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03/21/1995 - City Council Regular (-_,-.7,.., \ i, AGENDA EAGAN CITY COUNCIL - .* L MEETING EAGAN MUNICIPAL CENTER BUILDING MARCH 21, 1995 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:30 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:35 - LEGISLATIVE SESSION UPDATE IV. 6:55 - VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) V. 7:05 - DEPARTMENT HEAD BUSINESS (BLUE) VI. 7:10 - CONSENT AGENDA (PINK) A. PERSONNEL ITEMS 'p. 10 B. PLUMBERS LICENSES IS. APPROVE PURCHASE of Ice Resurfacer P' /SD. EXTENSION OF Meter Reading Service Contract PG E. DISPOSAL OF Pumper Truck .O F. RECOMMENDATION, Airport Relations Comm. , MAC Noise Mgmt. Methodology ,c;'7 G. CHANGE ORDER, Police Department Building Project, Bergh's Fabricating ,' H. PROCLAMATION, Burnsville/Eagan Public Access Volunteer Appreciation Day 36(I. RESOLUTION, Supporting Passage of "Minnesota Emerging Communications oe63o Services Act of 1995" j J. PROJECT 681, Receive Feasibility Report/Order Public Hearing; North Nicole Road Street Reconstruction fei3K. PROJECT 664, Receive Feasibility Report/Order Public Hearing; Wescott . Square Street Reconstruction ((4//t,. PROJECT 661R, Receive Final Assessment Roll/Order Public Hearing; Sibley Terminal Industrial Park 4 41(M. PROJECT 645, Receive Feasibility Report/Order Public Hearing; Balckhawk Pe Hills Addition Street Reconstruction f,(4) N. PROJECT 601A, Receive Final Assessment Roll/Order Public Hearing; Lone r Oak/Lexington Avenue Intersection Improvements & Signalization j,CIS 0. CONTRACT 94-05, Approve Change Order #2; Dodd Road Street Reconstruction 46 P. RECOMMENDATION, Airport Relations Commission, Runway 4/22 Position �� , t(1Q. CONTRACT 94-05, Approve Final Payment; Dodd Road Street Reconstruction F R. PROCLAMATION, Medical Laboratory Week, April 16-22, VII. 7:15 - PUBLIC HEARINGS (SALMON) A. PROJECT 682, Deerwood Townhomes Utilities r ."17 B. STREET NAME CHANGE, Huila, Inc. from Hiwall to Wall Street, located in P the SW 1/4 of Section 31 090C. PROJECT 607, Revised Assessment Roll; Diffley Road Improvements VIII. OLD BUSINESS (ORCHID) q74( A. PARK ACQUISITION, Borchert Ingersoll Tax Forfeiture IX. NEW BUSINESS (TAN) f Q').....A. PRELIMINARY SUBDIVISION, Safari at Eagan 3rd Addition/J. Byron Watschke, of one lot and one outlot; FINAL PLANNED DEVELOPMENT for a theater/ restaurant; PRELIMINARY PLANNED DEVELOPMENT for a future restaurant; and CONDITIONAL USE PERMIT for sale of beer and nine, located north of Cliff Road, and west of Thorns Center Drive • o, 1e2 B. COMPREHENSIVE GUIDE PLAN AMENDMENT, Mallard Park 4th Addition/EHW Properties, from D-III and RB to D-1; REZONING, R-4 and RB to R-1; and PRELIMINARY SUBDIVISION, for 63 lots and 2 outlots, located south of Diffley and vest of Johnny Cake Ridge Road C. REQUEST FOR FINANCIAL SUPPORT, Minnesota Emerging Communications Services Act of 1995" Z. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XI. ADMINISTRATIVE AGENDA (GREEN) III. VISITORS TO BE BEARD (for those persons not on agenda) XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 16, 1995 SUBJECT: AGENDA INFORMATION FOR THE MARCH 21, 1995 CITY COUNCIL MEETING After approval is given to the March 21, 1995 City council agenda,regular meeting minutes for March 7, 1995 City Council meeting and the special City Council minutes for the March 7, 1995 special City Council meeting, the following items are in order for consideration. NOTE: Enclosed on pages o2 through 7 is E &V's bid award recommendation from the March 7, 1995 meeting. You will note that the roofing bid is being rejected and will be rebid as additional competition exists in this area. There are no items to be discussed under Department Head Business at this time. f f I'M-176-1995 0911 E & V. INCORPORATED 612 559 5104 P.02/07 AIA!!;:?0:r4 March 7, 1995 Conduction ServI es Holland•MY aposr•Soanrnsn o Mr.Tom Hedges City of Began 3830 Pilot Knob Road • Hagan, Minnesota 551224897 Re: City of Hagan City Hall Addition and Renovation Bid Results Dear Tom: The bids received on February 15, 1995 for the above referenced project have been tabulated and reviewed. The contract amount will include the base bid and Alternate No. 12. It is the joint award recommendation of E&V, Incorporated and Thorbeck Architects, Ltd. that contracts be issued to the following contractors: Bid Division C01: Caecrote FoetInga Foundahnns and Flahv ric Sp oonsei Construction,Inc. 29491 - 109th Avenue North Hanover, Minnesota 55341 Base Bid 8172,500.00 Alternate No. 12 $0.00 Total Contract Amount 8172,500.00 Did Division CO2: Masonry and Stone Del's Construction Company,Inc. Route 1,Box 7B LeSueur, Mimaota 56058 Base Bid $310,000.00 • Alternate No. 12 80.00 Total Contract Amount 8310,000.00 Vail ng Relationships Through Pen ar nonce, E&V INCORPORATED 1280D hdustrlal Park Bhnd.•Suite 210•MnneopoNs,MN 55441-3900•612/559-4111 R■96X 612 559 5104 03-17-95 09:00AM P002 #45 Ic -17-1995 09:12 E 8 V 1 I CCRPORATED 612 559 5104 P.03/07 Mr. Tom Hedges City of Eagan City Hall • March 7, 1995 Page Two Bid Division CO3: Steel_l S ly end Erection DAKA Corporation Route 3,Box 65F Industrial Park Pine City,Minnesota 55063 Base Bid $79,300.00 Alternate No. 12 $0.00 Total Contract Amount $79,300.00 Did Division CH: Carpentry The Builders,Inc. 8100 Wayzata Boulevard Minneapolis,Minnesota 55426 Base Bid $296,000.00 Alternate No. 12 $700.00 Total Contract Amount $296,700.00 Did Division C05: Hollow Metal Doors.Frames. Hardware Supply Olewwe Doors,Inc. 935 Apollo Road Eagan, Minnesota 55121 Base Bid $23,123.00 Alternate No. 12 $0.00 Total Contract Amount $23,123.00 • Did Division C06: Roofing and Related Sheetmetal TO BE REBID 3 R-98% 612 559 5104 03-17-95 09:O0AM P003 #45 MAR-17 .1995 09:12 E & V. INCORPORATED 612 559 5184 P.04/97 Mr.Tom Hedges • City of Eagan City Hall March 7, 1995 Page Three Bid Division C07: Steel Studs sad Drywall Mulcahy,Inc. 5232 North Olenbrook Oakdale, Minnesota 55128 Base Bid $138,750.00 Alternate No. 12 $0.00 Total Contract Amount $138,750.00 Did Djvision C08: Acoustical Ceilings Ceilings Incorporated 1424 North Third Street Minneapolis,Minnesota 55411 Base Bid $38,895.00 Alternate No. 12 $0.00 Total Contract Amount $38,895.00 Did Division C09: Painting and Wall Covering Wachs Interiors, Inc. 14735 Highway 65 NE Ham Lake, Minnesota 55304 Base Bid $20,825.00 Alternate No. 12 $0.00 Total Contract Amount $20,825.00 Did Division C10: Ousrry and Ceramic Tile Reach's Tile,Inc. Highway N Bast P.O.Box 223 Birnsmwood, Wisconsin 54414 Base Bid $15,566.00 Alternate No. 12 $0.00 Total Contract Amount $15,566.00 R■98% 612 559 5104 03-17-95 09:OOAM P004 #45 MFR-17-1995 09:12 E & V, INCORPORATED 612 559 5104 P.05/07 Mr.Tom Hedges City of Eagan City Hall March 7, 1995 Page Four Did Division C11: Carpet and Vinyl Flooring The Pink Companies 13405 - 15th Avenue North Plymouth,Minnesota 55441 Base Bid $67,331.00 Alternate No. 12 $0.00 Total Contract Amount $67,331.00 Bid Derision C12: Casewwoo Haldeman-Homme, Inc. 430 Industrial Boulevard Minneapolis,Minnesota 55413 Base Bid $83,563.00 Alternate No. 12 $0.00 Total Contract Amount $83,563.00 Bid Division C13: Aluminum. Glass Ind(lazing Gateway/ACG,Inc. 889 Pierce Butler Route St.Paul, Minnesota 55104 Base Bid $145,900.00 Alternate No. 12 $0.00 ..ems Total Contract Amount $145,900.00 Did Division C14: Plumbing McGuire Mechanical Services, Inc. P.O.Bcac 219 20830 Holt Avenue • Lakeville,Minnesota 55044 Base Bid $55,475.00 Alternate No. 12 $0.00 Total Contract Amount $55,475.00 R•99% 612 559 5104 03-17-95 09:00AM P005 #45 MAR-17-1995 09:13 E 8 V. INCITED 612 559 5104 P.06/07 Mr. Tom Hedges City of Eagan City Hall March 7, 1995 Page Five Did Division C15: Heating. Ventilation and Air Conditioning McGuire Mechanical Services,Inc. P.O. Box 219 20830 Holt Avenue Lakeville,Minnesota 55044 Base Bid $386,765.00 Alternate No. 12 $0.00 Total Contract Amount $386,765.00 Arrow Sprinkler, Inc. 1521 - 93rd Lane NE Minneapolis,Minnesota 55449 Base Bid $25,800.00 Alternate No. 12 $0.00 . Total Contract Amount $25,800.00 Did Division C17: Electrical Petersen Electric Unlimited,Inc. 12903 Pioneer Trail • Eden Prairie, Minnesota 55347 Base Bid $499,956.00 Alternate No. 12 $0.00 Total Contract Amount $499,956.00 Bid Division C18: Cauikmna Seal-Treat, Inc. 9823 Valley View Road Eden Prairie,Minnesota 55344 Base Bid $3,845.00 Alternate No. 12 $0.00 Total Contrast Amount $3,845.00 R-99X 612 559 5104 03-17-95 09:OOAM P006 #45 MAR-17-1995 09:13 E 8 V. 1NCRPDRATED 612 559 5104 P.07/07 Mr. Tom Hedges City of Eagan City Hall March 7, 1995 Page Six We will issue letters of intent and contracts upon your approval. Sincerely, E&V,INCORPORATED Michael P. Stowe Senior Project Manager MPS:kkn cc: Dewey Thorbeck TOTAL R■9896 612 559 5104 03-17-95 09:OOAM 00 7 645 Agenda Information Memo March 21, 1995 Eagan City Council Meeting There are eighteen(18)items on the agenda referred to as consent items requiring one (1) motion by the City Council If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL: A. Resignation/Parks Clerical Tech III--The City has received a letter of resignation from Debbie Meinders,„ erical Technician III in the Parks and Recreation Department. Enclosed on page is a copy of the letter of resignation for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the letter of resignation from Debbie Meinders, Clerical Technician III, of the Parks and Recreation Department. • March 16, 1995 • Cheryl Messko City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 Dear Cherry), Please accept my letter of resignation from the City of Eagan as Clerical Technician Ill, Parks and Recreation Department. My last day of employment will be Thursday, March 30, 1995. I have accepted a position with another company that I believe will offer diverse opportunities in which to utilize my skills. It is with much deliberation that I have made this decision for I have enjoyed working for Ken Vraa, Cherry) Messko and the rest of the Parks and Recreation staff. Sincerely, Ø4L. 0. ,� L) y� Debra D. Meinders • Ct Agenda Information Memo March 21, 1995 Eagan City Council Meeting PLUMBERS LICENSES B. Lenses,Plumbers—City Code requires that plumbing contractors operating within the City of Eagan be licensed on at least an annual basis. The following plumbers licenses are in order for consideration at this time: Buchman Plumbing Company, Inc., Crow River Plumbing It Heating, Klamm Mechanical Contractors, Inc., Neu Plumbing, Norblom Plumbing Co., and Oak Grove MechanicaL ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses, as presented. • • Agenda Information Memo March 21, 1995 Eagan City Council Meeting PURCHASE/ICE RESURFACER C. Approve Purchase of Ice Resurfacer—Enclosed on pages through /7 is a memorandum from the Parks and Recreation Department regarding the purchase of an ice resurfacer for the Civic Arena. As outlined in the memo, it is the recommendation of the Review Committee that the Zamboni electric ice resurfacer be selected. In the event that the differences identified between the electric and propane units are not significant enough to warrant the difference in price,the committee recommends the purchase of the Olympia propane unit instead. ACTION TO BE CONSIDERED ON THIS ITEM: To approve acquisition of the Zamboni electric ice resurfacer for the Civic Arena project, as presented. MEMO ._._ city of eagan DATE: MARCH 14, 1995 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: ICE RESURFACER - CIVIC ARENA ISSUE, Authorize the acquisition of an ice resurfacer for the Civic Arena. BACKGROUND Staff asked for proposals for providing an ice resurfacer for the Civic Arena. These proposals were due March 3, 1995. As anticipated, the City received proposals from Zamboni and from Becker Arena Products for an Olympia ice resurfacer. The City requested proposals for both a propane and electric ice resurfacer. Tabulation of those proposals are as follows: Zamboni Propane-$49,895.00, Zamboni Electric- $71,325.00, Olympia Propane- $47,285.00, Olympia Electric - $69,970.00 REVIEW COMMITTEE, In late November of 1994, the Director of Parks and Recreation put together a study committee on the ice resurfacer. This study committee consisted of Steve Taylor, Parks Maintenance Division, Tom Streefland, Vehicle Maintenance, and Rich Pelletier, Operations Supervisor. Responsibility of the committee was to investigate the ability of the ice resurfacers for application to the Civic Arena. Part of their responsibilities was to ascertain mechanical durability, preventative maintenance Issues, life cycle cost of the ice resurfacer, In addition, they were also asked to review the suitability of an electric ice resurfacer. The committee's recommendation was for the City to acquire an electric ice resurfacer over the traditional propane resurfacer. Rationale for the recommendations included: lower operational costs, less maintenance costs for upkeep of the resurfacer, better air quality and the best operational cost for the ice arena. The electric resurfacer does not require as much fresh air turnover meaning 1 °. Page 2- the operation of the dehumidification system will be less. It was also the committee's recommendation that, barring any substantial difference in price, the electric Zamboni is the preferred resurfacer between Olympia and Zamboni. DIFFERENCES OF OPERATION The Zamboni ice resurfacer is a battery operated machine. Zamboni has had this machine on the market since 1990 and locally has been in operation in the Augsburg, Richfield and Bloomington Ice Arenas. Augsburg has a double sheet of ice and use a single resurfacer. The electric Zamboni replaced a propane-operated unit which they had for approximately twelve years. Augsburg Arena Manager, Jim Carey report the resurface performance is exceptionally good. He indicates the only problem has been battery cells that died and were replaced by the battery manufacturer under the five year warranty. The Olympia ice resurfacer utilizes a power cord strung over the Ice surface. This power cord is lowered to the machine and the machine is operated off a direct electric circuit(480 volt, 30 amps), much as would any electrical appliance. Locally, Blaine has such a machine. This equipment has been in operation for approximately one year and was installed by Olympia as a model site for the machine. Staff has visited the Blaine facility to see this operation, they too note exceptional performance. Staff is aware that an Olympia resurfacer was removed from a facility in Illinois reportedly because of operational problems including breakage of the electrical cord during a resurfacing operation. Apparently, the electrical cord became twisted and worn, actually dislodged. Because of this and other problems, the ice resurfacer was removed. At this point in time, Blaine has not reported any significant problems with this machine. Staff also spoke to a new owner in Northbrook, Illinois. He has had this machine only a few days. REVIEW AND ANALYSIS, Both electric machines provide the obvious advantages an electric resurfacer would for any ice arena; with their own peculiarities each has its disadvantages and advantages. Perhaps the most significant disadvantage of the Olympia is that it operates by electric cord and therefore it's operation is somewhat limited to the building. The battery-operated Zamboni will allow the resurfacer to be transported to other locations or removed from the building for non-ice operations if necessary. The Olympia does have a back-up that would allow it to be moved a shortdstance in case of power interruption. 13 Page -3- RECOMMENDATION„ As is previously mentioned, the maintenance/mechanical committee has recommended that the City acquire the Zamboni Ice Resurfacer unless there is substantial price differential that would warrant further consideration. That price differential has not appeared and consequently it is the committee's recommendations that the Zamboni be the resurfacer of choice for the Eagan Civic Arena. If the Council determines that the cost between an electric and propane - approximately $24,000 - is not,yvorth the diffference; staff would than option for an Olympia Propane because of the low bid. FOR COUNCIL ACTION: To approve the acquisition of the Zamboni Electric Ice Resurfacer for the Civic Ice Arena project. d2ziwf c kv 1 Agenda Information Memo March 21, 1995 Eagan City Council Meeting EXTENSION OF METER READING SERVICES CONTRACT, D. Extension of Meter Reading Service Contract—In March of 1993,the City entered into an agreement with RMR Services,Inc.,to read water meters for the City. In April of 1994, the agreement was extended for an additional one (1) year period ending March 31, 1995. The Finance Department has been pleased with the services provided and there have been no billing problems or difficulties resulting from this prioritization effort. Likewise, there have been no problems from the mairenance perspective. RMR Services,Inc.,has agreed to extend the contract for an additional two (2) year period. The proposed price per read for the two year period is $30. That compares to a cost of$27 per read which has been paid for the past two years. Staff feels that this remains a cost effective method of reading the meters and is recommending approval of the extension. The 1995 public utilities budget includes an appropriation to adequately cover the proposed ACTION TO BE CONSIDERED ON THIS ITEM: To approve the extension of the meter reading services contract with RMR Services, Inc. 1"( Agenda Information Memo March 21, 1995 Eagan City Council Meeting DISPOSAL OF FIRE TRUCK E. Disposal of Pumper Truck--Enclosed on pages Li through f q are memorandums from the Fire Chief and Fire Truck Committee concerning Unit #3, a 1965 Ford Pumper. For the reasons outlined in the memorandums,the Fire Department is recommending that the truck be donated to the Minnesota Firefighters Museum, due to its limited value for firefighting use or salvage. ACTION TO BE CONSIDERED ON THIS ITEM: To declare Fire Department Unit#3, a 1965 Ford Pumper Truck, to be surplus property and to authorize its donation to the Minnesota Firefighters Museum as presented. 1 `P • MEMO _city of eagan DATE: March 5, 1995 TO: Tom Hedges/City Council Members FROM: Dale Nelson, Fire Chief SUBJECT: DISPOSAL OF PUMPER TRUCK Recently I received the attached memo from Truck Committee Chairman Mike Scott. The intention of our Truck Committee is one of great pride, not just in the fire service in general, but also in keeping alive the spirit of our first pumper, Unit 3. In the fire service, the firefighting equipment is more than just metal with wheels. It becomes a partner and object of pride, much the same as a canine patrol dog is to a police officer, or the very symbol of our City, the Lone Oak Tree. Donating Unit 3 would be placing our retired partner in the hands of volunteers with much of the same love for the fire service. It would permit display of retired equipment for the public to view, and as time and money permits, to restore the equipment to again stand proud to represent our City. Unit 3 would take its place along with dozens of other pieces of equipment also donated by as many other neighboring communities. With this in.mind, I would like to lend my support to the recommendation of the Fire Department Truck Committee, and ask for your consideration in the same. DNhp ChkfslMtMt3.DN • • 1 -7 IN 1; eagan fire department MEMO MI-7E DATE: February 22, 1995 TO: Dale Nelson, Fire Chief FROM: Mike Scott, Truck Committee Chairperson SUBJECT: Surplus 1965 Ford Pumper The Eagan Fire Department is about to declare a pumper as surplus property. This would normally mean that the pumper would be placed for sale through the City's auction program. The Eagan Fire Department's Truck Committee has done some research concerning this pumper and would like to ask permission from the City Council to donate this truck to the Minnesota Firefighters Museum. The museum is a non-profit organization that preserves Minnesota's firefighting history. The truck would be put on display at the museum. The pumper, which is Unit #3, was the first new piece of apparatus ever purchased by the Eagan Fire Department. It was designed by members of the fire department and was built by General Safety Equipment in North Branch, Minnesota. The pumper is a 1965 Ford pumper. The cost of Unit#3 was $28,150. Unit#3, which is 30 years old now, is being replaced by the fire department's new Emergency Support Vehicle (a combination heavy rescue/light/air refill unit). The only previous pumper sold by the fire department was Unit#6. Unit#6 was six years newer than Unit#3 and had more desirable options. The City only received one bid for Unit #6 and it was from General Safety Equipment for $10,000. General purchased Unit #6 almost two years ago and has not yet found a buyer for it. We contacted General to inquire about the market value of Unit #3. The representative from General stated that it would be very unusual to find a fire department interested in buying a truck that is 30 years old. Unit#3 also is lacking some important options that a fire department would want,including a larger g.p.m. pump, a larger water tank, a crew cab, a diesel engine, automatic transmission, and lastly the electric pump needs to be repaired at an estimated cost of $1,000. General felt that the one possible market for Unit#3 would be scrapping the chassis and using the pump for agriculture purposes. They felt if a buyer could be found that the market value of Unit #3 would be between $2,500-$4,000. I Q a _ _• February 22, 1995 Page 2 The Truck Committee respectfully requests that the City Council allow Unit #3 to be donated to the Firefighters Memorial Museum of Minnesota in order to preserve some of Eagan's history. Thank you for your consideration. . ...0.le_.2cr.a ...____.__ Mike Scott, Truck Committee Chairperson MS/kmk • Agenda Information Memo March 21, 1995 Eagan City Council Meeting MAC NOISE MANAGEMENT METHODOLOGY RECOMMENDATION, F. Recommendation, Airport Relations Commission, MAC Noise Management Methodology—At its meeting of March 14, the Airport Relations Commission reviewed an updated Noise Management Methodology to replace the former noise budget measurements. For additional information relative to this item, please refer to a memorandum which is attached on pages&pages through. The commission is recommending that the Council adopt the comments outlined in the staff correspondence as the City's official position with respect to this issue. ACTION TO BE CONSIDERED ON THIS ITEM: To approve comments relative to the proposed MAC Noise Management Methodology as recommended by the Airport Relations Commission. a0 • MEMO __city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MARCH 15, 1995 SUBJECT: AIRPORT RELATIONS COMMISSION - COMMENTS NEW MAC NOISE MANAGEMENT METHODOLOGY The Metropolitan Airports Commission is proposing a new Noise Management Methodology to replace the Noise Budget system which expired in 1992. The methodology proposed is a way of benchmarking or measuring the effectiveness of the overall MAC noise abatement program. It will not replace or eliminate any other portion of that program. Staff received the attached description of the methodology in late February with a comment deadline of March 10. The correspondence which is also attached was prepared to meet that deadline with the qualification that the issue would be discussed by the ARC and City Council. At its meeting of March 14, the Airport Relations Commission discussed the issue and recommended that the City adopt the initial correspondence as the City's formal comments on the methodology. ACTION REQUESTED OF THE CITY COUNCIL: To approve the ARC recommendation of comments relative to the New MAC Noise Management Methodology. i to the City Administrator C2 • New Noise Management Methodology The Metropolitan Airports Commission(MAC)was direcoed.by its Planning and Environment Committee to davdop a new aviation noise management methodology to contain and ultimately rednoe aircraft noise • Mated as a by-product of operations at the Minneapolis/St. Paul Internadonal Airport (MSP). In -avow to vociferous public testimony at both a public hearing in November 1992 and a public meeting in September 1992, and with direction from the MAC Planning and Environment Committee, the • • following is a draft framework for a Noise Management Methodology to replace the Average Daily Noise • (ADNE)trading system and former Noise Budget Methodology. One of the most important goals for the new Noise Management Methodology is but it be areightfonrard 'Ind madly understandable to all Interested parries,with tangible endpoints.a dear marking mechanism and reporting in a format using units familiar to a wide audience.With these broad concepts in mind.MAC staff developed a proposed framework Air noise management through the stun of the deanery. Based on these broad tenets. MAC Staff proposes the following framework for a new 3[Sp Noise Management Methodoloa: 1. The most straightforward evaluation of the noise environment at an airport is tracking the actual number of older technology.Stage 2 operations.The proposed Noise Mamma Methodology uses Stage 2 operations(a landing or a takeoff)as a benchmark for impact . on the community. Stage 2 reduction as a means of easing the noise burden around airports has been validated by federal endorsement of the Stage 2 fleet phaseout plan as part of the Airport Noise and Capacity Act of 1990 (ANCA). The goal of this new program is to achieve all Stage 3 aperadons at MSP by the year 2000.Because Average Daily Operations is a historically reported unit of measure familiar to many Interested in the aviation noise challenge at MSP, the new proposed program uses average daily operations as a straightforward, direct measure of Stage 2 operations, and noise environment improvement over time.Use of percentage of Stage 2 operadoa Impliddy allows for an incremental increase of actual numbers of Stage 2 operations at MSP.This new program apliddy demands no additional Stage 2 operations at MSP.This does not suggest a cap on operations at MSP,but rather that new operations must be Stage 3. 2, performance a000nnring for the new program will be based on actual alruaf operations saber than scheduled operatons. The advent of sophi:ticaed operations monitoring •equipment. specifically MS?: Airport Noise and Operations Monitoring System (ANOMS),eliminates ambiguities associated with animating scheduled°peados:,and the need kr cwnl ersowa Often 'spored) reporting schemes dependent on airline • PaniciPska 3. 'ft provide a seasonable eoimpadron period, Salim program nos rolerde"osiers,' 4 usher than months as the patens=evaluation period. Evidence in tracking adding guidons for the past six years indicates that a time frame as short as 30 days an be misleading due to large mamma=movements, weather,marketing sue, and other - tandem scheduling abandons. Om the other hand, an animal evaluation paled is she bug a time period over which to manage adverse operational trends.Though a calendar r quarter provides a large enough time block to acooum for scheduling aberrations.it allows -for whatever action may be imeemary to be aka la a sborteoongb time frame to monitor • _ tad evaluate the se:dts of itch an action. Addidonally, quarterly reporting and • iza 9-- , t '1 • Methodology contlstmcy between this proposed Noise Management ology and the mildng Stage 2 Nighttime y Aammaut,establishing a seamless,overall program. 4. For Stage 2 reduction performance tracking, the proposed Noise Management Methodology com pares average daily operations of enalogous.alendar quarters tom the •wren:year to the part year thus change in Stage operations,compare(say)winter quarter(January,February,March)of 1994 to same period one year before, i.e., winter quarter 1993. Using this technique, seasonality will not be a factor. 3. Recognizing the sensitivity to aircraft noise during nighttime hours. Stage 2 seduction performance will be trucked by thee discrete time periods in addition to the quarterly comparisons noted above. Thad discrete periods include 7 AM. to 10 P.M., 10 P.M.to 11 P.M.and 6 Am.to 7 AAt.and 11 PAL to 6 AM. 6. Tangible endpoints for the program lend aedibility and a sense of Saneness tD the process.The federal noise rule establishes a final compliance date for Stage 3 opperadoos. Section 91.853 of Federal Aviation Regulation Pan 91 states:After December 31, 1999, no person may operate to or from an airport in the United States any civil subsonic turbojet aircraft with a maximum weight of more than 75.000 pounds unless such aircraft complies with Stage 3 noise levels,as determined by the Secretary.Establishing the year 2000 as the all-Stage 3 goal complies with federal rules and establishes a tangible airport restriction in the event that the Airport Noise and Capacity Act is amended in the Araae. In order to thither comply with existing federal law.valid federal waivers will be honored in the new Noise Management Methodology. 