comment. Mr. Lehman conveyed his excitement in bringing a new dynamic, restaurant concept to Eagan in this space that will include outdoor activities such as bocce ball and curling. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to a Planned Development Amendment to allow an expanded patio with a gaming area, outdoor patio dining and modification of exterior building materials for property located at 3010 Eagandale Place, subject to the conditions listed in the APC minutes. Aye: 5 Nay: 0 ADOPT THE 5 YEAR PUBLIC WORKS CAPITAL IMPROVEMENT PLAN (2013 -2017) AND AUTHORIZE THE IMPLEMENTATION OF THE 2013 IMPROVEMENTS City Administrator Hedges introduced the item noting the 5 year Capital Improvement Plan (2013 -2017) Public Works Infrastructure (Part III) was presented at the Council Workshop on May 8, 2012. Director of Public Works Matthys gave a staff report. Mayor Maguire asked if anyone in the audience would like to comment on the 5 -year plan. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2013 -2017) and authorized the initiation of the public improvement process for the 2013 programmed improvements. Aye: 5 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. CITY ATTORNEY There were no items for discussion. CITY COUNCIL COMMENTS ADMINISTRATIVE AGENDA 10 City Council Meeting Minutes June 5, 2012 4 page Mayor Maguire noted that Councilmembers Fields and Tilley have fled for re- election to the Eagan City Council. Councilmember Bakken noted there is a transit of Venus, a dark disk moving across the face of the Sun happening today. CITY ADMINISTRATOR City Administrator Hedges noted under Consent Agenda Item B the hiring of Russ Matthys as Director of Public Works. The City Council congratulated Matthys. DIRECTOR OF PUBLIC WORKS There were no items for discussion. DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted in the Development /Construction Activity Update that Murphy Warehouse is in the process of acquiring the property at 905 Yankee Doodle Road, the former Snyder's /Only Deals property. VISITORS TO BE HEARD Maureen Keegan was present and asked whether a transit station is planned at Cliff Road & Cedar Avenue. Councilmember Hansen and City staff responded to her questions. ADJOURNMENT Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:22 p.m. Aye: 5 Nay: 0 Date Mayor Clerk Agenda Information Memo June 19, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve termination of Desiree Kramer, Fire Department Administrative Assistant. FACTS: • The City Council previously approved the hiring of Desiree Kramer at the Council meeting on May 1, 2012. • Her employment began June 4, 2012 and ended June 12. Item 2. ACTION TO BE CONSIDERED: Approve hiring of Ashley Swenson, Fire Department Administrative Assistant. FACTS: • With the position vacated, Fire staff re- interviewed another finalist for the Administrative Assistant position. Item 3. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Kintzi, Nathan Cascade Bay Building & Grounds Attendant Hemmingson, Mike Parks Customer Service Assistant Sames, Emily Parks GIS Intern �a Olson, Sarah Cascade Bay Guest Relations Crewmember Farrington, Elise Cascade Bay Lifeguard Mensen, Chris Parks Park Maintenance Worker Rocheleau, Chase Cascade Bay Pool Attendant Hawkins, Liz Parks & Rec Recreation Assistant Joyce, Elizabeth Parks & Rec Recreation Assistant Mott, Ryan Parks & Rec Recreation Assistant Thiele, Krista Parks & Rec Recreation Assistant 13 Agenda Information Memo June 19, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 1, June 8, and June 15, 2012 as presented. ATTACHMENTS: Check registers dated June 1, June 8 and June 15, 2012 are enclosed without page number. �L� Agenda Information Memo June 19, 2012 Eagan City Council Meeting D. APPROVE A RESOLUTION ADOPTING AND IMPLEMENTING THE PERFORMANCE BENCHMARKS DEVELOPED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION ACTION TO BE CONSIDERED: To approve a resolution adopting and implementing the performance benchmarks developed by the Council on Local Results and Innovation. FACTS: • The 2010 State Legislature enacted legislation calling for the Council on Results and Innovation to establish a standard set of performance measures for cities. • The performance measures are intended to aid residents, taxpayers, and state and local elected officials in determining the efficacy of cities in providing services. • The Council established these performance measurements and solicits voluntary participation each year through the Office of the State Auditor. • In addition to the results generated from participation, benefits to participating cities include remuneration of $0.14 per capita and exemption from levy limits. • Sufficient flexibility exists to allow a city to participate on both a cost effective and activity- specific basis. • The Eagan City Council passed the same resolution in 2011 and participated in the program. The required community survey was completed via the web site in conjunction with the League of Minnesota Cities. The City received $8,989 in LGA in January of 2012 as its remuneration for participation. ATTACHMENTS: • Enclosed is a copy of the resolution on pages I (P and I� • Enclosed on pages too through ,� is a copy of the survey results for 2011. CITY OF EAGAN RESOLUTION NO. RESOLUTION APPROVING PERFORMANCE MEASURES WHEREAS, the State Legislature created the Council on Local Results and Innovation; and WHEREAS, the Council released a standard set of performance measures for counties and cities that will aid residents, taxpayers and state and local elected officials in determining the efficacy of counties and cities in providing services and measure residents' opinions of those services; and WHEREAS, cities and counties that choose to participate in the new performance measurement program may be eligible for a reimbursement from Local Government Aid and exemption from levy limits. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan does hereby approve the following Performance Measures and will publish the results of the Performance Measures prior to December 31, 2013. Performance Indicator General Citizen survey - quality of services Citizen survey - overall appearance Percent change in the taxable property market value Police Citizen survey rating safety or ...Part I and II crime rates Police response times Fire Citizen survey - quality of services or ISO rating Fire response times Streets Citizen survey - quality of road conditions or... Average pavement condition rating. Citizen survey - quality of snow plowing Water Citizen survey - quality and dependability Operating cost per million gallons Sanitary sewer Citizen survey - quality and dependability Number of sewer blockages Parks and Recreation Citizen survey - quality of services k�Q APPROVED by the City Council of the City of Eagan, Minnesota, this 19th day of June 2012. ATTEST: Christina M. Scipioni, City Clerk \11 CITY OF EAGAN Mike Maguire, Mayor Eagan Residents Survey Results Rating overall appearance of the city Excellent 28 Good 42 Fair 7 Poor 0 Don't know 0 Total Responses 77 Describing overall feeling of safety in the city Very Safe 53 Good Somewhat Safe 18 2 Somewhat unsafe 6 Don't know Very Unsafe 0 Don't know 0 Somewh 77 Safe 23% Fair 00/ Somewhat xcellent 36% Rating the overall quality of fire protection services in the city Excellent 38 Good 22 Fair 2 Poor 0 Don't know 15 77 Fair 3% fa Don't know 29 Safe 1% Excellent 49 Rating the overall condition of city streets Excellent 23 Good 37 Fair 15 Poor 2 Don't know 0 77 Poor 48 Rating the overall quality of snowplowing on city streets Excellent 23 Good 32 Fair 11 Poor 11 Don't know 0 Fair 77 14 Poor 1AO /_ 42% :cellent 30% ccenent 30 Rating the dependability and overall quality of city sanitary sewer service Excellent 39 Good 23 Fair 5 Faii Poor 0 6% Don't know 10 77 e Don't know �C� Excellent 51% Rating the dependability and overall quality of the city water supply Poor Don't know Excellent 41 Good 23 Fair 9 Poor 1 Don't know 3 Ijl 30% Rating the overall quality of city recreational programs and facilities (e.g. parks, trails, park facilities, etc.) Fair Excellent 41 Good 31 Fair 3 Poor 0 Don't know 0 75 Good 41% Rating the overall quality of services provided by the city Excellent Good Fair Poor Don't know 29 33 10 0 4 lI F 1 Don't know UUUU 44 ME Excellent 53 Excellent 55% Excellent 38% Agenda Information Memo City Council Consent Agenda June 19, 2012 E. APPROVE AMENDED LEASE AGREEMENT FOR JBL COMPANIES FOR 3795 PILOT KNOB ROAD PROPERTY ACTION TO BE CONSIDERED: To approve an amended lease agreement with JBL companies for the property at 3795 Pilot Knob Road. FACTS: • When the Fire Safety Center opened in 2011, the City moved forward to dispose of former Fire Station #2 and the former Fire Administration Building. Station #2 was sold to Competition Engines and remodeled to be the receiver site for the business that was moving out of Cedar Grove. The timing of the potential sale of the former Fire Administration Building was more challenging due to the general economy and the general office vacancy market in the city and the region. • At that time, the City was approached by Jeff Larson of JBL Companies, a long -time, local property management firm, who indicated that he was about to relocate his offices. He expressed interest in leasing the Fire Administration Building on a flexible basis to permit the City time to complete the rezoning of the property and consider its options for selling it. • While the City does not intend to be a landlord in the long term, this offer presented a win -win for the parties, by generating income while the economy improved and the land use steps were being taken. The lease was set up as a month to month contract, to provide both parties flexibility as circumstances might change and JBL took occupancy in July, 2011. The Comprehensive Guide Plan Amendment and rezoning to limited business have been completed since that time. • In May, Mr. Larson advised the City that he has the opportunity to secure alternative space at another location owned by one of his property management clients and that he intends to vacate the office portion of the building. He is proposing to complete the relocation by July 1, 2012. The new location does not have garage space for his maintenance vehicles, so he has asked to be able to continue to lease the garage portion of the building for the time being. • To assist the City in pursuing other options for the property, Mr. Larson has proposed to prepare a Broker Price Opinion for building. This will help clarify whether the market will support a positive sale price at this time as opposed to pursuing another tenant for the near term. ATTACHMENTS: • Copy of lease amendment available upon request. Agenda Information Memo June 19, 2012 Eagan City Council F. EXTENSION OF FINAL PLAT APPROVAL (EAGAN CAR CLUB) ACTION TO BE CONSIDERED: To approve a 60 day extension of the Final Plat consisting of one parcel upon approximately 6 acres located at North of Valley Black Top, legally described as Section 24, Township 27, Range 23 West, off of State Trunk Highway No. 3 FACTS: ➢ The City Council originally approved the Final Plat on April 17, 2012. ➢ The applicant and surveyor are working with the Dakota County Surveyor. ➢ The applicant has requested a 60 day extension of the Final Plat approval. ➢ Approval of the extension would extend a new recording deadline of August 13, 2012. ATTACHMENTS: (2) Location Map, page a ) Email from Sathre- Bergquist, Inc, page (Bridle Ridq( • MEM Captain Subject Site Project Name: Eagan Car Club City at Eayn I-D I { �3 i i 1 ; f i r i Map Area Extent 0 500 1,000 Legend City Boundary Parcels Parks Buildings N ;et Julie Strid From: Nate Herman [nherman @sathre.com] Sent: Friday, June 08, 2012 9:05 AM To: Julie Strid Cc: Kurt Manley (kmanley @manleyland.com); Bob Molstad; Dave Pemberton; Mike Ridley; Scott Carlston (scott@carlston.com) Subject: Eagan Car Club - Final Plat Extension - 060812 Julie — We would like to request a 60 -day extension for the Final Plat approval. We are currently waiting for County response Let me know if you need anything else regarding the extension, and I will get that to you. Thank you, Nate Herman, PE I Engineering I Sathre - Bergquist, Inc. 1 150 Broadway Ave S. I Wayzata, MN 55391 Ph 952.476.6000 1 Fax 952.476.0104 1 nherman(a)sathre.com The electronic data conveyed by SATHRE - BERGQUIST, INC. is sent for the recipient's reference only. This material is copyright protected. The recipient agrees, by his receipt of electronic information, to not alter the electronic data. The recipient agrees by his receipt of this data that the information contained in the transmission may be changed without notification of the recipient. This electronic information is not the certified version of a plan Recipient agrees to hold SATHRE - BERGQUIST, INC. harmless from any and all claims. SATHRE - BERGQUIST, Inc. makes no representation or warranties, expressed or implied, with respect to the reuse of the data provided herewith, regardless of its format or the means of its transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability, or reliability of this data for any purpose. The user accepts the data "as is" and assumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access to it or any part of it to another party unless the user shall include with the data a copy of this disclaimer. SATHRE - BERGQUIST, Inc. assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this data. 3 t Agenda Information Memo June 19, 2012 Eagan City Council Meeting G. PROJECTS 1053/ 1091 CITYWIDE TRAIL IMPROVEMENTS JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement with the Dakota County Transportation Department for Projects 1053 and 1091 (City -wide Trail Improvements) within County right -of -way in the City of Eagan, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Trail overlay improvements along various collector streets and County highways are programmed in the City of Eagan's 5 -Year Capital Improvement Program (CIP) and Dakota County's 5 -Year CIP. The improvements consist of trail reconstruction and maintenance, including the installation of American Disability Act (ADA) compliant pedestrian ramps. • The City is the lead agency for the design and construction management of these trail improvements. • As set forth in the agreement, the City's financial responsibility for the construction of the trail improvements will be 45 %, with Dakota County financing the remaining 55 %. The Major Street Fund will finance the City's share of the costs. • The agreement has been reviewed by the City Attorney and Public Works Department and is in order for favorable Council action. J5 Agenda Information Memo June 19, 2012 Eagan City Council Meeting H. LOT 2, BLOCK 1 CEDAR INDUSTRIAL PARK PUBLIC SERVICE ROAD EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public service road easement on Lot 2, Block 1, Cedar Industrial Park, and schedule a public hearing to be held on July 17, 2012. FACTS: • On May 31, 2012, City staff received a petition from Bob Brennan, owner of 3771 Sibley Memorial Highway, requesting the vacation of a portion of the existing public service road easement on Lot 2, Block 1 Cedar Industrial Park. • The easement is a 40 -feet wide lot line service road easement dedicated with the Cedar Industrial Park plat in 1967. There are not any existing public utility lines or streets within the portion of easement for which the vacation has been requested. • The applicant is requesting the vacation of a portion of the easement to accommodate the building of a proposed monument sign on the property. The configuration of the proposed sign would encroach upon some of the existing service road easement. • The service road easement is not a typical easement. The history of the designation is unknown, but it has not been utilized in the 45 years since its dedication. The easement would be appropriate for a frontage road along Highway 13. No such frontage road is planned in this location. • The request would vacate a 15' by 20' portion of the easement on the east side of the lot adjacent to the northwest edge of the 40 -feet wide service road easement. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page oil • Location Map, page Q� . CD (c, Easement Survey for International Office Technologies �J SHUTOFFS (j METAL ,.., RAIL �fi'� c I ti �� NY �`� 191 Boa <- 0. e. ep \� �q ``.v.`.•\ .... �\\ ` �� ° + eill ii SCALE: 1" = 40' ma�yy,, �'� �t,?i iC'�� ,�� i i i%� DENOTES: p' i �(-� SIGN EASEMENT: SIGN EASEMENT DESCRIPTION: 1' That part of Lot 2, Block 1, Cedar Industrial Park, described as follows: �js,, Commencing at the Easternmost corner of said Lot 2; thence assumed _'7 bearing of North 47 degrees 02 minutes 53 seconds West along the U s �rL Northeasterly line of said Lot 2 a distance of 40.00 feet; thence South 's Oti�gS `��•• 43 degrees 21 minutes 39 seconds West, 145.00 feet to the point of 4,6eginning of easement; thence continuing South 43 degrees 21 minutes - --i.� 39 seconds West, 15.00 feet; thence South 46 degrees 38 minutes 21 seconds East, 20.00 feet; thence North 43 degrees 21 minutes 39 i seconds East, 15.00 feet; thence North 46 degrees 38 minutes 21 seconds West, 20.00 feet to point of beginning. ro a--� 4b� City of Eap City of Eagan Proposed. ion Ease me cation ti ti Yankee Doodle Road Diffley Road U: -11 Proposed Easement Vacation Location Map Lot 2, Block 1, Cedar Industrial Park L sers/Engi nee rng/ EasementVaca t orr./ Cedarindustrial Park 06-07-12 IWO Figure 1 Agenda Information Memo June 19, 2012 Eagan City Council Meeting I. CONTRACT 12 -09, CITYWIDE PARKING LOT IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 12 -09 (Citywide Parking Lot Improvements) and award the contract to Bituminous Roadways, Inc. in the base bid amount of $359,486.75, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The pavement and curb & gutter improvements for City parking lots and trails located at: o Northview Park o Rahn Park o Goat Hill Park o Clearwater Park/ South Water Treatment Plant are programmed for 2012 in the City's 5 -Year Capital Improvement Program (2012- 2016). • These projects have been combined under one contract (Citywide Parking Lot Improvements - Contract 12 -09), to increase economies of scale. On May 15, 2012, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 12 -09. • At 10:30 a.m. on June 14, formal bids from each bidder were received for this project. • An alternate bid for replacement of concrete sidewalk at the Northview Park tennis court was also received. The benefit of a cost savings was not apparent for the concrete work and the existing condition does not warrant replacement accordingly. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid of Bituminous Roadways, Inc. has been reviewed by the Engineering Division and is in order for favorable Council action. ATTACHMENTS: • Bid Summary Tabulation, page C. I BID SUMMARY CITYWIDE PARKING LOT IMPROVEMENTS CITY CONTRACT 12 -09 NORTHVIEW PARK RAHN PARK PARKING LOT/ TRAILS PARKING LOT/ TRAILS Overlay Overlay CLEARWATER PARK / GOAT HILL PARK SOUTH WATER TREATMENT PLANT / PARKING LOT / TRAILS LEXINGTON WATER FILLING STATION Overlay Overlay Bid Date/ Time: 10:30 a. m., Thursday, June 14, 2012 Contractors Total Base Bid Add Alternate Bid 1. Bituminous Roadways, Inc. $ 359,486.75 $ 46,963.25 2. DMJ Asphalt $ 422,202.30 $ 48,116.00 3. Hardrives, Inc. $ 447,279.35 $ 48,545.00 Northview Park — Tennis Court Trail $ 46,963 NA NA $ 48,000 -2.2% Agenda Information Memo June 19, 2012 Eagan City Council Meeting J. LOT 2, BLOCK 1 NORTHWOOD BUSINESS PARK 3RD ADDITION DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easement on Lot 2, Block 1, Northwood Business Park 3`d Addition, and schedule a public hearing to be held on July 17, 2012. FACTS: • On June 12, 2012, City staff received a petition from Ms. Kari Gill, representing Dakota County Community Development Agency (CDA), owner and developer of the proposed CDA Northwood Family Townhomes on Lot 2, Block 1 Northwood Business Park 3`d Addition, requesting the vacation of a portion of public drainage & utility easement within that property. • The easement is a drainage and utility easement dedicated over an existing wetland within the Northwood Business Park 3`d Addition plat. There are not any existing public utility lines near the portion of easement for which the vacation has been requested. • The applicant is requesting the vacation of a portion of the easement to accommodate the building of a proposed townhome as part of the proposed Northwood Family Townhomes CDA development. • The existing easement was dedicated based upon a previous wetland delineation. A new wetland delineation has revised the description of the wetland boundary removing the conflict with the proposed townhome construction. • The request would vacate about 991 square feet of the existing easement near the northeast corner of the lot. • The preliminary planned development for the Northwood Family Townhomes development was approved by the City Council on April 6, 2010. The City Council is scheduled to consider the final planned development for Northwood Family Townhomes on July 3, 2012. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page 3� • Location Map, page '-33,. S . \ EASEMENT SKETCH FOR DAKOTA COUNTY CDA 1 ; / I , 1 1 ; I 1 , i� I , O t - ® `J 'T1, a.5 I III , ____ II I I Z_________________ JI IL___ ______________________________� ____________ 1 1 i e, I w � y r I r Q / �O S� f YO \ OO I I j / I r, ____ — _________ ________ LOT 2 J L BLOCK 1 I I I I , I I I I I I I � I 1 I I r I I / I I � I I � i I L 11 I J /I / I 1 1 1 I I I I I I I I I � II I I I I I I / I j / I I I I I I I E.ASE\IFNL\ \C\IION ARE A =991 SF FASFNIENT VACATION DESCRIPTION 1" = 100' 6 -11 -2012 w w 0 h w 1 co 1V W Q ti h a 0 u DENOTES E \SE\IE \T \ AC MON A DR \I\ \Gf. AND L I HAI1 LAST: \IE\ 1 10 BE \ ACA L11 O\ ER AND %CROSS lIl %1 PART 01 1.01 2, BLOCK I. NOR IM OOD BE SIN F.SS PARK 3RD ADD[I ION. D \KO EA COL'\Il, AIl\ \F.SOT A, DESCRIBED AS FOI.LO\ \S: C'O\I\1 F. N CI\G AT THE NORTH FAST COR \ER OF SAID LOT?; THF. \CE S00'2349 " \ \, ALONG THE FAST L1 \E OF SAID LOT' -. A DISEA\CE OF 216.66 FEET; THENCE \JJ'S_42 " \ \ „\ DISTANCE OF IJA7 FEET TO THE POINT OF BEG[\ \1 \G OF TI E \SE \IE \T TO BF. \ \C \T F. D; THENCE Wl'S2'13 " \ \,.\ DIST % \CE OF 104.80 FEET; THE\C'E \A9'.9 "8 "E. A DIST 1 \( F.OF 2670 FEE I; 1 HEN( F S32 °27'4X F. \ DIS I "ANCE: OF AA 0'- FFE r 101 H1: POIYI OF BEGI\\I\G. -3a 4b� City of Eagan City of Eagan Proposed Location Easement Vm : lion %=s Yankee Doo d 1.-'. y m 4) W� Q O -W x °m J N W E S Location Map Proposed Easement Vacation Lot 2, Block 1, Northwood Business Park 3rd L U secs/ Engi nee rrg / Ea semen t Vacs t ons/ Northwood Business Park 3rd 06 -12 -12 Figure 1 it{ S L ' 'fa w*Y�^ ... U:'I..�i•„g� - fiy. -> ' "' - -- � - - ch��Y` � b+"Fd'1 i°' .es -%''"� -.fit .' f - Location Map Proposed Easement Vacation Lot 2, Block 1, Northwood Business Park 3rd L U secs/ Engi nee rrg / Ea semen t Vacs t ons/ Northwood Business Park 3rd 06 -12 -12 Figure 1 Agenda Information Memo June 19, 2012, Eagan City Council Meeting K. APPROVE ELECTION JUDGES FOR THE AUGUST 14, 2012 PRIMARY ELECTION ACTION TO BE CONSIDERED: To approve the list of election judges for the August 14, 2012 Primary Election. FACTS: ➢ State Statutes requires the City Clerk to recommend and the City Council to appoint election judges. In addition to the judge lists submitted by the major political parties, election judges were recruited through a newspaper advertisement, the City website and Facebook. ➢ A list of the proposed election judges with party affiliation was included in the Additional Information packet distributed to Council on June 8, 2012. ➢ The proposed election judges' party affiliations were double - checked for accuracy. ➢ The judges on the attached list have met the minimum qualifications set forth in State Statute. ATTACHMENTS (1): The list of proposed election judges for the August 14, 2012 Primary Election is attached on pages f_ to 3!B _3L� PROPOSED ELECTION JUDGES FOR THE AUGUST 14, 2012 PRIMARY ELECTION MARIANNE ADELMANN JOHN DEMKO MARK AGNEW JOHN DEMMA LOIS AGRIMSON JUDY DENARDO SHIRLEY ALOJADO BOB DENARDO RON ANDERSON MARILYN DEVILEY DAWN ANDERSON JOSEPH DIERKES MARY LOU ANDERSON SHERRY DILLEY ERIC ANDERSON MERI FAYE DITSCHLER JANET ANDERSON GERIANNE DODGE DENISE ARAMBADJIS PEGGY DOLPHAY NANCY ARATA TOM DUERRE GARY ASH BRIAN DUFFY MARION BAKER MARILYN DVORAK VIRGINIA BATTIS MARY ELBERT DEBORA BECK STEPHEN ENDRIZZI LINDA BECKER ARLENE ENGLERT GEORGE BEHNKE JESSE ESTUM GROVER BELLILE THOMAS EYKYN DIANE BERG MARILYN EYKYN JENIFER BERGER CARALYNE FAIRCHILD KAREN BERHOW MELANIE FALK LARRY BERHOW EMILIO FEDELI BRUCE BERTHE DALE FIRL DIANNE BERTHE ROXANNE FLETT CAROLYN BESEKE GARY FLODIN CHERYL BIEGLER AMANDA FOGG KRISTEN BOEKE SONI FORSMAN CLAUDIA BREDEMUS LINDA FOSTER KENT BROST BARBARA FOX GWENDOLYN BROWN ROGER FREDLUND REBECCA BROWN CAROL FREUND SHIRLEY BURKARD JULIA FRIESEN LATRICE BYBOTH MILLER FRIESEN DIANE CARROLL TATIANA FROLOFF HERB CHAMBERS STACEY FULLER LINDA CHAMBERS MICHELLE GARAY GEORGIA CIRKSENA CHARLES GARBER KRISTINA CLARK PAT GEAGAN KAREN COHOES SUZANNE GEAGAN TONY COLEMAN MILLIE GIGNAC DIXIE CRUZ RAMIREZ HUGH GITLIN KAREN DARE ROXIE GITTINGS MARA DAVENPORT EILEEN GONYEAU JAMES DECKER DAVID GOODELL DOUGLAS DEGROTE CRISTINE GOODRICH TONI DEMBSKI KARI GOODSON 3ts- PROPOSED ELECTION JUDGES FOR THE AUGUST 14, 2012 PRIMARY ELECTION KRISTIN GOODSON RICHARD GRAMLING HELEN GRASS DARELL GRASS ROSE GRENGS DOUGLAS GROETTUM JULIE GROETTUM LARRY GRUENBERG JULIE ANN GRZEHIEN ANNE GUELCHER STEVE HADRITS MARY HAGBERG CHERYL HAHN PATRICIA HAMLING PAUL HAMLING LAURA HANDLER NANCY HANSON KRISTIN HANSON ANDREA HARLIN JEAN HARMON ARLEN HARMONING MILDRED HARTLEBEN ALAN HARTMANN ORLANDO HASH HERDIS HASH NANCY HAUSLADEN KIM HAZEL CAROLE HEFFERNAN GEORGE HENSELER MARY HERNANDEZ RICHARD HESSEMEYER GERI HETTERICK BEA HINKEL ROBERT HOAGLUND DIANNE HOBOT KENT HODGDON SHARRON HOHENAUER GLEN HOLLAND CHARLES HOLMAN JANET HOLMQUIST MARION HOLZEMER CAROL HORNUNG MARTHA HOVERSTEN JANINE HUDSON ROXANNE IANOVICH RICHARD IFFERT Np HENRY JANDEWERTH GARY JOHNSON CAROLJOHNSON LUCIA JOHNSON GERALD JOHNSON BRAD JONES CHRISTINE JONES DARLETTE JORGENSON JOHN JUREWICZ PATRICIA KAEDER BERNETTA KAMBEITZ JEFF KAMM CAROL KEARNS GORDON KEELER JOAN KENNEDY MELINDA KIEMELE CONSTANCE KING JENNIFER KIRK SHIRLEE KLANG CAROL KLECKER DOUGLAS KNIECH MARGARET KOEPP BARBARA KOESTER MARY JO KOPLOS ELDORA KRAEMER PAM KRUEGER CINDY KRUEGER JEAN LACHMAN SHEILA LANGE MARY LANNERS LISA LaPOINTE JOHN LARKIN RAYMOND LARSON SANDRA LEE RUBY LEE DONNA LIBERTY JUDY LIENAU RACHEL LIND SARAH LINDQUIST ARTHUR LINK JANET LINKERT MALCOLM LONG CHARLEEN LOUIS ZENAIDA LUCIANO CHANNING LUDEN WAYNE LUNDQUIST PROPOSED ELECTION JUDGES FOR THE AUGUST 14, 2012 PRIMARY ELECTION WILLIAM MADDEN PARICK NUTTER MARY MAKEEFF WENDE O'BRIEN JULI ANN MALONEY MAUREEN O'CONNOR BARBARA ANN MARCH LYNN O'GORMAN DEAN MARSHALL MARK O'GORMAN SUSAN MARSHALL ANNMARIE O'NEILL SHANNON MARTIN KATHERINE OSTHUS BARBARA MATHIEU RONALD PANKONIN MICHAEL MATHIEU CAROL PARENT CHARLES MAUS JIM PASKETT AL MAYERS DIANE PASSANTE ROSE ANN MAZIERSKI JIM PATNODE LAURIE MCCULLUM PATTI PAUL DENNIS MCDONALD TERESA PEGELOW PAT JAMES MCGRAW GRACE PETRI MARY MCGUIRE CARLA PFEIFER NANCY MCINTIRE THOMAS PILON STEVEN MCKINLEY OLIVER PITTENGER JONI MCLEAN STEPHANIE PROPSON REGINA MCNEARNEY FREDERICK REISHUS BETTY MCNEILL SALLY RENISH RITA MERTES JERRY RICHARDSON CAROLYN MESTNIK KAREN RICHARDSON GARY MEYER TRACY RIES DOT MIDDLETON SUE RIESGRAF JUDY MILLER EVELYN ROLLA SHARON MILLER RUTH ROSE APRIL MILLER BETTY ROSS IDONNA MILLER PAMELA RULAY KATHLEEN MISCHNICK MARTIE RUZICKA NAOMI MOHR DENNIS SABEL CAROL MONSOUR KATHRYN SABEL TOM MOREAU JOSEPH SAFRANIEC KENNETH MORRISON ANNETTE SAMSON JEAN MUETING ALAINA SATHER GARY MUILENBERG CATHERINE SCHALLENBERG JOHN MULLIGAN III PAMELA SCHMITZ MARY MUNSTERMAN JEFFREY SCHUETTE JANE MUTCHLER CONNOR SCHULTE JAMES NEAGBOUR PEGGY SCHULZ KYLA NELSON MELVIN SCHWANZ KRISTA NELSON SHIRLEY SCHWANZ ROBERT NEWMAN DONALD SCHWAPPACH RICHARD NICOLAY KATHRYN SCHWAPPACH MARGARET NOLAN MELISSA SCHWARTZ ALFRED NOLTEMEIER BEVERLY SCHWARTZ PROPOSED ELECTION JUDGES FOR THE AUGUST 14, 2012 PRIMARY ELECTION JULIANN SCHWARTZ TERESA SCHWARTZ ANN SELVA STEVEN SERBER JODY SEVERSON MICHAEL SEXTON MARY SHEARON EMERY SHER SUSAN SHUMER ROB SHUMER ROXANNE SIKKILA CARLA SIMONSON CARL SISK SUE SISK TED SKLUZACEK LARRY SPICER ANNE STARR JANET STEVENS DONALD STEVENS MARY SULLIVAN RACHELSUTTON JERRY SWANSON BERNICE SWANSON JOYCE SWEDEAN DICK SWEDEAN JANE TEICH ARDIS THORSTENSON DALE TRAUTMAN NANCY TRAUTMAN DALE TURNHAM ROYCE TYRE KAREN UECKER BILL VENTURA CHEMIERE VERHEY FRED VIHOVDE CAROL VIHOVDE DALE VOGT ARDITH VOLK BONNIE WALTER MARY WALTER JERRY WARD MARY WASHINGTON LINDA WATTS HUNTER WAY DAWN WEINHAUS SHARON WEISE JOHN WELLS TOM WESSEL JOAN WETTERLING EILEEN WILLIAMS NANCY WOOLWORTH KAREN WORKE LYNN YAMANAKA RAYMOND YARWOOD ROSEMARY YOUNG DAVID ZIMMERMAN JEFFREY ZIMMERMAN PEGGY ZOBEL Agenda Information Memo June 19, 2012, Eagan City Council Meeting L. APPROVE RESOLUTION AUTHORIZING THE CITY CLERK TO APPOINT DEPUTY CITY CLERKS FOR THE PURPOSE OF ELECTION ADMINISTRATION ACTION TO BE CONSIDERED: To approve a resolution authorizing the City Clerk to appoint deputy city clerks for the purpose of election administration. FACTS: ➢ Absentee voters must have their voting process witnessed. A witness may be a notary, a person registered to vote in Minnesota, or a person authorized to administer oaths. ➢ Many residents vote by absentee ballot in person at City Hall. Certain staff members assist with the absentee voting process. A deputy city clerk is authorized by State Statute to administer oaths. Therefore, the City Clerk is requesting that the Council authorize her to appoint designated staff as deputy city clerks for the sole purpose of election administration. ➢ Approval of the proposed resolution will allow designated staff members to properly witness absentee ballots, which will help ensure they are accepted by the Absentee Ballot Board. ATTACHMENTS (1): The proposed resolution is on page `1�)' SIA CITY OF EAGAN RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY CLERK TO APPOINT DEPUTY CITY CLERKS FOR THE PURPOSE OF ELECTION ADMINISTRATION WHEREAS, the Dakota County Auditor has designated the Eagan City Clerk to administer absentee voting for the City of Eagan; and WHEREAS, the City Clerk deems it necessary for designated staff members to assist with the absentee voting process; and WHEREAS, Minnesota Statute 20313.07 requires that the absentee ballot return envelope must contain a statement signed by a person who is registered to vote in Minnesota or by a notary public or other individual authorized to administer oaths; and WHEREAS, a Deputy City Clerk is authorized by State Statute to administer oaths. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota that the City Clerk shall have the authority to appoint designated staff as Deputy City Clerks for the purpose of administering elections. Motion made by: Seconded by: Those in favor: Those against: Dated: June 19, 2012 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk CERTIFICATION I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of June, 2012. Christina M. Scipioni, City Clerk 1�o Agenda Information Memo June 19, 2012, Eagan City Council Meeting M. APPROVE ABSENTEE BALLOT BOARD JUDGES FOR THE AUGUST 14, 2012 PRIMARY ELECTION ACTION TO BE CONSIDERED: To approve the list of absentee ballot board judges for the August 14, 2012 Primary Election. FACTS: ➢ Legislation enacted in 2010 requires all cities that administer absentee voting to appoint an absentee ballot board. ➢ The absentee ballot board judges must accept or reject absentee ballots within five days of receipt. During the 14 days preceding an election, the absentee ballot board must accept or reject absentee ballots within three days of receipt. ➢ To ensure timely processing of the absentee ballots, and in keeping with past practice, the proposed list of absentee ballot board judges includes two City staff members. The rest of the proposed judges are judges who have previously served on the board or have expressed an interest in serving on the board. All proposed judges meet all of the minimum qualifications set forth by State Statute. Absentee ballot board judges receive additional training before serving on the board. ➢ The proposed absentee ballot board judges for the August 14, 2012 Primary Election are: • Office Support Specialist Janet Bolger • Temporary Elections Assistant Jessica Mitchell • John Demko o Jody Severson o Bob De Nardo o Paul Hamling o Patricia Hamling o Lynn Yamanaka o Rachel Lind o Dawn Anderson o Karen Dare ATTACHMENTS (0) Agenda Information Memo June 19, 2012, Eagan City Council Meeting N. APPROVE OFF -SALE LIQUOR LICENSE FOR JAVINOS WINES, INC., DBA JAVINOS WINES, 3926 CEDAR GROVE PARKWAY ACTION TO BE CONSIDERED: To approve an Off -Sale Liquor License for Javinos Wines, Inc., doing business as Javinos Wines, located at 3926 Cedar Grove Parkway. FACTS: ➢ Arlene Malinski, sole officer of Javinos Wines, Inc., has applied for an Off -Sale Liquor License. ➢ Javinos Wines, Inc. is opening a new store located at 3926 Cedar Grove Parkway. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) �a Agenda Information Memo Eagan City Council Meeting June 19, 2012 Consent Agenda ACTION TO BE CONSIDERED: O. APPROVE CONDUIT LEASE AGREEMENT WITH WINDSTREAM, KNOWN AS MCLEOD USA TELECOMMUNICATIONS SERVICES, LLC., SUBJECT TO FINAL REVISION BY THE CITY ATTORNEY'S OFFICE FACTS: • In 2007 the City of Eagan installed extra conduit along Highway 149 in Eagan, recognizing the road was not due to be constructed again for 50 years and it was necessary to ensure telecommunications access in increasingly crowded Right of Way. • Council's expectation was that beyond city needs, the extra conduit bank would be leased or licensed to providers at a rate of return to at least recover the City's investment. • Staff and the City Attorney have successfully negotiated a 30 -year year agreement for McLeod USA Telecommunications, LLC, doing business as Paetec Business Services, a Windstream Company, to lease 11,426 linear feet of conduit along Highway 149 in Eagan to serve business customers. • The 2012 annual license fee is $2,809.65 (.2459 cents x linear feet) with annual escalators over the term of the agreement. • The agreement is similar to other previous license agreements with two other carriers. ATTACHMENTS: ➢ Due to the size of the document the contract is available for viewing at the City Clerk's office. q5 Agenda Information Memo June 19, 2012 Eagan City Council Meeting P. CANCEL THE JULY 10, 2012 SPECIAL CITY COUNCIL MEETING ACTION TO BE CONSIDERED: To cancel the July 10, 2012 Special City Council meeting. FACTS: ➢ Per the direction of the City Council at the June 12 City Council workshop, the July 10, 2012 Special City Council meeting is proposed to be cancelled. ➢ The Council's next scheduled workshop will occur on Wednesday, August 15, 2012. ATTACHMENTS: None q� Agenda Information Memo June 19, 2012 Eagan City Council Meeting Q. MINNESOTA BUSINESS DEVELOPMENT CAPITAL PROJECTS GRANT PILOT KNOB ROAD ACTION TO BE CONSIDERED: Authorize the submittal of a Minnesota Business Development Capital Projects Grant Program application for Project 1095 (Pilot Knob Road, from Yankee Doodle Road to Central Parkway/Northwood Parkway - Street Improvements), and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Minnesota Department of Employment and Economic Development (DEED) is accepting grant applications for capital projects that are eligible for $47.5 million in bond funding approved during the 2012 legislative session. • Funding will be available for public projects having a useful lifespan of at least 10 years. Eligible costs can include predesign, design, acquisition of land or buildings, construction, and infrastructure. • Applicants can request funds for up to 50 percent of eligible capital costs for a project and must show evidence of matching funding support from non -state government sources. The eligible improvement costs must be a minimum of $1 million. A resolution is required from the applying local government unit certifying that project funds are available and committed to complete the project. • On June 5, 2012, the City Council approved the 5 -Year Public Works Capital Improvement Program (CIP) for the period of 2013 -2017. The CIP included street improvements on and adjacent to Pilot Knob Road between Yankee Doodle Road and Central Parkway/Northwood Parkway. Said improvements were included as part of the CIP in anticipation of a Pilot Knob Road corridor study. • On June 5, the Council also approved a Joint Powers Agreement with the Dakota County Transportation Department for the Pilot Knob Road Corridor Study from Yankee Doodle Road to Central Parkway/Northwood Parkway (Project 1095). • Projects will be selected on such criteria as number of full -time jobs created or retained, increase in the local tax base, ability to attract private investment, health and safety benefits, and evidence of a strong return on investment and cost - benefit ratio. • The deadline for submitting applications is June 26. Projects that are selected for funding are expected to be announced in early August. Successful applications would receive state funds available for project construction within three years of execution of the funding agreement (likely fall of 2015). If awarded the funds, design engineering would likely occur in 2013, with construction in 2014 in accordance with the CIP schedule. • Upcoming Dakota County Board action will indicate support for an Eagan application addressing roadway improvements included as recommendations from the forthcoming Pilot Knob Road Corridor Study. ATTACHMENTS: • Resolution, page LA} `e EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center, located at 3830 Pilot Knob Road, in said City on June 19, 2012. The following members were present: , and the following were absent: RESOLUTION FOR BUSINESS DEVELOPMENT CAPITAL PROJECTS GRANT PROGRAM BE IT RESOLVED that the City of Eagan, Dakota County, Minnesota, act as the legal sponsor for project(s) contained in the Business Development Capital Projects Grant Program Application to be submitted on June 26, 2012, and that the Mayor and the City Clerk are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Eagan, Dakota County, Minnesota. BE IT FURTHER RESOLVED that the City of Eagan, Dakota County, Minnesota, has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its useful life. BE IT FURTHER RESOLVED that the City of Eagan, Dakota County, Minnesota, has not violated any federal, state, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Eagan, Dakota County, Minnesota, may enter into an agreement with the State of Minnesota for the above - referenced project(s), and the City of Eagan, Dakota County, Minnesota, certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. BE IT FURTHER RESOLVED that on June 5, 2012, the Eagan City Council adopted the 5- year Capital Improvement Plan for Public Works Infrastructure, Part III (2013- 2017), including the proposed project(s), and accordingly all non -state funding is committed and available and meets or exceeds the requirement that the non -state match equal or exceed the state funding. BE IT FURTHER RESOLVED that the City of Eagan, Dakota County, Minnesota, certifies that it will comply with all applicable laws, regulations, and rules of General Obligation bond funds. NOW, THEREFORE BE IT RESOLVED that the Mayor and the City Clerk, or their successors in office, are hereby authorized to execute such agreements and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant. Adopted by the Council this 19th day of June, 2012. Christina M. Scipioni, City Clerk Mike Maguire, Mayor State of Minnesota ) ) ss. County of Dakota ) On this _ day of , 2012, before me personally appeared Mike Maguire and Christina M. Scipioni, to me personally know, being by me duly sworn, did say that they are the Mayor and Clerk of the City of Eagan, that the seal affixed to the foregoing instruction is the seal of said City of Eagan, and that said instrument was executed on behalf of the City of Eagan by authority of its City Council, and said Mayor and Clerk acknowledged the instrument to be the free act and deed of said City of Eagan. (Notarial Seal) Wo Notary Public Consent Agenda Information Memo June 19, 2012, Eagan City Council Meeting R. FINAL PLANNED DEVELOPMENT (NORTHWOOD TOWNHOMES) — DAKOTA COUNTY CDA ACTION TO BE CONSIDERED: To approve a Final Planned Development (Northwood Townhomes) upon Lot 2, Block 1, Northwood Business Park 3`d Addition, consisting of 12.91 acres, located off the east end of Northwood Circle west of Lexington Avenue. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Planned Development for Northwood Townhomes was approved by the City on April 4, 2010. The approval was for a total of 47 townhome units upon approximately 13 acres. ➢ The plans submitted for the Final Planned Development are consistent with the preliminary approval. ➢ All documents are anticipated to be in order for execution at the City Council meeting on June 19, 2012. ISSUES: None ATTACHMENTS: (1) Location Map, page 41b 41� Location Map Project Name: Northwood Townhomes Request: Final Planned Development Case No.: 10- FD- 04 -03 -12 City of Earn Feet 500 1,000 2,000 Legend 2011! 1%01,1; City Boundary Parcels Parks i Buildings N Agenda Memo June 19, 2012 Eagan City Council Meeting V. 2011 COMPREHENSIVE ANNUAL FINANCIAL REPORT ACTION TO BE CONSIDERED: To receive and accept the 2011 Comprehensive Annual Financial Report (CAFR). FACTS: • The CAFR for the year ended December 31, 2011 has been completed and the audit by Kern, DeWenter, Viere, Ltd. (KDV) has been performed. • KDV has expressed an unqualified ( "clean ") opinion —the best opinion that can be given —on the financial statements. • A brief PowerPoint presentation reviewing the charts and tables included in KDV's "Management Letter" will be made by Matt Mayer of KDV. • Mr. Mayer, Chief Financial Officer Pepper, and Director of Administrative Services VanOverbeke will be available to answer questions. ATTACHMENTS: 2011 CAFR (without page number) KDV's "Management Letter" (without page number) KDV's "Report on Legal Compliance" is attached on page SO �0\ I�DV Expert advice. When you need it.S' REPORT ON LEGAL COMPLIANCE Honorable Mayor and Members of the City Council City of Eagan Eagan, Minnesota We have audited the financial statements of the governmental activities, the business -type activities, each major fund and the aggregate remaining fund information of the City of Eagan, Minnesota, as of and for the year ended December 31, 2011, which collectively comprise the City's basic financial statements and have issued our report thereon dated May 10, 2012. We conducted our audit in accordance with U.S. generally accepted auditing standards and the provisions of the Minnesota Legal Compliance Audit Guide for Political Subdivisions, promulgated by the State Auditor pursuant to Minnesota Statutes Sec. 6.65. Accordingly, the audit included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide, for Political Subdivisions covers seven main categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions for local governments and Tax Increment Financing. Our study included all of the listed categories. The results of our tests indicate that for the items tested, the City complied with the material terms and conditions of applicable legal provisions. This report is intended solely for the information and use of the City Council, management and the Office of the State Auditor, and is not intended to be and should not be used by anyone other than these specified parties. KERN, DEWENTER, VIERE, LTD. Bloomington, Minnesota May 10, 2012 Expert advice. When you need it. s " Certified Public Accountants Wealth Management Payroll Services Business Valuations Technology Services St. Cloud Twin Cities 220 Park Avenue S. 3800 American Boulevard P.O. Box 1304 Suite 1000 St. Cloud, Minnesota Bloomington, Minnesota 56302 55431 Phone: 320.251.7010 Phone: 952.563.6800 Fax: 320.251.1784 Fax: 952.563.6801 �C) www.kdv.com Toll Free 877.912.7696 Technology Help Desk 866.400.6426 Agenda Information Memo June 19, 2012, Eagan City Council Meeting NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT (PARKVIEW) - HUNTER - EMERSON, LLC ACTION TO BE CONSIDERED: To direct staff to submit to the Metropolitan Council a Comprehensive Land Use Guide Plan Amendment from Private Recreation to Low Density, upon approximately 80 acres located to 1310 and 1290 Cliff Road, (OR direct preparation of findings of fact for denial). REQUIRED VOTE FOR APPROVAL: At least four votes. FACTS: ➢ The applicant is requesting a change in the land use designation upon approximately 80 acres from Private Recreation to Low Density residential. ➢ The current land use designation is Private Recreation, which allows for privately owned recreational uses such as the current use golf course and driving range with club house. Also present on the site is a 110' communications monopole, which was approved by Conditional Use Permit in 1998. ➢ The proposed land use designation is Low Density residential, which allows for residential uses with a gross density of 0 -4 units per acre. Corresponding zoning districts include R -1 (Residential Single - family), R -2 (Residential Two - family), and R -3 (Residential Townhome). ➢ The concept plan submitted by the applicant proposes a mix of 175 single - family homes, density of 2.18 units per acre, common or open area, vegetated buffers to existing homes, internal walks and trails as well as trail connections to Lebanon Hills Regional Park, a common swimming pool amenity, removal of driving range netting and eventual removal of the cell tower. ➢ Any redevelopment of the subject site will be required to address the physical and environmental factors that could influence the development potential of the property. An Environmental Assessment Worksheet (EAW) would be mandatory for a residential unit count of 250 or more, as set forth in state law. ➢ Any redevelopment of this site would be subject to City ordinances related to storm water management, tree preservation, and wetland protection. ➢ Public street access is available in two locations, from Cliff Road to the north and Interlachen Drive to the west. Any subdivision/plat would be subject to review by Dakota County Plat Commission, and additional right -of -way dedication will likely ( ?) be required for Cliff Road. ➢ A gas pipeline easement extends through the southern half of the property and will need to be maintained. Sanitary sewer and water main service are available to serve redevelopment of the site. ➢ The 2030 Comprehensive Guide Plan focused on the three key planning trends of Sustainability, Active Living and Connectivity. Stated housing goals policies include preservation of significant natural features, pedestrian connections, diversity of housing types and values, maintenance, rehabilitation and upgrading of housing stock, and support of redevelopment plans that occur in an orderly manner compatible with existing surrounding land uses. ➢ Through the Opportunity Cities grant, the City has identified trends including an aging demographic, aging housing stock, and declining turnover. The City Council has expressed interest in further exploring possible sites for additional senior housing, opportunities and programs for housing rehabilitation, and possibilities for allowing accessory dwelling units. ➢ Since the APC meeting, staff received a question as to whether the Parks 20/20 Plan makes reference to golf courses in the City. The Plan refers to golf courses by listing them as one of several "Community Recreation Resources" in the Community Profile section of the report. More detailed information regarding the Parks 20/20 Plan is provided in the attached memo from the Director of Parks and Recreation. ➢ Any redevelopment of the site will be subject to park and trail dedications. Park dedication may be fulfilled through a land dedication to expand Ohmann Park, and trail dedication may be fulfilled through construction of new trails that have public benefit. ➢ A public hearing was held by the Advisory Planning Commission on May 22, 2012, and the APC did recommend denial on a 5 -1 vote. ISSUES: ➢ Dakota County desires to protect visual impacts to park users, maintain park water quality, and prevent encroachments to park boundaries. Dakota County has submitted a letter summarizing their concerns in detail. ➢ Public comments opposed to the proposal cited the following concerns: importance of golf as recreational opportunity for the community; housing values; aging population; traffic and storm drainage; protection of natural resources and endangered species (per the Comp Plan); desire to explore other options. ➢ A petition opposed to the proposal containing 560 signatures was submitted and a sample few pages are included in the attachments. The full petition is available for review in the Community Development Department. ➢ In stating reasons for recommending denial, the APC commented on the city's historical commitment to keeping open recreation and open space and that the Low Density designation does not fulfill the City's housing needs. ➢ Both the public hearing comments and APC member's discussion are outlined in greater detail in the attached APC meeting minutes. 