1 7. Because interim compliance requirements in the federal noise rile are not as clear as the • Seal Stage 3 requirement(above),your input is necessary for determining viable interim Stage 2 reduction goals that are both meaningful and achievable.As a minimum,the new Noise Management Methodology establishes a policy of no increase in Stage 2 operations from one quarter to the same quarter in the following yen, by time period as noted in five(5) above. This "no bedaliding" concept as well as all provisions of this Noise Management Methodology will be a applied to all curlers operating turbojets at MSP heavier than 75.000 pounds. S. lbtal Airport Stage 2/Stage 3 Average Daily Operations by Quarter will be sewed in . graphical and tabular form.Attached for paspec Live is historical performance of carriers operating turbojet aircraft at MSP since 1986,in terms of Average Daily Operations by quarter(see pmt).Ilds historical data is not ANOMS generated. but comes from Federal Department of Transportation records. . Tour comments are absolutely necessary to implement this proposed noise management tool as a voinatuy agreement.T e Metropolitan Airports Commission ramins committed to working with both air carriers and aimed citizens to negotiate nmarally agreeable voluntary measure:that address the diffialt balance between maintaining facilities that meet the vital seeds of Nedonal Airspace System users. while minimizing off-abport Imparts on airport Please send your comments to Jean Deigton.Operations Committee Secretary. Maur comments will be us incorporated into a Drq *buttery Noise Management Agreement.followed by a Final%bluatary Noise • • Management Agreement to be signed and executed by the Metropolitan Airports Camisoles and all air carders operating turbojet aircraft with a maximum weight of more than 75.000 pounds at MSP. Significant interest surrounds this issue.and your prompt masks is critical to completing this process vas 2 4 -,,,' .._ I city of eognn THOMAS EGAN February 22, 1995 Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A.MASIN JEAN DEIGHTON THEODORE WACHTER METROPOLITAN AIRPORTS COMMISSION CouncII Members 6040 28TH AVENUE SOUTH THOMAS HEDGES MINNEAPOLIS, MN 55450 Clly AdrtlkNSfrorw RE: MAC NOISE MANAGEMENT METHODOLOGY E.J. VAN OVERBEKE ON Clerk Dear Jean: Thank you for the opportunity to comment on the proposed noise management methodology, currently under review by the MASAC Operations Committee. Given the deadline for response, it will not be possible to review the methodology with the Airport Relations Commission or City Council prior to March 10. Please accept these comments as a preliminary response. Any additions or modifications to these comments will be forwarded to you after Commission and Council review and prior to the matter coming before MASAC. The proposed methodology responds to the MAC charge very well. It also responds to the competing needs to provide complete, yet comprehensible reports to the interested parties. The comments below are intended to be constructive and to provide some perspective on those competing needs. 1. Tracking the Number of Stage 2 Operations - While this strategy is extremely effective in the short run, and it is measurable and achievable as described, it does not take into account the effect that a growing number of Stage 3 operations will have on the community. As described, the proposed methodology has an effective life of five years, after which noise management by definition will involve only Stage 3 aircraft. The industry and noise-interested groups around the country have begun to discuss the feasibility of Stage 3.5 or Stage 4 standards recognizing that even quiet jet aircraft create noise. The current political environment suggests that fewer resources, not more, will be available for noise mitigation. As was the case with the Stage 1 to Stage 2 conversion, one generation's solution is the next generation's problem. I would suggest that a new noise management methodology have both short term strategies (reduction of Stage 2 operations) and long term strategies (further reduction of aircraft and airport noise at its source) . MUNICIPAL canal THE LONE OAK TREE MAINTENANCE FACILITY 5830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY ` 1 COACHMAN POINT EAGAN.MINNESOTA 66171.1897 EGGAN.MINNESOTA 66122 PHONE:(612)681.4600 PHONE:(612)681-4300 FAX:(612)681.4612 Equal Opporfunlfy/Affkmative Action Employer FAX:(612)601.4360 TDD:(612)4640605 a q TOD:(612)4544535 Other measurable and reasonable noise management benchmarks might be monthly or quarterly average noise levels at the ANOMS monitors and the number of aircraft not complying with corridor procedures. Goals for reductions of each could be established at reasonable intervals. 2. Actual Aircraft Operations - This is a reasonable and effective approach. 3. Quarterly Reporting - The rationale for this approach is reasonable. It is essential that the current monthly reports be continued for MASAC purposes, but the new noise methodology reports can be quarterly. 4. Comparison by Quarters - This is a reasonable approach. It may be worthwhile over time to compare to more than one previous year as this will also demonstrate trends and diminish overreaction to aberrant quarters. 5. Tracking by Discrete Time Periods - This is extremely important. 6. Tangible Endpoints - The Stage 2 deadline is one reasonable endpoint. Others are necessary as well because there will still be aircraft noise after December 31, 1999 and as operations increase, the noise impacted areas are expected to grow again after the phaseout. It is important that there be interim deadlines as discussed below and longer term objectives and deadlines so that the noise management program is more than one dimensional. 7. Interim Reduction Goals - At a minimum, there should be no backsliding in compliance and it seems that the FAA could interpret the interim compliance requirements it will enforce with sufficient clarity to adopt them as part of the MSP management program. The primary question is whether the FAA will permit individual airports to set standards at or above the fleet reduction standards. If so, perhaps a viable alternative would be to calculate the allowable numbers of Stage 2 aircraft using the current fleet mix and the interim. phase out percentages. The Noise Management Methodology could then identify each airline's interim maximum in the voluntary agreements. This would not prevent a different number actually being in a fleet in the future, it would simply set a ceiling for the Stage 2 operations at MSP. 8. Historical Performance - As my review copy did not include the attachment, I am not able to comment on it, but the reporting concept outlined seems reasonable. Again thank you for this opportunity to comment. If you have questions, please let me know. Sincerely, j n 8ohenstein ity of Eagan Agenda Information Memo March 21, 1995 Eagan City Council Meeting POLICE DEPARTMENT CHANGE ORDER G. «, Order,Po lict Department Building Project,Bergh's Fabricating--Enclosed on pages _ ; through is a memorandum from staff covering change order #5 from Bergh's Fabricating in the amount of$358. This item is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON3HIS ITEM: To approve change order#5 for Bergh's Fabricating for the Police Department expansion project, as presented. • • c27 MEMO _city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MARCH 13, 1995 SUBJECT: POLICE DEPARTMENT-MUNICIPAL CENTER EXPANSION CHANGE ORDER Attached is a copy of a change order from Bergh's Fabricating for the building expansion project. The change represents a net addition to the steel construction bid in the amount of$358.00. It is detailed as follows: 1. Bergh's Fabricating - Change Order #5/pco #65 - Install steel beam to support overhead role up door at evidence room - $358.00. This item has been reviewed by the staff and consultants and is in order for consideration by the City Council at this time. Assist the City Administrator 3 -8 CHANGE ORDER PCO No.65 T: City of Eagan CHANGE ORDER NUMBER: OS Police Facility Eagan, Minnesota INITIATION DATE: January 25, 1995 JNTRACIOR: ARCHITECT'S PROJECT NO: 624.A Bergh's Fabricating, Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 2208 Airport Dr. Willmar,MN 56201 CONTRACT FOR: Bid Division 04: Steel Supply and Erection Mark No.: 300-040 - CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide ail work associated with the following item(s)stated in Buletin No. 26,dated January 13, 1995: • Add steel beam for additional support to overhead roll up door at Evidence Room. ADD $358.00 TOTAL $358.00 Not valid until signed by the Owner,the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 137,000.00 Net change by previously authorized Change Orders $ 2,164.00 The Contract Sum prior to this Change Order $ 140,763.00 - The Contract Sum will be increased by this Change Order $ 358.00 The new Contract Sum including this Change Order will be $ 141,121.00 The Contract Time will be unchanged by (0)Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Jtecommended by Construction Manager Approved by Architect E&V, Incorporated Thorbeck Architects Minneapolis, MN Minneapolis, MN By: / � r -- -.� By:1 Date: t _e G-- '?•; Date: ytAttrtzt"..A._, Agreed to jardagnaiff_ Authorized by Owner Bergh's F ' City of Eagan Will MN Eagan, MN By: i■ By: Da e: tor' Date: By: Date: Agenda Information Memo March 21, 1995 Eagan City Council Meeting PUBLIC ACCESS VOLUNTEER APPRECIATION PROCLAMATION H. Proclamation,Burnsvil le/Eagan Public Access Volunteer Appreciation Day- Enclosed on pages at_ through 33 is a memorandum from Cable Coordinator Reardon concerning the annual Burnsville/Eagan Public Access Volunteer Appreciation Event scheduled for Thursday evening, March 30, from 6:00 to 9:00 p.m. The Council and staff are invited to participate in this event and meet many of the volunteers responsible for local programming for the two communities. A copy of the proclamation relative to this item is attached to the memo. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim Thursday,March 30, 1995, to be Burnsville/Eagan Public Access Volunteer Appreciation Day, in recognition of the City's public access cablecasters. 30 SP, EAGAN I"444 mi 44 AIAI H COMMUNICATIONS COMMISSION 3830 PILOT KNOB ROAD, EAGAN,MN 55122-1897 (612)681-4608 • FAX 681-4612 • TDD 454-8535 MEMO DAZE: March 14, 1995 TO: Deputy City Manager Hansen Assort to the City Aerator Hohenstein ]FROM[: Mike Reardon, Cable Coordinator iiktk SUBJECT: Cities'Proclamation-Burnsville/Eagan Public Access Volunteer Appreciation Day, March 30, 1995 BACKGROUND Attached is a copy of a proclamation which proclaims Thursday, March 30 as the Burnsville/Eagan Public Access Volunteer Appreciation Day. The Cities'proclamation of a Volunteer Appreciation Day coincides with the Cable Commission's and Meredith Cable's sponsorship of the 8th Amoral Public Access Volunteer Appreciation Event at Meredith's public access facility in Eagan. The last six Volunteer Appreciation Events/Days have been proclaimed as such by the Cities. The attached sample proclamation provides general background as to the number of volunteers,bouts of programming and the number of productions provided by the volunteers in 1994. ADDITIONAL INFORMATION Also attached is a copy of the invitation that was sent regarding the Appreciation Event. As noted,the awards ceremony will start at 7:00 p.m. The ceremony will also be shown live on TV33 and taped for figure playbacks. As has been past practice, the mayors of both cities have been invited to present awards. In the event either Mayor is unable to attend, it woad be appreciated if they would appoint a designee to make the presentations in their place. Of course, all of the City Councilsemben are also invited to attend the event. ACTION TO BE CONSIDERED; On behalf of the Cable Commission and Meredith Cable,it is states request that the Cities consider adopting the attached proclametioa at the Burnsville City Council meeting of March 20 and at the Eagan City Council meeting of March 21. attachments dkc / , •-.- _,.."-•-•-',,-.-9,.,..;.',-..„„fid.,-,,, Littd,•,,X.14*,' c5+4•:::W1,4t 44•14%,401f4,7*. f.4."'"k 4.",. .,..4.e*:.,....1 ."...",=.74'....,•-44',,V.4614..- ---,,..,'.'",--•_7,.. ' ',eV"''..',...:4,,I,L....r.,,,,Ai'...",- .."'•..--T...-.- .--",....;,,-....,1--.....-i ----, 7,"-,-z.,-1.-.. . -1.1--,,,,,,.€-*-v,•.., r.- .---.7;.• --.- :,..: 1-_-!,Z-v.i.e.7:.-..^•-"," .---1-•,'...." , i•"."-,-.- -,,,... ",i,-- ,- _ - ' .--; -- ,--",d.` - --,r%.'-'..;-. _ -.• 1",,,,_,-.1-0,-"7'..' 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'•,'-t- c"• ' ,*:.-'e •.4).."''''. 3 • 4,• •V',4'.,:i ‘-' • ."3' • ' .. - 'CY'. .'''..ss.',..'-' •? • ' -,74'. :'•.: ,' ',."-,,,, 1:•••0,''..`:.i.:' “ "'• • .- - ."'.f..N‘.,„ ti.-..., --.. "' .•:.•; ...-: ' ' " **...•.: ' '' . .....1. . . ... • ' ''hi '•.1.'''' . '' ' *.` . -e... : -''1 - -. ifp . :'•• ■ • ' 'tr..-t.' '".t•iagi.'d'• ••-.6.44/1 "'' 1. " " • -' k t-; ''l'.1tFri•Pf:*: #S'-i',4'..r -C;''' • ' ''#"#1.ir,1.1■411:••44'•-f--,,:.:Trirst".ts.xor-,, ;rex,:,....-. - .*;- -•. . -,.... 4.'4.- .. --',r),;!t• ...;0...N, y„ .'r 4 at;ts - . , 94 . • ..t .. ..1.4,4410,,siat"..,9 t* ,Id ,•+ .9-.. • 9.:174..1 . . - CITY OF EAGAN PROCLAMATION BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY MARCH 30, 1995 . WHEREAS,from January 1, 1994 to December 31, 1994, approximately 250 citizens have volunteered over ten thousand hours of their time and energy to provide public access programming to the communities of Burnsville and Eagan, resulting in 833 hours of original public access programming and 574 new productions; and WHEREAS, these public access programs provide the opportunity for the citizens of Burnsville and Eagan to view programs for and about their communities,which otherwise would not be provided; and WHEREAS,the Burnsville/Eagan public access volunteer producers and their crews have established TV 33, Burnsville/Eagan Access Television, as a premier public access channel with having received over 20 state and national awards; and WHEREAS, these volunteers receive no compensation for their time, energy and production skills, other than the occasional thank you by appreciative viewers and citizens; and WHEREAS, the Burnsville/Eagan Cable Communications Commission, in cooperation with Meredith Cable and their Burnsville/Eagan local access staff,have decided to demonstrate their appreciation by honoring all the 1994 public access volunteers,with the Burnsville/Eagan Public Access Volunteer Appreciation Event on March 30, 1995. NOW, THEREFORE LET IT BE RESOLVED, that I, Tom Egan, Mayor of the City of Eagan, do hereby proclaim Thursday, March 30, 1995 as BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY in Eagan, IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the City of Eagan to be affixed this 21st day of March in the year of our Lord One thousand nine hundred and ninety-five. CITY OF EAGAN Motion made by CITY COUNCIL Seconded by: By Its Mayor Those in favor. Attest: Those against: Its Clerk 33 Agenda Information Memo March 21, 1995 Eagan City Council Meeting EMERGING COMMUNICATIONS SERVICES RESOLUTION L Resolution, Supporting Passage of Minnesota Emerging Communications Services Act of 1995—The City has previously taken action to support the legislation referenced. At its meeting of March 8, the Cable Commission considered a formal resolution recommended by the Lea gue of Minnesota Cities which has participated in the preparation of the Iegislatio A copy of the resolution is attached to the memorandum which is enclosed on pages through The LMGis recommending that interested cities adopt a formal resolu on in addition to any previous action. ACTION TO BE CONSIDERED ON THIS ITEM: To adopt a resolution supporting passage of the "Minnesota Emerging Communications Services Act of 1995,"as presented. 5 V EAGAN (0) COMMUNICATIONS Aa COMMISSION 3830 PILOT KNOB ROAD,EAGAN,MN 55122-1897 m (612)681-4608 • FAX 681-4612 • TDD 454-8535 MEMO DATE: March 15, 1995 TO: Assistant to the City Administrator Hohenstein and Deputy City Manager Hansen FROM: Mike Reardon, Cable CoordinatorA14 SUBJECT: Member Cities Adoption of Resolution Supporting Passage of the "Minnesota Emerging Communications Services Act of 1995" BAGMOUINI At the Bumsvilie/Eagan Cable Commission's March 8 meeting, the Commission took official action to recommend that the Member Cities adopt, as their own, the generic resolution supplied by the League of Minnesota Cities (LMC) supporting the "Minnesota Emerging Communications Services Act of 1995". Both the LMC and MACTA, support this bill which is a major reform of state telecommunications policy designed to ensure communities and local economies will benefit from the convergence of communications technology. The LMC has made this a priority and a part of the League's 1995 action agenda. Attached is LMC's generic resolution and a summary of the legislation. Staff previously submitted in a February 13 memorandum, the Cable Commission's February 9 recommendation, that each Member City support this legislation. The LMC did not have a generic resolution for adoption at that time. In May, 1994, the Member Cities adopted the Information Superhighway resolution which urged "Congress and the State of Minnesota to include provisions requiring municipal involvement in any legislation relating to the formation, development and operation of the Memo to City Administrator Hohenstein and Deputy City Manager Hansen March 15, 1995 Page two Information Superhighway. The attached resolution is consistent with the underlying principles of the Information Superhighway resolution. By the Member Cities official adoption of the resolution, it would show its support of the bill in a more formal manner. LMC and MACTA encourages both adoption of the resolution, and distribution of it to their state legislators. The bill has support and authors in both the Senate and House, but does need ftrther support. Although there are no Eagan state representatives in either the House or Senate committees that would address this particular legislation, State Representative Ken Wolf does reside on the House Regulated Industries Committee. Assuming the Member Cities adopt the resolution, it would be staff's recommendation that Burnsville city representatives (i.e., mayor, staff and or cable commissioners) meet with Representative Wolf as soon as possible to garner his support for the bill. Action to be considered It is the Bumsville/Eagan Cable Commission's recommendation that the Member Cities officially adopt the resolution as proposed by the LMC and that the resolution be submitted to the Member Cities state legislators. Furthermore, it is staff's recommendation that a meeting(s) be set up with Representative Wolf to discuss this legislation at his earliest convenience. attachments dkc ((c) RESOLUTION CITY OF EAGAN SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995" WHEREAS, the City of Eagan is responsible for monitoring the operation and activities of cable communications in the City; and WHEREAS,the City provides coordination of administration and enforcement of the cable franchise;promotes the development of locally produced cable television programming; and conducts such other activities to ensure equitable and reasonable rates and service levels for the citizens of City; and WHEREAS, it is the intent of the cable franchise to ensure the development and continued operation of a cable communications system so that the City may achieve better utilization and improvement of public services and contribute significantly to the communication needs of its residents; and WHEREAS,in pursuit of these goals the City has granted to private interests the use of public property and public right-of-way. NOW,THEREFORE, at a regular meeting of the Eagan City Council dated March 21, 1995,the City endorses the "Minnesota Emerging Communications Services Act of 1995" and encourages its adoption by the Minnesota State Legislature for the following reasons: FINDINGS 1. Public property and public rights-of-way are valuable public assets and local authorities are entitled to ensure that the public is benefitted,compensated,protected and able to access and - share in the use of any Emerging Communications Services that makes use of those public rights-of-way by a private for-profit provider. 2. There is a wide range of persons seeking to use public property and the public rights-of-way to deliver video, voice and data services and all such persons should be treated similarly by State and Local authorities. 3. Existing state statutes do not adequately address these Emerging Communications Services. 4. Local Authorities are well equipped to analyze the implement the needs and interests of the local citizen/consumer,and protect taxpayers'investment in public property and public rights- of- way. CONCLi1SION The City concludes that Local Authorities must have the authority to require Emerging Communications Services utilizing public property and public rights-of-way to: 37 1. Obtain permits and comply with minimum state standards and existing local standards for use of public property and public rights-of-way. 2. Prohibit redlining and uphold nondiscrimination standards. 3. Oversee the design of local communications infrastructure to ensure the meeting of community needs which includes ensuring that a portion of the public capacity being delivered on city, county and school district specific basis as determined by local authorities. 4. Allow local authorities to receive compensation for use of public property and public rights-of- way. The City further concludes that existing local authority must be implemented with local permitting authority which: 1. Enforce compliance with financial, technical, legal and connectivity standards. 2. Authorizes local collection of fees to compensate local authorities for both the use of and decrease in the value of public property and public rights-of-way as a result of the construction of and occupancy by Emerging Communications Services. 3. Assures delivery of Emerging Communications Services to local authorities and school districts. Motion made by: CITY OF EAGAN CITY COUNCIL Seconded by: Those in favor: Its Mayor Those against: Attest: Its Clerk Dated: CERTIFICATION I, EJ. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan,Dakota County, Minnesota,in a regular meeting thereof assembled this 21st day of March, 1995. EJ. VanOverbeke, City Clerk City of Eagan 3 • • SUMMARY OF THE MINNESOTA EMERGING COMMUNICATIONS ACT OF 1995 • L WHY WE NEED NEW CO TNICATIONS LEGISLATION • Minnesota communications policy has evolved over this century in direct response to rapidly changing advances in the communications industry. Current Minnesota statutes which govern communications services have traditionally been associated with providers, as well as services. Statute section 237 is associated with telephone companies and 'plain old telephone service' ("POTS") and section 238 is associated with cable companies and 'plain old cable service" ('POCS'). As new services and technologies have rapidly developed, traditional providers of either telephone or cable service now have the ability to offer the services of the other. Moreover, telephone and cable providers are now offering services which are not POTS or POCS. • New legislation is needed because of the new services which we refer to as . "emerging communications services" provided by cable operators, telephone companies and other companies. When telephone service and cable service were new to Minnesota, appropriate legislation was enacted to regulate each of those services. Now that we have emerging communications services, we need a new statute section to encourage the development of emerging communications services throughout the state, to assure the continued regulation of current services and to protect the investment already made by the public in current communications services. • New legislation will address all providers of emerging communications services who utilize public property and public rights-of-way to construct, operate, maintain, offer or deliver such services. II. WHAT THE LEGISLATION SAYS A. OVERVIEW • Creates a new statute Minn. Stat. I 237A, which will regulate emerging communications services. • Applies only to services which are not regulated as 'POTS" or 'POCS" under Minnesota Statutes sections 237 and 238 (both amended to clearly delete all but "POTS" and "POCS"). The services governed by the new statute section are called "emerging communications services." 775539 • I • • Requires Minnesota Public Utilities Commission ("PUC") to promulgate uniform statewide standards and regulations to accomplish the intent and policy of the Act. • Allows municipalities, which are referred to as 'local authorities,' to require and issue permits from providers of emerging communications services requiring them to comply with statewide minimum standards and local requirements. • Instructs local authorities to enforce PUC established construction and safety standards, and customer service and technical standards. • Grants a local authority the right to require a provider of emerging communications services to serve the entire municipality and prohibit "redlining" and/or 'cherry picking.' • Permits local authorities to obtain compensation for the use of public property or public rights-of-way and to recover regulatory/permitting costs. . • Allows local authorities to require the reservation of space/use on emerging communications services for public use. • Gives local authority the right to reserve 'public space" on emerging community services. B. AUTHORITY FOR USE OF RIGHT-OF-WAY TO PROVIDE EMERGING COMMUNICATIONS SERVICES 1. Permitting authority. • Allows local authorities to obtain a permit from all persons using public property or public rights-of-way for the purpose of constructing, operating, maintaining, offering or delivering any emerging communications services. • Allows a local authority to act pursuant to its own authority or with other political subdivisions. • Grants a local authority the right to collect reasonable permit fees to recoup the costs of regulation including expenses associated with monitoring of permit compliance, costs associated with enforcement of PUC regulations and any 375539 • 2 - 1 • . . diminution of value of public property or public rights-of-way which result from permitting. 2. Compensation for use of public property and public rights-of-way. • Pennits a local authority to collect compensation of up to S percent of the gross revenues derived directly or indirectly from the delivery of emerging communications services to subscribers in the local authority's area. . 3. Public Space. • Allows a local authority to require the reservation of up to 10 percent of the emerging communications services as public space for public use. • States that the reserved public space must be equivalent to the highest technical quality of the remaining capacity of the affected communications network. • Creates a group of"eligible entities" including: government, educational institutions, libraries, access non-profits. 4. PUC responsibilities. • Requires that the PUC promulgate uniform state-wide standards to: - standardize the permitting procedure used by local authorities and ensure uniformity throughout the State of Minnesota; - attain universality and interconnection between providers of emerging communications services; - provide uniform minimum construction and safety standards; - provide uniform minimum technical standards and customer service standards; 375539 - • 3 - 4( . - - require providers of emerging communications services to have the capability to deliver services to identified discrete communities within local authorities, school districts and county boundaries; - prohibit 'redlining' or "cherry picking' and failure to provide service to certain subscribers; and • - require providers to file written documentation (e.g. location maps) with the PUC regarding the location of wires, conduits or other equipment necessary for constructing, operating, maintaining, offering or delivering emerging communications services. • Allows the PUC to collect .5% of the gross revenues derived directly or indirectly from the delivery of emerging communications services to subscribers in a local authority's area to offset the cost of providing regulation. • 373539 -4 - 4c2N Agenda Information Memo March 21,1995 RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING, (NORTH NICOLS RD- STREET RECONSTRUCTION), J. Project 681,Receive Feasibility Report/Order Public Hearing(N.Nicola Road-Street Reconstruction) -The recently approved 1995-99 CIP for the City of Eagan identified the need to reconstruct that portion of Nicols Road from Silver Bell Road north to the Minnesota River Valley Sioux Line Railroad during 1995. The remaining portion of Nicols Road to the Cedar Freeway Bridge over the river is being reconstructed by the Metropolitan Council of Wastewater Services (MCWS)during 1995 as a part of the restoration of the Bloomington Sewer Syphon crossing to the Seneca Wastewater Treatment Plant. It would be feasible to reconstruct the remaining portion of Nicols Road to Silver Bell Road to provide a continuous reconstructed local City street. Correspondingly, City staff has completed the preparation of a feasibility report which will be distributed to the City Council at the meeting Tuesday evening for their information and consideration of scheduling a public hearing to formally present this proposed improvement to all affected property owners. ACTION TO BE CONSIDERED: To receive the feasibility report for Project 681 (North Nicols Road-Street Reconstruction)and schedule a public hearing to be held on April 18, 1995. RECEIVE FEASIBILITY REPT/ORDER PUBLIC HEARING (WESCOTT SOUARE RECONSTRUCTION) K. Project 664,Receive Feasibility Report/Order Public Hearing(Wescott Square-Street Reconstruction) -In accordance with the recently approved 1995-99 5-Year CIP,the streets within the Wescott Square development have been identified for reconstruction during 1995. The feasibility report discussing this proposed project is being forwarded to the City Council under separate cover for their information in consideration of scheduling a public hearing to formally present and discuss these improvements. A portion of this project will be financed through a Community Development Block Grant(CDBG)contribution as previously approved by Council consideration. ACTION TO BE CONSIDERED:To receive the feasibility report ibr Project 664(Wescott Square -Street Reconstruction)and schedule a public hearing to beheld on April 18, 1995. 