60 -DAY AGENCY ACTION DEADLINE: Not applicable (to Comp Plan Amendments) ATTACHMENTS: (7) Location Map, page 6' Draft May 22, 2012 APC minutes, pages_ through (oa Planning Report, pages 0 through b'j_ _ Memo from Director of Parks and Recreation, page 8� Memo from City Attorney, pages S(P through q\ Dakota County Comments, pages q_ through Other Correspondence, pages � through H 3 5� Location Map Project Name: Parkview Golf Course Request: Comprehensive Guide Plan Amendment Case No.: 34- CG- 01 -04 -12 410110. City of Eayn 55 Feet 0 500 1,000 2,000 Legend 2wut City Boundary Parcels Parks Buildings N Advisory Planning Commission May 22, 2012 Page 3 of 13 IV. PUBLIC HEARING New Business A. Parkview Golf Course 2012 Applicant Name: Hunter/ Emerson, LLC Location: 1290 & 1310 Cliff Road; E1/2 of NW1 /4 except N 361.60ft of W 760.0 ft thereof and Lot 1, Block 1, Parkview Golf Club Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from REC, Private Recreation, to LD, Low Density residential. File Number: 34- CG- 01 -04 -12 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 16, 2012. She noted the background and history. Member Piper asked for confirmation that the current Zoning and Guide Plan designation would allow residential development at a density of one unit per four acres. Member Supina asked about other uses permitted with the current Zoning. Developer Kurt Manley stated they have worked with City staff and neighbors of the project to address as many concerns as possible. He discussed the history of the project and features of the proposed development that include connectivity between Fairway Hills and Lebanon Hills Regional Park and a 1.5 acre park with bike trails. He discussed other amenities such as a community center, fire pit, pool and fountains. He discussed the designated land use and changes in the golf industry as well as demographics and'housing needs in Eagan. He discussed the schools in the area and the additional funding of $163,000 created by this development. He stated the City would see an increase in tax base of $1.1 million. He discussed features of the development that include single level living and state of the art telecommunication equipment to help people work from home. He stated 22% of the land area would be designated for open space and park dedication. He discussed the sustainability of providing energy efficient homes, reducing water use and conserving energy. He stated the unsightly driving range and cell tower would be removed and development would result in a large reduction in the amount of chemicals currently being used on the land to maintain the turf for golfing purposes. Robert Zakheim, representing the property owner, provided some context and the history of Parkview Golf Club and discussed significant investments the ownership group have made including the driving range, golf cart fleet, sand traps, driving range net, well and drainage repairs, equipment, paving upgrades, landscaping, and winter driving ranges. He stated well over $1 million was invested in staff and programs. Programs, the pro shop, membership programs and the website have all been expanded. He stated the course is a par 63 executive 18 -hole golf course that sits on just under 80 acres, which is less than industry standards. He discussed the decline in golf rounds and increase in operating costs particularly following September 11, 2001. Member Piper asked if the golf course is losing money. Mr. Zakheim responded that the golf course is losing money and has been for many years. Chair Heaney opened the public hearing. Y- Advisory Planning Commission May 22, 2012 Page 4 of 13 Pat Campbell, an 18 -year Eagan resident, spoke representing a large number of neighboring residents. He discussed the Comprehensive Guide Plan and concerns related to each goal therein. He stated concerns relative to traffic, land values and housing, aging population, and other potential uses for the property. He questioned whether this development is the best use of the property. He presented a petition with 400 -500 signatures requesting further discussion on alternative uses for the property. Bill Cutter, 4680 Fairway Hills Drive, discussed the "Parks and recreation are key component of quality of life" of the Goals and Policies 20/20 Guiding Principles of the City. He discussed importance of Health and Well- being, Community Equity and Balance, Open and Green Space, Demographic Equity, and Resource Optimization. He stated the golf course is a good place for bridging young and older generations. Mark Skweres, 4616 Fairway Hills Dr., discussed concerns with protecting the natural resources including the drainage to Thomas Lake, increase in storm water runoff, and the need for an environmental study. Mike Bernstein, 1361 Grace Drive, stated concern for economic development and limited long- term jobs that would result from this proposal He stated the residential development would undermine the goals of economic development, and exacerbate the existing oversupply of housing. He stated that while the golf course is private, it serves a public purpose. He asked that the community be given an opportunity to raise awareness of the matter at hand. Mark Rasmusson, 1378 Camelback Drive, discussed the City's recent passage of the Healthy Eating Active Living resolution which includes support of active living through recreational amenities. He argued that if Parkview Golf Course leaves, Eagan will be moving away from its goals. Nancy Dagel, 11508 22nd Avenue, Burnsville, discussed her desires for her children to continue to benefit from the game of golf and the Parkview Golf'Course, which she stated is a family - friendly place and the staff great. She stated children need to get outside and be active and engaged, and golf helps with that for individual sport. Eric Dominiack, 4696 Fairway Hills Drive discussed the benefit of the recreational land and stated it is the reason he bought his property. Additional options should be explored and the affects to the neighborhood and city should be considered since there is only one other, smaller golf course in Eagan. He stated concern for property and home values, and concern for living next to a construction site for several years. He said growth should make the community better not just bigger. Ed Erickson, 1520 Thomas Lake Road, stated he moved to Eagan to be near the golf course. He stated the executive golf course is a good fit for older players and an aging community, and that many senior golf leagues come to golf at Parkview. He further stated people need lifetime sports like golf and tennis that they can continue to engage in as they age. Keith Henk, 1385 Interlachen Drive, discussed his investment in his home and property, and concern that it will reduce in value with this development. He stated City officials should consider the impact to property outside of the golf course a change in land use would have. J or • Advisory Planning Commission May 22, 2012 Page 5 of 13 Steve Retzlaff, 4647 Parkridge Drive, discussed concerns with other housing developments not being completely finished, and the city having to take on the burden of completing developments. Larry Poppler, 4608 Fairway Hills Drive, City Engineer for the City of Prior Lake, discussed developments in Prior Lake where Manley, a representative of this applicant, had left developments incomplete. He discussed potential traffic increases and stated the golf course is a good neighbor. He stated Eagan is 95% developed and stated the City should be very thoughtful about the development of the last 5 %.. Mr. Manley objected to Mr. Poppler's statement. He stated Manley Development fulfilled its responsibilities in Prior Lake; and it was Lakeland Construction Financing that defaulted on the letters of credit. Jim Philbrick, 3552 Widgeon Way, stated the City should exercise its right to eminent domain and purchase the property. Sheldon Peterson, 3663 Parkridge Drive, stated he moved to the neighborhood for the golf course which provided years of quality golfing for him and his children, one of whom became a State Champion. He said golf provided a good social activityfor his children and provided interaction between younger and older generations on the'golf course. Kathleen Browne, 1386 Camelback Drive, discussed concerns with the application and her belief that the applicant does not have standing. She stated there are two animals on the endangered species list that are present on the site. John St. Peter, 1384 Interlachen Drive, stated the community benefits from the golf course and it should remain as a recreational opportunity in Eagan. He also stated concerns for the level of activity at Ohmann Park, indicating that parking for events there overflows into the nearby neighborhood streets. Mark Wanous, 2268 Wall Street, Eastview.Boys Golf Coach, discussed the Parkview Golf facility and what it has given to young golfers in the area. He stated Parkview is home to three State Champions and he wondered where 400 -500 junior golfers will go without Parkview. He said the course benefits everyone in the community. Jeff Varela, 1365 Interlachen Drive stated without Parkview Golf Course — Eagan will be the only city its size in the state without an 18 -hole golf course. He suggested it be sold to someone who would like to keep it as a golf course. Jeff Baillif, 4623 Parkridge Drive, stated if Apple Valley and Inver Grove Heights can find a way to keep a golf course, the City of Eagan should be able to do the same. He stated concern that once the golf course is gone, it is gone for good. He asked that the city take its time to determine the best use for all residents in the long term. There being no further public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Filipi stated some of the questions (i.e. traffic, runoff, and environmental evaluation) are premature because the current request is for a Comprehensive Guide Plan Amendment to change land use designation only, not a specific development plan, and most of the issues S9 Advisory Planning Commission May 22, 2012 Page 6 of 13 raised during the public hearing would be more appropriately dealt with at the time of subdivision and rezoning. City Attorney Bob Bauer stated the application is a Comprehensive Guide Plan Amendment. The plan shown is simply a concept plan, no application for subdivision is before the APC. The question is a policy question of whether the land use designation for the subject property should be changed to Low Density which would allow 0 -4 units per acre. Member Filipi asked for clarification as to when such issues would be addressed and if that would be at the time of subdivision /plat. City Attorney Bob Bauer stated that is correct. There is no specific development plan at this time, only a concept plan, and the land use issue must be addressed first. Member Supina discussed the property tax revenue estimated at $1.1 million ($6,500 per home) per year displayed by Mr. Manley. He stated regardless of'the Comprehensive Guide Plan Amendment, there is no guarantee a golf course will remain in operation on the property. There was discussion on procedural issues, standing and time between applications. Mr. Bauer stated the application should be signed by the property owner and there is no reason to believe it is not, however, staff can verify that. Member Piper stated the Advisory Planning Commission does not consider eminent domain. Member Jansma stated he will vote against the proposal because with the surrounding County parks, he is not prepared to change Comprehensive Plan. Member Heaney stated that while Parkview may be a valuable `jewel' it but may not be profitable. He also stated there is time to explore other options. Member Filipi stated the purpose of the Advisory Planning Commission and stated the profits of the land owner is not a concern of the Advisory Planning Commission. Chair Heaney asked to clarify process and timing of subsequent applications if a development were to move forward. City Planner Ridley summarized the process if the proposal were to move forward, including Metropolitan Council review of the land use amendment, rezoning and subdivision applications. Chair Heaney clarified that it is the City Council that has the authority for eminent domain and to purchase property, that is not a question before the Advisory Planning Commission as an alternative. City Planner Ridley stated that is correct. Member Filipi asked if the 60 -day agency action time frame applies to Comprehensive Guide Plan Amendment. City Planner Ridley stated the 60 -day agency action deadline is not in effect for a Comprehensive Guide Plan Amendment. •S Advisory Planning Commission May 22, 2012 Page 7 of 13 Member Piper referenced other questions raised by the public regarding procedural issues, and whether an additional 60 -90 days can be taken to review this proposal. City Attorney Bauer indicated the typical timeline on applications is to get through the processing 60 days. He indicated that since the 60 -day time frame does not apply to Comprehensive Guide Plan Amendment, the question for the APC is whether they have enough information to take an action on the proposed land use amendment at this meeting. Member Piper asked for clarification of the public notice process and whether protocol had been followed for this request. Planner Dudziak responded that notices are mailed out to property owners within 350' of the site two weeks prior to the date of public hearing. The applicant provides a mailing list certified by a title or abstract company that is used for that mailing. Member Piper asked about the question raised by one speaker as to whether the applicant had standing. City Attorney Bauer stated the application has to be signed by the property owner, and staff would verify that. Member Piper asked whether the Advisory Planning Commission can consider the potential for the City to purchase the property and use eminent to do so. Chair Heaney reiterated his prior inquiry and responded the responsibility of the Advisory Planning Commission is land use; any question of a purchase of the land is a matter for the City Council. Member Jansma stated he will be voting no on the proposal out of concern for the Dakota County Lebanon Hills Regional Park to the south, that it is the start of the Rosemount and Vermillion gateway. master plans. He further stated that while the APC is not reviewing engineering and environmental effects at this time, he is not prepared to change the Comprehensive Guide Plan and possibly allow that to happen. Chair Heaney summarized the application request and provided an overview of comments and discussion to this point. Member Filipi commented that the Advisory Planning Commission's responsibility to review the question of land use. He stated that whether the current use of the property is profitable is not an element of consideration for Advisory Planning Commission. The question is whether the most appropriate use of the property is as golf course or is it appropriate as Low Density. Whether or not the owner is making a profitable way of it, it is the prerogative of the land owner to make an application for a different land use. Member Filipi moved, Member Heaney seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from REC, Private Recreation, to LD, Low Density residential, upon approximately 80 acres located at 1310 and 1290 Cliff Road. ?01 Advisory Planning Commission May 22, 2012 Page 8 of 13 Member Supina stated he will vote against the proposal. He stated the owner should not be shackled to the golf course but he is concerned with city's housing goals. He stated his evaluation is based on whether the proposal is in the best long -range interests of the city and whether it promotes the general health, safety and welfare. If the city amends the plan to add housing — it should meet housing goals expressed in the comprehensive plan; particularly, the gaps in senior housing and entry level housing should be addressed, and in this case, with only a concept plan there is no assurance that would be the case. A vote was taken. Aye: Chair Heaney Nay: Vice Chair Filipi, Secretary Piper, Members Jansma, Supina and Vanderpoel. Motion failed 1 -5. Member Piper moved, Member Filipi seconded a motion to recommend denial of a Comprehensive Guide Plan Amendment to change the land use designation from REC, Private Recreation, to LID, Low Density residential, upon approximately 80 acres located at 1310 and 1290 Cliff Road. Member Piper stated he has concerns. It is important to recognize the city's historical commitment to keeping open recreation and open space in City of Eagan. He stated concerns with traffic and environmental issues, which he understands will be addressed later. He stated fear of a similar legal situation as the Carriage Hills case. He stated that on a pure land use perspective and whether the land use should be amended, he will vote yes for denial. Member Filipi stated he will vote yes for denial due not because he is in particularly interested in it remaining a golf course, but rather because he is more opposed to it being Low Density, in agreement with Member Supina. He stated that the Low Density designation is more likely to result in large lot single - family residential which is not something he sees as filling Eagan's housing needs. Member Vanderpoel stated she will vote yes for denial, in agreement with Member Filipi. She stated a golf course is a hard business, however, the Low Density designation is not in the best interest of the City. She.stated the references made to changing demographics and the aging of the City's population and that while aging residents do need recreational opportunities, a much more important factor is that seniors in Eagan also need a place to live. Chair Heaney stated he will vote against the motion to keep the proposal moving forward to the City Council for discussion. A vote was taken. Aye: Vice Chair Filipi, Secretary Piper, Members Jansma, Supina and Vanderpoel. Nay: Chair Heaney Motion carried 5 -1. The Advisory Planning Commission took a 10 minute break and reconvened at 8:47 p.m. UOq PLANNING REPORT CITY OF EAGAN REPORT DATE: May 16, 2012 APPLICANT: Hunter /Emerson, LLC PROPERTY OWNER: Parkview Golf Associates, LLC REQUEST: Comprehensive Guide Plan Amendment LOCATION: 1310 and 1290 Cliff Road CASE: 34- CG- 01 -04 -12 HEARING DATE: May 22, 2012 APPLICATION DATE: April 30, 2012 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: REC, Private Recreation ZONING: P, Park SUMMARY OF REQUEST Hunter/Emerson, LLC is requesting approval of a Comprehensive Guide Plan Amendment to change the land use designation from REC, Private Recreation, to LD, Low Density residential, upon approximately 80 acres located at 1310 and 1290 Cliff Road, south of Cliff Road between Pilot Knob Road and Lexington Avenue. The property is legally described as the E '/z of NW '/a of Section 34, and Lot 1, Block 1, Parkview Golf Club. AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long -range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. (o3 Planning Report — Parkview (Hunter/Emerson) May 22, 2012 Paee 2 BACKGROUNDIHISTORY History — Parkview golf course was established on this site in early 1970s. A five -acre parcel was platted for construction of the existing clubhouse in 1998. Also in 1998, a Conditional Use Permit was approved for a 100 -foot tall monopole located in the northeast corner of the site. In 2009, a Conditional Use Permit allowing a 10' height extension to the existing monopole was approved. Zoning — The property is identified as Agriculture on the earliest zoning maps which date back to the 1960s. In 1973, the property shows as Public Facilities, which remained the zoning designation until 2000. On the 2000 zoning map, it is identified as Public Facility/Institutional and in 2002, the zoning is identified as Park, which it has remained to date. Comprehensive Land Use Guide Plan — The city's first comprehensive land use guide plan and map were prepared in 1974, after the golf course had been established on this site. That plan designated the property "Golf' and the map legend identified it as quasi - public and it remained so until 1991. In a comprehensive revision of the city's land use guide plan map in 1991, the City Council made a policy decision to change all schools, churches, parks, golf courses and other public or quasi - public properties to one of two designations, either P for Parks or PF for Public Facilities to correct errors from previous maps and for consistency. This resulted in the PF designation for the Parkview Golf Course property. It remained PF until 1998 when it was designated P, Parks and Recreation Open Space. In 2010, with the adoption of a City -wide Comp Plan Update, the REC, Private Recreation land use designation was created and applied to this property. EXISTING CONDITIONS The site is a developed golf course with driving range. Access to the property is provided from a single driveway directly to Cliff Road. The subject site consists of two parcels, a 5 -acre platted parcel containing the clubhouse and parking lot, and an approximately 75 -acre unplatted parcel containing the golf course and driving range. A 110 -foot communications monopole also exists on the northeast corner of the property. A CUP for the tower was granted in 1998, and a height extension of the tower to 110 feet was approved in 2009. The commercial cell tower is an existing use on the northeast corner of this site. The property is currently zoned P, Park, and is guided REC, Private Recreation. The land use designation is proposed to be amended to LD, Low Density, to allow redevelopment of the site with residential uses. Commercial use communications towers are not allowed in residential zoning districts. The applicant's narrative indicates that redevelopment of the site includes "eventual removal of the cell tower." This matter would need to be addressed with application of a specific development proposal for the site. (c)4 Planning Report — Parkview (Hunter/Emerson) May 22, 2012 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST PROPOSAL The applicant desires to redevelop the property. The submitted narrative and concept plan identify an intent to establish a single - family residential neighborhood "for a variety of housing types and limit views to the surrounding homes." The concept plan proposes a mix of single - family homes, density of 2.18 units per acre, common or open area, vegetated buffers to existing homes, internal walks and trails as well as trail connections to Lebanon Hills Regional Park, a common swimming pool amenity, removal of driving range netting and eventual removal of the cell tower. ENVIRONMENTAL IMPACTS Topography — The site is generally open, with areas of mature trees, and generally slopes from south to north with elevations ranging from 1070 to 1010. Storm Drainage — A large majority of the site lies within Drainage District B (as designated in the City Storm Water Management Plan — 2007), and flows north toward Cliff Road, and storm sewer system that drains to Thomas Lake. Any redevelopment of this site will be subject to the codified .post - construction storm water requirements for storm water volume and pollutant control. Water Quality — Any development will need to comply with Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality. These regulations include: design standards for volume control and reduction; total phosphorus control; total suspended solids control; oil and grease control; and runoff rate control — performance standards. They also provide for: minimization of impervious surface area and maximization of infiltration U Existing Use Zoning Land Use Designation North Water Treatment Plant; PF, Public Facilities; QP, Quasi - Public; Twinhomes R -2, Two-family Resid. MD, Medium Densily Resid. East Single - Family Resid.; R -1, Single- Family; LD, Low Density Resid. Lebanon Hills Regional Park P, Park P, Parks, Open Space & Recreation South Lebanon Hills Regional Park P, Park P, Parks, Open Space & Recreation West Single - Family Resid.; R -1, Single - Family; LD, Low Density Resid. George Ohmann Park P, Park P, Parks, Open Space & Recreation EVALUATION OF REQUEST PROPOSAL The applicant desires to redevelop the property. The submitted narrative and concept plan identify an intent to establish a single - family residential neighborhood "for a variety of housing types and limit views to the surrounding homes." The concept plan proposes a mix of single - family homes, density of 2.18 units per acre, common or open area, vegetated buffers to existing homes, internal walks and trails as well as trail connections to Lebanon Hills Regional Park, a common swimming pool amenity, removal of driving range netting and eventual removal of the cell tower. ENVIRONMENTAL IMPACTS Topography — The site is generally open, with areas of mature trees, and generally slopes from south to north with elevations ranging from 1070 to 1010. Storm Drainage — A large majority of the site lies within Drainage District B (as designated in the City Storm Water Management Plan — 2007), and flows north toward Cliff Road, and storm sewer system that drains to Thomas Lake. Any redevelopment of this site will be subject to the codified .post - construction storm water requirements for storm water volume and pollutant control. Water Quality — Any development will need to comply with Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality. These regulations include: design standards for volume control and reduction; total phosphorus control; total suspended solids control; oil and grease control; and runoff rate control — performance standards. They also provide for: minimization of impervious surface area and maximization of infiltration U Planning Report — Parkview (Hunter/Emerson) May 22, 2012 Paee 4 and retention; acceptable complementary stormwater treatments; pond requirements; regional ponding; and maintenance of private stormwater facilities. Wetlands — There appear to be some small ponds on the site. A wetland inventory would be required at the time of Preliminary Subdivision application for a specific development plan to determine the status /classification of the ponds and whether they are subject to the City's Wetland Protection and Management Regulations (City Code § 11.67). Tree Preservation — Any redevelopment of the site would be subject to compliance with the City's Tree Preservation Ordinance (Sec. 11.70, Subd. 13) which applies to new developments and new building construction. A tree inventory would be required at the time of a specific development application, and the impact to existing trees and any applicable mitigation also would be determined at that time. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The requested land use designation associated with this application is Low Density residential. The subject site is not located within the designated contours of the Airport Noise Policy Zones and as such, no noise mitigation measures are required. Environmental Review — Any redevelopment of the subject site will be required to address the physical and environmental factors that could influence the development potential of the property. As depicted in the concept plan submitted by the applicant, the residential unit count does not meet the 250 unit threshold that would require a mandatory Environmental Assessment Worksheet (EAW), as set forth in state law.. Summary — Environmental Impacts The site is currently served by existing storm sewer that drains to Thomas Lake. Any redevelopment of this site would be subject to City ordinances related to storm water volume and rate control, as well as pollutant control and water quality management. The City's tree preservation ordinance requires a tree inventory at the time of application for a specific development plan. A wetland inventory also would be required at the time of application for a specific development plan. No noise mitigation measures are required since the site is not located within the designated Airport Noise Policy Zones. INFRASTRUCTURE IMPACTS Streets /Access /Transportation — Public street accesses for redevelopment of the site will be to Cliff Road (County State Aid Highway 32) to the north and Interlachen Drive (within Fairway Hills Addition) to the west. Any subdivision/plat will be reviewed by the Dakota County Plat i Planning Report — Parkview (Hunter/Emerson) May 22, 2012 Paize 5 Commission and the street access intersection at Cliff Road would be subject to Dakota County access spacing guidelines and access permit requirements. Interlachen Drive is a city street stubbed to the west edge of the subject site with development of the Fairway Hills subdivision in 1988 for future extension into this property. In 2006, after concerns were raised by residents elsewhere in the City about new development connecting to existing streets, all temporary cul -de -sac or dead -end streets in the City, including Interlachen Drive, were signed "Future Thru Street" to indicate that the existing dead -end design was a temporary situation, and that street extensions were possible if future development were to occur. Easements/Permits/Rights -of -Way — Any redevelopment of this property will be required to dedicate 75 feet of public right -of -way from the centerline of Cliff Road for future upgrade needs of the roadway. An existing Northern Natural Gas easement covering a gas pipe line extends through the southern half of the property. Sanitary Sewer — Lateral sanitary sewers of sufficient size, depth, and capacity are available to the west and north for connection by redevelopment of this site. Sanitary sewer District N (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. Water Main/Supply — Water main stubs of sufficient size and capacity are available to the north, west, and south for connection and extension with any redevelopment of the property. Summary — Infrastructure Impacts Public street access is available in two locations, from Cliff Road to the north and Interlachen Drive to the west. Any subdivision/plat would be subject to review by Dakota County Plat Commission. Additional right -of -way dedication will be required for Cliff Road. A gas pipeline easement extends through the southern half of the property and will need to be maintained. Sanitary sewer and water main service are available to serve redevelopment of the site. COMPREHENSIVE LAND USE IMPACTS Land Supply — Over one -third of land in the City of Eagan is dedicated to residential uses. Eagan's current housing stock consists of over 26,000 units of diverse housing types, with 53% being single family detached residential units. However, the age of Eagan's housing stock reflects the community's rapid growth during the 1980's with 60% of its housing units constructed around this time period. As the City's housing and population ages, the challenge for the City is to monitor the housing supply and find appropriate ways to fill gaps in housing needs to meet changing demographics and market demand. The amount of vacant and underutilized land left in the City is relatively small compared to the total land area of Eagan. In fact, less than 0.5% Eagan's total land area is considered vacant `1 Planning Report — Parkview (Hunter/Emerson) May 22, 2012 Paee 6 residential. Most of the future residential land supply consists of underutilized large lots with existing single family uses, most of which are anticipated to remain underutilized in the foreseeable future due to market conditions and natural development restrictions. Despite a limited land supply, household growth in Eagan is expected to rise by 3,000 over the next 20 years. This growth is anticipated to occur mainly within infill and redevelopment areas. At least one -third of Eagan's future housing growth is expected to occur with redevelopment within Special Areas. As a result of Eagan's current growth stage, Eagan is now considered a "developed" community under Metropolitan Council's criteria. The Regional Development Framework expects the planned residential development within developed communities to have a density of 3 to 5 units per acre. Currently, the total planned residential growth in Eagan meets this expectation at 3.4 units per acre. Redevelopment based on the concept plan submitted with this proposal would add an additional 175 units on 80 acres, lowering the planned growth density to 3.3 units per acre, which is still within the expected density range. Additionally, the City of Eagan participates in the Metropolitan Council's Livable Community Act and agrees to participate under its Local Housing Incentive Account Program. This agreement sets the following affordable and life -cycle housing goal ranges by 2020: • Affordable Housing Goal — 619 -884 units • Life -Cycle Housing Goal — 880 -2,085 units Land Use Designations — The current REC, Private Recreation designation was applied to the property with the last City -wide Comp Plan update in 2010. The Private Recreation designation is described as providing for recreational facilities which are privately owned, such as golf courses and shooting ranges. In addition to ordinary park and recreation uses, the current Park Zoning allows single - family dwellings, via Conditional Use Permit, provided: the minimum lot size is four acres, all streets are public, connection to City water and sanitary sewer, impervious surface on any lot does not exceed five percent of the area of the lot and that structures are clustered to minimize impervious surfaces. The Comprehensive Guide Plan describes the proposed LD, Low Density, residential designation as providing areas for primarily single family detached housing units. The designation may also provide for some attached housing ( twinhomes or townhomes) if it complies with density restrictions and zoning requirements Corresponding zoning districts associated with the LD designation include E (Estate), R -1 (Single - family), R -1S (Single- family small lot), R -2 (Two - family), and potentially R -3 (Townhouse). The maximum gross density allowed within the Low Density residential designation is 4 units per acre. Lot sizes are generally consistent with R -1 zoning standards, although some smaller lot sizes exist in some older neighborhoods and in some planned developments. Compatibility considerations include that buffering is usually required where it abuts a more intense use, such as higher classified roadways or commercial /industrial uses. Also, appropriate scale, aesthetic ME Planning Report — Parkview (Hunter/Emerson) May 22, 2012 Page 7 treatment, and mitigation of potential external nuisances may increase compatibility in close proximity to different more intense land uses. The applicant's submitted concept plan does show some single - family lots that would be smaller than the typical R -1 zoning standards. The Comprehensive Guide Plan speaks to this stating the creation of new small -lot subdivisions may be appropriate in situations where: a) a maintenance organization or exterior maintenance provisions strategies are in place, b) the site contains unique physical characteristics that can be preserved through use of smaller lots and/or cluster design, and c) the development design is consistent with the surrounding neighborhood. The Comprehensive Guide Plan indicates that single - family development has few limitations beyond those imposed by existing regulations regarding wetlands, shoreland impacts, tree preservation and water quality. Cluster design should be considered in areas of steep slopes or other significant natural features worthy of protection. Cluster design can minimize disturbance of natural site features by utilizing smaller lots in exchange for substantial preservation of such features. Comprehensive Guide Plan Goals and Policies — The 2030 Comprehensive Guide Plan focused on the three key planning trends of Sustainability, Active Living and Connectivity. These themes are woven throughout multiple chapters of the City's Comprehensive Guide Plan. In evaluating this proposal, it is important also to consider the context of the proposal within the Eagan community and with regard to housing policy generally. With more than 95% of the City's land are developed, the Comprehensive Guide Plan directs how the community can help improve what already exists and create a more desirable, complete community as it continues to evolve. Below is a summary of strategies to support and encourage further these three themes as outlined in the land use section (Chapter 3) of the Comprehensive Guide Plan. • Sustainability: use of compact and mixed use development patterns, transportation patterns that reduce reliance on commuter traffic, use of green building design and low impact storm water management technique, and protection of open spaces and important natural features through easements, buffers and acquisitions. • Active Living: creating compact mixed use neighborhoods with accessible transit, enhanced trail connections, sidewalks, and pedestrian friends intersections, enhanced streetscapes (with trees, benches, and pedestrian scale lighting), social gathering places to meet pedestrian needs, and places where people can live and work without an automobile. • Connectivity: ensuring sidewalk and trail connections to community facilities and shopping areas, creating inviting gathering places to facilitate interaction between people, support activities that help foster strong neighborhoods, enabling technological advancement through a world -class broadband network, and establishing a sense of place and facilitating navigation through identification and naming of trail segments. The City's housing goals and policies are outlined in Chapter 4 of the City's Comprehensive Guide Plan, adopted in April 2010. These include: Planning Report — Parkview (Hunter/Emerson) May 22, 2012 Paee 8 • preservation of significant natural features • creating and improving pedestrian connections • supporting a diverse mix of housing types and values to accommodate housing needs of persons of all incomes and all stages of life • ensuring maintenance, rehabilitation and upgrading of existing housing stock to support property values • supporting redevelopment plans that ensure compatibility with surrounding existing land uses, and • ensuring redevelopment occurs in an orderly manner compatibility with existing surrounding uses. Opportunity Cities - Over the past 2 years, through a grant provided by the Urban Land Institute of Minnesota, the City has engaged with the Opportunity Cities team to evaluate housing trends to better anticipate and prepare for the community's future housing needs. That process has identified an aging demographic, aging housing stock, declining turnover due primarily to increased aging in place, and increased foreclosures. Through these trends, housing availability may be reduced which results in fewer opportunities to attract and retain a more balanced mix of households. As part of the Opportunity Cities Program, the City Council has expressed interest in further exploring possible sites for additional senior housing, opportunities and programs for housing rehabilitation, and possibilities for allowing accessory dwelling units. Telecommunications — The City of Eagan created the Eagan Technology Task Force in February 2004. This group was charged with researching and providing recommendations relative to broadband and fiber optic telecommunications networks within the community. The Task Force created a report that was presented to the Eagan City Council in December 2004. Part of the Policy Framework states: The City should establish and maintain an environment to encourage and provide state of the art and diverse telecommunications infrastructures to assist in the recruitment and retention of residents, organizations and businesses of all sizes. Recognizing that telecommunications is central to economic development and quality of life, the City needs to maintain an ongoing effort to ensure that Eagan stays competitive in this important area. Due to the size and scope of the conceptual development, the developer has an opportunity to introduce these technologies in its development plans so that it is consistent with the Policy Framework statement above. Planning Report — Parkview (Hunter/Emerson) May 22, 2012 Page 9 Summary — Comprehensive Land Use Impacts The 2030 Comprehensive Guide Plan focused on the three key planning trends of Sustainability, Active Living and Connectivity. Stated housing goals policies include preservation of significant natural features, pedestrian connections, diversity of housing types and values, maintenance, rehabilitation and upgrading of housing stock, and support of redevelopment plans that occur in an orderly manner compatible with existing surrounding land uses. Through the Opportunity Cities grant, the City has examined housing trends to better anticipate future housing needs. Identified trends include an aging demographic, aging housing stock, and declining turnover which may reduce housing availability and provide fewer opportunities to attract and retain a more balanced mix of households. As a result, the City Council has expressed interest in further exploring possible sites for additional senior housing, opportunities and programs for housing rehabilitation, and possibilities for allowing accessory dwelling units. The Telecommunications Policy Framework prepared in 2004 invites developers to include telecommunications infrastructure for residents and businesses to support economic development and quality of life. PARKS AND RECREATION SYSTEM Park Dedication — Redevelopment would be responsible for a park dedication. Applying the current policy standard for a park land dedication would equate to 8 acres, assuming an 80 -acre site and a full 10% dedication. The subject parcel is bordered on the SW corner by George Ohmann City Park. The subject would be within the Ohmann Park Service District. Ohmann provides amenities consistent with the general standard for a neighborhood park. It also contains a significant turf area designed and built for soccer, generally in the form of 3 regulation fields which are heavily used from April to October. An increasing demand for more area for field sports including not only soccer but also lacrosse and rugby have put a burden on City fields necessitating the use of nontraditional field areas. A land dedication adjoining Ohmann Park would allow for the development of additional field space that would be used to help offset the demand. The most efficient configuration would include the relocation of an existing youth ball field into the dedication area which would allow for the expansion and increased use of existing turf spaces. Additional fields would also create a need for increased parking which could be accommodated with an additional lot within the dedication area. To accomplish the development of additional field space in this configuration the City would require a dedication of approximately 4 acres, or 50 % of a total land dedication. The balance of the dedication could consist of cash and /or credit for assistance with the park development (grading, paving etc). 9 1 Planning Report — Parkview (Hunter/Emerson) May 22, 2012 Page 10 Trail Dedication — Any redevelopment of the site would be responsible for a trails dedication. As per past practice and policy, the dedication could be met with a cash payment and /or credit given for the development of trails that have public benefit. Because Ohmann Park provides park services for this area, a trail link into the park is highly desirable. The proposed development also borders an existing public boulevard trail on the north end of the property that links with the City -wide trail system. A public trail or system of walks through the development that would link the Ohmann Park area with the City -wide trail system is also highly desirable. One or more designated connections into Lebanon Hills Regional Park would also provide residents with opportunities to readily access the amenities found in Lebanon Hills which provides a different park experience than that of Ohmann Park. Dakota County has expressed an interest in discussing the concept. The specifics of a possible trail connection to Lebanon Hills Regional Park should be further explored at the time of a Preliminary Subdivision application for a specific development proposal. Dakota County Comments — Dakota County has expressed a desire to protect views from within Lebanon Hills Regional Park by minimizing visual impacts on park users, preventing encroachments on the park boundary, and protecting the park's water quality. The County has also expressed general support for establishing trail connections. As of the writing of this report, formal comments from Dakota County have not been received. Dakota County is expected to provide formal comment on the proposal which will be provided to the Advisory Planning Commission and City Council upon receipt. TreesNe etg ation — The highest quality existing trees are found in the northwest corner of the property. Efforts should be made to preserve as many as possible. Given the proximity to existing park spaces it may be visual and environmentally beneficial to mimic the natural character of the parks with any mitigation plantings that may be required. A strong buffer may also be appropriate. Summary — Parks and Recreation Any redevelopment of this site would be subject to park and trail dedications. The City has identified an increasing demand for more area for field sports, and a land dedication adjoining Ohmann Park could help offset the demand. Several desirable trail linkages have been identified including a trail link to Ohmann Park, a link to the City -wide trail system north of the site, and a system of trails through the development connecting Ohmann Park to the City -wide trail system and a possible trail connection directly to Lebanon Hills Regional Park. Dakota County desires to protect visual impacts to park users, maintain park water quality, and prevent encroachments to park boundaries. Planning Report — Parkview (Hunter/Emerson) May 22, 2012 Page 11 SUMMARY OF FINDINGS In evaluating this proposal, the following items should be considered: General Considerations • Hunter /Emerson, LLC, is requesting a change in land use designation to LD, Low Density, for 80 acres of property currently used as a golf course located south of Cliff Road and east of Pilot Knob Road. • The golf course has been operating since at least the early 1970s. A new clubhouse was built in 1998. A 110' communications monopole is present on the northern portion of the site. • The land use designation is proposed to allow for residential redevelopment of the site. • The submitted concept plan proposes 175 units on 80 acres, a density of 2.18 units per acre. • In addition to traditional park and recreation uses, the current P, Park, Zoning allows single - family dwellings up to one per four acres, via Conditional Use Permit, provided certain performance standards are met. • Corresponding zoning districts associated with the proposed LD, Low Density, designation include E (Estate), R -1 (Single - family), R -1S (Single - family small lot), R -2 (Two - family), and potentially R -3 (Townhouse). Environmental Impacts • The site is currently served by existing storm sewer that drains to Thomas Lake. • Any redevelopment of this site would be subject to City ordinances related to storm water volume and rate control, as well as pollutant control and water quality management, as well as tree preservation. • A wetland inventory also would be required at the time of application for a specific development plan. • Based on the submitted concept plan, the proposed 175 residential unit count does not meet the 250 unit threshold that would require a mandatory Environmental Assessment Worksheet (EAW), as set forth in state law. • No noise mitigation measures are required since the site is not located within the designated Airport Noise Policy Zones. 