3 Agenda Information Memo March 21, 1995 RECEIVE FINAL ASSMT R,QLL/ORDER PUBLIC HEARING (SIBLEY TERMINAL INDUSTRIAL PARK) L. Project 661R,Receive Final Assessment RoWOrder Public Hearing(Sibley Terminal Industrial Park - Yankee Doodle Road Overlay) -The above-referenced project has been completed, all costs tabulated and the final assessment roll prepared identifying the final cost allocation associated with this public improvement which was performed in the Fall of 1994. With the completion of this final assessmennroll, it is being presented to the City Council for their consideration of scheduling a public hearing to formally present the information to all affected property owners at a public hearing scheduled for April 18, 1995. ACTION TO BE CONSIDERED: To receive the final assessment roll for Project 661R(Sibley Terminal Industrial Park-Yankee Doodle Road Overlay)and schedule a public hearing to be held on April 18, 1995. RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING, gBLACKHAWK HILLS ADDITION-ST RECONSTRUCTION M. Project 645, Receive Feasibility Report/Order Public Hearing (Blackhawk Hills Addition-Street Reconstruction)-In accordance with the recently adopted 5-Year CIP(1995-99), the local residential streets within the Blackhawk Hills Addition have been identified for rehabilitation/reconstruction during 1995. The feasibility report discussing these proposed improvements will be distributed to the City Council at the meeting on Tuesday evening for their information and consideration of scheduling a public hearing to formally present and discuss these proposed improvements. ACTION TO BE CONSIDERED: To receive the feasibility report for Project 645 (Blackhawk Hills Addition-Street Reconstruction)and schedule a public hearing to be held on April 18, 1995. L.{- L\ Agenda Information Memo Mardi 21,1995 RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING, jLONE OAK RD/LEXINGTON AVE) N. Project 601A, Receive Final Assessment Roll/Order Public Hearing (Lone Oak/Lexington Avenue-Intersection Improvement& Signalization)-With the completion of the intersection reconstruction and signalization of Lexington Avenue and Lone Oak Road,all costs have been tabulated and the final assessment roll prepared allocating the costs associated with this project. This final assessment roll is now being presented to the City Council for their consideration of scheduling a public bearing to formally present the final costs to all affected property owners and subsequently its certification to Dakota County. ACTION TO BE CONSIDERED:To receive the final assessment roll for Project 601A(Lone Oak Road/Lexington Avenue-Intersection&Signalization Improvements)and schedule a public hearing to be held on May 2, 1995. APPROVE SHANGE ORDER#2, (ODD ROAD-STREET RECONSTRUCTION) O. Contract 94-05,Approve Change Order#2(Dodd Road-Street Reconstruction)—There are two parts to this contract Change Order. Part A provides for a reimbursement to the contractor for costs incurred to perform the reconstruction of Dodd Road under traffic conditions. The contract specifications provided for a specific pay item that was inadvertently omitted from the bid tabulation. Subsequently,reimbursement is being handled through this Change Order based on a tabulation of invoices of actual costs incurred. (Add S11,500). Part B provides for the deletion of the proposed"laydown tape"pavement marking and center line striping and substituting the traditional pavement painting. Previous experience with the laydown tape shows that it does not have the life expectancy to justify the cost due to winter snow and ice control operations. (Delete$42,576.10). The net affect of this Change Order is a reduction of$31,076.10 to the contract costs(4.33%). ACTION TO BE CONSIDERED: Approve Change Order#2 to Contract 94-05 (Dodd Road- Street Reconstruction)and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo March 21, 1995 Eagan City Council Meeting RUNWAY 4/22 EXTENSION P. Recommendation,Airport Relations Commission,Runway 4/22 Position--At its meeting of March 14, 1995, the Airport Relations Commission discussed the MAC decision to proceed with the extension of Runway 4/22, despite the City's previously stated opposition to the project. In the aftermath of the decision, the cities of Richfield and Bloomington have indicated the intention to pursue a lawsuit to block the redistribution of air traffic from South Minneapolis to areas southwest of the airport. The commission is requesting authorization for staff to contact those cities and explore both the purposes for the lawsuit and the costs anticipated to pursue it for further consideration by the City of Eagan. The commission is not recommending that the City join the suit at this time but is requesting Council,authorization for fact finding and further discussion of the possibility. Enclosed on page 141 is a memorandum from staff regarding this recommendation. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize staff to explore the purposes and cost of the Richfield/Bloomington lawsuit concerning the extension of Runway 4/22. L • PiR MEMO ___city of eagan TO: - CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MARCH 15, 1995 SUBJECT: AIRPORT RELATIONS COMMISSION RECOMMENDATION CITY POSITION ON RUNWAY 4/22 EXTENSION The City has previously taken a position opposing the extension of the cross wind runway, Runway 4/22. The City based its findings on the $50 million cost of the extension which was considered to be excessive prior to the conclusion of the Dual Track Study and the proposed use of the runway to fan aircraft to new headings which is likely to increase the noise exposure in west and south Eagan. On February 21, the MAC voted to approve the extension of the runway. Their reasons were to provide capacity to shift traffic from south Minneapolis to Bloomington and Richfield, to have an 11,000 foot runway for the heaviest international flights and to have a second long runway for use while each of the parallels is being rebuilt over the next several years. Following the approval,the Cities of Richfield and Bloomington announced their intention to pursue a lawsuit to attempt to block the shifting of traffic to the southwest. Because these operations will also have consequences for west and south Eagan, the Airport Relations Commission, at its meeting of March 14, recommended that the City of Eagan explore the potential costs of the proposed litigation and whether common interests could be served between Eagan and the litigants if the City were to join the lawsuit. The Commission is not recommending that the City join the suit at this point, but that additional information be gathered on the costs and benefits. The Commission is asking Council sanction for this fact finding to insure that staff is not discussing this issue without the Council's consent. ACTION REQUESTED OF THE CITY COUNCIL: To authorize staff to explore the purposes and costs of the Richfield-Bloomington lawsuit concerning the extension of Runway 4/22. 1-kr( Agenda Information Memo March 21,1995 APPROVE FINAL PAYMENT.DODD ROAD (ST REcONSTRVCTIONI Q. Contract 94-05,Approve Final Payment,Dodd Road(Street Reconstruction) -The City has received a request for final payment for the above-referenced contract which provided for the reconstruction of Dodd Road from Cliff to Diffley Road. All inspections have been performed by representatives of the Public Works Department and the project has been found to be in compliance with the City approved plans and specifications. Subsequently,it would be in order for the Council to authorize the final payment and accept the project for perpetual maintenance subject to appropriate warranty provisions. ACTION TO BE CONSIDERED: To approve the fifth and final payment for Contract 94-05 (Dodd Road-Street Reconstruction)in the amount of$101,099.39 to McNamara Contracting and accept the project for perpetual maintenance subject to warranty provisions. Agenda Information Memo March 21, 1995, City Council Meeting PROCLAMATION/MEDICAL LABORATORY WEEK R. Proclamation/Medical Laboratory Week—Fairview Clinic Services requested the Ci to proclam April 16-22, 1995 as Medical Laboratory Week. Attached on pages _: , through <.c)- is their request and the proclamation. REQUESTED ACTION: Approve the proclamation as presented. • • LV)\ rview 2312 South Sixth Street Hospital and Healthcare Services Minneapolis MN 55454 612-371.6300 Telex II 9105'61505 FairrfewMps Fax 612.371.6303 CD . L� W@MOW IT I3 March 1995 _ 1 - • Mayor Tom Egan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Egan: The American Society of Clinical Pathologists (ASCP), in cooperation with other medical organizations and almost 40,000 laboratories across the country, is celebrating Medical Laboratory Week, April 16-22, 1995. The theme is "The Lab Professional: A Key Member of Your Health Care Team," which notes the vital role that medical laboratory professionals play in the health care field. These highly trained professionals are the key to early detection, appropriate diagnosis and cost-effective treatment of disease--a major goal of health care reform proposals. Medual laboratory personnel constitute the largest segment of the allied health field. However, they are rarely seen by patients and their vital work is not understood by the public. We hope to increase awareness and recognition of medical laboratory personnel by featuring our profession in public displays and exhibits and pursuing extensive publicity during Medical Laboratory Week, April 16-22, 1995. Please help us in our efforts by officially recognizing Medical Laboratory Week in Eagan. Enclosed is a sample proclamation for your consideration. Your endorsement of this important event would be applauded by the 285 laboratory professionals who work in the Fairview Laboratory System and by the more than 265,000 laboratory professionals across the country. One of the Fairview Laboratory sites is located at Eagan Medical Associates. • 60 For additional information, please contact me at Fairview Clinic Services, 885-6189, between 8:00 a.m. - 5:00 p.m. Thank you very much for your concerns about health care and the contributions of medical laboratory professionals. Sincerely, Rick Panning Administrative Director, Integrated Laboratory Services enclosures • ( • CITY OF EAGAN PROCLAMATION MEDICAL LABORATORY WEEK APRIL 16-22, 1995 WHEREAS, there are more than 265,000 laboratory personnel, including pathologists, medical technologists, medical laboratory scientists, and technicians, at work in almost 40,000 hospitals and independent laboratories in the United States,and there are more than 285 laboratory professionals who work in the Fairview Laboratory system; and WHEREAS,these highly trained and dedicated health professionals make an invaluable contribution to quality health care and save countless lives each day by providing reliable laboratory test results required for the prevention, detection, diagnosis, and treatment of disease; and WHEREAS,laboratory medicine is an honorable profession which should be recognized by all individuals as vital to the high standards of health care enjoyed in the United States. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Eagan proclaims April 16-22, 1995, as Medical Laboratory Week in Eagan, MN. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor. Those against Dated: Agenda Information Memo March 21,1995 PEERWOOD TOWNHOMES r uTILITIESI A. Project 682,Deerwood Townhomes(Ut ).-On February 21,the City Council received the ibuitility report for the installation of utilities to service the proposed , • , • 4 additi9n and scheduled a public hearing to be held on March 21. Enclosed on pages through,7 is a oaw ofthe br,ity r lest providing Maculation regarding this proposed . lic improvement. All uoticei have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. In addition,on February 28, 1995,a n informational ieigbborhood meeting was held at City Halt Only one affected property owner showed up,Mr.Earl Does. there have been several additional informal meetings with Mr. Dodging to address and respond to his concerns associated with this project which mainly pertain to the resulting special assessmen4., ACTION TO BE CONSIDERED: To close the public hearing and approve/deny Project 682 (Deerwood Townhomet-Unities)and,if approved,authorize the preparation of detailed plans and dons. • • 0 • . % • . • • • $ * * * • 4 4 • 4 * 11, • * * 4, • 4. • 4 * * 4 4 4, * a . a • •• 0 * * • 4 4 . '1" # • 4 • '• • ft • 441 • CltV eacien Report for Deerwood Townhomes Sanitary Sewer and Water Main Extensions City Project No. 682 Eagan, Minnesota January 1995 •4: File No. 49562 lili sariostroe fi Room* • Andsrllk Atecciates Ingiasera a Arolotteells it.Pod iflonsotta • t aMpJM04 Resent MOM am&Mate&wee an Allama t Ao.MVa tat d.Muamilr aaptityce Bonestroo �»a l.11.Nree.R[. A.Safilect RA. taratst ok U. Rory O.Ikn1.RN.RE. �r�p AMI.R M AMNn..R!.• NAM A.O...Mt.U. JM..t.L lAINOR.RI. bMn R.Gage.R!. �sefer Am.C M/u1R.RI. mom IL www .W.RE. Any O.PIMA"M• Apt R.wae.Rt. II.NN L.*wow R!. wawa how R!. Mark J.1~11 R!. Ilmes J.hursh.R!. Andean( Akllgy, OIL *MR O.am.At kMtJ. RL VW" AutNI1u..JI. OAR L It IslIs*t AtIM.t.MA RMMNIh R WON"M. CNRI.Otkdn At Associates Mow..!.N.$PSL R!. Ju.y J►awttaMt.RR. tMN L Wt.U. hurl i New RE. R woo*M $10114, IMM " R! to R OM*R! IYIIJU'teti sitsRri.C.RJL 'Maw%I1. .n.*1. Riiy et AWAre.A!. Ow 0.a,eN.RL Engineers&Architects • .0 V•R.NM.IL Purr J.«Nook ALA. Jay atami.U. .11R0.,I.Mar..l.AAA. Genii J.illomen.RL 4a.M.Mom R4. OMOkI C.liarm.RI. A.AIN WIN"N. ann.A seam February 17, 1995 11MMk.t A R!. /IrNV J.ieIMM.RL w.i. r Meork J.JIM1AUL RI. ark O.MM.RI. IOW*Clam • INMI UPIY1N.RL t1111N L ARM RI. MM M Obi City of Eagan MAW R RM.RL L IIIMO Ai1.rM RL aims R!.la.wat WAWA PeNni.R!. trait L I11M11M1.RL 3830 Pilot Knob Rd. Eagan,MN 55122 Re: Deerwood Townhomes Sanitary Sewer&Water Main Extensions Project No. 682 • Our File No.49562 Dear Mayor and Council: _ Attached is our report for the Deerwood Townhomes Sanitary Sewer ind Wtiain moons. The proposed utility extensions are presented and discussed within the repon,a1nng with detailed cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interestedlea at a mutually convenient time to discuss the report. Yours very truly, BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. Mark A.Hanson MAH:pr Enc. I herebytkistitYthitthiatepert by me or mytAvectoperviokon .ate L iiii8 a duly RaeateriCyfea$020 Eggineer.gaidar oebays of ale StilePrghlael* - 141.4 , tif - - - - , ,-;fir a!►•.� Date: relmuary 17-1995 Reg.No 14260 Reviewed • L.r s #. r/�4 Department 77'1.li Works Reviewed by: _��...'a.,��.�� • f e: Z L/ 14( IR • « Department t 2333 West Highway 36 a St. Paul. M `� 1 • 612-6344600 I. • DURWOOD TOWNHOMES • ° 34-NITARY SEWER&WATER MAIN EXIZNSTONS EAGAN,MINNESOTA PROJECT NO. 682 TABLE OF bin LETTER OF TRANSMITTAL 1 TABLE OF CONTENTS • 2 SCOPE 3 FEASIBILITY AND RECOMMENDATIONS 3 DISCUSSION 3 SANITARY SEWER 3 WATER MAIN 4 SEWER AND WATER SERVICE 5 E4M*114%13 AND PERMITS 5 COST ESTIMATE 6 AREA TO BE INCLUDED 7 ASSESSMENTS 7 REVENUE SOURCES 8 PROJECT SCHEDULE 9 APPENDIX A-PRELIMINARY COST ESTIMATE 10 . APPENDIX B-PRELIMINARY ASSESSMENT ROLL 13 PRAIRE410.I 442C.A1142N ELAN FIGURENO.2 SANITARY SEWER EXTENSION FIGURE NO 3 ASANVAILY SEWER SERVICE AREA FIGURE NO.4-WATER MAIN 1 " ION FIGURE M.5 SANWA'SEWER AssEssmENT FIGURE NO.t--IvAFER.MAIN ASSESSMENT to' • : . REPORT FOR DEERWOOISTOWNHOMES SANITARYSEWER&WATER MAIN EXTENSIONS EAGAN,MINNESOTA _ PROJECT NO.682 ACME This project provides for the.extursion of unitary sewer and water main to serve Deerwood Townhomes and the undeveloped lantalong the south side of Deerwood rhive immediately east of I-35E and west of Blackhawk,bikidIc School, Deerwood Towniromes amulti-JbmilY development located on the north side of Deerwood Drive immediately east of1-3iE,as shown on Figure No. 1 located at the back of this report Deerwood Townhomes includes 36 units served by a looped private street connected to Deerwood Drive. The trunk water main construction proposed tm the south side of Dearood Drive is required to serve not only Deerwood Townhomes,but also the proposed Deerwood Reservoir-Project 678. The trunk water main ProMed!Min will complete one Of the last tercaining Mu*wider Pain*Ps identified in the Eagan Water DiStriln0031 sotto,. Deerwood Reservoir is presently proposed to be constructed in the 1995-1996 amstruction season and is expected to be in service July 1996. IMAIOUIXIMAND.RECOMENIMXIONS The project is feasible from an engineeting standPoint and is in accordance with the objectives ... established in Eagan's Comprehensive Sanitary Se and Water Plans. The project can best be carried,on as one connitct. 21501811103 Senitealmaier Sanitary sewer proposed herein is designettoorveDeerwood TOV4thOM413 and the undeveloped land(Parcel 013-50)west of Blackhewk?tad*School and east of I-35E,an shown on Figure Nos. 2 and 3 located at the back of this report, The 8"sanitary sewer is proposed to beconstructed on the 57(?:' • north side of Deerwood Drive apprudmately 151e20r north of the existing north curb line. The existing bituminous trail oat thew*side:cot Deetwoort Driviwill be removed and reconsuvcted as part of disproject TMs niWy sower is sj.so proposed to be ed-so tth muss Deerwood Drive opposite Deerwood Towuhomes and westerly iy 530'on the south side of Deerwood Drive to serve Parcel 013-50. It is proposed to opc cut so Pitch Deerwood Drive. The 8"unitary sewer will connect to an existing unitary sewer manhole locate on the north side of Deerwood Drive constructed as part.of the Sherwood Downs Addition. The existing sanitary sewer in County Road No.30(Diffiy Road)at Johnny Cake Ridge Road was also reviewed to vet►it can serve thilimaining land between Deerwood Drive and County Road No.30 that cstot be served by the sewer proposed as put of this'project. The undeveloped land between DeenVcod Drive wind County Roast No.30 east of 1-3$E nett be ierved by either the sewer in'Detrabod Drive or County Road ■to.30. Figure No.3 slows the sanitary se vier service area. Natiellata Water main proposed herein is shown on Figure No.4 located at the back of this report. The 18" clisuatter trunk water men is proposed to be located on the south Side ofDterwood Drive. One location proposes to construct the 18" trunk water main beneath the exiting concrete sidewalk, -- wlfl tequiie its re vat and teplacenient. An alternAte melon is prro)osed to mistral the 18" hunk water maih approidmalely 10' south of the existing power pies,*Web will warrant additional easement west of the pry sanitery sir. It is recommended the trunk water main _ be constructed 10'south of the existing power poles,provided the existing gas mein does not conflict with the water mein construction and the cost fliessemehts bi less ibeit the Sidewalk reConatruction. For purposes of this report, the cost esdmate assumes the sidewalk will be removed and reconeuutwed. The r Sf-way Ike this s°Mee:atood Dthe acqtdred by IvinDOT apart off-35E. The proposed water main*mild be located completelivridin Deervittod Drive r =of- way and will connect to the existing 18"trunk water mains shown ualltuit No.4.`Preliminary bons with MuDOT have indicated they don't anticipate difficulties ducting the water main as proposed. The 18"trunk wrater main is I 35E would be placed in an Waft 200' 30" . -- _ diameter steel cuing constructed as part of I-35E. The 30" diameter cuing was constructed in anticipation of the 18"trunk water main being constructed as part of this project. ICs also'proposed tO construct the 24"diatieter trunk water main to servrelheDeerarood Reservoir site. Presently, minus locations are being reviataed as part Of the Deerwood Reservoir project (Project No. . This project as the 24"trunk Water maiia wbi betonatnicted lately • 4 : • met of the eMrerI7,rigbr-of-rvay line for1-35f,sathown on,irtgwe.144.44A 16 tilisnater water main stub is proposed to be ccestruCtedge*AtheArtriinkwitermaiitcliposittitheyesterly street connection from Deerwood Townhomes to Deerwood Drive. Ultimately,this 16"diameter tnmk water main will be constructed south to County Road No.30 when the land develops,as shown on Figure No.4., • r ,Tisee hydrinittatitproposed tote constniebidfrbin the Hi'tititic main. All velVetterger than 12" are proposed to be butterfly valves. Valves 12" and smaller are proposed to be:gate valves. Deerwood Drive is located in the intermedimepressure roes and is expected to eiperbasee residual and static pressures of 55 and 65 pods per aquare inchlpsr),respectively. , fierszAidZglgagryietr Sanitary styles,services(41'&Meter)are privoSed to be It:kg:Mid 20'north of the Sewer to serve the three existing homes eavReerfood Ttnvithenest(P*c*QU'Q7,01040,14:**OW)on the north side of Deerwood Drive. The easterly two homes(Parcels 011-07 and 010-08)presauly have wain service,which was aritstn*tett in i986 at pate& Diterivitod`Drive Pe Ió. 455). Themfore,it is proposed to push a 1"diameter water service beneath Deerwood Ditvi'to serve the remaining home(Parcel 020-08)not served by water immediately east of Deerwood Townhomes. Two 6"diameter water services are proposed to be extended south across Deerwood_Dtivc from the 1r simk main to serve Deerwood Townhomes. The 6"water services will lotttititlippOitite the street connections to Deerwood Drive. Deerwood Drive is proposed to be open cut to constrict each oft dliMater Water tierviceit Deer*Orid towitix;intis.' T- The sanitary sewer extens,along the north side of DeamrdpirbleNt of Deerwood Townhomes will esquire'ppm' 'anfOtab■i 10'wide utility easemeit and 215"yftrAelewary construction element from the three implattedPsicels(Parcels 011-07,010411000,0*(4)t, pa sanitary sewer extension along the south Side'otpeerwood Drive will Nip*,ApprozbadOng wide utility easement and a 20'wide temporal)'Øva,nt from Parc?!011340. 1t) 0041mM easement will also be requked for the tnmk wirer main constructiOn wait of tbe sanitary sewer construction,assuming the trunk water main is constructed south of the power line. Additional easement will also be required to construct the 24" trunk main to the Deerwood Reservoir. The acquisition of the Deerwood Reservoir site and access to the site will be discussed as part of the report for that project(Project 678). Listed below are the estimated square footage of easement,assuming the trunk water main is . . • • -„essmalcted *ugh of'the*** NM. The esdmmed Meg $0:65/lia. ft, for permanent meementand10/05/1411gorteriporary Miliemeht. " Sanitary Sewer Water Main Parcel Permanent Temporary Permanent Temporary Estimated 11.14001,,„, , ...aguAst. swan Beggiotbat -MOO' - 6,600 $2,600 Parce1010-08 , , ,. 4400 -9,200 3,600 Patel 020.08 1,320 2,640 • 1,000 Parcel 013-50 m —I= —LUX „, w 1.1,o 42,100 Teal 33,070 31,690 • EitiaMeedrait P1,500 *2,06 $23,400 $2,340 $49,300 iiseinert ofl1 ,atittostwociit ReserVoir4re. Poslitf'FP;Risked frommapar,MPC4,lvICWS,and 14110-foramubwreewer and water main • C9,16111,1090i1"" ‘1- A*dl1ed cost *Aimee is preliented'isi Appendx: 4 100104 fg,Ole hadc„4.040,smostand Is sammedsed below. The total eatiMated project cost, Including easement, is $545,330, which includes 5% contingemies and 30% for indirect costa. Italitea,eeettlethale atItainiattati vet, engineering,interest,and legal expenses. Sinhart $161,050 WilerMhin' - 341,60 11,930 411() _ . atithislettProjbet Coat &SA* 6a00 6 Reviled TQ BE INCI,UDI D • Parcel 010-08 Passel 010.29 Pared 011-07 Pa * 020-08 Parcel 014-50(Dee':wood Town homes) • Parcel 013-25(Deerwood Townhoznes) Peel 013-50 Parcel 013-28 Paroe1012-50 Assessments are proposed to be levied against the benefitted property in accordance with Bagan's assessment policy for utility work. The assessment may be spread over a 15-year period,while the interest rate will be determined at the time of the assessment hearing. For,urposes of this report, the proposed parcel split for Parcel 013-50(1-5 acre, 1-26.8 acre)is shown for illustration and is not intended to imply the parcel split has been approved. $anitary Sewer Sanitary sewer propel herein is lateral. Therefore, it is proposed toiliallea$ its to the benefitted area on an area basis as shown on Figure No. 5. Deerwood School Addition and Deerwood School 2nd Addition on the south side of Deerwood Drive are served by and have been assessed for sanitary sewer. Trunk sanitary sewer has previously been assessed to this area. However,the property on the vacated right-of-way for Deerwood Tower has not. Therefore, his assumed the trunk area assessment for sanitary sewer to DeerwormiTtriVidrangs hi eel as part of the developer's agreement. Parcel 011-07 was previously assessed a con tactual charge boudoir 100 F.F.in 1993. Therefore,it is proposed to credit Parcel 011-07 its hand sanitary sewer . assessment$1,920,which is based on$19.201FF.in accordance with the 1995 Fee Schack&Rate. Water brain Waloemein proposed herein is trunk. Therefore,it is proposed to assess the trunk water main along Deerwood Drive on a front foot basis in accordance with Eagan's 1995 Utility Fee Schedule for latandbemeft from tam k water main. Trunk area water main is prop:wile be assessed to those �/� 7-Revi • wads not previously assessed. It is assumed trunk area assessment fir water Main to Deerwood Townhomes will be accomplished as part of the developer's agreement. It should be ist)'fed?melt 011-07 and 010-08 do not abut the trunk water main construction proposed herein. However,as part of Project 455, they were assessed a portion of their trunk mea water(1 acre)and hated benefit from trunk (100 F.P.). Ws not proposed as part of this project to assess the hedger. of their assessment for trunk area Cr lateral benefit from trunk. Ws assumed their assessment balance will be colkicted when they develop further. Although Deerwood School 2nd Addition and Parcels 010- 08,013-28,and 012-50 have access to water,in accordance With Bagmes Asiiesstaiit Policy,it is required their remaining front footage not previously assessed be assessed to Mtitify looping requirements for fire protection. $ever and Water Service Sewer and water service are proposed to be assessed to the benefitting property they serve based on the cost of the service: MI/0=SOURM Project _ Sada_ tiandit Ueda Sanitary Sewer Lateral $161,050 Easement 23,560 Lamed.Assessment= , AMMO Subtotal $184,610 $182,690 -5 1;920. - d* Tru $321,050 Easement „ 25,740 Imo Benefq frw'rsisnic $78,818 Trak Ama Stibtoid lw.790 Fra.2,5 6 -$174,534 Anita ' Lateral $13,930 Lateral Assessment S13.930 Subtotal $13,930 $13,930 Total 4116,454 The esdmated pn*ict deficit's $176,454, which will be the responsibility of the teak saudtery sewer and water main fund. -Revised • • PROJECT CO 1LF. Present Feasibility Report . February 21, 1995 Pubic Hearing March 21, 1995 Approve Plans and Specfflcstioi s May 1995 Open Bids I Receive E I Award Contract June 1995 Substantial Completion September 1995 Complete Construction October 1995 Amassment Hearing October 1995 First Payment Due with Real Estate Taxes April 1996 9 • APPENDIX A PRELIMINARY COST ESTIMATE DEERWOOD TOWNHOMES SANITARY SEWER&WATER MAIN.EE 'MONS PROJECT NO.682 L IMNITARYIEEER 480 1$ 8"PVC,0'-15'deep @ 830.00 If S 14,400 280 LF 8"PVC, 15'-20'deep @$35.00/1f 9,800 $90 LF 8"PVC,20'-25'deep S40.00/if 35,600 7 EA Std 4'dia.MH w/cstg(off$1,100.00 ea 7,700 110 LF MH depth greater than 8'deep(41$80.00/If 8,800 35 LF 8'outside drop @$100.00/If 3,500 1 EA Connect to existing ME(4$800.00 ea 800 3 EA 8"x 4"wye @ S80.00/If 240 500 LF Improved pipe foundation(@$2.00/If 1,000 1,650 12 Mechanical tench compaction @$1.00/If 1,650 • Lump Sum Clear&grub,transplant tees(4$1,000.00 1,000 1,350 SY Remove bituminous pavement(tail,street)@ S2.00/sy 2,700 660 TN Class 5 aggregate base @$8.00/tn 5,280 8,540 SF 2"bituminous walk @$0.50/sf 4,270 260 SY Bituminous base course(street patch)(4 510.00/sy 2,600 260 SY Bituminous weer course(street patch)@$10.00/sy 2,600 50 GL Bituminous material for tack @ S2.00/g1 100 80 LF Remove/repair concrete curb @$13.00/If 1,040 3 EA Driveway repair 40$500.00 ea 1,500 300 CY Topsoil borrow @$8.00/cy 2,400 3,500 SY Sodding @$2.00/sy 7,000 Lump Sum Traffic control @$2,000.00 2,000 Lump Sum Erosion cceitrol(4$2,000.00 Subtotal $117,980 +5%Contingency Subtotal $123,880 +30%Indirect Cost 37.170 Total $161,050 (QLçI'° 2 II. WATER MAIN 700 LF 24"DIP water main @ 850.00/1f S 35,000 2,950 LF 18"DIP water main @$40.00J1f 118,000 210 LF 18"DIP water main in existing 30"casing @$35.00/1f 7,350 30 LF 16"DIP water main @$38.00/If 1,140 30 LF 6"DIP water main(hydrant lead)@ S20.00/1f. 600 1 EA 24"butterfly valve and box as 83,500.00 an 3,500 4 EA 18"butterfly valve and box @ 82,200.00 ea 8,800 1 EA 16"butterfly value and box @$1,500.00 an 1,500 3 EA 6"gate valve&box @ 8400.00 an 1,200 3 EA Hydrant @$1,300.00/1f 3,900 2 EA Connect to existing 18"DIP @ S500.00 an 1,000 15,000 LB Fittings @ 51.50/Ib 22,500 3,710 LF Mechanical trench compaction @$1.0011f 3,710 8,500 SF Remove/repair concrete sidewalk @$3.00/sf 25,500 Lump Sum Traffic control @ 81,000.00 1,000 Lump Sum Erosion control @ 5500.00 500.00 Subtotal $235,200 +5%Contingency _ 11.760 Subtotal $246,960 +30%Indirect Cost 74.090, Total 5321,050 EL SEWER AND WATER SERVICE . • 1 EA Parcel 011-07 sewer service(4")@ 8400.00 an S 400 1 EA Parcel 010-08 sewer service(4")0$400.00 as 400 1 EA Parcel 020-08 sewer service(4")0$400.00 as 400 1 EA Parcel 020-08 water service(1")0$2,000 an 2,000 2 EA Deerwood Townhomes(Panels 010-50&013-25)water service(6")@$3,500.00 as Subtotal S10,200 +5%Contingency Subtotal $10,710 +30%Indirect Cost 3.220 Total S13,930 (Q("II • Sanitary Sewer x161,050 Water Main 321,050 Sewer and Water Service 13.930 TOTAL $496,030 (p 12 • • • APPENDIX B PRELIMINARY ASSESSMENT ROLL • DEERWOOD TOW,I! OMES SANITARY SEWER&WATER MAIN EXTENSIONS PROJECT NO.682 L SANITARY SEWS Pond Assess. Parcel Area Credit Street Area hale! Total nuaiRdan Liasti Maul Credit acad. Affel. Alm ,fiction 21 Parcel cel 011-07 3.6 --- 20% 2.9 $4,470 $12,9638 Parcel 010-08 7.3 0.9 20% 5.1 4,470 22,797 Parcel020-08 0.9 --- --. 0.9 4,490 4,023 Parcel 013-50 26.8 1.5 20% 20.2 4,470 90,294 Parcel 013-50 5.0 --- 20% 4.0 4,470 17,880 Deerwood Town- homes(Parcels 013-25,014-50) 8.2 -- 4,470 36.653, Total 41.3 $184,610 ► �t • Parcel 011'.87 was pre * as in 1993 for 200 F.F. at the tuna of erection. It's recormnande eel 011-07 assessment be reduced$1,920($12.903-$1,920 0'511,043). The assessed anreint in the summary($11,043)reflects the*lusted Wit. • Amount includes sanitary sewer($161,050)and sanitary sewer easement($23460). 4,1 ft=Devised iI. WATER MAIN • A. Lateral Benefit from Trunk Parcel Assemble Total Sin.21 Parcel 0100$ 150 $19.50") $2,925 Parcel 020-08 132 19.50 2,574 Parcel 013-50(26.8 ac) 1,I65 19.50 22,718 Parcel 013-50(5.0 ac) 600 19.50 11,700 Parcel 01250 550 19.30 10,723 Parcel 01348 268 19.50= 5,226 Dearwood Townhomes (Parcels 010-50,013-25) 900 25.50 . —22121 Total $78,818 m Race from 1995 Utility Pee Schedule($19.30 single family;$15.50 multi- pily) B. Trunk Area Pond Assess. Parcel Area Credit Street Area Ravel Total Limuizism Dismal Wind Cm& A c',ANNAL Panel 01049 1.9 - - 19 81,7 ) $ 3,306 Parcel 013-50 - 26,8 1.5 20% 20.2 1,740 35,148 Parcel 013-50 5.0 --- 20% 4.0 1,740 6,960 Parcel 013-28 "34.3} 27.6 1,740 48,024 Total $93,438 rn Rare from 1995 Utility Fee Schedule • 14-Revised M. SEWER AND WATER SERVICE Parcel Tsai Parcel 011-07 546 -- S 546 Parcel MO-08 546 -- 546 Parcel 020-08 546 2,730 3,276 Deerwood Townhomes (PaiveIs 010-50,013-25) — 9,555 9362 Total 313„930 15 APPENDIX B SUMMARY • PRELIMINARY AiSESSMENT ROLL DEERWOOD TOWNROMES SANITARY SEWER R WAIIIIR MAIN EXTENSIONS PROJECT NO.682 Lateral Parcel Sanitary Water Main Description AMU_ Laical Tn1G Scala Tel &W 11 Parcel 011-07 S 11,043 --- -- $ 546 $ 11,589 Parcel 010-08 22,797 3 2,925 --- 546 26,268 Parcel 020-08 4,023 2,574 -- 3,276 9,873 Parcel 013-50(26.8 ac) 90,294 22,718 $35,148 -- 148,160 Parce1013-50(5.0 ac) 17,880 1 1,700 6,960 --- 36,540 Parcel 013-28 -- 5,226 48,024 --- 53,250 Parcel 012-50 --- 10,725 -- --- 10,725 Parcel 010-29 3,306 -- 3,306 Deenvrood Townhornes (Parcels 013-25,014-50) 36.653 � _ __.6441,65 Total $182,690 $78,818 $93,438 $13,930 $368,876 m Amami includes$1,920 credit for previous assessment cio 16•Revised • V ` ~♦• -v t Ago 4. 4111041 am an : .:\ III ..0.7",ifir.Filis.-z . 3 VA 4/1411 • 1 41111 a.:: Mitill .. . r-lic- gra In Ow It 4.1-ftliii.mil 'Alma ; _ . i. rid'► 114104421,404,r . ',,f, '- . . 7 _ Ilr ,., a 101:40 I: b r= f • a ., gig `� ill x i a r ' ilk"Aottegvilikligiow •. rib!, AI, ' id ii:: I:Of 11611 ir ir‘Cf:a I air .40, rA, „4/p■ — i41i ., fs r . is■ im it' Isis visas .. . r ;tram� u Willi* �.4 lo :.i sink: ■nsi■ l4Il �; N a ■ ■ssss■ •'' 4 ,:, ■srlussss ., ,‘z$'�e lip:•- AMIN MEN sass NPi;f;IA:A!ANti1 1�1 �.. \\\X„�e'. Mill:y,�; tom. is ■ter rail. 1 , luaus ;i' w..% ,t. ma ,� 11111' si! . • stir thI■ L. ) ,_, , . , , -pap° EN , . in. \ � , 1. .....1.._, 74c •• �E =W4POD �: _ i misinurtsrm41111. Rilli she:. E .- y'�' ` , 7OWIt�HOk#ES • I /. •IM s# VIM .'.. . •; ak, RD Co. Rd. 30 1_11!_ k''' 1.. -° r.:t -,* -fi y mat �• ^t' > e • -,+ i LOCATION PLAN • eafroo ' Roston* EAGANI MINNESOTA FIGURE 1 DEER O•TOWNHOMES Associates CITY; PRO4ECT No. 682 r . L\41S4Q 49$12F03 AANLMRY 1995 COWL 495112 . - • •- • - . , _ . , . . • ,.• - .., %PE 1 , , . .... • d • 1 ati , ii • ": 1 li • le 1 ,1 . ; , IN % ' . in 1 1 ri 4 i 4 , ‘ . 4I 11 d -, !, . stitt. t4') .. 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II : 111111 U : • i iiiirtill • - , , .,„ i 1Ptt P w i - 111 • 416 • � 11P '.• ',► �► 4 !m Vial/ �� iir .. ��■ Iiilliii MC .0101111 • nig End Re Niltif 4%1.4$ 11111■ *`' �• 1 .r►'� ■� 11111 NW a aim -1 ham sum al A MINIM 11 11111 Ile st►�s ■IIIIiiuiii■ --i ,,,` . D 11111111111111 , 0. , • MIMI SOUNDARY 1 ::.,,9111111*. allTh!,. .21.4 piiolt,iiiiimit 1 0,1 ,, .......0.00,sw.-4, ] .-. : / op- , , i Sigt li, „... ...- ia. 4, V, ....ii, . ...... , . ..... .w...., 1 1 ../ • ---.... / -,...., \ 0., . ., ,i.,,„ , i .0... rifil \ ) 1 4.°16 0 r ,..- wasikili c'.-3\,k4 IIIIIIIIIIIII1 i/ , ; - „1-41 -, 11111111111 44 SERVICE ° OM IMMO AREA - :g ;; x.10. al!'" ri /7"\ . gis MB ;MIN =it- -z .../.....,‹ le NNW ROM 416 Ica A �...-...-...-...-...w«.-...-.PI ----------- . _ . 111-1......... ..rts•l'" "v.1"'"�� "+`.II# '� -...-... ...i... .. IIMPOP 2 ' If togro°41 ' -;;--,‘7,;:tzes. --k-i, IN" ink Ig,,,, . i i . .,,,..,„,. i- N —I SANITARY SEWER SERVICE AREA ponestroo Roaene EA At , MINNOOTA f FIGURE 3 Anderiik 1 DEER ,TQWNHOMES v: 3/t3/�s Associates CITY PROJECT No. 682 49552F99.006 JANUARY 1995 4"") )CQIh!M. p i , . 1 ., d • . 1� j` r / P "J ......m.... leralfr AV / IFF .0°..\''' 11111111111111/ / • • Alb W■ • , (''',, „ k .. - P< P9 `ED /- /� 010-00 IS 8' f °- '' • Ex 11 . 01 1-01 inirvi � +�, ,,„ / - "' �„"►"`. Dip 1ws....„ . . .... ., kr . i ; . ,,,,.. i •iP W.A . p 012-50 " -' 18 Vy.tik /� . 013.150 101 : / d/s/;1 :a •POSEQ A 24 W,M, i : • .. • I '..� . , ;,y,<d LOT 1 (// 013- 0 / 17gt4 f1 f,- -QPO i 26. 1c.) r► i a - r 00 DEERWOOD LIMV31,, : dr i . v : i . / t 10+ I ESERVOtR 011-51 f �. tl 1 7,. ,' 1 I I I I 1 I , L Lx. k RHE ELEC. So RA! I u « r 15, / 241 8 �7r r f1Sr N PROPOSED F a 1 8 G.M. TRUNK o ^ 0- LOC. VAR. WATER MAIN o REMOVE _ .IP ALTERNATE LOCATION . ' ` RECONSTRUCT 0 SECURE EASEMENT CONC. WALK - SAVE SIDEWALK INN`het SECTION A LOCATE GAS MAIN WATER WAN EXTENSIONS w./ ititestroo AN, MINN OTA FIGURE 4 - 4 EA,G DEERWOOD T( WNHOMES REV: 3/13/95 CITY PROJECT No. 682 46562FO1.OWG JANUARY 1995 r?t"('' cc:mm.4.582 ■ / .• • .. '..... •• ...-r- . / \ ..--.(C: ...`.... 1 —... < \i>"'" .( . ° ,j);( .# l ) ____K‘. '.. ■,\,\\ . Ars itift„,f4 Ill' \ , , ... . 11111 * Ad11•411111` 40 2 ' 0 - / II III t ., 3 a , 4 13 28 1 ..:11,../„. " ii... 1 I --' 1 35\ ....es ,,, '''' "IirfA : ,,,,,,,, .. / . AO" Tr , ,-,....._....- .#35, ,„....- .,?: ',...,; . „/....c://,,, /(::;'/ ip. jg .,.. .....,. .„....„„. „,,,.., ,„ .... ,,r . . , . ......,, 2 _, ./.. „„„ „„.7,,„„,„: .... ., I. A,. :.:. ."0.0''', '''' I e:•7 A 1 .0,,,:yfr#1.0, .04// •11 • 1°V.. " , * ' , ' //e, ,"/ ,;,, - ' "4',/e: i V1-, /ye. ..°— /7/.4' ,." ,,,-r• yr .... //00,17,1)..)75;p7,/ oste:wei 7 ...- 7„, /'"," ..,//777:;, ,./ / / / 7 /-///- /-0-7., ..0.7% .,/, Nig..,"' .--•*** / / / /////4"•/7,:-,,,,,./7 .2/7/0/1 -, .7 ,-, / ■-• / / / '''+' "-?fdn'.''W/e?/44//:),4/,(, ' -//;;;;;":t /1/e410114T 1 SCIACM' AP' /1",/.;./ ,;;;;%%:•*.- %,--f....1 - -,4, 6 "4,-*/::,,i , ... , , /.....or 4. • , , I PROPOSED DEERWOOD \ RESERVOIR SITE ' TEEE 1 I• 0-11-51 1 I: MEI a ll mNI ". lAl N E/ B g I ,„.. AssEssmtar Isom • beasisesair AREA (ACRE') , r / A sok INI fast SANITARY SEWER LATERAL ASSESSMENTS ., Jf Bonestroo ,ROIMOrt. i .... 1 Andes* A EAGAN, Mifig.SOTA ,, , FIGURE 5 '' Assoclailos DEERWOOD TOWNHOMES REV: 3/13/95 CITY PROJECT No. 682 49562F04.0W0 JANUARY 1995 ) COW. 49582 , . .1 . • - .., 1/1 —.,_,71, " T',''(\•• ...\.; .....".•.-4 V-\...i..).\t) /h: / / f 3 b 41r. „pf df,1,i / 01107 ft I11111////-,',1,•,,, i _,, . „, ,/i/e ' 'Via A 4.7. ;;, '....--- .., : 3 1 „,.....''''''''' .'"""."`-' ..... 0 il 400'.0. 1 s # fillP. A. a ...„,-- 1 !..„..--•:/ 1 , ,ik 012-50/ .", ,..- ..-1.t 1 -41‘..4),;;J::! 1 ik. )1. /.,::), ,,,,, , ..,4 ., , -:„ ./ i / scocot- i /1/7/ / ...IV if, 4., 1i. ..e,,,,:a4f,':'514.0 ( . ' A 414 // # d'A, / / 0'c°' , 00 / Po' I / PROPOSED \ 1...I Ili : DEERWOOD • RESERVOIR •SITE I / . 011-51 - 1 ...fe 11311111 - iliB EBB mallum 7 . : 111B GE Ni siBBIB Es1 ASSESSMENT LEGENQ . LATERAL BENEFIT. FROM TRUNK ONNIMMINNEM TRUNK AREA 7 .4 We le feet , . WATER MAIN ASSESSMENTS , 0 Benostroo 4 ESOTA EAtkf.' MI ' 4 . . FIGURE 6 ,Anderlik & DEERWOOD TOWNHOMES _ REV: 3/13/95 Ala:Wales CITY PROJECT No. 682 49552F01.0WG JANUARY 1995 7(PCONN.49562 Agenda Information Memo March 21, 1995, City Council Meeting STREET NAME CHANGE/HIWALL DRIVE B. Street Name Change,MIMI Drive...Scott Milk of Hills,Inc.is reqUesting a street.name «. from Hiviall Drive to Wall Street His request and a map are enclosed on pages through 1? REQUESTED ACTION: Approve the street name change as presented. e7 - CITY OF EAGAN STREET 'TAME CHANGE NAME: Scott G. Hills AD a 14405 As-ici L Road Burnsville, 55306 (STREET) (CITY) (ZIP COD ) TELEPROME 4 435-7787 NAME OF PLAT WHISPERING WOODS Ninth ARDI!ION PRESENT STREET NAME HIWALL DRIVE PROPOSED STREET NAME WALL STREET REASON FOR NAME CHANGE MORE REASONABLE NAME PLEASE ATTACH LIST OF AFFECTED PROPERTY OWNERS AND AN 8-1/2" X 11" COPY OF EXISTING AND PROPOSED STREETS AFFECTED. UPON APPROVAL, THE APPLICANT WILL BE RESPONSIBLE FOR ALL FEES ACCRUED IN THE STREET . NAME CHANGE. *** WE ALREADY HAVE TWO SIGNS (MALL STREET) ON ORDER II OF SIGNS AT $ /SIGN n TO BE DETERMINED BY CITY STREETS SDPERINDTi .. � 2. APPLICANT f S SIGNATURE � Plt SUBSCRIBED AND SWORN TO ,NE THIS A. DAY OF • 19 Y NY COMMISSION EXPIRES 7/111..4x1.cA. /f /991 BARBARA ARONSON WWI PUILIO41110111110Tt •DAKOTA DIM ARY C .--N.r. IlifINVINOW14.41110410,10 CITY USE ONLY SUPT. OF STREETS CITY COUNCIL DATE /---1/""f4— �TY DEVEL. FEED RECEIPT . 177/gar DATE , Iffg g • i 1/ 111100p/boi.i ig -ma CEDAR I C RIDGE :10[IF \.4.\....Lhorif I W ICADOvilA 4400 Iik . I. Is 11,, I„ „, PAFx immillow 1-4 4 w oilivirr----ry I, ..■14 '''‘'' l' 411;:. P 1 , *No > ; .t PR. . . 4.-,4 ',. IA 4 A ' sigiwA' .1 ' * '' () I I RA1.1 0 Z, , LL. * , ' • . 1 1.4101 ' PARK 0 1 CLFF .. e. -.4 LAKE f CLFF RD- C:LFF a RD. 14D ..-..... ............4 ii, •,i ''' 4.!. ,..,] . RAHN WAY •.,,o.i , ,e, 1AF @lr-:‘ r . • NANCY pl„s •3 1 -, at. .., 4 4(4'444' a G .._., • r, F. ;Woo( 1 . • : , .._ _ _ 1 g - 0,...• i 0 • ,C"4 ' , MOler 4....., 4 1 I . KINGS R .; 4 * 1 _ _ _ RD. 1 . '' '.\ - — : _04_77 . •,, 4 4is I. ii SO 1 1 ci. .: s) .40* *••1. , rosilfti, r " A OP ,...... . 44 ri.: 2 if. , 44 rAtr::: ,:' -... ii., ,, ;‘,.... . AND RD. 0 -.1-3100,411 ,, ...., • pp r. I N■,■.-411b...e;''1- a I.: . - 1- / . 4044, vo,.w It. ,',4,ekv. 1 - . • •■• 1 fl" 44, CA 1 — - — 500o I-- — — ------ / /#‘ 141). I I • ' APPL A B •C J 'lligiNNWINallialiffilig.ffiliffetiMIMINIOLOgiatilfirIMINNIMAIMINII■IIIIIMINIIIIIIIIINMOINNIMINNWMINRINOMINEINgar Agenda blformation Memo March 21;11095 , t44, , - PitnitE titia 40011"1144,101F1W-4001 607,ROW 14104 AWN**SOS ' ifneY,ROOt#Wthettktne Oftip final Sir the aboVe.flibrancadpriject' — oat Oct*Iir 18, 191*thatity received tivoewaitten objections which Mbsequendy ibllowst4si***WI*0 Mad Court. two of thosit mopeds bevelled ibirnal agglasisols petterned CttoineriOffice and,as a result ofthth. thitb,Cily gum*niuf40 tb)final suessmenti to confivitardrnmEdmunitenelk • by the appraised proems. These =risk=us identif0 an*nowt Poned10,41, 700-012-01(Remo Caponi) Item Original Amassment Rv1sd Amissment Lstardfilettaft from trtmk main $S, 50 S8,797.50 ResideatialOrset .t TOTAL 21,965,00 Pared 10405044046(Chrb Leach) - Item `3',, Original Assattamene Revised Assignment - Redthntiallitreat ; _ s550 ' S2,500.00 AU*mites have been srnbialked the legal newspiwsr and aern bkhodi aloctidproperty Irma inflating them of this*lc revisingthelirelmsed finakeiresstnertit u,CitY MouleY will hilible to addresaVy ; 'OtOtiletipba Within*to tlftrocilik ViltjhaWodts Diietar will be svIllatilett, • 'iiiicatiidcas partaking to the*tom and rehtted benefits of the iniovements. 4.. , Army Tofx comincliED:To Akita the fing Sadounien' r roll*Pri4o0t 607(NfeeY Road)as it*haft tat Parcels40-02706.012,01 and 10-02500.050-26 mod audio**its certification to Dakota County. Agenda Information Memo March 21, 1995 City Council Meeting PARK ACOUISITIONBORCHERT INGERSOLL TAX FORFEITURE A. Park Acquisition, Borchert Ingersoll Tax Forfeiture—At the special City Council work session,an update will be presented on the status of a park acquisition of the Borchert Ingersoll tax forfeiture parcel. As presented in the special City Council packet,the City has been meeting with Gopher Smelting in an effort to reach agreement on a land swap that will benefit both entities. That proposal was submitted to the APRNRC for their meeting on Monday,March 20, and a report will be presented at the special work session preceding the regular meeting. For a copy of the information pertaining to this agenda item, refer to the special work session packet. The Director of Parks & Recreation and City Administrator will make a few brief comments at the regular meeting regarding the proposal. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the findings of the Advisory Parks,Recreation&Natural Resources Commission relative to the proposed land swap between the City of Eagan and Gopher Smelting to further the parkland development. Agenda Information Memo March 21, 1995 City Council Meeting SAFARI AT EAGAN 3RD ADDITION/J. BYRON WATSCHICt PRELIMINARY SVBDIVISION3INAL PLANNED DEYELOPMETTI/ PRELIMINARY PLANNED D,EVEJ,OPI ENT/CONDITIONAL USE PERMIT A. Preliminary Subdivision, Safari at Eagan 3rd Addition/J. Byron Watschke, of one lot and one outlet; Final Planned Develojment for a theater/restaurant; Preliminary Planned Development for a future restaurant;and Conditional Use Permit for sale of beer and wine, located north of Cliff Road,and west of Thomas Center Drive -Byron Watschke of Fortune Realty is requesting approval of a preliminary subdivision of one lot(3.18 acres), a final planned development for a theater/restaurant, and a preliminary planned development amendment for a future restaurant on the outlot. This proposed development is located north of Cliff Road and west of the Thomas Lake Shopping Center. The Advisory Planning Commission conducted a public hearing on this matter at its m of February 31,‘0.1995. The minutes of the Commission's meeting are enclosed on pag through . The staff report on this application is enclosed on pages i y through 17. The APC was concerned that there was no overall plan proposed for the development of the remaining parcels in this PD. Neighborhood residents raised a number of concerns with the proposed development as well as the current status of the health club operation. The APC recommends denial of the planned development amendments as well as the preliminary subdivision citing a number of concerns outlined in the minutes of their meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a final planned development for a theater/restaurant on Lot 1, Safari at Eagan 3rd Addition; 2) a preliminary planned development for a future restaurant on the outlot of Safari at Eagan 3rd Addition; 3) a preliminary subdivision for one lot and one outlot on Safari at Eagan 3rd Addition; and 4) a conditional use permit for the sale of beer and wine at the theater/restaurant. If approved, the conditions set forth in the staff report should be adopted. • Pegs IS • Maw 38,1993 ADVISORY PLANNING COMMISSION SARI AT EAGAN 3RD ADDITION - J. BYRON NATSCHKE PLANNED DEVELOPMENT AMENDMENT, PRELIMINARY SUBDIVISION AND A CONDITIONAL USE PE1tMIT Chairperson Millar opened the next public hearing of the evening regarding a Planned Development Amendment amending the _Blackhawk Park Planned Development to allow a theater/restaurant, a Preliminary Subdivision on one lot and an Outlet on 7.7 acres, and a Conditional Use Permit to allow beer and vine located on the vest side of Thomas Center Drive in the Stfit of Section 28. City Project Planner Shannon Tyree introduced this item. Ks. Tyree highlighted the information presented in the City - staff's planning report dated February 23, 1995. Ks. Tyree noted the background and history, the existing conditions and the surrounding uses of the subject properties. Ms. Tyree further noted the proposed use, a 452-seat theater/restaurant to be named Cinema Grill, and a tentative plan for a second-family restaurant. Ks. Tyree further noted the landscape, signage, grading, storm drainage/water quality, utilities, and access/streets/traffic design plan. Ks. Tyree further noted that a neighborhood informational meeting was held January 26, 1995, and approximately one dozen surrounding neighbors attended. Ms. Tyree statid that the neighboring residents expressed concern regarding light intrusion, hours of operation,. noise and odor pollution, and visibility of the development by the residents. Ms. Tyra further stated that the neighboring residents expressed complaints regarding the adjacent health club development. Chairperson Killer suggested to the applicant that because the PD expired in 19.77, the applicant table this proposal and develop a site plan all of the remaining undeveloped portion of the plan development area rather than present the development in piece meal fashion—one use at a time. Members Segal and Neyl agreed with Miller. Neyl added that a Site plan that depicts the proposed development of the entire tract would be more helpful to the neighbors. Member Isberg concurred: Member Killer added that the biggest concern of the neighboring residents is the unknown and that he has a problem with amending a PD that has expired. • The applicant, Byron Watschke introduced Carl Dale, the applicant's planner and Brian Minette, owner and operator of Cinema and Draft House in New Hope. Kr. Natschke advised the Commission of the history of the property, the history of the developer, and the previous proposals for the subject property. Kr. Matschke noted that when the health club was proposed, the applicant advised the APC that a first-run movie theater and a restaurant were proposed. Mr. Natschke stated that the present $ 3 P*16 Afte 72$,1995 ADVISCRYPLANNINGCOMMISSION proposal is a significant dovhgrads with respect to the site of the theater building and thus the parking requirements are reduced providing extra buildable land. Mr. Watschke further stated that although the PD has expired, the City Council has not issued a cancellation or termination of the PD. City Attorney Dougherty agreed with Mr. Watschke, adding that contractual right under the expired PD still exists. Mr. Watschke further advised that the Williams pipeline was not lowered as proposed with the health club proposal, but instead the excess dirt from the health club development was put over the Williams pipeline. Kr. Watschke noted that instead, the health club elevation was lowered. Carl Dale stated that the proposal for the entire area is as noted in the packet's diagram, noting the theater/cinema use and a second restaurant to the south with a wetland pond to the extreme south of the subject property. Mr. Dale presented photographs depicting a view from a second floor window of a home adjacent to the subject property's north property line. Mr. Dale stated that the photographs demonstrate that the berm and fence prohibit the adjacent neighbors from seeing the proposed theater. In response to Chairperson Miller's request, Mr. Dale showed several other photographs, one of which was a view from a second- story window from the same hose but showing a view toward the health club to the west. This photograph demonstrated that the rooftop of the health club was visible over the berm and fencing. Mr. Dale stated that the proposed theater/restaurant building is not as high as the health club and thus, the elevation is not an issue. Mr. Dale stated that there is approximately ten to thirteen fest difference between the health club and the proposed theater/restaurant height. Brian Minette, president and operator of Cinema and Draft Mouse in New Mope and the operator of the proposed Cinema Grill, presented a videotape of the proposed use. Gary Krueger of 6031 South Mallard Trail, spoke on behalf of the townhoms association. Mr. Krueger stated that the townhome residents have the following concerns with respect to the proposed uses: (1) light intrusion and/or visibility of light poles; (2) failure of a developer to lower Williams pipeline as promised with the previous developsentz (3) elevation of property is higher than originally planned; (4) traffic congestion; (S) late-night noise and/or crime as a result Of the existence of a second-run movie theater and the sale of beer and wine; and (6) . food odors. Specifically, Xt. Krueger stated that the residents' concerns with traffic congestion is supported by the fact that the health club parking lot is full or has overflow on the weekends and a movie theater/restaurant and/or two restaurants will increase the traffic. He further expressed concern as to who would be responsible for paying for the necessary street modifications as a result of the increased traffic on the proposed site. Mr. Krueger further stated that the restaurant and 2t1( ly2R 1993 AD'VMOtY PLANNING SSION theater proposal was tabled when the health club proposal was presented due to the pending commercial study. Mr. Krueger stated - that the study resulted in a proposed comprehensive guide plan amendment with respect to the subject property in a neighborhood business which is a low-grade commercial use. behalf Bob f hhistttownhone associationn annd stated is is the members of�his on association have expressed the same concerns as Mr. Krueger. A resident of 4542 South Mallard Lane stated she opposes the, proposed project for the following reasons: (1) the proposed use is not compatible-with'the surrounding residential use, noting that the previous item also addressed the conflicting • interest between a residential area with a roadside business area; `2) the developer failed to follow through with the conditions of the health club approval and there is no certainty that the same would not happen with the proposed project; (3) the traffic study conducted by the City was not conducted on a Saturday and Sunday on which days the traffic is much greater than during the week; (4 the trash receptacle is proposed to be . at the back of the building which abuts the residents' backyards •which may enhance noise and odor pollution and infestation of rodents; (5) the theater/restaurant is requesting a beer and wine permit which is not appropriate for a family-oriented business; and (6) an increase of crime is potential based on the increased crime at the Apple Valley second-run theater. Chairperson Miller outlined the concerns expressed by the - neighborhood residents and the Commission members as follows: (1) . light intrusion; (2) height of light poles; (3) failure to lower the Williams pipeline; (4) traffic congestion; (5) food odors; (6) mixture of family theater with alcohol; (7) increase in crime; (8) increase in late-hour noise; (9) incompatibility with - surrounding residential uses; (10) unsightly harming; (11) location of trash receptacle; and (12) required improvements for ingress and egress of subject property. Member He l opined that some of the foregoing issues may be alleviated if the Commission knew what the second/future use was definitely going to be. Heyl noted that parking will most definitely be a concern if a second restaurant goes in on the subject property. Heyl stated that she would recommend denial of the proposal based on the concerns expressed by the residents and as outlined previously by Chairperson Miller, eamphasisi that the proposed use is not compatible with the adjacent residential use. Member Isberg stated that be wants to see a concrete proposal for the entire area, not merely a tentative second use. Mts. Tyres advised the Commission that the traffic study did not assume two restaurant uses for the subject party. Isberg continued and stated that the proposed use is�too intense tor the surrounding uses and without a concrete proposal for the entire S7C(- • • Swig Minoy2$,1995 ADVISORY PLANNING COMMISSION site, be would recommend denial of the proposal, in addition to those reasons outlined by Chairperson !tiller. ,Member Segal stated that the proposed use is not consistent with the conclusions of the commercial land use study and that the proposed use is troublesome for the reasons stated by the residents. Segal further stated that he therefore must recommend denial of the proposed use. Member Wallace concurred, adding that he opposed a theater use when the health club proposal was submitted to the Commission. Itember Burdorf stated that the Commission members' role is to consider long-term planning. The Commission must also consider that there are two elementary schools in the area. Burdorf stated that in consideration of long-term planning, the proposed use is not compatible with the residential area. Burdorf also stated that the proposed use is a good idea for the City of Eagan, but it is perhaps proposed for the wrong location. Member Beyl moved, Isberg seconded, a motion to recommend • denial of the Planned Development Amendment for the reason outlined above by Chairperson Miller, in addition to the proposed amendment serves no benefit to the community at large and the proposed use is inconsistent with the commercial land use study conclusions. All approved in favor. Member Heyl moved, Wallace seconded, a motion to recommend denial of the Preliminary Subdivision for the same reasons as cited for the Planned Development Amendment. All approved in favor. • PLANNING REPORT CITY OF EAGAN REPORT DATE: February 23, 1995 CASE: 28-PP-43-1244 APPLICANT: Byron Watschke HEARING DATE: Feb. 28, 1995 PROPERTY OWNER: Fortune Realty PREPARED BY: Shannon Tyree REQUEST Final Planned Development,Preliminary Planned Development,Preliminary Subdivision, & Conditional Use Permit - Safari at Eagan 3rd Addition LOCATION: Outlot A, Safari at Eagan 2nd Addition COMPREHENSIVE PLAN: CSC- Community Shopping Center ZONING: PD -Planned Development SUMMARY OF REOTJEST Fortune Realty is requesting a Final Planned Development for the use of a theater/restaurant; a Preliminary Planned Development to allow a restaurant on Outlot A, a Preliminary Subdivision of one lot (3.18 acres) and one outlot (4.52 acres) on a total of 7.7 acres; and a Conditional Use Permit to allow the sale of beer and wine; all located on Outlot A, Safari at Eagan 2nd Addition, along the west side of Thomas Center Drive in the SW 1/4 of Section 28. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to,topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. Planning Report - Safari at Eagan 3rd Addition February 28, 1995 Page 2 E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. L That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). .1. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K That the subdivision is in compliance with those standards set forth in that certain document entitled"City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization"which document is properly approved and Sled with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations,references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. Chapter 1120, Subd. 8, B.,D e►rmination, states: "In considering any petition for such district,the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision,shall determine whether or not such planned development (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." Planning Report- Safari at Eagan 3rd Addition February 28, 1995 Page 3 Conditional Use Permit Required Staards; The Plaaaing Commission shall recommend a Conditional Use Permit and the Council shall issue such Conditional Use Permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially idiminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services,including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic,noise,smoke,fumes,glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 0. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. BACKGROUND/HISTORY The Blackhawk Park Planned Development was originally conceived in concept and approved by the Town Board in 1972. The concept was revised and given official approval as a PD in 1977. The Blackhawk Park PD incorporated a very large area of the City extending from the east side of the now existing I-35E from Pilot Knob Road/35E on the north to Cliff Road on the south. The original PD was a very generalized land use plan for this area. Specific plans such as sketch plan for streets, utilities,lots and blocks,and,a staging plan were not specifically detailed at that time in this early PD. This very generalized type of PD was very prevalent in Eagan at that time. Planning Report- Safari at Eagan 3rd Addition February 28, 1995 Page 4 The original PD called for a commercial area at Cliff and Thomas Lake Roads with high density residential immediately to the north. Medium to high density residential and a community center were envisioned for the area immediately north of the high density area. The Blackbawk Park PD called for area at Cliff and Thomas Lake Roads with high density residential immediately to the north. The overall PD was revised on numerous occasions as it developed over the ensuing fifteen years period. A chronology of these amendments as affects the southern half of the Blackhawk Park PD is provided in the exhibits. The result of these amendments over the years was to reduce significantly the density and intensity of the development furthermore, the commercial area at the southern end of Thomas Lake and Cliff Roads evolved more as a neighborhood shopping center than as a major community shopping center. The Thomas Lake Center was originally intended to include a Red Owl Super Market and a Snyder Drug Store. As commercial/retail areas have evolved over the past 10- 20 years, two types of retail centers have emerged: either very low impact neighborhood oriented shopping centers such as Thomas Lake, or much larger scale community wide shopping centers with large scale discount stores and mass merchandising, such as Town Centre or Cliff Lake Centre. The major changes in shopping patterns and shopping center developments over the past decade have been most evident in the evolution of the grocery store. Classic City planning of the 1920's - 1950's envisioned neighborhoods each anchored by a grocery store of about 10-20,000 s.