1�3 Planning Report — Parkview (Hunter/Emerson) May 22, 2012 Pace 12 Infrastructure Impacts • Public street access is available in two locations, from Cliff Road to the north and Interlachen Drive to the west. • Any subdivision/plat would be subject to review by Dakota County Plat Commission. • Additional right -of -way dedication will be required for Cliff Road. • A gas pipeline easement extends through the southern half of the property and will need to be maintained. • Sanitary sewer and water main service are available to serve redevelopment of the site. Comprehensive Land Use Impacts • Less than 0.5% Eagan's total vacant and underutilized land area is residential. • Household growth in Eagan is expected to rise by 3,000 over the next 20 years. • Through the Opportunity Cities grant, the City has identified trends include an aging demographic, aging housing stock, and declining turnover which may reduce housing availability and provide fewer opportunities to attract and retain a more balanced mix of households. • As a developed community, the challenge with an aging housing stock and population is finding appropriate ways to fill gaps in housing needs to meet changing demographics and market demand. • The City Council has expressed interest in further exploring possible sites for additional senior housing, opportunities and programs for housing rehabilitation, and possibilities for allowing accessory dwelling units. Parks and Recreation System • Any redevelopment of this site would be subject to park and trail dedications. • A possible park land dedication adjoining Ohmann Park could help offset increased demand for field sports. • The site provides the possibility for trail linkages to Ohmann Park, the City -wide trail system to the north of the site, and possibly also to Lebanon Hills Regional Park. V1 L4 Planning Report — Parkview (Hunter/Emerson) May 22, 2012 Page 13 Dakota County desires to protect visual impacts to park users, maintain park water quality, and prevent encroachments to park boundaries. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from REC, Private Recreation, to LD, Low Density residential, upon approximately 80 acres located at 1310 and 1290 Cliff Road. �l 5 Location Map Project Name: Parkview Golf Course Request: Comprehensive Guide Plan Amendment Case No.: 34- CG- 01 -04 -12 City of Eakau q6 Feet 0 500 1,000 2,000 Legend ,.111t Imes City Boundary Parcels \ Parks Buildings N City of Eapn Current Zoning and Land Use Map Application: Parkview Type: Comprehensive Guide Plan Amendment Case No.: 34-CG-01-04-12 Zoning P, Park Land Use Plan REC, Private Recreation Z\ N 0 300 600 1,200 Feet — y7r7- IV Subject Site REC E PD P �2 R- R .1 Subject Site R - P R- A PF — y7r7- IV Subject Site REC , � f s " i6 1~ t " n' - • C ,rt i{ J r•� t1 i ! 4.. ..p�xae ` Jy t 1' f I ) , -- - - - - -J i L— — — — — — -J I - - - --r- -' — — — — A.F.WA-- — — L 111 I 1 III III 111 III i I II III i11 II I I II it I 1 II II it 11 II II u � II � I ,. II II III 111 A 111 - III a II a 111 . I 1 " 111 ^ III III III I I I III ``\ `\ I II I tl it II 11 ,_ II 11 11 ii ;1 II I 1 II 1i i � i ili ili i1i i1i � -; Ix .;. ,.II I II li II i11 I 1 I IIi �. 111 - �1 I 111 111 111 III 111'1 1 111 -. 1 IIi; I i I I 1 - L___________ +i 1 II I 11 1 I I I i I I dd� Ill_____J }L_____JIL____ �� C r -- g� Ctrltlr , +� 1 g g ! g ! g IRI ! • r g g t! tr -� ,� !� t C C g- 11t— i._C�.�. -�. t g r `�!-' t '�,4 ;' g g! C •! C g,C C C C! r 44 ❑ t _ Cg IC 4�_- ,�-- ,'+�4� all 1<� Pt aC 4 y t< , yl 'I - 21 i of �I 6 0 ■ 6 d� o. o�w�•�.t... _ i i i 2 i �� si I • \t200NV•ti, W21, 2012 - t— r % I%f P ! ! g t1 P P C-P P gt t P I �!it�CPI�P � i f t :c7 N E EXISTING CONDITIONS W21, 2012 - t— r % I%f M%111 l E�! ! E! !! ! E E C E E ! �! E! E E �► ,E E E i E C C ! ! ! E ! E ! ! ! • ! E E !! 1l+1 E C ! E it E U- ,! INA C !E!E !E ECEt t!E!E!C!!1! E ! !t t ! t , a �t-i "q $! E !! t E ! E E C C!! E E � C a � E t C C! +E �► !; E ! E t E C ! ! ! ! t �! ! ! t ! � �l.�E IE ! E ! ! �� t �x 1 ! A T. � ° � ° z tT► i 4 o � A-4 e g$ o v tit N 1�>{:�A y= Ip 11. 1011-Q.16u. Oa+tiV �� A`.�1VIOM.\•r.nW`IM cap w r F Ro�►G . _...,. -. Ol L 41L �1 _ -• Q o o TA Pte. � �' : •- - _:_... : �,, �. -r�.�� i v W Alliant Engineering Inc." 'L ©TS ; 65 '—If t� • ��r+�rrr �$D 2 a8 a /,. _> ' ' -15 r —t •Cor mct4 i4iEP. lSAG.(22•s%� W 233 PAaa AvEm7F Sovia, SUITE 300 1-76 NfmiArors, Muua=TA 55415 -1108 COMPREHENSIVE GUIDE PLAN AMENDMENT SUBMITTAL NARRATIVE PARKVIEW GOLF COURSE EAGAN, MINNESOTA April 18, 2012 COMPREHENSIVE GUIDE PLAN DESIGNATION The application area currently has a 2030 Land Use designation of Private Recreation. The applicant is respectfully requesting consideration of a Comprehensive Guide Plan Amendment to Low Density (LD) in order to allow for single family homes. ZONING CLASSIFICATION The property has a current Zoning of Park (P). The applicant will most likely request consideration of a Planned Development (PD) if a Comprehensive Guide Plan Amendment is favorably received by community representatives. LAND USE EXISTING CONDITIONS Parkview Golf Course is the application area, which is located east of Pilot Knob Road and south of Cliff Road. The site area is approximately 80 acres and is bound by Cliff Road to the north, a single family subdivision to the northeast, Lebanon Hills Regional Park (LHRP) to the southeast, LHRP to the south, a City Park to the southwest and a single family subdivision to the northwest. The course is an 18 hole switchback type layout with tight fairways and tee boxes located in close proximity to greens. It is suspected that course patrons are primarily local due to its' dated layout and tight play. It is the understanding of the applicant that market conditions have provided limited opportunity for the course owners over the last several years. The site provides for a clubhouse to the north, a 200 stall parking field to the north, a driving range with considerable netting and a large cell tower. Site access is provided via a frill intersection at Cliff Road. Interlachen Avenue, which passes through the subdivision to the west, is stubbed to the site near the west border. Topography of the site generally increases in elevation to the south with a high -point at green 6 in the southeast corner, which is at an elevation of 1072. Cliff Road varies in elevation from 1012 to 1022, with a high -point at the current access drive. A variety of tree species exist, which are common to the area, and include: Black Cherry, Ash, Maple, oak, Basswood, Cottonwood, Box Elder, Pine, Spruce and Cedar. A number of mature Oaks are present near the northwest corner of the site and are of considerable size. Comprehensive Guide Plan Amendment Submittal April 18 2012 Parlview Golf Course — Eagan, MN Pagel of 3 E!n RECEIVED APR &0 2012 NARRATIVE 1�?a PROPOSED PLAN The applicant is currently considering development of a single family subdivision, which would provide for a variety of housing types and limit views to the surrounding homes. It is also intended that the project work to preserve existing vegetation internal to the site and possibly align internal roadways with existing vegetation at the fairways to provided interest and limit tree disturbance. It is intended that the plan, if acceptable, limit disturbance of the site and particularly those areas adjacent to the existing homes to the east and west. The current Parkview Concept plan proposes to provide the following: • A mix of single family homes • A density 2.18 units per acre • Common or open area of 22.5% • 50' -150' vegetated buffers to existing homes • Limited tree disturbance • Internal walks and trails • External trail connections to Lebanon Hills Regional Park • A common pool area • Removal of driving range netting • Eventual removal of the cell tower TIMING/PHASING It is the applicant's desire to begin development of a portion of the site this year, if possible. However, the applicant understands the significance of the communities need to evaluate and consider the request. Therefore, it is anticipated that timing of the project can be better defined once the applicant is able to receive input from community representatives and residents. SURROUNDING PROPERTY DESIGNATIONS LAND USE The property is currently surrounded with numerous Land Use designations, which are as follows: North — Office /Service (O /S) & Public /Quasi - Public (QP) East — Low Density (LD) & Parks, Open Space & Recreation (P) South — Parks, Open Space & Recreation (P) West — Low Density (LD) & Parks, Open Space & Recreation (P) Comprehensive Guide Plan Amendment Submittal April 18, 2012 Parkview Golf Course — Eagan, MN Page 2 of 3 zz LAS ZONING The property is currently surrounded with numerous Zoning designations, which are as follows: North — Planed Development (PD) & Park (P) East — Residential Single Family (R -1) & Park (P) South — Park (P) West — Residential Single Family (R -1) & Park (P) PROPOSED LAND USE COMPATIBILITY The current Parkview Concept plan is compatible with the surrounding single family subdivisions, which abut the site to the east and west. If approved, a Comprehensive Guide Plan Amendment to Low Density (LD) would be consistent with the surrounding Land Use designations of Low Density (LD) CONCLUSION The applicant respectfully concludes that the request for a Comprehensive Guide plan Amendment from Private Recreation to Low Density is reasonable. It would allow for a development that is very similar to the surrounding properties and provide screening to existing homes with significant vegetated buffers. It would also relieve the current Parkview Golf Course owners from the challenge of having to manage a course that is dated and receives limited opportunity. Lastly, it would allow for the removal of a number of course features such as range netting, accessory structures and the eventual relocation of the cell tower, which may not be desirable for surrounding property owners. If approved, the applicant looks forward to working with the City of Eagan and Community in providing a project that is unique, preserves exiting vegetation and exceeds expectations for this area. Comprehensive Guide Plan Amendment Submittal April 18 2012 Parkview Golf Course — Eagan, MN Page 3 of 3 ARM Lqw City of Eagan ma To: Tom Hedges, City Administrator From: Juli Seydell Johnson, Director of Parks & Recreation Date: June 14, 2012 Subject: 20/20 Parks Vision — Findings Related to Golf The 20/20 Parks Vision document does not make a recommendation concerning golf courses in Eagan. It appears that a desire for golf course availability was made by a few residents during the public participation process. However, the interest/demand shown was not enough for golf to be included as a recommendation or need in the plan. The plan was completed at a time when Carriage Hills, Lost Spur and Parkview golf courses were in operation and they are included in a list of "Community Recreation Resources" in the Community Profile section of the report (page 1 -21). No further recommendation is made. Priorities of the plan were as follows: • Maintaining service level of current park system. • Balancing programming and services to match demographic needs with priority in the following areas: • Senior Programs • Teen Programs • Nature and History Programs • Arts and Culture Add additional open space and trails. Consider the following unique facility as public demand warrants: o Skate /Bike Park (Done) o Dog Park (Done) o Disc -Golf (Done) o Formal Gardens o Spraygrounds o Cultural and Performing Arts Center (Art House programs) o Cascade Bay Modifications (On -going) o Synthetic Turf and Bubble o Civic Arena Enhancements (Done) D Dougherty, Molenda, Solfest, Hills & Bauer P.A. OUGHERTY MOLENDA Qi M © ® 0 Attorneys I Advisors MEMORANDUM TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: June 7, 2012 RE: Application Regarding Parkview Golf Course / Amendment to Comprehensive Guide Plan Our File No. 206 -32528 7300 west 147th Street Suite 600 Apple Valley, MN 55124 (952)412- 3136 Phone (952) 432 -3780 Fax %v %v %v dinshl) coin In response to your request, this memo addresses several questions surrounding the application by Hunter/Emerson, LLC and Parkview Golf Associates, LLC to change the land use designation of 80 acres of land from PR (Private Recreation) to LD (Low Density Residential). 1. What is the legal standard used in reviewing the Council's decision on the application? The standard of review is whether there exists a rational basis. A review is made of the record of the material and proceedings of the meetings of the City Council to determine whether the facts and stated reasons for the decision promote the general health, safety and welfare of the City. 2. Can the City forward the proposed amendment to the Metropolitan Council for review prior to its decision on the application? Yes, amendments to the Comprehensive Plans must be submitted to the Metropolitan Council before final approval is given by the City. Can the City deny a proposed amendment to the Comprehensive Plan following the review and approval by the Met Council? Yes, so long as the City has a rational basis for its decision, such decision can be made before or after review by the Metropolitan Council. 4. Does approving the proposed amendment to Low Density guarantee that the property will be developed in accordance with plans presently submitted by the applicant? No. Following a decision by the city council to amend the Comprehensive Plan, the City is required by statute to amend its official controls (zoning) within nine (9) months following amendment, so as not to conflict with the Low Density designation. Subsequent to a rezoning, the owner may submit any plan for approval that is consistent with the zoning. Pi (0 June 15, 2012 Page 2 of 2 5. What is the maximum residential density that could occur if the City were to approve the proposed amendment to Low Density? The actual number of residential units that could be built on the property is dependent upon the zoning classification that the City adopts. However, the maximum number for the site under the Low Density classification would be 320 residential units. 6. Can the developer submit plans that exceed the current proposal if the City rezones the property to allow for the creation of more units? Yes, as noted earlier, the developer could submit a project that complies with the zoning for the property and which does not exceed the maximum density of 320 single- family residential units. However, a project that consists of more than 250 unattached single - family dwellings requires the completion of an environmental assessment worksheet (EAW) prior to the approval of such a project. 7. Can the City approve the proposed Comprehensive Plan Amendment prior to the completion of an EAW? Yes, however, the City is prohibited from approving a project (e.g. a permit that would allow development to occur) if the mandatory threshold for an EAW is met or exceeded. Do the recent lawsuits involving a proposed development of golf courses in Mendota Heights and Eagan have any bearing on the council's decision? Yes, the Supreme Court in Mendota Golf adopted the standard for reviewing a council's decision — rational basis; and in Wensmann set forth the standard to be used in a "takings claim" when the decision is made to maintain an existing Comprehensive Plan designation. Attached are summaries of both cases. 9. Are the facts in Mendota Golf consistent with the present facts? No, though the zoning of Mendota Golf's property permitted residential use, the City of Mendota Heights took the position that the designation of "Golf' under its Comprehensive Plan would not allow residential even though the zoning allowed it. In Eagan, the zoning of A (Agricultural) or P (Park) allows for residential uses under the PR (Private Recreation) Comprehensive Plan designation. 10. Can the City maintain the existing Comprehensive Plan designation but allow for an increase of residential use of the property? Yes, the council may direct an amendment to a zoning ordinance (consistent with the existing Comprehensive Plan) to provide for an increase of housing units per acre. Dougherty, Molenda, Solfest, Hills & Bauer P.A. www.dmshb.com OUGHERTY MOLENDA © © 13 Attorneys I Advisors 81 2030 COMPREHENSIVE GUIDE PLAN (ADOPTED 2010) Land Use Plan PR (Private Recreation): Provides for privately owned recreational facilities (e.g. shooting ranges and golf courses) Land Use / Zoning Consistency Table 3.4 summarizes zoning categories consistent with land use Table 3.4 Zoning districts A (Agricultural), PF (Public Facilities) and P (Parks) are identified as consistent with the PR (Private Recreation) land use category Consistent Zoning A (Agricultural) Permitted Use: Agricultural Public Parks, playgrounds Single - family detached (5 acre minimum) = 16 total lots Conditional Use: Golf Course, country clubs, tennis clubs, auction facilities, boarding stables, feed lots, kennels, gun clubs, riding stables PIT (Public Facilities) Permitted Use: Conditional Use: P (Parks) * Permitted Uses: Churches, government buildings, hospitals, public utilities, schools Day care with church Camping grounds, golf courses, parks /playgrounds, public structures, swimming pools, tennis courts Conditional Uses: Gun clubs, nursery / day, nursery / landscape, church, schools, single - family dwelling, private recreational facilities Minimum lot size of four acres for any use = 20 residential total lots * Present zoning .W Mendota Golf, LLP v. City of Mendota Heights (January 2006) FACTS 1960 Property used as a par 3 golf course 1979 City adopts Comp Plan designating land as Golf Course 1995 Mendota Golf purchases golf course (zoning is residential (R -1)) 2002 Comp Plan remains "Golf Course:" Corresponding zoning districts are R -1, R -IA and R- 2 residential districts. In zoning districts, golf courses are conditional uses. 2003 City denies application to amend Comp Plan from "Golf Course" to "Low Density Residential" Mendota Golf sued to command an approval of the amendment. District Court concluded the denial was arbitrary and capricious. City appealed and Court of Appeals affirmed. DECISION First, the Supreme Court noted that the City acknowledged that a residential use of the property would conflict with the Comp Plan. The use allowed by the Comp Plan (golf) may be allowed as an exception (conditional use) under the zoning ordinance, however, the primary use allowed by the zoning ordinance (residential) was prohibited by the Comp Plan. The Court found that there existed a conflict between the Comp Plan and the zoning ordinance, which the city was required to resolve under Minn. Stat. § 473.858. The Court then addressed whether the city abused its discretion by denying the proposed amendment. The standard of review was stated by the Court as: "We uphold a city's land use decision unless the party challenging the decision establishes that the decision is "unsupported by any rational basis relating to promoting the public health, safety, morals or general welfare." The Court found that the City had a legitimate interest in protecting open and recreational space, as well as reaffirming the historical land use designations of the property. Legitimate objectives supporting the denial were found in the Comp Plan and cited by the council. Note: The Supreme Court did not foreclose the possibility of a claim for "regulatory taking." The parties settled their dispute. l Wensmann Realty, Inc. v. City of Eagan (July 2007) FACTS 1960's Property used as a privately -owned 18 -hole golf course Early 1990's City denied a request to amend the Comprehensive Plan to permit residential development of the property 1996 Original owner of the golf course sold the property to Rahn 2001 Comprehensive Plan is updated and the property is designated as P (Parks, Open Space and Recreation). Parks, trails, open space, natural areas, athletic complexes, ice arenas and golf courses are allowed uses in the P category. The City's Comp Plan recognized Carriage Hills as a component of the City's parks and recreation system, which is described as a "public- private" partnership. 2001 The City rezones the property to P (Park); uses include camping grounds, golf courses, parks, playgrounds, swimming pools and tennis courts. 2003 Rahn agrees to sell the property to Wensmann contingent upon the City reclassifying or rezoning the property to permit residential development. August 2004 City denies amendment to the Comprehensive Plan to permit residential development Wensmann and Rahn sued seeking a declaration that the City's action was arbitrary and capricious and it unreasonably affects a taking of the property without just compensation. The District Court concluded that the City's reasons for denying the Comprehensive Plan amendment were legally insufficient and ordered the City to immediately amend the Comprehensive Plan or to commence condemnation proceedings. The Court of Appeals reversed, finding the City had a rational basis for denying the plan and finding the property owner had no basis for a "taking claim." DECISION The Supreme Court concluded that the property owner failed to establish that the City lacked a rational basis for its decision: finding that the City articulated several reasons for declining the amendment to the Plan, including preservation of open and recreational space, and reaffirmation of the historical land use designations; and that a disruption of surrounding neighborhoods was possible due to increased traffic (need for signalization at Lexington and Yankee Doodle) and school overcrowding, causing a burden upon the school system. The Supreme Court then addressed the "takings claim," first noting that the purpose of the takings clause "is to ensure that the government does not require some people alone to bear public burdens, which in all fairness and justice should be borne by the public as a whole." The Court analyzed whether a taking had C10 occurred by using a Supreme Court case known as Penn Central. The analysis under Penn Central contains four components, which the Court addressed as follows: 1. Economic impact. The most appropriate method where the government chooses to maintain an existing plan designation is to determine whether the city's decision leaves any reasonable, economically viable use of the property. A land use regulation that leaves no reasonable use of the property has an unduly severe impact on the legitimate interests of the property owner (The Court could not determine on the record whether the City's denial left any reasonable use of the property.) 