£ Today,we either have a 2,500 LE of gas/grocery convenience centers or a 100,000 s.£warehouse supermarket This direction of retail shopping was not anticipated when Eagan developed its Comprehensive Guide Plan more than 15 years ago. The City's Comprehensive Land Use Guide Plan envisioned community shopping centers as areas : "usually anchored by a major grocery store and would also be developed with a drug store, hardware store, clothing store, auto retail store, liquor store, service station and similar services usually required on a weekly basis by the surrounding residents. The area may also be developed with allied offices such as real estate offices, clinics, athletic clubs and ten to forty acres with an area of 40,000 to 100,000 square feet of floor area. The population served by these centers generally range from 10,000 to 15,000 persons." Most recently,in late 1993,the Lifetime Fitness Health Club was approved.It was one part of a three part proposal, which included a 65,000 s.£ health club, a 1,500 seat second run movie theater, and a 7,500 s:£ restaurant for the entire vacant land north and west of Thomas Center Drive. At the time of the proposed development the City had identified the need for a Citywide commercial study that would evaluate and update the City's commercial Planning Report - Safari at Eagan 3rd Addition February 28, 1995 Page S development ppoolicy. The City Council approved the final planned development for the proposed heal h club and tabled action on the theater and the restaurant until more information was available from the conclusions of the citywide commercial study. The study was prepared in 1994 and the conclusion for this area was to recommend that a Comprehensive Guide Plan Amendment to change its current designation of Community Shopping Center- CSC to Neighborhood Commaral. The newly created Neighborhood Commercial working policies as adopted are defined as follows: a. Neighborhood Commercial nodes should be developed as complete centers to create a relatively compact node and in order to avoid a proliferation of scattered single- use commercial sites. b. Neighborhood Commercial nodes should be planned such that the majority of the City lies within an assumed one-mile service radius. Interstate freeways and principle arterials are considered to be a barrier to this radius. Establishment of new Neighborhood Commercial nodes should be considered only when they do not overlap an existing Neighborhood Commercial node's service area and when the population and/or employment density can support this additional node. c. Because of the frequent shot-term trips associated with a Neighborhood Commercial node, transportation access needs will be medium to high. Therefore, these nodes should be located next to minor arterials or community collectors. The apparent difficulty with the remaining commercial area in the Blackhawk Park PD fr that we are faced with a fairly small strip of land located between a neighborhood shopping center and a residential district. The incremental development as well as the incremental amendments to down grade the intensity of the Blackhawk Park PD largely explains the existing situation. EXISTING CONDITIONS: The site has been previously graded and is void of any vegetation. A 100'•Williams Brother Pipeline Easement is located along the westerly half of the site, running north/south, no structures can be placed upon this building easement. SURRQUNDING VSEj The following existing uses,zoning,and comprehensive guide plan designations surround the subject property: North - Thomas Lake Woods; zoned R-3; guided 1)-1. South- Thomas Lake Shopping Center,and Cliff Road;zoned Planned Development guided CSC. East - Lifetime Fitness Health Club; zoned Planned Development; guided CSC. West - Woodgate Addition;zoned Planned Development R-1 and R-3;guided I)-IL 9 ( Planning Report - Safari at Eagan 3rd Addition February 28, 1995 Page 6 EVALUATION OF REQUEST A. Planned Development. Fortune Realty,the owner of the property is proposing to amend the Blackhawk Park PD to allow the use of a three screen, 452 seat theater/restaurant called Cinema Grill. This use is currently operating as the Cinema'n'Drafthouse in New Hope, MN. and in other parts of the nation. Cinema 'n' Drafthouse is located in a strip retail center in New Hope. This would be the first theater/restaurant located in a five standing building. The concept behind the Cinema Grill is that you order food and beverages prior to the movie beginning and dine while watching a second run movie. The developer and the applicant have applied for a Conditional Use Permit to allow beer and wine to be served on the premises. The applicant would be required to apply for a license through the City as well. This process can usually coincide with the Conditional Use Permit, but is subject to licensing fees and an investigation conducted through the Police ' Department. The Conditional Use Permit is subject to meeting the required standards necessary for approving a Conditional Use Permit (see Required Standards page 3). There are 7.7 acres remaining in this PD. Intending to incrementally develop the remaining portion of the PD, the developer, has shown a use for Lot 1 (theater/restaurant). As far as the remaining outlot,the developer cannot say with any assurance exactly what he intends to develop. So the idea of a truly Planned Development (identified uses, lots, sizes and general overall cohesion) is not being presented. No other uses have been proposed for the entire PD,only the theater/restaurant use on Lot 1. The developer is requesting the PD be amended to allow the theater/restaurant on Lot 1. The developer is not certain what the remaining use for the Outlot will be, but has suggested to staff that Outlot A will be developed as two restaurant sites. A concept for a portion of Outlot A has been developed to show how Lot 1 would be given access, how a potential 8,400 s.i± restaurant could be situated, and how parking would be provided. After review of the proposal,staff has suggested to the developer that the potential for three uses on the remaining 7.7 acres may be too intense, considering the sensitivity required for development of commercial land abutting residential. When the health club was being proposed the developer showed only three uses for the entire site; the health club, the movie theater, and a restaurant. Now he is suggesting increasing the amount of uses to four. Staff is suggesting that the planned development include only the theater/restaurant and one other use such as the restaurant be developed. qc9-, Pluming Report - Safari at Eagan 3rd Addition February 28, 1995 Page 7 Several things could be accomplished by lessening the intensity of the remaining area: 1)it would allow the theater/restaurant building to be moved south away from the neighboring residents providing additional buffering from them;2)the future restaurant location would be closer to Cliff Road and perhaps take advantage of Pond BP-39; 3) the theater/restaurant would appear to be more connected with the existing commercial center and provide more physical separation from the neighboring residents to the 4) reducing the intensity would lessen the traffic on Thomas Center Drive,and correspol r the interior circulation of the parking lot by reducing the number of same"peaks time uses and; 5)would be more consistent with the concept of a Neighborhood Center. The developer is proposing a very active entertainment node,with the recent development a health club, and now a proposed dinner/theater and a "future" 8,400 s.L restaurant, and additional space, (closest to Cliff Road)which has not been identified on these plans, but with prior plans has shown a restaurant. Compatibility Su d„inLATIS - There are-several issues pertaining to the compatibility of the proposed theater/restaurant with the abutting residential neighborhoods. These issues were brought up at a neighborhood meeting held January 26, 1995. Approximately a dozen surrounding neighbors attended. The issues discussed were:lighting, hours of operation,noise,and odor from the deep fryers and grill,and general elevation of the entire site as well as the building. Other items were brought up at the meeting and are particular to Safari at Eagan 2nd Addition (Lifetime Fitness). Specifically the traffic study, lighting, and the landscaping. Locating a commercial building next to residential can be a very sensitive task.For example, the health clubs lights are shining into the residential neighborhoods because the lights are to high and they are not being deflected away from the residential. The neighbors are concerned that this will be repeated with the next commercial development. Secondly,the neighboring residents are concerned with the late hours the theater/restaurant will have. It is possible for the last show to end at midnight and the concern is about crime and noise from automobile doors slamming, people noise, etc... A concern raised about the grill and deep fryers was brought to the attention of the developer. The neighbors believe the odor would be inescapable, and that they would not be able to open their windows without smelling the aroma of deep fried fat. The owner of the theater/restaurant informed the group of a new filtering technique which would eliminate the release of odors into the air. Because it is new technology, locating a restaurant where it has been used to examine its effectiveness was unavailable. Planning Report - Safari at Eagan 3rd Addition February 28, 1995 Page o When the health club proposal was reviewed in 1993,the developer famed his intention to lower the Williams Brother Pipeline to allow the developments on the west portion of the overall site to be developed at a much lower elevation. Since that time the developer has discovered that it will be cost prohibitive for him to do this; and secondly,with all of the overburden from the 2nd Addition be has chosen to grade the site covering the pipeline with the additional fill, in turn, raising the site elevation. This concerns the neighborhood because it was there impression that the site would be lower,helping to ininimi a their exposure. The 100' wide easement does not allow any structures to be placed on it, other than a parking lot. For the purposes of site planning, it severely constrains this area to develop. Any time additional development is added to an area an increase in traffic can usually be associated with it. This development is not proposing any connections to the existing residential neighborhoods. So traffic will not burden the small residential streets. And as mentioned earlier in the description of the Neighborhood Center-NB Comprehensive Plan designation, this development(and the remaining associated development)has access to a Neighborhood Collector (Thomas lake Road) and a Minor Arterial (Cty Rd #32 - Cliff Rd). A traffic report was prepared by the Short, Elliott &Hendrickson (see attachment). It focused on the impact of the development at the three street intersections, the access points along Thomas Center Drive, and the access and on-site circulation of the proposed of the theater/restaurant with the existing conditions. - As proposed the development meets all setback requirements. Building materials-Building materials used will be a mixture of decorative block and brick finishes in architectural style to match the existing retail center and the health club. Tras i/R cling Endure - The proposed location of the trash/recycling enclosure is within the building on the northeast side of the building. It is not located in the most convenient location from the standpoint of ease of access for the truck, and dead end parking as shown is undesirable because it requires the driver to back up in a drive aisle with other vehicles who are proceeding forward. However, the slope is too great to overcome to allow a thru drive aisle behind the building. Lan - The landscape plan indicates a mixture of white pine, smut maples, sumac and Northwood along the berm and perimeter. The plan shows decorative snow crabs located along the bang and ash trees located in the along the shared property line of the health club. Ash yellow disease has been identified in Eagan. To avoid the potential spread of the disease through intertwining roots,staff is recommending that some of the ash trees be replaced with a variety of deciduous tree plantings. Planing Report - Safari at Eagan 3rd Addition February 28, 1995 Page 9 While the plan does show the planting of 334 broadmoor junipers in the slope area between the two parking plateaus,perhaps several different variety decorative trees could be added to give some dimension to the junipers. This is being done with snow crabs near the steps between the two parking elevations. The 6'cedar fence to match the existing fence should be continued the entire length of the west property line to Cliff Road. All landscaped areas shall have an underground irrigation system in accordance with the City's landscape ordinance. Sigma - The plans do not address a pylon sign at this time. The developer may be considering a pylon sign that would incorporate the remaining uses. The proposed building signage is located on the west and south side. A final sign plan should be submitted as part of the Final Planned Development Agreement showing exactly what signage will be located on the building. All proposed signage will be required to adhere to the City's sign ordinance. Pedestrian C irculation - The developer should provide a pedestrian circulation plan that provides for safe pedestrian movement between the proposed uses. Included on this plan should be the 6' concrete sidewalk connection from where Safari at Eagan 2nd Addition stopped, south to Cliff Road. Ligh ,per - It will be necessary for the developer to submit a lighting plan which will show how the light will be shaded or diffused so as to reflect light away from the adjoining property. This lighting plan should be part of the Final Planned Development Agreement. /hailing - The preliminary grading plan submitted with this application shows that approadmately 4.5 acres will be disturbed to prepare this area for the proposed buildings and parking lots. A 100-foot wide Williams Brothers Pipeline easement is located through the middle of this site and the development does not propose to lower the existing pipelines. The preliminary grading plan shows that in some areas a couple feet of fill will be added over the existing pipeline which will provide approximately 7 feet of cover over the existing pipeline. Since the developer has chosen not to lower the pipelines,the grades of the parking lot will be higher than the grades that were shown with the preliminary grading plan submitted with this Safari at Eagan 2nd Addition. The proposed grade of the parking lot in the northwest corner of this site is shown to be at elevation 970. The preliminary grading plan shows that a berm will be constructed along the north property line and the top of the berm will be at 976. The existing townhouse building located 50 feet north of this site in the Thomas Lake Woods Addition is at elevation 955. The existing building to the west of this site on the north side of Hickory Lane in the Woodgate Addition is at elevation 968. Planning Report- Safari at Eagan 3rd Addition February 28, 1995 Page 10 As shown on the preliminary grading plan,the site will be terraced. The westerly parking lot will be approximately 10 feet higher than the proposed parking lot located adjacent to the west side of the building. The proposed parking lot located along the north side of the proposed building will be 10 feet lower than the parking lot along the west side of the building. The terracing of the parking lot areas will require some steeply sloping driveways to provide access to the parking areas. The developer is proposing 8% slopes on the driveways leading up to the proposed parking lots. The preliminary grading plan shows two areas of retaining walls. An 8-foot high retaining wall is shown along the northwest corner of the proposed building to help with the grade change between the two parking lots in that area. A 6-foot high retaining wall is shown along the east property line of this site to transition the grades between the existing Health Club's parking lot and the future parking lot that will serve the restaurant site. The developer will be required to submit detailed plans and specifications showing the retaining wall construction. The development will be responsible for providing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. The outlot area that was rough-graded in the Fall of 1994 will need to have vegetation established to prevent erosion from occurring onto Thomas Center Drive or into Pond BP-39. Storm rein, - Storm water runoff from this site will be directed to the east to newly constructed Pond BP-13.1. This pond has been sized to handle the runoff from the 2nd and 3rd addition developments. The outlet for Pond BP-13.1 drains to the existing storm sewer line in Thomas Lake Road that beads in a northerly direction. This storm sewer line is also the outlet for Thomas Lake. This storm sewer line in Thomas Lake Road eventually discharges into Pond BP-18 which is classified as a stormwater basin on the City's Water Quality Management Plan. The City asked the developer to revise the preliminary grading plan to show bow Pond BP- 39 will be upgraded to provide a pond storage volume of 5.3 acre feet (see grading plan exhibit).However,the developer did not address this issue at this time. The upgrading of Pond BP-39 has been an unresolved issue between the City and the developer for the last 15 years. The City can finance a portion of this project and will work with the developer to get the grading of the pond done to allow the grades of this site to be incorporated into the grades of the pond. The extra dirt generated from the pond excavation could be incorporated into the grading plans for this site. Sanitary Sewer-Sanitary sewer of sufficient size,depth, and capacity is readily available to serve this site from Thomas Center Drive. The sanitary sewer service to each lot shall include a manhole at the property line to allow the City to inspect and maintain that service line. Planning Report - Safari at Eagan 3rd Addition February 28, 1995 Page 11 Maummain-Watermain service of sufficient size,pressure and capacity is readily available in Thomas Center Drive and Hickory Lane. The preliminary utility plan shows looping a line fro®n the 6"water main stub in Hickory Lane through this site and connecting to the existing 6"watermain stubbed from the existing health club(Safari at Eagan 2nd Addition). Existing 1 1/2"copper water service lines, that will not be utilized by this development but are stubbed to this site from Thomas Center Drive, shall be capped and abandoned according to City standards. Streets/Access/Circulation-Street access is readily available to serve this site from Thomas Center Drive which is a looping street from Cliff Road to Thomas Lake Road. Thomas Center Drive has a traffic control signal at its intersection with Cliff Road. Access for the proposed Cinema Grill Building will be provided from the existing parking lot of the health club which was platted as Safari at Eagan 2nd Addition and from a new 24'wide driveway that will loop to the south and connect to Thomas Center Drive. Ability to gain access to the theater/restaurant is also available from the proposed future restaurants east parking lot. If the driver chooses to go this route they will avoid the.almost 8% slope on the proposed drive aisles. This moderately steep slope can be potentially difficult to negotiate when the snow covered or icy conditions exists. The she plan shall provide 24' wide drive aisles for the two-way traffic. Permanent, nonexclusive ingress and egress easements will be required from this development across the health club parking lot in the Safari at Eagan 2nd Addition and across Outlot A of Safari at Eagan 3rd Addition The site plan shows that the future restaurant location will have an east parking lot which will adjoin the theater/restaurant parking lot. Additional parking for the future restaurant will be located west across the drive aisle, abutting the residential neighborhood. The traffic study prepared indicated that it would be advisable, based on the projected southbound traffic volumes on Thomas Center Drive, to widen the adssting 36' street approximately 8'to provide an exclusive southbound right turn lane of 150'. The developer should revise his plans to indicate this new southbound turn lane. Sidezgasarails-The plans should be revised to include a 6'wide concrete sidewalk along Thomas Center Drive from the west property line of Safari at Eagan 2nd Addition to Cliff Road. This section of concrete walk would complete the walk along Thomas Center Drive. Easements/Right-of-Way/Permits - The final plat shall provide a drainage and utility easement over Pond BP-39 up to 3 feet above the high water level of the pond. The development will be responsible for obtaining permits from all regulatory agencies(MPCA, Metropolitan Council,MN Dept of Health,Williams Brothers Pipeline Company)prior to final plat approval Planning Report - Safari at Eagan 3rd Addition February 28, 1995 ,s Page 12 B. PRELIMINARY SUBDIVISION: jets - The proposed subdivision will consist of one lot and an outlot. Lot 1 - Dinner Theater- (3.18 acres), and Outlot A-the site of two potential restaurants (432 acres). Parks Ind Recreation -The parks dedication has been fulfilled for this development by a prior dedication. The developer shall be required to install a 6' concrete walk to complete the sidewalk installed along the north and west side of Thomas Center Drive with the Safari at Eagan 2nd Addition (Lifetime Fitness) development. The 3rd Addition sidewalk segment will complete the concrete footpath from Thomas Lake Road to Cliff Road via Thomas Center Drive. Water Quality - The pond that was constructed with the Safari at Eagan 2nd Addition is sufficient ponding for this development. Tree Preservation Policy - No significant trees are located on the proposed development site. SUMMARY/CONCLUSION When considering the subdivision and PD amendment requests,issues of compatible land use arise.This last piece of the developable property in the PD has to carry the burden of decisions which were made prior to its own development, decisions that lessened the residential density in some cases and increased the commercial intensity in others. The developer at this point is requesting approval of only the theater/restaurant. There is no specific plan for the remainder of the site although the developer indicated that he will likely request two more restaurants in the future. Such incremental planning and development is not consistent with the concept of a planned development. The overall intensity and layout of development on the site should be established and considered at this time along with the theater proposal. When Safari at Eagan 2nd Addition was approved the City Council approved only the health club and withheld action on what was then Lots 1& 2 (second run movie theater and restaurant)suggesting that it would be appropriate to postpone action on the remainder of the site until the commercial study is completed. This proposal and the future intentions of the developer are to develop this property incrementally with entertainment type uses (restaurants). Neighborhood Commercial districts,as identified in the Commercial Land the Study-Interim Report Working Policies (adopted May 3, 1994) are defined as having 'primary use, smaller-scale neighborhood oriented retail, office and service businesses." This report also states that: "Because of its proximity to neighborhoods, site planning will be of particular importance to ensure appropriate transitions between the commercial and residential uses." ?er Planing Report • Safari at Eagan 3rd Addition February 28, 1995 Page 13 Therefore, due to the findings of the Commercial• Study it appears that the theater/restaurant,and two additional restaurants on the remaining land,are not completely consistent with the conclusions of the study. The proposed development will be more intensive than a Neighborhood Center. Reducing the number of uses (e4. to the theater/restaurant and one restaurant only) and shifting to different uses would be more consistent with the concept of a Neighborhood Center. This would permit revising the site plan to provide buffer space between the residential and commercial uses. ACTIONS TO BE CONSIDERED;" 1. To recommend approval/denial of a Final PIanned Development to allow a 452 seat theater/restaurant for Lot 1. 2. To recommend approval/denial of a Pre}iminsry Planned development for a restaurant on Outlot A. 3. To recommend approval/denial of a Preliminary Subdivision. 4. To recommend approval/denial of a Conditional Use Permit to allow the sale of beer and wine. Approvals subject to the conditions listed below: ElnalManialltsslomnimb Lot.1 1. A 452 seat, three screen theater/restaurant is approved to be developed on Lot 1, Block 1, Safari at Eagan Third Addition. 2. That the plat, site plan, and all other required plans be reconfigured to reflect the development of Lot 1 and Outlot A. 3. The theater/restaurant will constitute the Final Planned Development for the proposed Lot 1, Block 1, Safari at Eagan Third Addition, which requires the developer to submit the following plans: • Final Site Plan • Final Building Elevation Plan • Final Signage Plan • Final Landscape Plan • Final lighting Plan • Pedestrian Plan (including the 6 concrete sidewalk along Thomas Center Drive) • Final Plat 4. All bituminous parking and drive aisle areas shall be properly maintained 5. The developer/owner shall install and maintain all landscaping (including the underground irrigation system). Planning Report- Safari at Eagan 3rd Addition February 28, 1995 Page 14 6. A 24'wide common access drive aisle shall be provided from Thomas Center Drive. (shown per site plan along the west side of the future restaurant on Outlot A). 7. The 24'wide common access drive aisle from Thomas Center Drive(shown per site plan west of the future restaurant) shall be installed with the development of the theater/restaurant. Preliminary Planned Development 1. The site plans, grading plans,Tandscaping plans shall be revised to show the future developable lot and area of what is now Outlot A. 2. The access to Outlot A shown across from the Texaco Station access shall not be permitted. A shared access with the future restaurant and Lot 1 shall be permitted instead (per site plan) Subdiyision; 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, Bi, B2, B3, B4, Cl, C2, C4, D1, El, 01, and Hl. sag 2. The developer will be required to submit detailed plans and specifications showing the retaining wall construction. 3. The final grading plan shall provide a pond storage volume of 5.3 acre feet for Pond BP-39. Utl itl jg 4. The sanitary sewer service to each lot shall include a manhole at the property line to allow the City to inspect and maintain that service line. 5. The preliminary utility plan shall provide a 6" looping watermain from the 6" watermain stub in Hickory Lane through this site and connecting to the existing 6" watermain stubbed from Safari at Eagan 2nd Addition. 6. Existing 1 1/2" 'copper water service lines, that will not be utilized by this development but are stubbed to this site from Thomas Center Drive,shall be capped and abandoned according to City standards. • / ° Planning Report - Safari at Eagan 3rd Addition February 28, 1995 Page 15 Access f Eas_, , ements 7. Permanent nonexclusive ingress and egress easements will be required from this development across the Health Club parking lot in the Safari at Eagan 2nd Addition and across Outlot A of Safari at Eagan 3rd Addition. 8. Thomas Center Drive shall be widened by 8'to provide a southbound right turn lane of approximately 150' to Cliff Road . 9. A drainage and utility easement is required to an elevation of 3 feet above the calculated high water level of Pond BP 39. Parks and Recreation 10. This development shall be subject to a cash parks dedication. The development proposal will be required to pay a cash parks dedication pursuant to the rates for commercial developments. 11. The developer shall be required to install a trail to complete the trail installed along the north and west side of Thomas Center Drive with the Safari at Eagan 2nd Addition (lifetime Fitness) development. The 3rd Addition trail segment will complete the trail from Thomas Lake Road to Cliff Road via Thomas Center Drive. C onditioanl Use Permit: 1. That the Conditional Use Permit be approved to allow the use of beer and wine on Lot 1, Block 1, Safari at Eagan Third Addition. (/0 /f STANDARD CONDITIONS OF PLAT APPROVAL A. 11ean0l kbattena 1. This development shaft accept Its additional financial obligations as defined • in the staff's report In accordance with the final plat darn ions and the rates in effect at the time of final plat approval. N. .Easements and Riehta.etiyay 1. This development shall iiedlcate 10-foot drainage and tally easements centered over all lot lines and. In addition. where necessary to accommodate edstirg or proposed utilities for drainage ways within the plat. The development shall dedicate easements of stient wklth and location as determined necessary by engineering standards. 2. This development shaft dedicate, provide, or financially guarantee the acquisition costs of drainage,pending, and utility easements in addition to public street rights•at-way as required by the alignment„ders and storage capacity of all requfred public utilities and streets boated beyond the boundaries of this plat as necessary to service or accommodate this • development • 3. This development shall dedicate all public rlht-of.wayr and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate juriscfictional agency. • 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. 1. Aft pubic service to private development itreets, systems and designed necessary a registered professional engineer In ccordenith City adopted cab, • engi ne ring standards, guidelines and policies prior to application for final S A detailed graft, , erosion, and sediment control plan must be • prepared in accordance with current City standards prior to final pat aPPrOVIIL $. This development shaft ensure that all dead-end public streets shell have a cui-de sec constructed in accordance with City engineering standards. i 4. A separate detailed � plan shall be submitted overlaid on the proposed gr np utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. ptrnerovarnanb .1. d any improvements are to be Installed under a City contract, the apprwriate project must be approved by Council action prior to final plat approval a. 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Traits Dedieattorl • 1. This development shall fulfill Its park and trail dedication requirements as - recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. 0. Water Oustity Dedicattorq 1. This develOpment shall be responsible for provkling a ash dedication, pearling, or a combination thereof in accordance with the criteria identified In the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. J2thE 1. Al subdivision,zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: *Wit 21. 1087 s•�•w,b� IA. 1557 Revised: _.Prty 10 ioso Revised: _bruapl_4. 1553 ILTihrs STANDARD . t /03 • -05181 6Y%DIA GENE DRA4 SIVSEH CENYER ST PAUL. 2455110 OW 404000 /GOB ARCHrIECTUNE • ENSINEERWS • avmo menxI • 1RANSPORTATION February 21,1995 RE: Eagan,MN Cinema'n Drafthouse Thomas Lake Center SEH No.A-EAGAN9503.00 Ms.Summon Tyree City of Eagan 3830 Pilot Knob Road Eagan,MN 55122-1897 Dear Shannon: As requested by the City of Eagan Community Development Department,we have reviewed the proposed site plan for the Cinema Yn Drafthouse,as well as the conceptual layout of the adjacent site. The site is located north of Thomas Center Drive in the northwest quadrant of Cliff Road and Thomas Lake Road(See Figure 1). We have estimated the trip generation of the dinner theater. For the remaining properties,we have chosen typical commerdal uses which fit into the commercial land use designation of the area,and are somewhat suitable for the parcel sizes, in order to analyze a worst case type of traffic situation. Trip Generation of Proposed Dinner Theater Table I shows the potential trip generation of the proposed dinner theater. The trip generation is divided into different periods of the day during which most of the traffic will occur based on the starting and ending times of the movies. The percentage of seats occupied for the various movie times by day of week were provided by the operators of the edsting dinner theater in New Hope. The start times of the movies are as shown below. Matinees 12:00 p.m.,2:00 pm,4.00 pm(Saturday and Sunday only) EVedng Shows: 700 p m.,9.30 p.m.(Alt nights) During the hour or so before the 12:00 noon movie and the 7:00 p.m.movie,it is anticipated that SHORT SW= IB It1G SA EAPOL*E • •. • ol#PPEWA mu s, MADISON.WI Sumner Tyree February 21,1995 Page 2 customers will arrive farther in advance of the movie,since they will be interested in ordering a full lunch or dinner. Therefore,the table shows longer arrival periods prior to these two movies. With the other movies,customers will typically have less than a half hour between the ending of the earlier movie,and the beginning of the next movie.Therefore,the arrival time for these movies is :imam as more concentrated in the half hour before the movie starts. Since there are two and a half hours between the two evening movies,the arrival time for the late movie is shown as spread over one whole hour. Trip janeration was based on the number of seats provided in the facility,and the percentage of that seating used during the various movie times. According to the developer,452 sifts will be provided. An average vehicle occupancy of three persons was estimated. During the matinees, there may be a slightly higher vehicle occupancy,such as 3.5 per vehicle. This is especially the case for children's'movies,which attract families. However,an average vehicle occupancy of three persons per vehicle was used for all times and days of the week for consistency and to provide a conservatively high estimate. In addition,it was estimated that approximately 10 percent of the inbound trips would drop off passengers,leave and return to pick up their passengers after the movie. Therefore,these trips were counted twice,one inbound and one outbound trip prior to the movie and one inbound and one outbound trip after the movie. • The weekday trip generation(Monday through Thursday)is estimated at approximately 215 trips between the hours of 5:30 p.m. - 12:00 midnight. A vary small amount of trips are expected throughout the remainder of the weekdays,for deliveries of food,cleaning people,trash trucks, and other employees. These trips are expected to number less than 50 per day. Therefore,the total average daily trips for Monday through Thursday is likely to be approximately 265 trips per day. If Friday is included in the weekday average,it increases average weekday trips to approximately 295 between 5:30 p.m.to 1200 midnight,and 345 for the entire 24 hours. Sunday and Saturday trip generation is expected to be considerably'higher due to the three matinees which are shown. Sunday is expected to have approximately 785 trips. Saturday is expected to generate approximately 1200 trips. The difference between Saturday and Sunday is mainly due to the significantly higher trip generation between 5:30 p.m.to 12:00 midnight on Saturdays.. • Trip Generation for Other Potential Uses on the Dinner Theater Site According to our discussions, the neighborhood adjacent to the proposed dinner theater has I nquited about the possibility of other land uses on the site,such as oboe or medical office. Since the site is 3.18 acres,an office building of approximately 30,000 square ferret is a logical size for a building on the site. A 30,000 sq.ft.general office building can be expected to generate an average weekday volume of 570 trips. A 30,000 medical office building can be expected to generate approximately 830 trips on an average weekday. A retail center of the same size can be expected to generate approximately 3300 trips on an average weekday. • .Shannon Tyree February 21,1995 Page 3 Trip Generation of Other Potential Land Uses on the Site Based on the commercial land use designation of the remaining vacant property on the site,several specific land uses were selected in order to analyze a scenario where the entire Thomas Lake Center is developed. According to our discussions,the remaining property west of Thomas Center Drive could be developed with at least one restaurant,and possibly two. Therefore,a high turn-over, family style restaurant was used for one of the sites. It was assumed that this restaurant would be open during the a.m.peak hour,although that may not actually be the case. A moderate sized fast food restaurant was chosen for the remaining property,because it allows an analysis of a worst case restaurant scenario from a trip generation perspective. Based on the sizes of the three remaining outlots to the south and east of Thomas Center Drive,the commercial land uses of a drive-through bank,a fast food restaurant,and a daycare center were selected. There is already a daycare center in Thomas Lake Center,but for the purpose of this analysis,a daycare center for 75 children was assumed because it has the potential of fitting on one of the small parcels,and because it reflects a slightly worse case than a small(10,000 sq.ft.)office or medical office building. Table 2 shows the trip generation of each of the commercial land uses assumed for these areas. Trip Distribution and Assignment Based on the surrounding land uses and roadway network,the trip distribution is estimated as shown on Figure 2. The distribution is also partially based on the direction of turning movements into and out of the area. P.M.peak hour trips were assigned to the surrounding intersections to determine the need for changes in capacity,traffic control and driveway locations(see Figure 3). Existing and Future Traffic Conditions P.M. peak lour traffic counts were made at the intersections of Cliff Road and Thomas Center Drive,Cliff Road and Thomas Lake Road,and Thomas Lake Road and Thomas Center Drive. Cliff Road and Thomas Center Drive The signalized intersection of Cliff Road and Thomas Center Drive now operates at level of service (LOS)C during the p.m.peak hour. This is a very acceptable p.m.peak hour traffic condition. With the development scenario shown in the trip generation table,Oda intersection will continue to operate a LOS C,assuming no background trams growth on Cliff Road. A study of historical and anticipated traffic growth on Cliff Road would need tabs conducted to det ermine the expected LOS • in future years. The projected LOS described above is based on the fact that drivers making a right turn onto Cliff Road from southbound Thomas Center Drive can drive around vehicles waiting to go straight or make a left t urn. However,there is not actually a designated lane for the southbound right turn Shannon Tyree February 21,1995 Page 4 movement According to the site plan,Thomas Center Drive is 36 feet wide. This is typically not considered wide enough to stripe a northbound lane,a southbound through/left turn lane and a southbound right turn lane. This has been done in other locations,but results in a very narrow northbound lane to turn into from Cliff Road. Therefore,based on the projected southbound traffic volumes on Thomas Center Drive,a widening of six to eight feet is suggested to provide an exclusive southbound right turn lane clap appr.mdmately 150 feet. Because of the right-turn-on-red movements which are made onto Cliff Road,this lane length should be adequate. The widening for the right turn lane will allow the northbound lane to remain 18 feet in width.This is-desirable given the large delivery vehicles which must serve the Texaco station,and the general speed of the traffic turning off of Cliff Road. . Cliff Road and Thomas Lake Road The vmsignalized intersection of Cliff Road and Thomas Lake Road was also analyzed to determine the LOS of the approach volumes on Thomas Lake Road. Currently,the southbound left turn movement from Thomas Lake Road to Cliff Road operates at LOS F, meaning that there is considerable delay to drivers attempting this movement. Based on the p.m.peak hour traffic count, the intersection does meet a peak hour signal warrant. However,a fugal 48 hour approach count and accident analysis should be conducted to further investigate the need for a signal at this location. It is very likely that drivers currently divert from southbound Thomas Lake Road onto Thomas Center Drive in order to turn left at the signalized intersection with Cliff Road. This is not a desirable situation now due to the number of driveways and potential conflicts along Thomas Center Drive. For traffic generated along Thomas Lake Road south of Diffiey Road,there are no other direct routes to get to a signalized intersection,such as the one at Pilot Knob Road,in order to turn left onto Cliff Road. If the area develops as analyzed in this study,the southbound left turn movement from Thomas Center Drive onto Cliff Road will continue to operate at LOS F during the p.m.peak hour,and the eastbound left turn movement is expected to worsen from the existing LOS B to LOS D. This will probably result in more eastbound drivers turning left at the signal at Thomas Center Drive,and left again where Thomas Center Drive meets Thomas Lake Road. Thomas Lake Road and Thomas Center Drive All movements at the intersection of Thomas Lake Road and Thomas Center Drive now operate at LOS A during the p.m. peak hour. With full development of the area as shown in the trip generation table,the eastbound left turn movement from Thomas Center Drive to Thomas Lake Road is expected to change to LOS C. There is only one approach lane on all legs of this erection. However,these lanes seem to be wide enough to comfortably allow other vehicles to by-pass the vehicles which are turning at the intersection. Therefore,no capacity improvements are suggested. 1 O7 • • Shannon Tyree February 21,1995 Page 5 On-Site Circulation and Site Plan Comments Access and On-Site Circulation • Access to the proposed dinner theater is one area of concern. The parking and building are somewhat removed from Thomas Center Drive. Inbound traffic from Thomas take Road will most likely cut through the health dub parking lot rather than the driveway to the southwest. This parking area was observed to be in use for the health club between 6:00 and 6:30 pm Discouraging the use of this parking area by presenting cut through traffic could result in more on-street parking by health dub patrons. If customers anticipate a fully occupied parking lot on the west side of the dinner theater,they may also cut through the parking area east of the future restaurant shown on the site. This would allow them to avoid the eight percent grades in the drive aisles west of the restaurant(discussed below), and provide quicker access to parking along the rear of the dinner theater. If the layout of the future restaurant site were changed so that it is not connected with the dinner theater and the health club parking,it would not experience cut-through traffic,and would also be less likely to experience overflow parking from the dinner theater. Pedestrian connections to the health club site are encouraged so that joint users of the health dub and the restaurant can walk between the two sites. According to our discussions,,the access drives to the dinner theater parking area have a grade of approodanately eight percent,going up from the easterly portion of the site to the large parking area in the westerly portion of the site. This is a fairly steep grade for an unprotected drive aisle,and can be expected to be somewhat difficult to negotiate when icy or covered with snow. Many drivers coming to the dinner theater will enter the driveway which follows the west side of the restaurant,going up the eight percent grade,and will then go down the other eight percent grade to park directly adjacent to the building or drop off passengers. According to City engineering staff,the eight percent grades will be similar to the main entrance to Eagan City Hall from Wescott Road. A"r intersection is proposed at the crest of these eight percent grades. This could result in some on-site traffic operations problems,unless I)a three-way stop condition is installed, or 2) the intersection configuration is changed to form a 'T" an on, where only one leg of the intersection needs to stop. Parking Demand Given die site plan as'currently sh own,the future restaurant adjacent to the dinner theater is likely . too pulence over w parking from the dinnerthater. The need for overflow parking seems most likely to occur between the 12:00 noon matinee and the 2.00 p.m.matinee. Since there are only two hours between the shows,the customers for the later movie will most likely be arriving before the customers from the noon movie have left the site. 1 . • Sion Tyree February 21,1995 Page 6 - Based on the percentages of seating occupancy during these two movies,125 customer parking spaces would be needed for the noon movie, and approximately 105 customer parking spaces would be needed for the 200 movie. In addition 15-20 employees will park on the site during peak times. This results in a situation where all of the dinner theater parking(approdmately 132 spaces) will be full,and early arrivals for the 2:00 movie will have to park in the health club parking,the restaurant parking,or on Thomas Center Drive or circulate around until customers from the noon movie begin to leave the site Shared parking with the health club may be desirable depending upon Saturday and Sunday use of the health club. It is expected that shared parking with the restaurant will not be acceptable, since peak hours will coincide with the dinner theater. On-street parking on Thomas Center Drive is not desirable,as it causes sight distance problems,especially around the curve. Parking Lay-Out If the site plan remains in its proposed configuration,landscaped islands are recommended at the east ends of the drive aisles in the upper(westerly)parking area of the dinner theater. Without raised islands,drivers are likely to disregard the parking lot striping,or not see it in winter,and park all the way up to the landscaped area between the upper and lower parking areas. This will result in dead-end parking aisles which are a very undesirable site plan feature,especially in areas where arriving customers are waiting for departing customers get out of their parking spaces. Other Access Related Comments It is suggested that access to the property west of Thomas Center Drive align with the entrance to Thomas Lake Center just south of Area"A". An equally acceptable alternative would be to access the property from the proposed driveway to the future restaurant and the dinner theater as shown in the dashed lines on the site plan. A driveway across from the Texaco station,where the curb cut is currently shown is not desirable,because it would be in the southbound right turn lane. The existing driveway to the Texaco Station appears to be acceptable under current conditions,and is expected to continue to be acceptable upon build-out of Thomas Lake Center. The additional traffic from new development will result in the stacking of southbound through and left turning traffic which will rarely cut off left turns into aril out of the driveway during the p.m.peak hour. This is not expected to occur often enough to make it necessary to change or close the driveway. However,if the unsignalized condition at Thomas Lake Road and Cliff Road causes more diverted traffic to the signalized intersection in the future,the southbound left turn stacking could increase to a point where left turns out of this driveway will be difficult to make. This could cause traffic operations problems on Thomas Center Drive. If this occurs,the driveway could be changed to a right-in only, requiring all drivers to exit the station via the drive aisle south of Area "A". Converting the driveway to a right in only driveway would entail changing the north curb of the driveway as shown in Figure 3. Furthermore,a raised median of two to four feet in width between Cliff Lake Road and the drive aisle south of Area"A"would also be desirable in this situation to prevent misuse of the driveway,and to let southbound drivers on Thomas Center Drive know that d • • Sha on'4==e February 21,1995 Page 7 they most access the station via the drive aisle along the north side of the site. Future access to Area"A"could result in more use of the driveway to Thomas Center Drive behind Snyder's Drug Store. This should be discouraged. Drivers exiting this driveway currently have limited sight distance to the southwest, around the curve. On-street parking would severely worsen this situation. Development of Area "A"would be a good opportunity to look at the potential of changing the grade on the site to improve the sight distance to the southwest. Boulevard landscaping in this area should be chosen carefully to avoid plantings which will grow in height and/or width and result in additional sight limitations. The on-street parking which currently occurs on Thomas Center Drive south of the health club is also creating some sight distance limitations. This is especially a concern for the easterly driveway of the health club. Drivers coming out of this access should be able to see around the curve in the road to the northeast. The parked cars make this difficult. The cars are not parked on the street due to inadequate parking on the health club site. On two different occasions,13 and 23 vehicles were observed parked on both sides of Thomas Center Drive at times when there was ample parking available on site(afternoon and evening respectively). The apparent reason for parking on the street is to avoid parking on the west side of the health club. Due to the sight distance constraints caused by the on-street parking and the availability of parking on the site,it is suggested that on-street parking be prohibited on Thomas Center Drive. This is suggested regardless of traffic growth which will result from future development along Thomas Center Drive. Future access to Area B is also a concern. The potential future access location shown by the small arrow on the north side of the site is undesirable because of the dose proximity to Thomas Lake Road. Modifications to the east side of the existing parking area to provide ingress and egress via the west side of Area"B"seems to be the optimal solution. One concern over this scenario is the limited sight distance for drivers backing out of the parking spaces adjacent to the southwest side of True Value Hardware. Drivers headed westbound into the site from Thomas Lake Road cannot see a driver backing out of these spaces until they get around the curve in the drive-aisle. Access to Area"C"will also be very challenging due to the slope on the site. The access should be limited to the existing driveway behind Thomas Lake Center,as shown on the site plan. If future uses in Thomas Lake Center result in greater use of the parking along the south side of the site,it is suggested that the right-in driveway from Cliff Road be eliminated. While counting cars at the surrounding intersections,many drivers were observed turning right from westbound Cliff Road to Thomas Lake Road,then left into Thomas Lake Center. This movement did not appear to be a problem. The right-In only access from Cliff Road appeared to receive very little use. Conclusion The improvements suggested to handle the future proposed and assumed development for the area NO • Shannon Tyree . February 21,1995 Page 8 will result in the need for at least one roadway improvement,cog of a southbound right turn lane on Thomas Center Drive at Cliff Road. The intersection of Thomas Lake Road and Cliff Road meets a peak hour signal warrant,but needs further analysis to determine if there is a demonstrated need for signaliaation. If the intersection . is not signalized it could result in more diversion of traffic to Thomas Center Drive. This could impact the operations at the driveway to the Texaco Station,and result in the need for a raised . median and a right-in only access. The proposed arrangement of the dinner theater site and adjacent future restaurant raise concerns over on-site circulation,grades, cut-through traffic, and the potential need for shared parking arrangements. Access to the west side of Thomas Center Drive should be placed a minimum of 205 feet north of the Cliff Road right-of-way line,and should align with the entrance to Thomas Lake Center. A shared access to the north is another option. Future development of the Thomas Lake Center"outlots"will need to be looked at very closely to • avoid sight distance problems at the site egresses onto Thomas Center Drive. The elimination of on-street parking on Thomas Center Drive is recommended due to the sight distance limitations it creates. If you have any questions on the above discussion,or come across any items on which you would like further input,please give me a call at 490-2071. 70,1e, Elliott Hendri- •, kw. Cindy .AK:P / Transportation Planner • be Attachments ( l P 1I tili I : ` lit lei r. ; _' . i ‘, sae 341 1 rr"r ..ta , 2411 3,p _ P.4 Sla r owl I,. tF el, 0 1 r 1 0 151 111 ' • E E 5!! M 1 al . i ii it- in ;11.1111 Pia .iiiirt IV 08111 Ogg 11,1 r ,,,, , -II Ali 1 pa I j 5,1a RI it 'fit 33333 � 5,.i 'sad 1 {r tr [: [.• , t ... i itt hi 1 :IN... ,�F r r VI' 9 ! �!" 3 1 ; ; i �^ 33333 ` ! - !'. n 15 t: t"> , i. i- 1::' ] lib I . r i ' 1 1 411 i 4 ilimarir 2 \ t, . i, iitiLo • li ' .... - I fir , _-*et' ' •,* . ,..;/1„, 4 \ 1 . , 4Azi,‘,. ip, 4. i: 4 ''' ti-'‘1""*N•..11 • t44 i --34. ".L.iirt/ 1 , .,.*1 • AUll MI B.111 Sr'''. I. ,,tA, , .441 IL 111V .i. 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'' -;'- 1 rieinli 4\ '' 1.• I d '''':.‘,4, "I- / 1-, I ...A ,-„... -I w .:ailei. -;;;44-7).*1 - CP '' . 1140\ • '' I CI, L - .,-,Tilkuig- 1.vr ,-,-1:.4 1,-, _ , 0- /„.4.. .' •,rit, ' ;,i,„ - _ 1 AI I I 1 ell'' ,' 4 Ar--n it k 4."1" , , ' -`-''' • . 460 , . - ' . 1, / o eg 1 • t 3 . • Z opal, °CATION MAP FILE NO. ■ EAOAN9503 a Affii aNEMAN DRAFTHOUSE TRAFFIC STUDY 0-Isn57 IMAM IAKE CENTERmi•EAGAN, MINPAiNOTA ) , i , 4—silevo• r wont+, 1 i :k 001/91/111-0 r Pail •i, • um etvorios J V1 3 t filiniCial—4 i I >.4 i I ;1 I . , 11 11 1 i ill II - il h I ;,I a1 g _,� \4—CC�.wo► _I ••..,,,, ...i 1 1.•rwwn 1 I .► ne 41fr sowoc--► Q . d•et!Oi■ intemui-I, 4 a ad 00st M-K-LD \; 1 :11. vow •Nn •ol+ovi . I NJ . lii• 1 Z till If • I \s MI UM 4111•1=-M FINANCIAL OBLIGATION• Saft ri at Eagan 3rd There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time,there are no pending assessments on the parcel proposed for platting. The estimated Scandal obligation presented is subject to change based upon areas,dimensions and land uses contained in the final plat Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using thethe City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Impronmeat Use Rate Quantity Amount None $0 Total ,12 I tJ • Safari at Eagan 3rd Addition (� fl . {' •••• -� .`{ Y'Z . fit,, Iiirg,. -- - '. i -rif 16,14 5,,,,, . i ' ':- • - 7...-441114 .'d111 0 ., . , t. ., . .,,,,..4, . ., J, ..,-,. ,. ,,.. . „ ,.,, , r,",,,, „,, . s , ..alsre : ,,,, , .,,,,,F4 , .. TIE it , ,....., i . ,-,Aiic,„ ..„--.40 ,i, 0 it; zj i . ; ,,` . l, - ,.. r fit, - t .._ mar" ^ I r,), -ialif*rim.. 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'ati-_,0 ,_ {�Y". 4 L I - �.i.i• -fit s • _. i Agenda Information Memo March 21, 1995 City Council Meeting MALLARD PARK/EHW PROPERTIES COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING, PRELIMINARY SUBDIVISION B. Comprehensive Guide Plan Amendment,Mallard Park 4th Addition/EHW Properties, from D-III and R$ to D-1; Rezoning,R4 and RB to R-1;and Preliminary Subdivision,for 63 lots and 2 outlets,located south of Difileey and west of Johnny Cake Ridge Road.