2. Investment - backed expectations. In examining a property owner's investment - backed expectations, the existing and permitted uses of the property when the land was acquired generally constitute the "primary expectation" of the landowner regarding the property. (The Court concluded that the investment - backed expectations favored the City. Rahn had no expectation of using the property at the time of purchase for anything other than a golf course and any losses that Rahn incurred subsequent to the purchase were the result of the general market conditions.) 3. Character of the government action. This focus is on whether the regulation is general in application or whether the burden of the application falls disproportionately on relatively few property owners. (The Court concluded the character factor favored the property owner, noting that the land use designation as extremely restrictive and aimed at things that have been considered governmental functions." The benefits of the open space provided by the golf course are widely shared throughout the community, but the costs are focused solely on the property owner. ") 4. Balancing of Factors. The final step of the takings analysis involves balancing the prior factors. (The Court concluded that the determinative factor was whether the denial of the Comprehensive Plan amendment leaves the property owner with any reasonable use of the property. If a golf course is no longer an economically viable use of the property and denial of the amendment leaves no other reasonable use of the property, the City's refusal to change the designation places a substantial uncompensated burden on a single property owner.) The matter in this case was remanded to the District Court to determine whether continued use of the property as a golf course was reasonable and whether holding or selling the property for investment purposes was a reasonable use. The parties settled their issues. c, C O U N T Y Physical Development Division May 17, 2012 Lynn Thompson, Director Dakota County Western Service Center Pam Dudziak, Planner 14955 Galaxie Avenue City of Eagan Apple Valley, MN 55124 -8579 3830 Pilot Knob Road 952.891.7000 Fax 952.891.7031 Eagan, MN 55122 www.dakotacounty.us pdudziak @cityofeagan.com Environmental Mgmt. Department Re: Preliminary concerns regarding the proposed housing development on the Office of GIS Parks and Open Space Department Parkview Golf Course site. Surveyor's Office Transit Office Dear Ms. Dudziak: Transportation Department Water Resources Department i� PnM d on re y6ed pope- 0 3C% pontm e, vi;sre M EQUA O�AiU EN _OY``EA Thank you for the opportunity to send you this letter in time for the Advisory Planning Commission's public hearing next week on the request to amend the Comprehensive Guide Plan for a proposed housing development on the Parkview Golf Course site. We are concerned about some of the potential impacts to Lebanon Hills Regional Park. If the City re- guides the land for single family residential use, we request that it be developed in a way that minimizes visual impacts on Park users, limits encroachment on the Park boundary, and protects the Park's water quality. Our other potential concern with re- guiding the property would be impacts to County State Aid Highway (CSAH) 32 (Cliff Road). As you are aware, CSAH 32 is a County highway and our goal would be to adhere to our access spacing guidelines and promote interconnectivity between neighborhood streets so that local trips could remain on the local system. Although we are aware that the City is only considering a Comprehensive Plan change at this time, we thought it might be helpful to know in advance about some of the issues that we see in the concept drawing: Visual Impacts. On the preliminary site concept plan, many of the larger lots back up to the property line with the Park and are much higher in elevation than the adjacent Park land. We are concerned that these homes may be visible not only from adjacent Park land but from many of the Park's internal trails. While we expect that Park trees will partially screen the homes during the summer months, the homes could be much more visible during the winter when people are cross - country skiing and the leaves are off the trees Ir May 17, 2012 City of Eagan Page 2 The visual impact could be even greater at night if the homes have a second story with lighted windows and /or flood lights. An open space buffer between the homes and the Park, and /or building height restrictions, could reduce these impacts. A natural screen — such as a line of conifers — could also help reduce the visual impacts of the development. 2. Encroachment. We have concerns about encroachment (fire pits, boat storage, sport courts, storage sheds, compost piles, etc.) into the Park over time by homeowners who aren't aware of, or perhaps ignore, the Park's boundary. Once again, a buffer may be the best way to reduce future instances of encroachment. City park dedication may also be an effective tool. 3. Stormwater Management. The City and the County have worked together to address surface water issues in this area. We will be interested in learning how surface water will be managed, and if any stormwater is proposed to enter the Park. Stormwater ponds and infiltration areas could be used as an opportunity to create a buffer between the proposed homes and the Park. 4. Access to CSAH 32 and Connectivity to Neighborhoods. Though it does not appear that the developer intends to change the access to CSAH 32 from its present location, it nevertheless will be a point of discussion. The current access configuration on CSAH 32 between CSAH 31 and CSAH 43 does not meet current County access spacing guidelines. More study will be needed to address this issue if a development moves forward. We also encourage connectivity between the adjacent neighborhoods to accommodate local trips and to ensure that the transportation system in the area of the development will operate as safely and efficiently as possible. 5. Local Trail Connections to Lebanon Hills. The project proposal mentions recreational trails into Lebanon Hills Regional Park. We will work with City staff to discuss local trail connections to this property and adjacent neighborhoods. One possibility would be to connect Lebanon Hills Regional Park to Ohmann Park and the Fairway Hills neighborhood, thereby serving both neighborhoods. The Lebanon Hills Regional Park Master Plan (which guides future development) is being updated this summer, so the timing is especially helpful. City staff will be invited to participate in the update of the master plan. Thank you again for the opportunity to review this proposed comprehensive plan change. If you have questions or concerns about our comments, please contact Kurt Chatfield in our Office of Planning and Analysis at 952 - 891 -7022 or I< urt.chatfield(@co.dakota.mn.us. Sincerely, 4"r-� Lynn Thompson, Director Physical Development Division cc: Commissioner Thomas Egan, District Three Commissioner Nancy Schouweiler, District Four Brandt Richardson, County Administrator M Cheryl Stevenson From: mattrjacobs @comcast.net Sent: Thursday, May 03, 2012 10:19 PM To: City Council Subject: Parkview Golf Course Hello, .am writing this note after attending the informational meeting tonight about Parkview Golf Course at the Community Center. The owner representative of the golf course and the developer, Mr. Manley( ?), appeared a little too comfortable in selling us their personal vision for the future of Eagan. Is the city of Eagan incredibly desperate for new property tax revenues? Who feels a residential sub - division is an enhancement for the city? I hope your wisdom and foresight are the attributes which have enabled you to have the honor of being members of the Eagan City Council. Sincerely, Matt Jacobs Eagan resident since '93 r C�A Pam Dudziak To: Pam Dudziak Subject: FW: Parkview From: Mike Ridley Sent: Tuesday, May 08, 2012 10:24 AM To: ' Reyne Branchaud - Linsk' Subject: RE: from Reyne Branchaud -Linsk Hi Reyne, I sure do remember you; I hope retirement is treating you well. To clarify, there was no City meeting last week. However, I understand the developer hosted a neighborhood meeting last week. City staff was not present at that meeting. The first City meeting will be the Public Hearing that will be held by the Advisory Planning Commission (APC) on May 22. The APC hear the item, take public testimony and make a recommendation to the City Council. The Mayor and City Council will consider the request on June 19th. Both of the meetings referenced start at 6:30 PM at City Hall. The application information submitted is attached for your review. I hope that helps. Mike Michael J. Ridley, AICP I City Planner I City of Eagan City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1651-675-5650 1651-675-5694 (Fax) I m rid lev(a?cityofeagan.com Qty of E f(In THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From: Reyne Bra nchaud -Linsk [ mailto :rbranchaAinsk(abgmail.coml Sent: Tuesday, May 08, 2012 9:52 AM To: Mike Ridley Subject: from Reyne Branchaud -Linsk Hi Mike I'm sure you'll remember me. I was the executive director of Dakota Woodlands for 13 years. I retired from a great career in nonprofit social service administration last year. I live in Eagan and now find myself personally in a similar situation with the Parkview Golf Course, that I was in at Dakota Woodlands with Carriage Hills. Ok, if I'm honest the Carriage Hills was tough. I was trying to manage what an organization like Dakota Woodlands would need /feel in the midst of a big long battle. CA �5 Anyway, I wasn't available for the city meeting last week regarding Parkview. I did get a copy of the potential plans from a neighbor. I'm wondering if you'd tell me what are the next steps with this plan. Were there a lot of people at the meeting? What was the tone of participants. This is a very different story than Carriage Hills. I live in the neighborhood across the street from Parkview. The parking lot is always filll at Parkview and it's really busy most days. Thanks for whatever inforination you can provide. I hope all is well Reyne Branchaud -Linsk 1�(-Q Pam Dudziak To: Pam Dudziak Subject: FW: Parkview Golf Course From: Mike Ridley Sent: Friday, May 04, 2012 2:54 PM To: 'alan browne' Subject: RE: Parkview Golf Course Mr. Browne, Fair questions that I am not able to answer at this point. However, all aspects (general land use planning, parks & recreation, transportation, tree preservation, utilities, water quality, etc.) will be part of the staff analysis and report preparation over the next few weeks which will be considered by both the Advisory Planning Commission and City Council. Have a good weekend, Mike Michael J. Ridley, AICP I City Planner City of Eagan City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1 651 -675 -5650 1651-675-5694 (Fax) I m rid ley(�)cityofeagan.com Qty of Ean(j'fj THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From: alan browne [mai Ito: alangbrowne @yahoo.coml Sent: Friday, May 04, 2012 1:47 PM To: Mike Ridley Subject: Re: Parkview Golf Course Mr. Ridley, Thanks for getting back to me with this information. Give the issues associated with the Carriage Hills development, I don't expect that it is possible to keep Parkview as a functioning golf course. Would the city consider negotiating with the future housing developers to have a small portion of the Parkview property zoned towards the purchase of land for a new city park or an expansion of Ohmann Park? With the addition of more families, I would expect Ohmann Park to become even busier. Could Interlachen Drive be kept from becoming a "through street" in order to avoid an increase of traffic in the Fairway Hills neighborhood? Thanks, Alan Browne From: Mike Ridley <MRidlevAcitvofeagan.com> To: 'clan browne' <alangbrowne(a yahoo.com> Sent: Friday, May 4, 2012 12:35 PM Subject: RE: Parkview golf course Mr. Browne: aCI I've been asked to respond to your question. The application pending is for a Comprehensive Guide Plan Amendment. This is a request to change the land use designation of the Parkview Golf Course from Private Recreation to Low Density Residential. The Advisory Planning Commission will hold a Public Hearing on the request and make a recommendation on the request to the City Council. The City Council will then take action on the request on either June 5th or 19th If approved, future applications would be submitted to rezone the property from Park to Single Family Residential and to subdivide the property to create the actual lots and streets. Please feel free to contact me if you have additional questions. Michael J. Ridley, AICP I City Planner City of Eagan City Ifall 1 3930 Pilot Knob Road I Eagan, MN 55123 651- 675 -5650 651- 675 -5694 (Fax) I mridley(a�cityofeagan.com City of WPM THIS COMMUNICATION NIA)' CONTAIN CONFIDEN "rIAL AND /OR OTIIERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. Ifyou received this in error, please contact the sender and delete the e -mail and its attachments from all computers. From: alan browne fmailto:alangbrowne ayahoo.com) Sent: Friday, May 04, 2012 10:47 AM To: APC Subject: Parkview golf course I understand the proposal to build a housing development on Parkview property will be an agenda item on the May 22 planning committee meeting. Would you please let the know what the proposal is that is being considered and what action may be taken on that date? 2 (2� <� Pam Dudziak Subject: FW: Parkview Rezoning From: Dick - Suevonne Negaard [mailto:dsnegaard @msn.com] Sent: Monday, May 21, 2012 11:59 AM To: APC Subject: Parkview Rezoning To: Eagan Advisory Planning Commission I am a 20 year resident of Eagan and writing in regard to the rezoning of the Parkview Golf Course property. I am stongly opposed to changing the zoning to residential and building homes on that property . Parkview has long been a recreational asset to the city of Eagan and has significantly made a contribution to the quality of life in Eagan and the surrounding area. As an affordable executive course, Parkview has offered accessible golf for people of all ages and abilities and has long had a tradition of helping train hundreds of junior golfers. The decision to change zoning in a community should be based on common community interest and it seems to many of us that this community benefits greatly from this recreational asset. It would be a tragic loss to this community if Parkview were to be closed now. Richard Negaard 1407 Cutters Lane Eagan, Mn 55122 dsnegaard @msn.com Pam Dudziak From: Juli Johnson Sent: Tuesday, May 15, 2012 7:07 AM To: Pam Dudziak Cc: Jon Hohenstein; Paul Olson Subject: Parkview Comments at APrC Pam, FYI — Mark Skweres, 4616 Fairway Hills addressed the APrC last night during "Visitors to be Heard" with his concerns about Parkview being converted into a housing development. He urged the APrC to discuss this issue and speak to the need for the golf course to serve the youth of our community. I thanks Mr. Skweres for his comments and let him know that this development has not been directed to the APrC for comment at this time. I explained that the APrC would review and discuss when a development proposal was made. Thanks, Juli Juli Seydell Johnson I Director of Parks & Recreation I City of Eagan City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1651-675-5500 1651-675-5012 ( Fax) 1 jsiohnson(cilcitvofeagan.com n� ��ii jj �l J1� THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. AC)o Julie Strid From: Mike Ridley Sent: Thursday, May 17, 2012 2:25 PM To: Julie Strid Cc: Pam Dudziak Subject: FW: Parkview Golf Course CGP Amendment From: mskweres@comcast.net [mailto:mskweresCa)comcast.netl Sent: Thursday, May 17, 2012 1:30 PM To: APC; mskweresC@comcast.net Subject: Fw: Parkview Golf Course CGP Amendment Please submit this to the commission for consideration at the upcoming meeting on May 22nd. It testifies to the impact that amending the plan would have on our youth community. We'd also ask that this issue and the impact of removing this recreational resource be reviewed by the Eagan Advisory Parksj Commission. No decision of this importance should be made without full analysis and assessment from all affected areas of the city and the community. Respectfully submitted, Mark Skweres Eagan resident Sent from my Verizon Wireless Droid - - - -- Original message---- - From: Pat Prindle <Pat. Prindle(cD YMCAtwincities.org> To: mskweres(a)-com cast. net Sent: Thu, May 17, 2012 13:33:21 GMT +00:00 Subject: RE: Parkview Golf Course Good morning Mark, Thank you for emailing me. Sorry I missed you yesterday but it is a busy time with summer around the corner. I am out of the office today but wanted to make sure i emailed you. The YMCA utilizes Parkview for our Summer sports golf program August 12 -24`h. We send roughly 60 kids a day to the location to participate in learning golf skills and of course utilizing the course and other amenities on site. If we where to lose this site it would be detrimental not only to the Community but also the youth of the YMCA golf program. I hope that this helps and if you need anything more please let me know. Thank you, Pat Prindle P 651 683 4715 to\ From: mskweres@comcast.net jmailto:mskweres @comcast.net1 Sent: Wednesday, May 16, 2012 11:30 AM To: Pat Prindle Subject: Parkview Golf Course Pat, Sorry I missed you at the office (I left a voice mail message), but I wanted to speak to you about the potential closing of the Parkview Golf Course. A developer has an offer to the owners contingent upon them getting a land use / zoning change that will be addressed in an upcoming Eagan Planning Commission hearing. know that the YMCA has youth programs at Parkview and this development would impact them. I wanted you and the Y to be aware, and if you have concerns, as we all do, about the future of outdoor facilities here in Eagan. The first official meeting is next Tuesday, May 22nd at the Eagan City Council room. The Advisory Planning Commission will hear testimony from the general public on this issue, and will base their recommendation to the City Council based on what they hear. Since many of us are concerned about the impact to our youth programs, both those offered by the City and by groups like the YMCA, we thought your organization might want to weigh in on this issue. Please give me a call (651- 270 -6855) or stop by a meeting at the Westcott public library tomorrow night, (Thursday, Mary 17th) at 6pm. We are going to organize our group to ensure that there is a clear opportunity for all parties involved to voice their views to the Commission. If you have interest, we've got more info on our website, www.SaveParkview.org. But feel free to contact me directly. I work at Thomson Reuters, so I'd be happy to stop by if you have a time that works best for you. Thank you for the opportunity to discuss this. Sincerely, Mark Skweres t lOA Julie Strid From: Mike Ridley Sent: Thursday, May 17, 2012 8:53 AM To: Pam Dudziak Cc: Julie Strid Subject: FW: Pakrview Golf Course From: Eric Jensen [ mailto :ericjensen59(Ugmail.comj Sent: Thursday, May 17, 2012 8:36 AM To: APC Subject: Pakrview Golf Course I am writing in support of keeping the area that is Parkview Golf Course zoned as a park. I have lived in Eagan for 27 years and have enjoyed all of the park areas that exist in Eagan. I know that the city has a master zoning plan to ensure that development does not get out of hand and destroy the essence of what Eagan is. Although the owners of Parkview have the right to sell that property thay are not automatically entitled to sell for the purpose of development that requires rezoning. I have played at Parkview many times over the years and know that it has been through the good times and the bad times. When bad times arrive they need to understand that the zoning of this property requires that it stays as a park unless there is compelling reason to change it. The city needs to stick to its master plan and keep Parkview as a park. Rezoning this area for a housing development will adversely effect the homeowners around the golf course and reflect negatively on Eagan as a city and its leadership team. Lets stick to our plan and find another alternative to the rezoning option. Thanks in advance for your help with this very important issue . k02�1 Julie Strid From: Mike Ridley Sent: Thursday, May 17, 2012 2:28 PM To: Julie Strid Cc: Pam Dudziak Subject: FW: Parkview - - - -- Original Message---- - From: Marilyn Olson rmailto:marilynpsych@gmail.coml Sent: Thursday, May 17, 2012 1:20 PM To: APC Subject: Parkview Please save parkview golf course. I have been playing there since it opened on a weekly basis. My friends and I then go out to lunch afterwards in Eagan. I am sure the golfers there bring extra revenue to the area. I live in Saint Paul but drive pass other courses to go to Parkview, our favorite course. My adult kids also leave Saint Paul to go to our favorite golf course. PLEASE SAVE PARKVIEW ,,,,PLEASE,,, PLEASE .... PLEASE THANK YOU Marilyn Olson 651 - 699 -4397 4 To: Eagan Advisory Planning Commission From: Susan Bradley, susanbradleykcomcast.net, 651- 683 -0967, 4675 Fairway Hills Drive Date: May 17, 2012 Dear Members of the Advisory Planning Commission: My husband and I are 21 -year residents of the Fairway Hills neighborhood. We have loved raising our family here and have felt fortunate to live in such a safe, quiet, and friendly neighborhood. We really couldn't have asked for a nicer place to live. I am writing with concerns about the proposed development of Parkview Golf Course. Naturally, I join my neighbors in being worried about what such a development could mean for home values, local traffic, and eradication of the peaceful, quiet environment we have come to enjoy. I also join with them in grieving the potential loss of Eagan's last golf course, which has provided an affordable option for playing golf for so many Eagan residents. (Parkview also has the rare distinction of having produced a high school state golf champion, our neighbor who grew up playing there!) As someone who supports free enterprise, I find myself loathe to try and dictate to business owners what they can and can't do with their property. I affirm the right of private business owners to make whatever financial arrangements are advantageous to them within the bounds of the law and morality. I will leave it to others to fight the legal battles to oppose development in any form. Having said that, I wanted to express my significant concerns about the initial plan I have seen for a densely - packed housing development. The drawing I saw shows that at least half of the 175 homes would likely use Interlachen Drive to come in and out of their neighborhood. It is already incredibly difficult to make a left -hand turn onto Pilot Knob during the morning and evening rush hours. For example, it can easily take one car three minutes to make that turn at 7:00 am. If one or two drivers from even 80 of the new homes are added to the queue, the wait will be interminable. This is a special concern since many who would be making that turn on weekday mornings are inexperienced high school drivers headed to Eastview. While it is slightly easier for us at present to turn left onto Cliff Road from Fairway Hills Drive than it is to turn left onto Pilot Knob, that turn would also become more difficult as more traffic would be leaving the Parkview development and heading west, and more would be coming from the west as those residents return home. The traffic moves very fast in both directions, and it would really be a challenge to get onto Cliff if the number of cars increases so significantly. Inconvenience aside, I have great concerns for my neighbors who live on Interlachen and would see their quiet street turned into a freeway as the new neighbors cut over to Pilot Knob. There are many children along that street, and it is simply not designed to be a major thoroughfare. I also have concerns for my own street, as I can envision many would use Fairway Hills Drive as a shortcut into the southern end of the new neighborhood. We have lived through many years of harried soccer parents using our street like it's a racetrack to Ohmann Park, and I can only imagine how much worse that would get as many in the new neighborhood would be racing off to work or home again. �C)t) In sum, I ask you to please consider the needs and safety of Eagan's current residents before you vote to add a dense housing development where open space exists now. It is not our fault that insufficient road access exists to serve such a large number of homes, but it would certainly be our problem if all this traffic is dumped onto our streets. Also, please consider that once this beautiful property would be turned over for development, that green space would be lost forever. One thing we have greatly enjoyed about Eagan is the city's commitment to preserving open land rather than developing everything in sight. I ask you to consider carefully before you approve rezoning, or at least define parameters so that fewer houses will be built in this landlocked space. Thank you for your consideration. 