-EHW Properties is requesting approval of a comprehensive guide plan amendment, rezoning and preliminary subdivision for a 63 lot single family subdivision located south of Diffley Road and west of Johnny Cake Ridge Road. The property is currently guided D-III and RB and zoned R-4 and RB. The Advisory Planning Commission conducted a public hearing on this matter at its meetin g,pf February 28, 1 95. The minutes of the Planning Co mission are enclosed on pages through ,/3sThe staff report is enclosed on pages .36 through/,,, '. The APC discussed a number of issues regarding this proposed development and its compatibility with the surrounding area as well as the City's long term land use and housing goals. On a 4-3 vote, the APC recommends approval of the guide plan amendment, rezoning and preliminary subdivision subject to the conditions set forth in their minutes. If the City Council approves this comprehensive guide plan amendment,it would be appropriate to direct staff to submit the amendment to the Metropolitan Council for review and place the rezoning and preliminary subdivision on a future Council agenda as a Consent item. ACTION TO BE CONSIDERED ON THIS TTEM: To approve or deny a comprehensive guide plan amendment from D-III (mixed residential) to D•1 (single family residential) for approximately 38 acres located south of Diffley, east of I-3SE and west of Johnny Cake Ridge Road in the north quarter of Section 29 and the northwest quarter of Section 28. To direct staff to place the proposed rezoning and preliminary subdivision on a future agenda as a Consent item -following review by the Metropolitan Council. • P1•8 Maser ►2$,1995 ADVAGRY PLOD NO CONMOSS ON MALLARD PARK 4TH ADDITION - ERN PROPERTIES COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION Chairperson Miller opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment from D- III Mixed Residential (6-12 units/acre) and RB, Roadside �s to D-I, Single Family (0-3 units/acre) , a Rezoning from R-4 (Multiple) and RB (Roadside Business) to R-1, (Single Family) for approximately 38 acres, a Preliminary Subdivision of 63 single family lots and two outlets on approximately 52 acres, and two Variances to the maximum cul-de-►sac length located south of Ditfley Road, east of I0'35E, on either side of Johnny Cake Ridge Road in the North % of Section 29 and the NW% of Section 28. The proposed 63 lot subdivision is located on the west side of Johnny Cake Ridge Road and has a net density of 1.9 units/acre. Project Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff's report, dated January 18, 1995. Mr. Ridley noted the background, the existing conditions and the surrounding uses of the subject property. Mr. Ridley further noted the proposed density, lot size, setback, and landscaping, grading, storm drainage/water quality, utility and access/street design plans. Mr. Ridley noted that the City's 1988 Comprehensive Guide Plan Update expressed the City's goal in addition to providing a diversity of housing was to promote the development of 300 to 500 high-value homes (in excess of $150,000.00) during the 10-year period of 1987-1999. Mr. Ridley advised the Commission that while staff has not et completed its analysis of the values of the new single-family • homes, which consist of approximately 804 of the total new construction since 1990, it is highly probable that the City has met its goal of adding 300 to 500 units priced over $150,000.00. Ridley further noted that the rezoning of the subject property to R-1 would result in a single-family development abutting property currently stoned Roadside Business. Ridley advised that staff suggested to the developer a revision to the development plan to provide a mixture of residential uses that could allow greater spacing between residential structures and the abutting commercial property. Ridley further noted that staff, requested the developer to reduce the designated Street B cul-de- • sac by 100 feet in order to avoid a necessary variance to the City Code which requires 500-feet maximum cul-de-sac length and to ate an additional 100 teat of natural barrier of urbed vegetation between the residential structures and the commercial land to the west. Ridley stated that the developer chose not to make these changes. • i r Famm r2a,1993 ADVMORYPLANNINGCOPMSMON Several representatives ;ofqthe Applicant, ERN Properties, were present: John Willmua, Bob Willaus Greg Frank, applicant's planner and Dick Marhula, a representative of RV Properties. Mr. Frank advised the Commission of the background of Ring Properties and its develOpments within the City of Ragan. Kr. . Frank stated that the subject property is the last piece of property owned by ESW Properties. Mr. Frank opined that there is a large mix of residential uses in the area and that high-value homes are needed to be added to the area. Mr. Frank advised that the City Council suggested in 1900 that the applicant rezone the property to R-i, but the Applicant refused because the applicant had already provided park dedications based on multiple residential zoning. Mr. Frank stated that if the R-1 rezoning is denied, R-4 is the next best alternative and the applicant will move forward with an R-4 proposal. Mr. Frank further advised that the site's amenities e.g. woodlands, slopes and wetlands, are ideal for single-family hoaxes. Mr. Prank noted that the nearby Wexford Addition development is also a single-family development abutting a roadside business- zoned property. Mr. Frank noted that the subject property; however, differs from the Wexford Addition property in that the subject property has significantly more trees along the abutting property line to the RB property which serve as natural buffers. Mr. !rank further noted that the developer can take advantage of the natUral vegetation to most design needs for single family and necessary transition into the RB zoning. Mr. Frank further noted that the developer intends to put notices in the purchase documents to notify buyers that the adjacent property is zoned • RB. Mr. Frank stated that due to the trees, natural vegetation and wetlands, only "two small windows" directly abut the RB property. With respect to the length of the Street B cul-de-sac, Mr. Frank stated that the developer could have proposed to loop Street C with an ingress/egress to Woodgate Lane which would then result in the Street S cul-de-sac to meet the 500-foot maximum. Mr. Prank explained .that by looping ptrOet C out to Woodgate, the point of reference far measuring a,.Street $ cul-de-sac would be at the intersection of Street C and Street D. Mr. Frank stated . that the developer decided not to loop Street C oft to Woodgate Lane because it would result in an adverse effect of losing. significant trees and wetland. Mr. ?rank stated that the hardship the applicant would suffer if no variance'for the maximum cul-de- sac length would be an adverse effect 'bathe trees and wetland. Mr. !rank did not .xplein how the trees and wetland would be adversely effected without the variance. Mr. frank further stated that the cul-de-sac need not be shortened because the existing trees at the back of the lots at the end of the cul-de-sac currently serve as a significant barrier to the abutting RB property. /14312) PemI0 Mftemy 36,1995 ADV11OBMUNND G COaQIIDSSION Mir. Prank further requested the Commission to consider the applicant's request to move the curb cutout on Johnny Cake Ridge Road to the north to provide access for the future developed RB property. Mr. Prank explained that the curb cutout is currently adjacent to the backyard of the proposed lot. In response to Commission members inquiry, Mr. Prank stated that the applicant has no current plans for the adjacent RB property. • R resident of 1747 Drake Drive stated that he supports the development. Dan Dolan, the developer of the Wexford Addition development, expressed his disagrecsent with Mr. Flank's characterisation of the Wexford development. Mr. Dolan further stated that the Wexford development has received no cooperation from the applicant in developing the area together. Member Segal inquired with the applicant as to its "vision" for the adjacent RS properties,. Mr. Marhula stated that he has no idea how the RB property would be developed, that there are no plans at the present time to develop the RB property and if it were to be developed, 1D1W Properties probably would not be the applicant. Mr. Marhula opined that the adjacent RS property would more appropriately be used for business than residential. In response to ltamber Carlson's inquiry, Mr. Frank stated that ingress/egress to the southern portion of the p ed plat from Woodgatc is not viable because the slopes are steep and the vegetation would be adversely affected. Project Planner Ridley clarified for the Commission that the staff's request that the applicant shorten the cul-de-sac by 100 feet is not accomplished by picking anew point free which to start would measuring. Ridley advised that shortening the cul-de save a great number of significant trees and create a greater buffer between the RS property and the residential structures, in addition, the cul-de-sac would then sect City Code. Ridley further noted that the staff does not suggest looping Street C to floodgate Lane in the southern portion of the proposed plat. Member Meyl inquired with staff as to her the recent comiercial study results affect the subject property and the - adjacent IS property. Peggy Reichert advised that there is - currently a neighborhOod business center on the emit side of I= Bea and thus there is a question whether another Draw* w* neighborhood business areas are needed. )ember I . messed concern that.a roadside basins*, zoned parcel � be adjacent to a side-family develOp Bent which return serves as a buffer to the use to the south. Isberg stated that he is concerned whether side-afa*ily use is proper for the parcel and expressed concern whether /Nature owners of the single-family lots will argue noncoapatability when the MB property seeks approval for development. Isberg stated that 0( • hie» Fatinati2$,1995 • ADVISORY PLANNING col1ISSION single family is not compatiblat'with the adjacent RB zon d property. Member shortened and that g stated that tthhe applicant has made no showing of hardship to justify this variance in the oul+de-sac regulation. Member Msyl stated she does not support the l for the following reasons: (1) the subject property, sought to be zoned R-1 abuts property zoned RB which results in a intense use agalmt a high intense use resulting in noncompa tibili ; (2) a . change in the zoning is not necessary because the area generally a townhome/quad home development area; (3) the 100-foot cul-de-sac is de-sac variance is not justified because there a greater . need to save trees than to allow two extra lots; and (4) the area • is generally a multiple residential area and there is a potential for the area to use the subject property for multiple residential development. . Mr. Marbula stated that the 1990 rezoning to R-1 was suggested by the City, not requested by the applicant. Kr. Marhula explained that the City Council asked the applicant to do - a down zoning to R-1, but the applicant declined because of the money the applicant had already paid in park dedication based on R-4 zoning. Mr. Marhula further stated that to shorten the cul- de-sac would require the loss of two lots which "is a lot to a developer". Member Segal stated that the proposal to R-1 is a good use, but a problem arises if the adjacent RB property becomes developed. Segal further stated that the problem is net that the . subject property is proposed as single family, but that the adjacent property remains a RB-zoned parcel. Segal suggested that a transitional use for the adjacent RB parcel maybe to rnbcme use, not commercial. Isberg expressed concern that there Maybe a potential shortage in the future for R-4 development and thus may need this currently R-4 zoned property. Community Director Reichert added that the City staff has not yet formulated information regarding the inventory of property *coed for R-4 development. Segal moved, Wallace seconded, a motion to recommend approval of the Comprehensive Guide Plan Amendment tree D-SII, Mixed Residential (6-12 unit(/acre) and RS, Roadside easiness to D-I, Single Family (0-3 units/acre). • All approved in favor except Members Hoyle Isberg and Miller mod. Segal moved, Wallace seconded, a motion to recommend approval of the Rezoning from R-4, (Multiple and RB (Roadside Business) to R-1, (Single Family) for tely 3t acres. 02— Pase Fiinm►=11,1995 - /IDNISORY PLANNING CO ION 111 approved in favor except !Members Bsyl, tsberq and Miller opposed. Segal moved, Carlson seconded, • motion to recommend approval of the Preliainary Subdivision on approximates 52 acres, and two Variances to the maximum cul-de-sac 1 located ff south of Diley Road, east of t-35E, on either side Johnny Cake Ridge Road in the Korth 3 of Section 29 and the KW% of *ecstion 211. The proposed 63 lot subdivision is located on the rest side of Johnny Cake Ridge Road and Ms a net density of 1.9 units/acre, subject to the following conditions: • itanisamsarsuthala 1. The developer shall comply with these standard conditions'of plat approval as adopted by Council action on February 2, 1993: Al, Al, $2, 93, 54, Cl, C2, C3, C4, D1, El, Gi, and 81. 2. The Preliminary Plat shall be revised to insure all lots meet the ainimus lot width requirements. 3. Street B shall be revised on the Preliminary Plat to be • a maximum 5000 long cul-de-sac. 4. A 4500 variance to the length of the Street C cul-de-sac is approved. 5. The developer shall wise the Planting Plan to provide plantings along the common lot line on the north and increase the number of plantings along the freeway right-of-way. The Plan will require review and approval by staff prior to Final Subdivision approval. Atidivatistianda 6. The deveioper shall submit detailed plans and specifications regarding the construction of the proposed retaining walls. 7. To protect Pond BP-23, an ungraded buffer strip of natural vegetation shall be maintained which extends 15 ' test back from the edge of the wetland. S. The outlet for Pond BP-23 shall be designed to keep the difference in the normal and high water level to 3 feet or less. 2;2) • Pee 13 Piberey 211,1995 ADVISORY PLANNING COMMISSION Sts ar,_Drai naa.!Wat r Ouslity 9. . On-site detention basins shall conform to City . guidelines for rise and design and a cash water quality dedication shall be required for any shortfall in on- site treatment required. - 10. The developer shall provide • 12 inch outlet to drain • • BP-23 to the existing storm sewer line in Lane. The now rats of this outlet shall be as iden ied in the City's Storm Water Management Plan (IMP). 11. The drainage fro® the western portion of the site shall be routed to Pond AP-28. • ts1�t tom...111 12. The developer shall provide an 8" stub to the north to serve the Astieford property (PIMP 10-02800-010. 28). 13. Lots with access to Woodgate Lane shall be provided individual 4" sanitary sewer service and 1" copper water service. • 14. The developer shall abandon any existing wells or septic systems located on this site per Dakota County Requirements. Streets/Riaht-Of-Way 15. The developer shall remove the existing street opening to Johnny Cake Ridge Road and a new 8618 curb and gutter shall be constructed. 16. The street reconstruction project for Woodgate Lane shall be done as a public improvement project, and the • appropriate ct�f�i ia,ar to linal�a].lat � approved � City Council Pr p approval for Mallard Park 4th Addition. 17. The developer shall dedicate a 75' half right-ofd way for Diffiey Road along the north edge of outlet 8. 18. The developer shall dedicate restricted access on the final plat along Diffley Road across the north edges of Outlots A i B. 19. Corner lots along Woodgate Lane shall take private drive access from proposed Streets A & B. Pas14 M awr 25,1995 ADVDDRY PLAN)W G COM IISSION ZAKLDEUSatiOnLiracZnaszzation 20. ma developer shall pay a cash trails dedication. _ 21. The developer shall provide 56 Category 8 trims as aitigation for loss of significant woodlands. _ 22. T s dsyslopmr shall install fencing at the critical soot sone (a distance of one foot away from, the trim trunk for every inch in diameter as *assured 54' *bolts grads) around all trues depicted on the Tres Preservation Plan to be saved. - 23. The developer shall contact the City so an inspection can be performed of the preventive 'amours' installed prior to any site grading, trenching, filling, compaction, or , changs in soil chemistry taking place. All approved in favor except ![embers Nayl, Isbarg and !tiller opposed. • PLANNING REPORT CITY OF EAGAN REPORT DATE:January 18, 1995 CASE 0:29-PP-1-1-95 APPLICANT: EHW Properties BEARING DATE: February 28, 1995 PROPERTY OWNER: Same PREPARED BY: Mike Ridley REQUEST: Subdivision(Mallard Comprehensive Park 4th Addition), and Variances LOCATION: NW 1/4 of Section 28 and NE 1/4 of Section 29 COMPREHENSIVE PLAN: RB, DMI (0-6 u/ac) and D. (612 u/ac) ZONING:Multiple (R-4) and Roadside Business (RB) SUMMARY OF REQUEST EHW is requesting approval of a Comprehensive Guide Plan Amendment from RB and D- M, Mixed Residential (6.12 units/acre) to D-I, Single Family (0.3 units/acre), Reaonin8 from RB and R-4,Multiple to R-1,Single Family,and a Preliminary Subdivision consisting of 63 single family lots on 33.1 acres, including Variances to cut-de-sac lengths, and two outlots on 13.8 acres located east of I-35E, south of Diffley Road on either side of Johnny Cake Ridge Road. AUTHORITY FOR REVIEW aty Code a:apter 13,Section 13.20,Subd.6.states:In the caste of subdivision,the Punning • Commission and the Council =hall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable aty Code provisions and the Comprehensive Guide Plan. - B. That the design or improvement of the proposed subdivision complies with applicable peas of Dakota County,State of Minnesota, or the Metropolitan Council. C. physical characteristics of the site including,but not limited to,topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. • D. That the site physically is suitable for the proposed density of development Planning Report- Mallard Park 4th Addition February 28, 1995 Pap E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. • IL - That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance,repayment of bonds or similar burden. L That the subdivision has been properly planned for possible solar energy system use %within the subdivision or as it relates to adjacent property.(Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document ent entitled"City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization"which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations,references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. MCIARQUISWEISIMIX • _ A potion(44.5 acres) of the subject 50 acre site is part of a larger area that was reviewed as Area R(77 acres)in the Multifamily Land Use Study. The property owner requested no chews to the existing zoning and Guide Plan designatio s and the City Council denied poposed Comprehensive �Amendments from 6411 to aI and Rezoni m fro R MEWING coNDmoxs, • The property has frontage on I-35E,Diffiey Road,Johnny Cake Ridge Road,and Woodgate / 3 7 Flaming Report-Mallard Park 4th Addition . Febraaiy 28, 1995 Page 3 • Lice. The SO acre site includes 42 acres west and 8.6 acres east of Johnny Cake Ridge Road. The proposed single family subdivision is located west of Johnny Cake Ridge Road. This portion of the site contains rolling terrain, three wetlands, and many significant trees and woodland masses. The entire north boundary of the proposed subdivision abuts property zoned and guided for Roadside Business (RB). This undeveloped commercial • property is located on the south side of Diffiey Road between the DIffiey interchange and Johnny Cake Ridge Road. SURROUNDING USA The following uses, zoning and comprehensive plan designations surround the proposed subdthisiou: North-Undeveloped; zoned Roadside Business; designated RB and D-IIl: (642 u/ac) South- Mallard Park 3rd Addition; zoned R-1; and guided D-I, SP (0-3 units/acre) East- Undeveloped;zoned R4 and RB; guided D-II, Mixed Residential(06 u/ac) West- I-35E EVALJTATION OF REQUEST A. Comprehensive Guide Plan The applicant is proposing a change to the Guide Plan that will provide a marked reduction in the allowable residential density of this area. The requested amendment will change the designation of approximately 33 acres 6rom Roaddde Business(RB)and D-M,Mixed Residential(6.12 u/ic)to I?-I.Slagle Family(a3 u/ac). Approval of this request will result in property designated for s ggle fancily development abutting property already designated for Roadside Business development. One goal expressed in the Housing Element of the City's 1980 C omprehend a Guide Plan 'A primary goal of Eagan is to develop a well-balanced community with a diversity of housing in terms of both type and value." This Same goal was repeated in the at 's 1988 Guide Comprehensive develornent of promote •the tto high value homes during of$150,000) d �during the next ten years(1987-1996). Please see exhibit. Housing development in Eagan since 1988 has been consisted with these goals. The housthg stock is quite diverse in terms of type of housing. Approximately SS%of the City's housing is single fancily and 4596 includes various forms of multi-6tadly units. /39 • Planning Report-Mallard Park 4th Addition February 28, 1995 Page 4 1990 1994 Unit3lea numterigh numbarla 5435 Single Family Duple�az 438 9,340 2.37 6� 2.32 Townhouse 2,990 16.21 3,823 17.19 Total 1 - 30.48 U 26.12 Since 1990, 3,088 units have been constructed in Eagan. This represents a 17% increase over 1990. The vast majority (2,483 or 80% of the total) has been single family development Towuhomes have comprised about 14%of the new units and duplexes about 79 apartment units have been constructed, accounting for about 2.5% of the total increase. While staff not yet completed an analysis of the value of these new single family homes, it is highly likely that the goal of adding 300-500 units priced over$150,000 has been met by the 2,483 single family units constructed between 1990 and 1994. In the mid 1980's,the City Council was concerned that Eagan develop a balanced housing stock. The Council was particularly concerned with the number and concentration of apartments in the City. In 1990,the City Council initiated an evaluation of all multi-family guided and/or zoned property in the City to determine which parcels should be down zoned in order to promote diversity. As a result, 159 acres were rezoned by the City and an additional 82 acres were rezoned at individual owner's request. These properties were rezoned to a variety of classifications including R-2, R-3, LB, I-1, and PP. Since 1990, market trends have continued to support single family development and some townhouse development but there have been virtually no private initiatives to construct apartments. This trend has been pervasive throughout the metropolitan area. This requested Comprehensive Plan amendment to lower the density of this site from D411 to D4 would be consistent with past practice and anent market desires. The surrounding neighborhood also has a variety of housing types,both single family and townahcmes. There is one apartment comics in the area•Caiff Lake Apartments. Itmening - The applicant is requesting a rezoning of 33 acres from RB and R-4,Multiple to R•1,We Family. Approval of this request will result in R-1 zoned property abutting property currently zoned Roadside Business. - The RB Zoning District is defined in the City Code as an area with good access located and (1,3 Planning Report - Mallard Park 4th Addition February 28, 1995 Page S developed primarily to serve the transient population attracted by ate 358, the Minnesota Zoological Garden or similar facilities. Specific uses permitted in this&t rig Indude hotels, restaurants, service stations, transit hubs, and commercial recreational fades. design. Compatibility commercial land uses depends on 1�t .r t,suggested the developer revise the development plan to provide a: 4 that would include a mixture of residential uses that could allow greater between residential structures and the commercial property. For example,concentratbg townhouse units just north of the pond would allow the developer to achieve unit cow necessary while providing a greater physical separation between the residential and commercial areas. developer believes mixing residential land uses would not promote a homogeneous neighborhood. Increasing separation would reduce potential conflict between the two land uses and allow the existing topography and vegetation to act as a physical and visual Wirer because very little of the northern portion of the subject site would be disturbed C.Preliminary Subdivision CompligaziaLfintanadingAto • The proposed subdivision is compatible with the existing development to the south (Mallard Park 3RD Addn); however, the subdivision design could be strengthened to improve its compatibility with fumre development to the The site grade of the northern •r *on of the proposed single fly subdivision is generally higher than the grade of the • = property. The City can anticipate figure neighborlmod opposition to RB development north of the site. In particular,13 lots within the subdivision are adjacent to the RB property and,due to the topography of the site,there are a number of other lots further south of the commercial property that will also be wed. Staff requested the developer to reduce the length (by 100') of the middle cul-de-sac (designated Street B) because it provided a way to avoid a variance to the City Code required 500'maximum cul-de-sac length and resulted in an addItional 100 kit wide natural barrier of undisturbed vegetation ( .A. . a number of significant trees) between residential structures and commercial land. developer chose not to sake this change; however,staff believes this revision is reasonable and should be made. Doggy - The applicant is proposing a subdivision with a moss eke density of 1.75 units/we. Removing public right-of-way and unbuildable area=Asia a net site density of 2.1 milts/acre. Planning Report•Mallard Park 4th Addition February 28, 1995 . Palle d Las-The proposed lots range in size from 12,000 SF to 33,200 SF,with an average lot size at 17,800 SF. Except for Lot 22, Block 1, all lots appear meet R-1 zoning district Width requirements. The Preliminary Plat should be revised to insure that all Iota meet an 85'lot width-at the 30' front setback. Y Y YY�All lots appear large enough to accommodate all R-1 setback requirements. Late-The Preliminary Planting Plan is unacceptable. The developer should provide berag where possible and plantings to supplement existing vegetation along the residential/commercial common lot line as a design feature to provide screening between the two land uses. • Additionally, the Landscape Ordinance requires a planting screen for property adjacent to freeway right-of-way. The screen shall consist of a mixture of overstory and understory coniferous plant material to be planted to provide a visual screen at time of maturity.Lots 34-37,Block 1,are adjacent to Interstate 35E right-of- way. The Preliminary Planting Plan proposes only 23 plantings along the 440'stretch of right-of- way. The Plan should be revised to incorporate more plant material in this area to provide additional screening for Lots 34-37, Block 1. Gradine/Wet - With minor modifications, the Grading Plan is ble. The Plan should be revised to add terming along the north' property line of the subdivision. Appraodmately half of the site will be disturbed with utility and street construction and house pad preparation. The developer is proposing custom grading for 25 of the 63 lots. The developer is proposing a ten foot high retaining wall along the west edge of the cul-de- sac on Street A. The wall should be designed to incorporate a tiered approach with a mtndnmm five foot elevation per tier. There ire three wetlands on she that total 2.4 acres. The largest, Pond BP 23, is 1.8 acres and is designated as Wetland A on the Preliminary Grading Plan. The developer is proposing a miner fill(less than 400 SF)of Wetland B to allowtftr a house pad on Lot 17, Block 1. There are no alterations proposed for Wetlands A or C. Pond BP-23 (Wetland A) is designated as a sediment trap in the Water Quality Management Plan; however, the pond is pristine becaUse there is no off-site storm water directed to it currently. Staff is recommending to the Advisory Parks, Recreation, and Natural Resource Commission (APRNRC) that the developer maintain a 15 foot natural, ungraded buffer back from the edge of the wetland and that the outlet for Pond BP-23 be designed to keep the difference in the normal and high water level to 3 feet or less. t( Plamdng Report- Mallard Park 4th Addition February 28, 1995 Page 7 SIZILDabliSeelideLChaiille•The Storm Drainage/Water Quality Plan is acceptable. The developer is proposing on site ponding(Pond N-2)for treatment of storm water from the eastern portion of the property so that only adequately treated water will discharge into Pond BP-23. The design of Pond N-2 shall comply with NURP standards by providing a ten foot aquatic bench and staff will work with the developer on the final plans to provide • greater inlet/outlet separation. The developer should provide a 12 inch outlet to drain BP- 23 to the existing storm sewer line in Woodgate Lane. The flow rate of this outlet shall be as identified in the City's Stormwater Management Plan (SMP). The western portion of the site should drain to the existing sedimeni trap(Pond AP-28)as identified in the City's SMP. Pond AP-28 is located west of the site within MnDot right-of- way and has the capacity to handle stormwater run-off generated by the western area of the proposed subdivision. Staff is recommending to the APRNRC that all impervious surface runoff be directed to on- site detention basins prior to discharging to BP-23. Onifte detention basins should conform to City guidelines for size and design. A cash water quality dedication should be required for any shortfall in required on-site treatment. Mafes - With minor revisions, the Utility Plan is *acceptable. 