00 Pam Dudziak Subject: FW: Parkview zoning issue From: Christie Soderling [mailto:ccsoderlinn @q.com] Sent: Thursday, May 17, 2012 10:49 PM To: planning Subject: Parkview zoning issue To: Eagan Planning Commission Re: Parkview re- zoning request I am writing to urge you in the strongest terms to recommend denial of the requested zoning change for Parkview Golf Course. Allowing more housing to go in at this location at this time would break the trust that we citizens of Eagan have in you to protect our natural resources, our commitment to an active lifestyle and the many benefits of recreation, and our sense of fairness in how we treat our own citizens and the investment they make in their homes and our community. • It is unclear that the water issues that dogged the last request for a zoning change have been fully resolved. In addition, I do not believe that either the County or the City has been approached about the possibility of protecting this as parkland. This is especially important as the course shares such a long border with Lebanon Hills. • This is the only 18 hole course in Eagan. Even though golf may be losing some of its outsized grip on the recreation market, it will continue to be a major activity. The other 19 largest cities in Minnesota all have between 18 and 45 holes of golf within city limits. Golf is good for adults, kids, and our economy. • It appears that the owners of Parkview are not in quite the dire straights they attempt to project. Parkview has a reputation for being busy and open when other courses aren't, and it is used extensively by school kids in our area. It is not hard to believe the owners can make more money by selling to a developer than by continuing to operate a golf course, but that does not make it a losing proposition. This is a different situation from Carriage Hills, where all avenues had been explored, and the losses were quite real. There must be a point where zoning means something — certainly the rest of us have to follow it. • I do not see how adding another 170 homes can possibly benefit the community at this point in time. The housing market is demonstrably slow in our area, and other developments have failed to meet equally rosy expectations. More development would hurt existing home owners who already struggle to sell. (The developer's idea of a natural buffer zone for the new neighborhood is to plant trees on the existing neighbors' lots!) Then there is the uncompensated decrease in value of the homes on the course. There would be vacant property and large unlandscaped areas. Why should the home owners' investment count for less than that of the course owners? The increase in traffic at that location would make Cliff and Pilot Knob Roads even more difficult to navigate in areas with arguably difficult sight lines. Lastly, I was more than disappointed to have such short notice of this request. Surely, we citizens of Eagan should have the right to do more than cobble together hasty comments on an issue as important as this one is. Clearly, this has been a well - planned assault on the zoning map. We were also told at the first meeting with the developer that he had been told by an Eagan city employee that, in light of Carriage Hills, he didn't expect many problems with changing the zoning for Parkview. I am appalled that this sort of thinking and collusion would take place without a shred of outrage at the backroom tactics it represents. J 0'I Please deny this request to rezone Parkview. Sincerely, Christie Soderling 4657 Parkcliff Dr. Eagan 651- 688 -6597 91 10� Pam Dudziak From: Mike Ridley Sent: Monday, May 21, 2012 10:31 AM To: Pam Dudziak Cc: Julie Strid Subject: FW: Eagan's last golf course From: send rizzi4246Ccbcomcast. net [ mailto :sendrizzi4246Cdcomcast.net] Sent: Monday, May 21, 2012 9:08 AM To: APC Subject: Eagan's last golf course Gentlemen, I moved to Eagan because of location and my desire for amenities such as golf. Since moving here twelve years ago we have lost one of two courses and now we prepare to lose the second of two 18 hole courses. Our Chamber of Commerce will go to Mendota Heights to have their outings and now all businesses will be going elsewhere for theirs. I retired three I years ago and just this year decided to remain in Eagan and opened a business to serve the senior citizens wishing to remain in their homes. I believe the City needs to consider who they are serving and the total impact this is going to have. What will this change do to measure the environment, excess water run off and the people impact? There are literally hundreds of families enrolling their children at Parkview Golf from neighboring communities to have their young ones learn the game of golf. High School teams play there because the other courses do not want to be bothered or charge too much. Others coming here to learn are from the YMCA's of Burnsville, Apple Valley, etc. Rezoning not only affects the adjacent neighbors, it also affects adjoining towns and the children living there who will be taken somewhere else for their learning experience. How do we measure that impact? We compete everyday for businesses to move to Eagan. Now we get to say, "You get to drive out of Eagan to play at a private course or to Inver Grove to play Inverwood." We can play golf anytime, anywhere, but the truth is, we prefer to play in Eagan. Your being requested to change the zoning is more than that.A vote to change is saying the City does not matter as long as a builder from Eden Praire can get his money and we bring in enough families to fill the 80 Acres. Why not offer to sell the Park lands around the golf course. I am sure the wild turkeys and deer can go elsewhere too. I believe the parks are there for a reason and placing homes next to them only continues to make it more restrictive for the wild life that lives there. If the owners of Parkview want to sell why not offer bonding or a public sale to keep the course here and make it the pride of the city instead of just another memory of the past eaten up by "PROGRESS." If you really love Eagan, what it stands for, and the people you were elected to serve you must consider what you are doing and the negative impact it will make. After the fact is rather late. Think this through now, not later. Best regards, Stephen Endrizzi President- ComForcare for Seniors 1(612)968 -8448 Pam Dudziak From: Mike Ridley Sent: Monday, May 21, 2012 8:16 AM To: Pam Dudziak Cc: Julie Strid Subject: FW: Parkview From: mattrjacobs@comcast. net rma i Ito: mattdacobs(cbcomcast. net'l Sent: Sunday, May 20, 2012 12:22 PM To: APC Cc: Ingrid Stromme Subject: Parkview Hello, I have been an Eagan resident for 18 years and for all of that time I have been a golfer at Parkview. I have always suspected that certain individuals would attempt to exploit this wonderful green space for personal gain. I have always had faith that leaders with vision and the ability to think as a community would be intelligent enough to maintain the existing golf courses and parks in Eagan. Who truly believes that Eagan is in desperate need of 173 additional homes which encroach upon the valuable gem we have in Lebanon Hills Park? Sincerely, Matt Jacobs Eagan Resident (?) � -0 Pam Dudziak From: Mike Ridley Sent: Monday, May 21, 2012 8:18 AM To: Pam Dudziak Cc: Julie Strid Subject: FW: Parkview Golf Course - - - -- Original Message---- - From: Janet Heaver fmailto:imheaver(@hotmail.coml Sent: Sunday, May 20, 2012 7:53 PM To: APC Subject: Parkview Golf Course I am currently and have been a citizen of Eagan for the past 34 years and am very proud of this city. Of great concern right now is the sale of Parkview Golf Course to construct more homes. Really ?!! We already lost Carriage Hills to a developer, is Eagan really going to allow us to lose Parkview also? Of course I do not know the exact numbers of all that use Parkview, but I do know that there are a number of mens and womens leagues, high school league, junior leagues, kids leagues and introductions to golf, classes for golf within Community Education, and I am sure the list could go on and on. I am writing to say "Save Parkview Golf Course" for all of us who enjoy the location, and the fun of golfing. The beauty of this land for recreational purposes should outweigh concrete and brick and mortar. Has Eagan ever considered purchasing this golf course? Apple Valley owns theirs. My mother lives in Roseville and they own their own golf course and I am sure other cities do also. My whole family golfs and have been members at Parkview for the last 20 years. We will be at the Tuesday meeting at City Hall regarding this issue. I ask you, the Eagan Advisory Planning Commission, to do SOMETHING to stop the sale of this golf course to this developer and listen to your citizens of Eagan. Janet Heaver imheaver(@hotmail.com W Pam Dudziak From: Mike Ridley Sent: Monday, May 21, 2012 8:17 AM To: Pam Dudziak Cc: Julie Strid Subject: FW: Parkview Golf Course From: jerrycaroWmediacom bb. net [ mailto :jerrycarol @mediacombb.net] Sent: Sunday, May 20, 2012 3:01 PM To: APC Subject: Parkview Golf Course I would like to have my say on the purposed rezoning of the area now know as Parkview Golf Club. I have been playing at this course since 1991 and would think that it would be a very great loss to the community if this course was to leave the way that the Carriage Hills Course was lost in its battle for survival. Losing this course would be a great loss and Eagan with out a Golf course in its boundaries... Thank you Jerry Olson t*\A Pam Dudziak From: Mike Ridley Sent: Monday, May 21, 2012 11:47 AM To: Pam Dudziak Cc: Julie Strid Subject: FW: Parkview Golf Course From: barbara palmersheim [mailto:batinkle @hotmail.coml Sent: Monday, May 21, 2012 11:34 AM To: APC Subject: Parkview Golf Course To Whom It May Concern: I can not believe that another one of Eagan's open spaces is going up for development. I have plans tomorrow night and will be unable to attend the meeting of the Planning Commission. The loss of this recreational asset to the community would be tragic. I have been using Parkview Golf Course for many years. I built a home here in 1992 and had previously played on a company league from Bloomington. I have seen many of the open spaces here in Eagan developed. I was disappointed when the other golf course was sold to a developer. I did vote to purchase this land for future use but as you know it was turned down by other voters. I drove over to the old course now under construction for several years. This area is still not complete. Please do not rezone this area it is the only course left in Eagan. More houses means more infrastructure to accommodate more people when will it stop? Thank You Barbara Palmersheim 1371 Michelle Drive Eagan, MN 55123 ��s Pam Dudziak From: Mike Ridley Sent: Monday, May 21, 2012 8:16 AM To: Pam Dudziak Cc: Julie Strid Subject: FW: parkview golf course From: Farrell Stiegler rmailto:soron80Ca>aol.comj Sent: Sunday, May 20, 2012 1:37 PM To: APC Subject: parkview golf course I have been playing at the Parkview Golf Course for 15 years and find it a very valuable and pleasant place to play. I feel that is an unsurpassed community resource and amenity. It would be a great loss to the community if it would disappear! F.S.Stiegler,M.D. M Pam Dudziak From: Mike Ridley Sent: Monday, May 21, 2012 1:14 PM To: Pam Dudziak Cc: Julie Strid Subject: FW: Parkview Golf Course From: James Swanke fmailto:jaswanke @yahoo.com Sent: Monday, May 21, 2012 1:08 PM To: APC Subject: Parkview Golf Course Dear Members of the Eagan City Council: I want to express my support for the existing course of Parkview to remain a golf course and continue to serve the recreational needs of many local patrons as well as the area youth. In addition, Parkview Golf hosts many High School Golf Tournaments and serves a number of Senior organizations. James A. Swanke, CLU k� Pam Dudziak From: Mike Ridley Sent: Monday, May 21, 2012 1:14 PM To: Pam Dudziak Cc: Julie Strid Subject: FW: Parkview Redevelopment From: Aaron Huston [mailto:ahuston @bchrealty.coml Sent: Monday, May 21, 2012 1:05 PM To: APC Subject: Parkview Redevelopment Advisory Planning Commission, I am very concerned with the proposal to redevelop the Parkview Golf Course land. My main concerns are the environmental issues. This land should be considered Park land due to its extremely close proximity to Lebanon Hills. There are Deer running the golf course in the morning, Wild Turkeys during the day, and Coyotes at night. This development proposal has way too many homes and this will destroy the current nature setting. Next we will hear complaints about these animals being in peoples yards instead of the animals being admired in their natural habitats. I really hope the City of Eagan will step up and make a statement about what people love about Eagan! Please help us by choosing to protect Lebanon Hills. Sincerely, Aaron Huston 4635 Parkridge Dr Eagan, 55123 612-865-7299-Cell W Pam Dudziak From: Mike Ridley Sent: Monday, May 21, 2012 8:17 AM To: Pam Dudziak Cc: Julie Strid Subject: FW: rezoning of Parkview golf course From: Michael Okoneski [mailto: Michael .Okoneski(aslumberland.com] Sent: Sunday, May 20, 2012 4:58 PM To: APC Subject: re: rezoning of Parkview golf course To Whom it may concern: A long time resident of Eagan and golfer it would be a shame to lose another golf course to a housing development. There is no guarantee that the houses will sell, look at the carriage hills development. (mostly vacant). There are a lot of people that use Parkview, including schools , golf leagues, tournaments. It comes down to quality of life issue, we need parks, lakes, shopping, restaurants and yes even golf courses. I think the city of Eagan should not grant the rezoning of Parkview. Sincerely, Mike Okoneski 4305 Lexington Pointe Pkwy. Eagan, Mn 55123 Phone 651- 249 -4455 j\9 Pam Dudziak From: Mike Ridley Sent: Monday, May 21, 2012 10:31 AM To: Pam Dudziak Cc: Julie Strid Subject: FW: Sale of Parkview From: Jim Smith fmailto:Jim.Smith @efca.org] Sent: Monday, May 21, 2012 9:54 AM To: APC Subject: Sale of Parkview To whom it may concern; The sale of Parkview to anyone or anything with the idea that it is for the better, has never been out there when all the young children are there leaning this wonderful game of golf. My brothers and I grew up on a golf course, Highland Park —in St. Paul. Had it not been for that golf course to take us kids in and be a family to us and many other children our age, Lord knows where we might be today. We learned the game of golf and the way to treat people and how to get along and have fun with all walks of life. We were the beginning of The First Tee. The kids that depend on Parkview to be there for them when they are growing up will always cherish what they have learned at Parkview. In today's world, we need not just Parkview, but 100 more just like it. Don't be taking from our youth, let's give as much as we can to them in hope that someday we all can say that we learned how to be good adults from the traits that we learned playing golf. We have let companies and corporations take from us for far too many years, let's not let it happen to our children! Sincerely Jim Smith (A golfer since the age of 8) ��b Pam Dudziak From: Mike Ridley Sent: Tuesday, May 22, 2012 2:02 PM To: Pam Dudziak Cc: Julie Strid; Jon Hohenstein Subject: FW: Defeat or Victory for Eagan Green Space? - Parkview Golf Course From: cwwilke @comcast.net [mailto:cwwilke @comcast.net] Sent: Thursday, May 17, 2012 9:41 PM To: City Council Subject: Defeat or Victory for Eagan Green Space? Dear Mayor Mike Maguire and City Council Members of Eagan; Sixteen -plus years ago, I was a resident of Eagan. I'm sure if I were to drive throughout the city today, I would see dramatic change. Which brings me to say that I'm sorry to hear about your city's recent loss of more green acres to a developer with plans to plant 173 homes. Before you act on extending your blessing, may I humbly ask you to consider legacy and what you are leaving your children, grandchildren? May I ask you to carefully consider what change for the better really is? Maybe ... just maybe it's a small group of intelligent people who have the foresight and courage to say that change for the better may be change in the way we protect and value our green space and the peace of mind it offers our Eagan residents today and for generations to come. Maybe the change starts with Eagan City Council standing on principle: "Enough is enough." What a cool legacy wouldn't it be to someday drive your children's children to 80 -acres of trees and grassland - -an oasis in the middle of an asphalt maze of human race - -and say, "I am part of that." Where in urban history has residential development been reverted into park land or green space? Don't let them take away from you, your families and your citizens what will never be returned or recovered. Please do not rezone this property for residential development. Sincerely yours, Cheryl Wilke Minneapolis, MN 0 Pam Dudziak From: Mike Ridley Sent: Tuesday, May 22, 2012 8:15 AM To: Pam Dudziak Cc: Julie Strid Subject: FW: From: Calvin Buck [mailto:caljbuck @hotmail.com] Sent: Monday, May 21, 2012 7:25 PM To: APC Subject: Planning Commission, As members of the planning comission I am sure that you get many ideas from the general public. The one that I am concerned about is The Parkview Golf Course.Please consider leaving it as it is because we as older citizens can still play the course. There are also a great many young juniors that play the course. It is one way to keep kids busy and not out on the street. I would suggest another option. The City Of Eagan puchase the Course and run it. It would be sad for a city of 65,000 people to not have a golf course. Eagan maintains its parks. Why not a golf course. Thank You, Calvin Buck 3056 Timberwood Ct. Eagan, MN 55121 kaD Pam Dudziak From: Mike Ridley Sent: Tuesday, May 22, 2012 8:14 AM To: Pam Dudziak Cc: Julie Strid Subject: FW: parkview From: vic cabeza [mailto:vicmackl @hotmail.com] Sent: Monday, May 21, 2012 11:58 PM To: APC Subject: parkview Why build another subdivison when there are houses vacant because of foreclosures and those wanting to sell houses but can't because of the poor economy. This a beautiful golf course especially perfect for kids learning to golf and for seniors that want to walk for exercise and an accessible location for them. Why let another developer destroy a scenic and iconic location in Eagan. 1 1), June 4, 2012 To: Mayor Maguire Called to give Feedback on Parkview Golf Course — he read an article that you haven't heard any negative feedback .... As a long time resident in Eagan (23 years) and with the traffic on Interlachen Drive already being what it is, especially during soccer events, and with Interlachen Drive being one of the primary entrances into the proposed new development — we'd be running a significant traffic increase up and down Interlachen Drive. Also we can hardly get out on Pilot Knob now during the morning and evening whenever the traffic is going north and south. And with the stop light on Cliff Road — there's no ability to put a stop light at the end of Interlachen Drive so that people would be able to get in and out. So for all of those reasons and also the fact that low density house, 174 more homes, carriage hills (10 homes) 5 -6 years in the making and still can't sell those home, I think this is a fool's errand. I think the benefits of putting 174 more low density housing units in the approximate area we are in, will devalue not only my home but your home as well. As far as environmental impact and other issues that we should be concerned with - who knows - I don't think that those studies have been done. But I would hope that you being a consciences neighbor would take these facts into consideration and when it's time to make a decision on whether or not the property should be rezoned for low density housing, would hope that you would side with the rest of your neighbors and do the right thing which would be to not approve any such project. Any questions, or if you would like to chat about the project or anything else feel free to give me a call. Thank you, Dan Walters 1372 Interlachen Drive (651) 683 -9717 June 4, 2012 To: Mayor Maguire Phone call from Pete Jerousher one of your neighbors - following up on the article —the quote that was in the paper. He would love to see the golf course at Parkview remain a golf course. What he enjoys most having the golf course there is the fact that his kids can use it and continue to use it as a form of exercise. It's a great deviation from sitting in front of the N —they do an outstanding job with children and it's an asset to the community. He loves having a golf course there, it's an asset to the City of Eagan and he wanted you to hear that side of it. Thanks for your time and he would like to see it kept as a golf course. (651) 338 -1115 Pam Dudziak Subject: FW: Parkview - - - -- Original Message---- - From: Mike Phelps [mailto:mphelps(@imagineps.com] Sent: Thursday, June 07, 2012 2:44 PM To: APC Subject: Parkview As a resident of Eagan I would like to voice concern over losing an asset like Parkview. The value that Parkview brings today to the quality of life of Eagan's residents far outweigh the any value from more houses. We would be remissed if our children did have a place to learn about golf, friendships and integrity. Please help us keep our preciosu last golf course. Mike Phelps 1485 Pinetree Pass Eagan, MN 55122 Michael R. Phelps General Counsel Imagine! Print Solutions, Inc. 1000 Valley Park Drive Shakopee, MN 55379 Office: 952 - 903 -4443 Email: mphelps(@imagineps.com \C)q Pam Dudziak Subject: FW: Parkview Golf Course From: Stephanie Weinberg [ma i Ito: Stephanie .wein berg. sjzi(cbstatefarm.com] Sent: Thursday, June 07, 2012 2:43 PM To: APC Subject: Parkview Golf Course Hello, I received this email address from a friend & had to promptly send an email if it can in any way help save the golf course from becoming another block of McMansions. While we have some beautiful developments in our city, I would hate to lose our last golf course to more housing. I live in the immediate area and my children, and occasionally myself, have used Parkview for unwinding on a weekend. With my son returning from college soon, I know he will be saddened to the thought of not being able to drive over and shoot 9 in the evening with friends. Please do not allow another housing development to wipe out a large portion of land. Stephanie Weinberg I Office Manager I Paul Weinberg Insurance Agency Inc. 1635 S Robert St I West St Paul MN 55118 12: 651 -457 -7119 I u: 651 - 457 -7127 1 step hanie.weinberg.sjzi @ statefa rm. corn I 19 Click Here to Climb to your Dreams! �a5 Pam Dudziak Subject: FW: Parkview Golf Course From: Brenda Phelps [mailto:brenda.phelps a bkpmarketing.com] Sent: Thursday, June 07, 2012 2:35 PM To: APC Subject: Parkview Golf Course I am writing to ask that Parkview Golf Course not be turned into another housing development. This is the last golf course in Eagan and we love to golf there! I play in a women's league and my son has played in the Jr. Golf league for the past 4 years with all of his friends. It is disheartening to think that more homes will go up when the ones at Carriage Hills have not been successful in selling. Please save our golf course!!! Brenda Phelps 651- 334 -4456 brendaphelps @bkpmarketing.com 1 '),(0 Pam Dudziak From: Mike Ridley Sent: Monday, June 11, 2012 9:55 AM To: Pam Dudziak Subject: FW: Parkview - - - -- Original Message---- - From: Stephanie Breuer [mailto:stephbreuer(@gmail.co Friday, June 08, 2012 9:30 PM To: APC Subject: Parkview My family is a regularly golfs at parkview. My young boys take lessons there and we golf as a family. Please consider keeping parkview. Stephanie Breuer iaq Pam Dudziak From: Cheryl Stevenson on behalf of City Council Sent: Tuesday, June 12, 2012 9:18 AM To: Pam Dudziak Subject: FW: I oppose the land amendment rezoning changes From: Stephanie Bergh [mailto:stephberQh @hotmail.com] Sent: Sunday, June 10, 2012 11:42 PM To: City Council Subject: I oppose the land amendment rezoning changes City Council Members, I voice my great opposition to turning green space to housing when other land options clearly exist! Eagan "the city of trees" must follow it's commitment to it's missions when decisions like these challenge quick fixes to income needs during a recession. I ask you to consider the long -term vision for Eagan residence -you can't turn back housing to green space. Keep recreation options available and consider the residents who live here and appoint you to support a green and healthy place to live and work. Keep people moving!! There are creative solutions for the golf course owners to increase financial success. See Three Rivers Park District or the city of Apple Valley as an exemplar for using a golf course to generate revenue. Thank you, Stephanie Bergh Eagan Resident G?) Pam Dudziak Subject: FW: vote to keep the comprehensive guide plan alone ........... say no to converting Parkview to housing. From: Reyne Branchaud -Linsk [ mailto :rbranchaudlinsk(�bgmail.com] Sent: Tuesday, June 12, 2012 10:35 AM To: City Council Subject: vote to keep the comprehensive guide plan alone ........... say no to converting Parkview to housing. Hi I live at 1260 Dunberry Lane, Eagan. I attended the planning commission meeting two weeks ago. I was very happy when the commission voted to protect the comprehensive guide plan and oppose the request to change the Parkview Golf Course from public recreation to housing. I am writing to strongly request that you too oppose the request. We need to keep Parkview zoned as public recreation. I believe the Comprehensive Guide Plan was just updated two years ago. There isn't a need to change the zoning. It should stay the way it is. I feel very strongly that this is bad precedent.... builders seeking to find large parcels of land for high end housing will just approach land owners that have parcels of any other land and try to get it zoned for housing. We need green space in this community. I also feel strongly that Parkview butts up to Lebanon Hills park and there hasn't been a need assessment done to know that it is a good idea for water runoff, wild life, etc to change this public recreational space to housing. Please vote against a change in the comprehensive guide plan. Keep Parkview as public recreational space. Reyne Branchaud -Linsk I)CA Pam Dudziak Subject: FW: Land use ammendment change - Parkview From: Volunteer [mailto:volunteer (cbdakotawoodlands.orq] Sent: Tuesday, June 12, 2012 11:28 AM To: City Council Subject: Land use ammendment change City Council Members, I believe that the land that is now Parkview Golf Course should stay zoned as recreational land. Please do not vote in favor of developing this precious green space. Thank you, Patty Kelley Volunteer Coordinator Dakota Woodlands 651 - 289 -3565 volunteer @dakotawoodlands.org t y) Pam Dudziak Subject: FW: Parkview Property From: ianethenk @q.com [mailto:ianethenk @q.com] Sent: Sunday, May 20, 2012 8:12 PM To: City Council Subject: Parkview Property To Eagan City Council Members: The neighborhood adjoining Parkview Golf Course is called "Fairway Hills." The streets are named after famous golf courses: Hazeltine, Pebble Beach, Saint Andrews, Interlachen and Cypress Point. For many years, Fairway Hills Neighborhood Picnics have included golf at Parkview. It has been a great place for neighbors to get together and participate as a community. Parkview Golf Course, which offered a peaceful, wholesome activity that our kids could walk to, and in which we could participate as a family, played a big part in the decision to buy our home in Eagan. This is also true for a great many of our neighbors. Without Parkview, there would be no public 18 -hole golf courses in Eagan, a city of over 64,000. The housing market is already soft, we don't need more housing to make it worse. There are plenty of homes available in Eagan. Another concern to us is the possibility of making Interlachen a through street. We just finished paying over $600 for our street to be resurfaced. Now there is a danger of having that torn up, taking 510 square feet away from our front yard, ruining our landscaping plan, and having more noise and traffic zooming past our home. That is not the deal that the homeowners on Interlachen signed up for. Parkview always seems busy. We can't always get the tee times we want, the parking lot has always looked full whenever we drive by, and there is a nearly new clubhouse. The number of golfers in the US has increased by 16% since 1990. From this perspective, it looks like a very successful course. Could the city get access to the financial information from the former golf course owners to look into the viability of making it a municipal golf course? This would keep the course, probably make money for the city, and maintain an important part of the quality of life in the city. Even if this is not something the council wants to pursue, please do not rezone the Parkview property. We do not need another Carriage Hills fiasco in Eagan. Respectfully, Keith & Janet Henk 1385 Interlachen Dr. 3� Julie Strid From: Christie Soderling [ccsoderling @q.com] Sent: Thursday, May 17, 2012 10:49 PM To: planning Subject: Parkview zoning issue To: Eagan Planning Commission Re: Parkview re- zoning request I am writing to urge you in the strongest terms to recommend denial of the requested zoning change for Parkview Golf Course. Allowing more housing to go in at this location at this time would break the trust that we citizens of Eagan have in you to protect our natural resources, our commitment to an active lifestyle and the many benefits of recreation, and our sense of fairness in how we treat our own citizens and the investment they make in their homes and our community. It is unclear that the water issues that dogged the last request for a zoning change have been fully resolved. In addition, I do not believe that either the County or the City has been approached about the possibility of protecting this as parkland. This is especially important as the course shares such a long border with Lebanon Hills. This is the only 18 hole course in Eagan. Even though golf may be losing some of its outsized grip on the recreation market, it will continue to be a major activity. The other 19 largest cities in Minnesota all have between 18 and 45 holes of golf within city limits. Golf is good for adults, kids, and our economy. It appears that the owners of Parkview are not in quite the dire straights they attempt to project. Parkview has a reputation for being busy and open when other courses aren't, and it is used extensively by school kids in our area. It is not hard to believe the owners can make more money by selling to a developer than by continuing to operate a golf course, but that does not make it a losing proposition. This is a different situation from Carriage Hills, where all avenues had been explored, and the losses were quite real. There must be a point where zoning means something — certainly the rest of us have to follow it. I do not see how adding another 170 homes can possibly benefit the community at this point in time. The housing market is demonstrably slow in our area, and other developments have failed to meet equally rosy expectations. More development would hurt existing home owners who already struggle to sell. (The developer's idea of a natural buffer zone for the new neighborhood is to plant trees on the existing neighbors' lots!) Then there is the uncompensated decrease in value of the homes on the course. There would be vacant property and large unlandscaped areas. Why should the home owners' investment count for less than that of the course owners? The increase in traffic at that location would make Cliff and Pilot Knob Roads even more difficult to navigate in areas with arguably difficult sight lines. Lastly, I was more than disappointed to have such short notice of this request. Surely, we citizens of Eagan should have the right to do more than cobble together hasty comments on an issue as important as this one is. Clearly, this has been a well - planned assault on the zoning map. We were also told at the first meeting with the developer that he had been told by an Eagan city employee that, in light of Carriage Hills, he didn't expect many problems with changing the zoning for Parkview. I am appalled that this sort of thinking and collusion would take place without a shred of outrage at the backroom tactics it represents. Please deny this request to rezone Parkview. Sincerely, Christie Soderling 4657 Parkcliff Dr. Eagan 651- 688 -6597 k 33, Pam Dudziak Subject: FW: Save our greenspace From: Linda Knutson [mailto:lknutsonOCa>gmail.com] Sent: Tuesday, June 12, 2012 9:10 PM To: City Council Subject: Save our greenspace I am an Eagan resident and would like to express my opinion regarding the issue of rezoning the Parkview Golf Course from recreational to low density housing. I am against the rezoning of this land. We only have 5% of greenspace left in Eagan and we can't afford to lose any more of it. The Golf Course is a great community assest as residents of all ages gather there to socialize and play golf. We have ample housing right now and with the housing market as it is, we don't need more houses sitting vacant, we need more of the current houses filled. Please take care in the decision making process and consider Eagan resident's needs and requests as you discuss and vote on this issue. Linda Do your little bit ofgood where you are; it is those little bits ofgood put together that overwhelm the world. ..... Desmond Tutu k Pam Dudziak Subject: FW: Parkview Golf Course land use rezoning change From: Dwight and Carole Watson [mailto:cybercomCd)comcast.net] Sent: Tuesday, June 12, 2012 7:08 PM To: City Council Subject: Parkview Golf Course land use rezoning change My husband and I will be out of town on June 19th and unable to attend the city council meeting so we'd like to express our concerns regarding the proposed change to the comprehensive guide plan. We have lived in the same home in Eagan for the last 33 years and have watched Eagan grow up around us as more and more farming land has been turned into housing and we just wonder when it's all going to end -maybe when there's no green space left in Eagan. Don't get me wrong, it's certainly nice to have grocery stores, restaurants, and department stores, almost within walking distance which we didn't have when we moved here, and I certainly don't begrudge anyone else the pleasure of living in such a beautiful and green city but given the current real estate market is it really necessary to change the guide plan again to lose more public recreational space. We were sad to lose the Diamond T but accepted it was part of moving forward and probably necessary for the Eagan economy, but enough is enough. For the first time since we moved to the Twin Cities area we feel compelled to voice our concerns over losing the Parkview Golf course to housing development. We urge the city council members to vote NO to the proposed change to the comprehensive guide plan to change the Parkview golf course to low density housing. We would like it to remain public recreational space. Dwight and Carole Watson 1283 Dunberry Lane, Eagan MN 55123 13,+ Pam Dudziak Subject: FW: Proposed Rezoning of Parkview From: ibaillif )q.com [mailto:jbaillif(&q.com] Sent: Wednesday, June 13, 2012 2:05 PM To: City Council Subject: Proposed Rezoning of Parkview Dear Mayor and Council members, My name is Jeff Baillif and I have lived at 4623 Parkridge Drive for 21 years. I wanted to urge you to vote no on the proposed zoning change of Parkview Golf Course. Their are several reasons why you should vote no on this plan. First, a change of this type appears to be contradictory to Eagan's comprehensive guide plan. The plan points out the importance of maintaining green space and recreational opportunities for citizens. This rezoning would detract from those goals. Second, it seems unreasonable to change zoning simply because the current investor group has been unable to reach their profitability goals. They have other options under the current land use guidelines (including making adjustments that could improve their profitability or selling to others that would operate within the existing land use guidelines) and the city should not contradict the comprehensive guide plan simply because one group of investors can make more money with a change in zoning. Finally, the golf course provides an important recreational opportunity for citizens of all ages. Juniors and seniors especially benefit from this type of golf course and this opportunity would disappear (likely forever) if you decided to rezone the land. I would like to address the council directly at the June 19th meeting, however, strangely enough we will be attending Eagan High School's Golf Banquet at the same time as the council meeting. My son (he just completed his junior year at Eagan High School) is one example of a resident that has benefited from the tremendous cross - generational opportunities provided by Parkview. He started hanging out at Parkview at a very young age and routinely played golf with people of all ages. Many seniors including the starter (Wayne) took him under their wings and he was afforded the opportunity to play golf and get to know a wide variety of people. Golf is one sport that closes the gap between generations and fosters important attributes like integrity, responsibility, and respect. Now, my son is a member of Eagan's Varsity golf team and while I am proud of him for his on the course accomplishments, I am much more proud of him for the fine young gentleman he has become. During his first two years on the golf team he was awarded the Wildcat award which in addition to golf, takes into account sportsmanship, integrity, and upholding the ideals of the game. Parkview and his rich experiences there played a role in helping him become the person he now is. Golf is one avenue that helps create opportunities to raise the kind of citizens that can benefit our city. Please don't rush into a decision that might needlessly eliminate similar opportunities for others. Apple Valley, Inver Grove Heights, and Mendota Heights have all found ways to own and operate golf courses for the benefit of their citizens. If they can figure out how to do that, I am confident that Eagan is resourceful enough to figure out how to make sure an 18 hole golf course remains in Eagan. Please vote no on the rezoning proposal. We don't want to become the only city in the top 20 cities in Minnesota (by population) to not have an 18 hole golf course. It is an important component that enhances the quality of life of our residents. Thanks very much, Jeff Baillif 4623 Parkridge Drive 135 Pam Dudziak Subject: FW: rezoning of Parkview Golf Course property From: Jeff Cousins [ mailto :jeffcousins(�i)comcast.net] Sent: Thursday, June 14, 2012 10:46 AM To: City Council Cc: 'bethcousins' Subject: rezoning of Parkview Golf Course property City Council, Please note that I am opposed to the re- zoning of the Parkview Golf Course property to residential property for the following reasons: 1. The increased traffic that would result would be unmanageable. Adding 175 houses would add 300 or more vehicles to the area with only two outlets. 2. There is no demand for the housing - housing sales and starts are at historic lows. The property would be torn up and under - developed for years waiting for the housing market to come back. It would become an eye -sore in the same fashion the Carriage Hills property became an eyesore while it remained closed and undeveloped. 3. There's not enough open recreational facilities in Eagan. This is a popular recreational spot for many Eagan residents. When faced with a similar situation, Mendota Heights purchased the golf course on Hwy 110 and it is now run as a municipal course - has this been discussed? Thank you. Best Regards, Jeff Cousins Eagan resident. Email scanned by PC Tools - No viruses or spyware found. (Email Guard: 9.0.0.1218, Virus /Spyware Database: 6.19910) http://www.pctools.com �?�O Pam Dudziak From: Cheryl Stevenson on behalf of City Council Sent: Friday, June 15, 2012 10:47 AM To: Cyndee Fields; Gary Hansen; Meg Tilley; Mike Maguire; Paul Bakken Cc: Pam Dudziak Subject: FW: Regarding Parkview Golf Course Amendment Request Attachments: ParkviewAPC _Review_Request_061312. pdf Expires: Wednesday, December 12, 2012 12:00 AM From: Patrick Campbell (ma i Ito: patrick.campbelWcomcast.net] Sent: Friday, June 15, 2012 10:37 AM To: City Council Subject: Regarding Parkview Golf Course Amendment Request To whom it may concern, Please see attached regarding recreational impact study request before any decision on the Parkview amendment is made, thanks! Patrick Campbell t39 To: The Eagan City Council June 14, 2012 Re: Request for Review of Comprehensive Guide Plan Amendment by the Advisory Parks Commission I Patrick Campbell of 4716 Pebble Beach Way, Eagan hereby request that the Eagan City Council refer the item "Comprehensive Guide Plan Amendment — Parkview Golf Course /Hunter Emerson" back to the Advisory Parks Commission to consider the impact of the loss of Eagan's only golf course on our recreational and open space system and to study the means by which the golf course could continue to operate with City assistance. This request is based on the following statements found in the Comprehensive Guide Plan, Chapter 5 — Parks and Recreation. These statements from the Guide Plan reinforce the idea that Parkview Golf Course is an important and unique recreational and open space asset to the City, that its continued existence, potentially with City support, is entirely consistent with the Guide Plan and that any future land use change should be carefully evaluated by the Advisory Parks Commission before being decided upon by the City Council: 1. Under the heading "Conversion of Privately Owned Golf Courses" the Guide Plan states: "The owners of one or more of the private courses in Eagan may wish to redevelop the golf course into housing or other uses. The impact of this will need to be addressed in terms of open space and recreational needs... 2. Under the heading "20/20 Guiding Principles" Item 1. "Health and Well- being" the Guide Plan includes the following bullet points: - Provide active and passive recreation opportunities - Provide non - traditional sports opportunities for youth Item 2. "Community Equity and Balance" the Guide Plan includes the following bullet points: - Provide desirable facilities for reasonable fees and charges with public tax support, as appropriate. Item 3. "Open and Green Space" the Guide Plan includes the following bullet points: - Preserve /Maintain green space and open space - Acquire other significant resources as opportunity presents itself Item 4. "Demographic Equity" the Guide Plan includes the following bullet points: - Social/Intermural activities for teens not involved in organized or varsity sports - Expanded health/recreational program opportunities for the growing segment of older adults `319 Seek more program and facility use partnerships with the private and non- profit sector of the community to expand recreation opportunities for residents. Item 5. "Resource Optimization" the Guide Plan includes the following bullet points: - Seek alternate funding sources including partnerships - Support and partner with others to purchase and maintain existing and new parks and green open spaces. Therefore, I believe it is extremely important that the City Council have the carefully considered advice from its Advisory Parks Commission before they would consider allowing the elimination of Eagan's last remaining golf course, which due to its compact size is a unique asset to both young and older residents. Patrick Campbell Eagan Resident `3c� 6 -o � C: N ww R Z o 3 4 for •"/tom V �' \ r � �- % V1 O O ru ; °- CD CD 2 ° fl "� 8 O a �• U fD a was c ° a 5 ro c S� '10 co rn n a� 0 -'T c 3 to N tA so �., ,� � \.1�,,,.. ` r�.,,` cam"`' -•.� r _ � �� 3' � �• o y tO -r tD O i i7 cn tf� T" Hi 0 EF � o rY C(A n3 03, a O N Q �L S (D t =-3 a � :3 Q rDD Q 0 C 3 , C a cu N p ago Nb o 3 nt, CL a c a m a = Vf o -,; n, O o n 0 —rn m t0 ,d T o =� ag S ro3 0 � � (D 0O �m3 3c N O 3 rt (D 3 0 c Uo �p X Q. �D rc p Q G 2L -r rt rr e r (D C !D g• p (D o 0 (D n� /\ 33� io3 ,-•r � d Rte`, lD m Cl. CD RL (D =°�_ ,) M (D O 0 to o r O H ro n m l� CL CL G� V N b �. rp 7z- C � O L rt Hi 0 EF � o rY C(A n3 03, a O N Q �L S (D �p =-3 a � :3 Q rDD Q 0 C 7 � D tO (D , C a cu N p ago Nb o °nm rt °1m9 c a m a = Vf o -,; n, O o n 0 —rn m t0 ,d T o =� ag S ro3 0 � � (D 0O �m3 3c N O 3 rt (D 3 0 c Uo �p X Q. rt N rc p Q O 2L 1w rt rr e r (D C !D g• p (D o 0 (D n� /\ 33� io3 ,-•r � d Rte`, lD m Cl. CD RL (D =°�_ M (D O 0 to o (D O H ro n m (D _t O rt O r f� N C� �c G O A MT m ma Mi 1� f+ O m 1q,-), > ate, m a 0 -� ° m o ° 3 rt � � O � o � rim O S � C G 7 C 3 L ,Y 01 c"`n n N =)aq CQO p o A fl = 9 ' ID m c� .... fl c E o . o, C o 3 N rt d Q OG i o (fl 1 O 0 N oni � r -, rD S 0iB- n n Ln ° G o 0 n o —rn cfl vi - n Di nm° a� 0 w O � ° (D ca. A o X U:) D) 0 O o a rn 3 3=t = ..� -z n al � h o n ro (D V 0 n rD . x rt " '°rn =!. rt O Ln E; O P, P V d = =r :3 pa rt n n n 'r rD G N [D �• O tD n m ra a ^ a 2. O CL o �0) M -5 c� Lo ( on a N3 u Di (D 0 7c _r L3 0 3 CL cu o � g � � 60) � fz D n S a�� N =3 ID � � �01 R G) a 00 N O Q, O� � (D lfl d O S' 7 (U v Q S. ( O Q N D7 rt Q1 Q O to � OA N A �" �fD sr v CD 0 a C N 7 CD (ND O N 7 V' O lD � n 0 0 c —rn a cn (TD LO Vj" n d 3 OA �, 3 m N Q 3 ID O d r < 0) N Q 0 0 o 3� vcD3 z n n 3 o �o cflo=s h n rt � rt rt C O O �(cn m (D ?. o cD n —� o �° ^v v CL o (D 3 °J r* G) m E m a-0, W Ln a7 rnL a, a�•o S �o ODD n � r r O cn N lD fD ma m fop rt O rt (D -� O rA3• W 0 O A C rt O m '� 1p F N CD CL ar Z4 un tl:zz IV .jj --I' owo V1 N W a N -- Al W �, U) � r t Ly N3 u Di (D 0 7c _r L3 0 3 CL cu o � g � � 60) � fz D n S a�� N =3 ID � � �01 R G) a 00 N O Q, O� � (D lfl d O S' 7 (U v Q S. ( O Q N D7 rt Q1 Q O to � OA N A �" �fD sr v CD 0 a C N 7 CD (ND O N 7 V' O lD � n 0 0 c —rn a cn (TD LO Vj" n d 3 OA �, 3 m N Q 3 ID O d r < 0) N Q 0 0 o 3� vcD3 z n n 3 o �o cflo=s h n rt � rt rt C O O �(cn m (D ?. o cD n —� o �° ^v v CL o (D 3 °J r* G) m E m a-0, W Ln a7 rnL a, a�•o S �o ODD n � r r O cn N lD fD ma m fop rt O rt (D -� O rA3• W 0 O A C rt O m