'Sanitary sewer and watermain are available in Woodgate Lane and watermain is also available in Johnny Cake Ridge Road. The developer should be required to provide an lf' waterman stub to the north to serve the future development of PID# 10.02800.010 (unready owned by M.G. Astleford Company). The developer should abandon any existing wells or septic systems located on this site per Dakota County Requirement Access/Street gn - The developer is proposing two street connections to Woodgate Lane. Nine lots are to take direct access to Woodgate Lane rye no direct access to Johnny Cake Ridge Road is proposed. Corner lots along Woodgate lane should take private drive access from the proposed Streets A&B. The two streets from Woodgate Lane result in three internal ad-de-sac streets. No (street B and street C) of the three require a variance to the City Code allowed 50©0' madmen cut-de ac length As m rationed previously,the variance request for street B can be avoided with minor modifications to the subdivision design. • Street C brandies off of mat B to serve the property to the west. This SW street could loopiaetland (B o P connect��tesnne significant would cause a negative to tin The proposed subdivision will eliminate the need for an existing club cut on Johnny Cake 44. Planning Report- Mallard Park 4th Addition February 28, 1995 Page 8 Ridge Road. The developer should remove this opening and construct a new B618 curb and gutter at this location. -Dakota County will require the developer to dedicate a 75'half right.of-way for Div Road along the north edge of Outlot B and restricted access along Dinky Rood for both Outlot:A& 8. Tres Preservation Policy-The Tree Preservadon Plan is acceptable. The proposed removal of significant and specimen trees irovithin preservation guidelines and will not require II A s 6 significant on �be removed which d d Category � .Reducing the length of the Street B cul-de-sac(as discussed earlier)will save approximately 20 additional significant trees in an area adjacent to the commercial property. Prior to any site grading, the developer should install fencing at the critical root some (a distance of one foot away from the tree trunk for every inch in diameter as measured 54" above grade)around all trees depicted on the Plan to be saved. Once this is completed,the developer should contact the aty so an inspection can be performed prior to any site grading,trenching,filling, compaction, or change in soil chemistry taking place. Park„j di -The park dedication for this development has previously been satisfied with the dedication of land for Downing Park. The developer will be subject to a cash trails ded ation. • In reviewing this proposed plan amendment and rasaning,consideration should be given to how single family development will contribute to the Cm's long term housing and land use goals. • Front a citywide perspective, the requested guide plan'amendment will not preclude achieving the try's keg term honing goals for diversity because overall,the housing stock reflects a good mix of housing types. Within the more ate neighborhood, time is also a mix of housing types in that there are both single family and townhouse developments. There are few apartments in this part of the city, however. The Thomas Lake apartments are the only apartments in the area south of Difiley. This is 3 Planning Report- Mallard Park 4th Addition February 28, 1995 Page 9 largely the result of market forces over the past five or more years. Despite the availab0ity of R4 zoned land in the area, there have been no recent proposals for apartments or condominiums in the city. The market for apartments may be t back, however, as evidenced by some of the concepts proposed for the Central Area. , the City wants to reserve any sites for future apartment or condominium development, sites with access to collector and arterial roads such as Dii ley or Johnny Cake would be appropriate. If this 30+ acre site is developed as single family, there will be a 7 axe site zoned R-4 rig in the neighborhood. Mir is the site owned by the U.S. Postal Service, on the east side of Johnny Cake. It is also conceivable that the parcels abutting Diffley on both sides of Johnny Cake,currently zoned RB could be developed as moderate to high density residential The site north of the Post Office property is currently guided DRII, although zoned RB. in terms of the subdivision proposal itself, the potential conflict between residential and conweercial land uses could be greatly mitigated through careful she *out and design. This report has suggested several design modifications to enhance long term compatiib0ity between the residential and commercial areas. AcrunIQJILCONSIDERED To recommend approval/denial of a Comprehensive Land Use Guide Plan Amendment of 33 acres from RB and DM to D-I. To recommend approval/denial of a Rezoning of 33 acres from RB and R-4 to R-1. To recommend approval/denial of the Mallard Park 4th Addition Preliminary Subdivision. Approval subject to the conditions listed below. SlitilditutrAllditismi L The developer shalt comply with these standard conditions of plat approval as adopted by Council action on February 2, 1993: Al,B1,BZ, 83,B4, Cl, C4C3, C4,D1,El, 01, andHL • adilllillAtalliliibtillll 2. The Preliminary Plat shall be revised to insure all lots meet the minimum lot width requirements. • te( Planning Report - Mallard Park 4th Addition February 28, 1995 Page 10 3. Street B shall be revised on the Preliminary Plat to be a midmum 500'long ad-de- sac. • 4. A 450'valence to the length of the Street C all-de-sac is approved. Udnitiaping S. The developer shall revise the Planting Plan to provide plantinp along the common lot line on the north and increase the number of plantings along the freeway right-of- way. The Plan will require review and approval by staff prior to Final Subdivision Q . 6.. The developer shall submit detailed plans and spedfcattions regarding the construction of the proposed retaining walls. • 7. To protect Pond BP-23, an ungraded buffer strip of natural vegetation shall be maintained which extends 15 feet back from the edge of the wetland. 8. The outlet for Pond BP-23 shall be designed to keep the difference is the normal and high water level to 3 feet or less. • 9. On site detention bas ins shall conform to City guidelines for size and design and a cash water quality dedication shall be required for any shortfall in omsite treatment 10. The developer shall provide a 12 inch outlet to drain BP-23 to the existing storm sewer line in Woodgate Lane. The flow rate of this outlet shall be as identified in the City's Stormwater Management Plan (SMP). 11. The drainage from the western portion of the site shall be routed to Pond AP-28. Milks 12. The developer shall provide an 8"stub to the north to serve the Astleford property (PID# 10402800410.28 13. Lots with access to Woodgate Lane shall be provided individual 4'sanitary sewer service and 1"copper water service. 14. The developer shall abandon any existing wells or septic systems located on this site per Dakota County Requirements. (*("( • Plannhg Report- Mallard Park 4th Addition February 28, 1995 Page 11 $treets/Right-Of-Way 15. The developer shall remove the existing street opening to Johnny Cake Ridge Road and a new B618 curb and gutter shall be constructed. . 16. The street reconstruction project for Woodgate Lane shall be done as a public improvement project,and the appropriate project shall be approved by City Council action prior to final plat approval for Mallard Park 4th Addition. 17. The developer shall dedicate a 75'half right-of-way for Dlm y Road along the north edge of outlot B. 18. The developer shall dedicate restricted access on the final plat along Diffiey Road across the north edges of Outlots A& B. 19. Corner lots along Woodgate Lane shall take private drive access from proposed Streets A& B. Parkikdigatisualmarasuration 24. The developer shall pay a cash trails dedication. 21. The developer shall provide 56 Category B trees as mitigation for loss signfcant em 22. The developer shall install fencing at the critical root zone (a a of one foot away from the tree trunk for every inch in diameter as measured 540 above grade) around all trees depicted on the Tree Preservation Plan to be saved. 23. The developer shall contact the City so an inspection can be performed of the preventive measures installed prior to any site grading,trenching,filling,compaction, or change in soil chemistry taking place. Le 60' FINANCIAL OBLIGATION•Mallard Park 4th Them are pay-off balance of special assessments totaling $197,450 on the parcels proposed for platting. The payoff balance will be allocated to the lots created by the plat. At this tae, then are no pending assessments on the parcel proposed for platting. The estimated financial obliged=presented is subject to change band upon areas,dimensions and . land uses contained in the Bead plat. Based upon the study dills financial obligations collected in the past and the uses proposed for the property,the following dirges are pro, Bed. The charges are computed using the City's Edding fee schedule and the cnmectiana proposed to be made to the City's utility system based on the submitted plans. Improvement Use Nate Quaadty Amount Lateral Benefit Sanitary S.F. 19.20 . 761 f'f $14,611 Seater Lateral Benefit Water S.F. 19.30 761 ff 14,1140 Lateral Benefit Storm Sewer S.F. 21.70/ff 761 ff 16,514 Trunk Storm Sewer S.F. .076/sq ft 434,200 sq ft .J2.222 Total ELM 1 (4- 7 1988 COMP GUIDE AMEND. 1) General - A primary goal of sawn is to develop a well- balanced community with a diversity of housing in terms of both type and value. It is also a goal to cooperate in providiar.the city's "fair share" of housing to serve persons of low and moderate ioouees. Thirdly, it is a goal to Continue to carefully monitor the platting and development of residential areas is order to achieve good planning to promote and preserve residential land values. ' 2) Nigh Value lousing - In addition, this city has identified (1166) a defioiency in the number of high value rest- dential dwelling units that are biting developed each year • in order to achieve a balance in the type and value of housing units. It was dethrsined that only about 10 . dwelling units or less than IS of the now housing starts are above $110,000 in value while eons neighboring oosau- • 'titles average 10 to 100 units per year. It is a goal of the city to preset. the development of • 300 to $00 high value dwelling units tin excess of $160,000 value) during the next ten years. (1981 through • • 1996).. in order to achieve this goal, the city is !a the process of adopting the following policies: a) The city will identify those areas best suited to high value housing.' b) The city will establish coning standards that will protect and promote high value hewing is certain areas. • • of The city will attempt to provide financial incentives by reducing but sot eliminating up-front development • costs. • 4) The city will work with developers .to modify engi- neering standards where possible to promote desired development. of The city will actively promote high value iswlopsent through a housing fair, mini-parade of hoses, trade show or siiilar,evants. 3) Density of D vel t .. It kiss b� a goal of the city Slow the devt�ts seasonable tlesibil- .ity: in det.rstains suitable residential density since density is guided by several factors !winding market, • , .terrain features, traffic, adjacent development, city services and similar influences. 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Z:viir.&/%,1... ir 4 Ai 14 ...k.hltelk, )1;c114111) - SINNANOS i 111, Nik 4t 44x i%be I hit 1:1114*14 0. 1 ..:.• ". . ... , 2 .. . • 1 1 .1 * 1 ....,......, , .... • IV 41,14 re 3(14,11 :1110( e .411,11,10k r„,.....• . • • V11111 c..0 141P.L k 15;1) )1041X v.,1! .1,, -yr - , ,.. ." tita• a . I • . .* .. • 6. ito . I 'Ith _-.0■11prirrint\117 -, • 1 . • 0 • 11111k II a at• , Tie ii i 1 I • I sii) 6 a I * ...I, • r •-.! . • Agenda Information Memo March 21, 1995 Eagan City Council Meeting EMERGENT COMMVNIQATIQNS LEGISLATION FINANCJAL REPORT C. Request Ibr Financial Support,'Minnesota Emerging Communications Services Mt of 1995"-At its meeting of March 8, 1995, the Cable Commission considered not only a resolution supporting the Emerging Communications Legislation, but also a request from the League of Minnesota Cities and Minnesota Association of Cable Television Administrators for Snanclal support of the additional work necessary to draft and support this legislation. The League is suggesting a contribution of$.05 per capita. Because both cities have populations of approximately 50,000 people, the Cable Commission is recommending a contribution of$2,500 from retained franchise fees from each member city. For additional information with respe to this recommendation, please refer to the staff memorandum enclosed on pages 1 through AZ ACTION TO BE CONSIDERED ON THIS ITEM To approve or deny a request for financial support for LMC and MACrA for the "Minnesota Emerging Communications Services Act of 1995,"in the amount of$2,500, to be funded by retained franchise fees. e I 6 Ka rC. iEAGAN CU.I H COMMUNICATIONS AaZ COMMISSION 3830 PILOT KNOB ROAD,EAGAN,MN 55122-1897 m (612)6814608 • FAX 681-4612 • TDD 454-8535 MEMO DATE: March 16, 1995 TO: Assistant to the City Administrator Hohenstein and Deputy City Manager Tom Hansen FROM: Mike Reardon, Cable Coordinator SUBJECT: Cities' Financial Contribution Supporting the "Minnesota Emerging Communications Services Act of 1995" BACKGROUND, Submitted with the League of Minnesota Cities' "Minnesota Emerging Communications Services Act of 1995" (Act) resolution, the LMC and MACTA co- authored a letter which provides a brief summary of the Act, the financial expense associated with the research, development and campaign for it and a request for financial assistance. Attached is a copy of the letter. As the letter indicates, LMC and MACTA are anticipating that the total cost of the project will be close to $90,000. This cost covers both the initial legal research.of _state and federal telecommunications rules and regulations, the necessary re-drafts of the Act and lobbying efforts. LMC and MACTA suggest a $.OS per capita contribution from their member cities. Using that formula, and rounding off the Burnsville and Eagan populations to 50,000 each, the financial contribution from each city would be $2,500. At the Cable Commission's March 8 meeting, the Commission thoroughly discussed both the philosophical and financial support of the Act. The Commission recommends that its Member Cities support the bill both by passage of the resolution and by a financial contribution of $2,500 per city. /517 To date, it has been assumed by LMC and MACTA that many of the state's smaller cities cannot, or will not be able to afford providing a contribution and that it will probably be the burden of cities with franchise fees such as ours that will provide the majority of the contributions. To date, there have been approximately $40,000 pledged by the metropolitan area cable commissions and/or their member cities. DISCUSSION, it is staff's understanding that it is rare for the LMC to solicit financial contributions from its members for legislation. Although the costs associated with the Act are expensive, both the LMC and MACTA have determined that "passage of this legislation is critically important for cities". No current state statutes insure the protection of municipal rights-of-way as this does. There is also the potential for the loss of hundreds of thousands of dollars in revenue due to a lack of protection of public rights-of-way. For example, under current state statute, if U.S. West or another telecommunications provider would provide video service, it would not be required to get a franchise from its cities and therefore it would be in essence providing similar services as a cable company, but would not be required to play by the same rules. This bill does not require franchises, but instead assures that ail video providers must adhere to the same regulations, including fair and just compensation for the use of the cities' rights-of- ways. In addition to the protection of the cities' public rights-of-ways, it also requires that video providers include public, educational and government (PEG) access provisions and requirements as are currently required of cable operators. Finally, the bill encourages the advancement of telecommunications competition, while at the same time ensuring that the playing field is level for all competitors. CABLE COMMISSION AND STAFF RECOMMENDATION Both the Burnsville Eagan Cable Commission and staff recommend that each Member City contributes $2,500 from each City's retained franchise fees. The Meer Cities' policy is to use the retained franchise fees only for cable and communications related purposes. The use of these funds in this manner would be consistent with the policy, and would indeed hopefully ensure continued use of such funds in the future. ACTION TO BE CONSIDERED That each Member City's Council consider the appropriation of $2,500 from their retained franchise fees to the League of Minnesota Cities for the purpose of financial support for the "Minnesota Emerging Communications Services Act of 1858". /C-7 i ` ,•�:r.}`� «t:��Y 14°. t'•`•1 t'• +, : = • • * ••4' dt t��iT "14c"14ci r' • aI League of Minnesota Muol oii►I�1 llott o•. . - �Citles °• oNsw TELkviste* NIgNr1 riwoks • February V., 1995 • Dear Colleague: • t Cities in Minnesota are facing a crisis. Like municipalities across the country,they are. threatened with has of their authority to manage the public rights-of-way on behalf of their -citizens as giant communications companies prepare for the 1990's version otthe Land Rush. In an effort to retain that authority,the League of Minnesota Cities(LMC)and the Minnesota Association of Community Telecommunications Administrators(MAC,rA)are promoting legislation that would: 1. require anz new telecommunications service to be subject to permitting requirements for the use of public property and rights-of-way to deliver new communications services for profit; - 2: require any new telecommunications service to compensate municipalities for the right to use public rights-of-way to deliver new services for profit; . . 3. require any new telecommunications service to reserve capacity on its network for public and governmental use;and 4. prohibit redlining of service territories. We believe that passage of this legislation is critically important for cities,and we urge you to immediately contact your state senators and representatives to support S.F.620. Companion legislation soon will be introduced in the/louse. We have enclosed an overview of the bill. We have also included a draft resolution of support for-approval by your city council as a follow-up to your contacts. The telephone industry in particular is lobbying hard against this legislation, and timing is critical,so please call your state legislators as soon as possible. MACTA has led efforts on this important issue. While well worth the time and effort,this project has been expensive. Therefore MALTA is asking.for financial contributions from cities and cable commissions to help fund both the research and the campaign for this legislation. The total cost of the project is expected to be close to$90,000. This includes everything from the initial legal research of both state and federal rules and regulations pertaining to telecommunications to the re-drafting that is necessary to respond to suggestions from interested -over- © parties,including public works directors,as well as industry groups. The suggested contribution rate is 5 cents per capita. Cities that collect cable franchise fees may want to use these funds for your cantribution. Please make your checks payable to the League of Minnesota Cities which will save as the depository for funds. • We appreciate your assistance and support.• Feel free to call Cdralie Wilson from MACTA(482- 1261)if you have any questions about the project. Regular updates will appear in LMC and MALTA publications. . Sincerely, r Jun Miller,Executive Director Denny Kemp,President LMC MACTA • / ( 1 1 MINUTES OF A SPECIAL ii*ETIff3 OR's EAGAN CITY COUNCIL Mhusso% • 7, fite • . A sped � ;? ,s . �*, .. T o u c h t wok?,1*st l p►nn at the Nepam Municipal Center. Present ,• ; (.'a a Wachter,Ar,end Math Hunter arrived at 500 •_ Also . w_ere tit 1 j/a Tom • • Director of PubMa wogs yam �iz; i '3 r . iif Remedios•PciCfieiPas 1i � . ' . , Dorothy Peterson. • . CONSIDERATION M�!AL NTIER ADDITION AND NG,. OS .• • Administrator Hedges nvilw sd' ` .• ' y are 11 1/2%war� The Itomawith the p ov was the bid •f i corn e. hthe bid_p�even _ they came in MO. They f .' chap , fr hurl WO' Biter, Hs noted R is trnpo eat to meihitsltt the IY/of the • . • , tai Id begin I vel or qty skater to the with tale police facility. He noted that several , y ''' : ' .to deal anrsra0e- o - wt noted thed Ct)tr l�9M o '^ # M it to de sh u the bt anti rebi d it. ?hat been rseaarched, ,,s, world be significantly Maher.- He noted'another` rslu d wet _ room is needed. He hear provided on the types t events e's a town-is used Relative to the bids,Administrator Hedge"; :x;r: for materials is and servos are going up and R was not�• r::*1: g r••' •'''7 Councsmen*erli a asked ;�, -ofrketagevio . Awed*rice inded thatthere shoddt'tbb.ann' `; •• •V. . �a able to It. Mace Stowe,the Obmit'tacllon Mete ger for the project*Wetted ttir bit shortage of almost . . all tradesmen in the metro area,and materiels costs are contkOng to go tap. His nom Of.is a shortage Of alrernlritavi,aaiitl that stew has 0,4004 In the lace 43 son He in04100**WV, for a cq p tl�M melt t: vetiver, the is no � of rte' now. The wig bid . amounts fire cac innpatltive,nand the pabrA . . ;:: Good nemberAwade • . . . .. ... . a tl nythe lEatitt oh1't erTh n_ t, �e •rf •'• � make In th♦packs fad�7ty. Mace 1° r •1 +'1;'.1�e a• r ♦) . .•, •' . ` We�.) thaws a9oNn�� '� � � fbdures are m.snI sand Oita aO b Ice et0 atwa \ '��4',!' � 5�i4'' erg 1 5 * "*,•43•04. the M� th rlrn the pal F err,says r the Oeuri i�� th I a a the a timees• Dewey Tlhorbsdc,the architect for the project,added that the Municipal • has about three ems as many Ibeures as the poke ., a ~ The prepared,i<arls`COt�have banain • � „ ,�s � �„ �rr< doesn't lave thett dpdonn nd►w. its .' Council .',. - _vary fkmtY its failings an tthe •.............z.:•:,...:44::: • • r MOM SPECIAL OTY COUNOL IMOSTIESi WAKII4 T,$55 r, PAGE a : . • : • :0, . Councimember Hunter noted that:WOW.* ,,, .. to*makes this building and buds new fssitY- it Is sty stidnewslY higher d'il„.„... -VOW. ''. .. bids. Councimsmbe'Wachter stated he doesn't think rebidding wit save any:Abney He thin*: w1 only cod more. He doesn't feel cmnfaildte with.the bkle, but*evil ese4eys the Council glIg..do anything but move ahead with the Plea . „i „._,,., .A.„., ,d.2._ ,***AV:eN) , •* f * .%! * "Ilirlikr9.1111,111 * . ', I.,. . Mt eedmatewas, Shit*** '7 wrong She the plan we grandiose. -She thillitaisSt Milk; • '. • • • **di*; • . ‘'' ..' . . If Moulin were chimed. 1`• • - r igikPrred 10 the rOPOt0440MOPUOY MOM , H.lidnetad What he WaS looking for ki .* ' , .' • le. iltsperkt04$0 .4.4efie... . . .. the use would be. similar to qualdciir ' , ' Alti: . ' , • lo provide ineedng room Ilitlissilii, CorsiiistiOst,Med" — ' ' '' 4 • Eye kfuniolgef Cater shemeetioned , - • . • • or*WO* duty It cold be 4* Ccsiacitromber , - - .• • Ipparkwei.01 the CM*Mina as a ...st iw y. 'm.m iwortFi gie' Hedges _ .liniLn 1101,* .'„ .' "...- ' the CanlinlinitY room.° ' ' ' + ' : - :.,c,_.,.•••:-%:•*,,, : ;;; .• 7: •:;', , Whether thi'council chambers' 'lete • Alit%Atli ''' . ' . 'Counalhaamber Awada dated that . this'll,*ddrd-drISSOIS inisst -1440dt.gibse,:,,,,,i;z:at 11014...COuncimotiber WA*"stead he dieerithlehhe . . Arena 14 me ournnemityroorn. 4 will be used for a . , • • , .,. , .„ Øistnbers 11119t-not be needed JEW, but It wit be needed '' • A ' tm' ' ' -• "•` •' Ms* , . lt-MMs Aistklef.znet Just-what Is needed,now. , . • ' . ' ' .. ' • ••• however,*it concerned there won't be any money left In the Community Wad:mint Fund. \ ••-•-:::.*:::;?.i1:;:;::::::::::.:.... Mayor Egan noted that a mistake was Awls,akititulekloned whether a claim Is in*wt. He noted themban . ,. , 11 lid . ' fault. * • • • , kumpenelve to pursue and ;MOM det Int*,, , .,1, - - ,:i, 40"sod• a • ooutobleutioni woo morgoopi the .. ," ., , 4* /: • ifr•, t,....e4.18,p00,,,,, . / t ORnipprn , ,, In that Ms* to prom , ' , . '..... '-••••.' • tom dated he feels there was damage, because the Council would hive modillek,.. -design to flt kto the Wog If the costs were estimated • WS** The COM!'400.1q4Y,that Vial * new,and thimbles thernumwe. A rod.1140 ' it*buittoWal- . - - and how it .. ,* • sat IS sontraSts with thit•srshkest oid ' • ' 4 ' . ' , , ', that . • • • . dintkela*)di*ere ePloaditsestY - - $160.000. . • - Indicated • * , • , t , hle • - - - so 4 the building were•redesigned, the Cky would Net have to • , ' ; . : ';'. • • - Considerable discussion. *SikkoonoeMlnefolktwed WO:AIM ' 1°04 Mayor t j+ ' . ••• • -• -* : • * * he 00A . . . . ' ' ' . pointy"st*Oce of many And and there , 1 ,, a,..". • . . t=- , . 140_be_t1te2s n0 . rlF ktpe1 , 4w1e,4_e11 1h11Yllafwk lwtoo1h_w a101n1, a - alla 0MOO A t of thopn i h ionwnt aathNns i i - . '''- idialidochcaming the aanieuctiah inanapionsotpracassiad haw k walled fat We • Wilict, ,- - - • Palma sow , • „ Councftember Wahl stated that the time to cancel t4.4: rojoct was ebc months ago, not now. Hower.mil , . )1,444,wol - ; ,_ ,,gougkopiejukki ,..,. , _ „Hwilgee noted that**Plane Pit 11101111 hiefill .'117"- . I* , . ,, ,.,,..,,, ,..._.,..4)4, ,,,. ..,,„,,,,.„,,,../ -11111.401114,could cherubim,and otge , , - - ..,., sv, - .:. ::-'-'„ . Amu ere wiry basic. r0014 klre -• .,...... ., V:0e.. :tie0 • _. - FAWN SPECK OITY COUNCIL.PARIUTES;MARCH 7,1565 PAGES Comcimember Wachter sob the kmortance of plarvikig for the future. If die IWN council chambers is eliminated, the Cound • plan on adding it later because the heating and ventilation • • if the Council waits, won't work. This building is iv ‘'• •" ‘ft oho ' plan that will costs will just get higher: He . ' • • • Inthis be%vested. Mayor Egan stated that V the maIki:Aoncem Is the council chambers eliminating it would bring the project close to being within budget Cdthiclirnember Mash noted that some redesigning would still be needed. After more discussion,it was decided to further discuss the options at the regular Council meeting. The meeting adjourned at 6:00 p.m. • waltrit DL? • Date City Clerk • • • ••• •• NO; • :•:.:•:•:•:•!:* • • • 1 • MINUTES CF A REGULAR marmot OF THE EAGAN CITY COUNCIL •. '6"c% • • nrOviar Intretinli alum*Ian ;Council van hold - • used',/,'ISA 0:00 P.M.Ilt thelbesn ihmielpal Center. were .) • • .: • &nide,Lhib end flentet, prseithuiterte Car • CbiarPsgQy• • ReicJD oder ol Public Works Yeti • Skean. Egen. sddIt chdnad due to the School Dirks#10 bond inswing had to be postponed to*00 pm. Ha apologized*I Wty Ingorieniennettis Waged. OMR • - Community Doolopment Dkoctor ., for the Uhlman Ebnettuctbn•• rezoning has reed Ne km b.. 1.; .about the specie pc**racer grants. and Admkgentor Hedges suggested ttds be added; '•:the corkiMt" agenda. noting the Oat is for one °Meer,not two .Awele moved,Moab seconded a WiSion to pProve the anemia as anweided. Aye: 5 Nay: 0 •• . ••••••••••••;.: sistowit. „...tilookue. • Immo • MOIUTINIOlt Coundmetrther Nino"noted$Gorroction on pigs S th kit sentence!nth*ininPriding= by adding the word'°by OpteritititfAV doW—* Worehter , seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES O IIIIINWeitY17,1S1 ancaLlass101, Panda ITIOWId,Hunter seconded a • •„.,,• t fl*ii*N$SuIItLA5Niy0 : Rich Cabman, representing • = eakbiont.Or Oiled they• ktessted in loestktg in iwt,but were - •, f . ; is • , He figitieetele edinfieatideee$ d """w htwoutoriki * Germany. ComnamityDerstopment Director Reichert noted that tratimilibt th .• • as prindpsi use on an industrial lot. It is currently not pemdtted, She Indicated she can 041415 a memo to the Council tilativet0 Via • •• „., %%%.1 **** % Coundimenbor Wachter • „s• „ the riOddlints 01 Fagan nogarding hie vote on the Mean*Wily ••••., f ry" $. A>, Coundknenbur Iambi asked for an 61 the Azogiswei that forsitedloin the •spec police dim pant,and Polk*Ohl Glom eepleined * program. birigmdlolim& . • 001.111110 halliplidarke . tO gr.akinn far allialrike t9 ' Wi lhaelited and y the Oupokeindseit offiets. 00m: v.... •:••-• In roped to Item C, •we1 i* Mia** Center 9qiod P,tue softer some dscussion moms*a bid ansesien, Mash moved, Wachter ssoorebd dOlOtion to consider this Ism under new • • . - . • I - - 3 • ,.. moms art COUNCIL ilianall AMAIN I IMNI • ' PACS! . •;t:; N.'..120*-frZ.'CO,r4c,,,,,e ";:''' ‘,,i-x.',*-,.',-;,.' ..:.:.: <'‘'',"•:::0.4.• *t: _ .. - - • bulkiest Aye dstainv!1 Nay: 0 Councimendoent • = : „,,,* - ' ," . , ' . • thb Prefect Pdarin%vin0 ••,,N, , on Millen'un isreliens. '"'irof. •:=,:x ,,, • - ,...3 , .- ., , ',,,, 3 .„, ,33 3- ,' -, 3 . , .3 . • ,, Ikt, • . 3 . .• . . • ,' ' • - • Clasedintember Violas, atildaimia it ' ' ' :owY/F• 'I,N" f"Cr'. :4'''' "MI* ' ' ' ! ' ' ' ' 3• .. .,.': ' :,0 t ',it. , ,:‘; •,-„,.•-•,..- ,,,:-,,..‘ ' '- " , ,..-"' Coundknember Awed'stated she • ., 1 Writ this alternate • - , • shedd = ''''''": end . . 11'"; Its be emitted rodn about the nrki.up. Mayor - ' two Jan Hceseneteln Ms spoken , tie,old 34. ,- - added do typically,alternates we moved Ur ' - , • He le dempoInted he ki env/11ft to NNW Is )33=„;,,,ie.'"-...•- 3,?..00:::....).-,3 :„, ! - .3,..-,-,,,3- 4 itosistiom • • 44.... A.e•re , --• , , .0 0,0,0 ' , -,., t, ' 0,0 Item I. It lose seceinrnendeti to soosetthe reelanseen irseti)Ity ft*Nri lillm Stun. . item& Ivies recornmendedisimpersdsoireglek000iiiii*i*boidelpsersnas` - '. • • %kik ter 19115,ISO end Itn7. :-.4-, • :•:;:;.:::::-- hint* 11‘ieenfoninnonded3lossoprove gobbing et' a posentri beneorenreendedseStioluestiniendent , - L alOblitgeriliALnlisvalMtapPrOrer itisitkinibleslleinese far illbert Os. and Suthertund Heating-bro.es preeentegi;::•*::::4).. ;,,,, ,' . -..- „ , ,t +•;`0_ ,,.....,;:,,.:•,.:'',. t 3,, • • , C. . 0 e.,‘ I ■ '. 'I . 1 '." . lilt 4 a 4-, . , . ' WU. . .• ' • moved to ow business. A; ••0,. . I!''''',0.4, '''' ;,.'' . '''''' ',-3 t .4:•::::::::::: D. .3 . - .3 4... . .3. . . . 4.4' 4 . 4 4' '. 1, ii. ' kkesevelosetikendied e)approve droner eiders *X 01,41010nat id$04$146,14044iiictopit, , .. - ,,774.• ...._,......__k___a_.,..,,,,,.....,,, L . ,.., . . , 3. , 3 • ., , -, - 4••, 4.. - .. i - ,b,isseismorrsureerser to argent*15 '''. ',...,....- ..,,' ii4r.s*II*3 '1.*".t. : ,ast . . , , , • - •,a- . F. .. 3 ' .. .4.3, . . - 4 • 4 4 . ''. # 1 6. H 4 ."0 ■ ' li . Ili I . # . It WI 11000MMOndat 114141111141' - the ooseect to '' , . .. • , in the roman al$127.41111.103. . , , .'.z.,.„- -3.4:-....7., •.••••3•••...*,•,...„.:,,,,5 . .,: , , , ,, -•It• 4 ' ''..,4 V •,,,,:374 ',1:2', ,l," '''• .. ,.. ,,,,: . ,4,4)A;, 1,--,:•'• '''''.•' 7 I ,.. ID , ,,, ..,, , .• ,, A.,„,,,,,, ,, , k.i„ . . .•.,,,. .„.. ... . • H. . 4 4 „.. .,. - . 3 # NI,4 , • ft " ' . 4 * #' ' . 4/41( ...' ' . . . to orand Vie pedalo „, - •, zr,3, •...x.: , - .., tel. ' , .,, I.*efignmauggigatigiallighor, it vas toreernrsettded le centime Illes tient ter aso weeks. 4 It iscerserended 1)INSW041140. 11.00,16110109•POSF. ' . - - •-•-•.3 .... „4, 3 --- - ,,,,t.-1-. - •---4 ', , ....-,z . , ..,. ., ," -443".,4,-4414 .1'°I4r" "- 'C' ,, • .. fith allit 143Praill , :--'-:,...3., -/,-4.:33.-s-:.:,.:.:*..,:+.1•1.1.4 . . , f . p . •:** • . :"..: • _ _ i r • i . BANN MY COUNCIL M ai MANCH 7,ION L. fi+. +rl•: ,•1-.... La Y . r;°:.1.4. • s 1.'• ti .s • 4 4. rl•1 't.•ll 3o_ : ■tv.l'.*.• ;t. .: .:fi.'. ! R wee rebo 'irrlaflded 10 the + E ms ' - the p loft d(laded ptsA and *oscillations and the „" t.• • +p=T. ''l''.7. ''' •".,..A::." 1":''C•1 P . 4"'... :Win. + '_'y>{'.%. r y ap .7,';a. - .` ,fit'_ !+,,-7's' +,fir:sr...•x ' . ^ . . . t , :-,', i., .. irmapcs-,z <slx ,. . "x x, 'xg+».4x",omzi83"e ll s r al '�Y ;'q: q '-r'" -.. t,,,t rv.0-,,.., _.., ,. 4 24,-/-',',.'. 4R`j. R`F +y, ''3 ' r ii i• $11 to is i / K aY,',d' l' " ,i e ~`' = Ya • ' ' Yj•• .. P. .+. ., ,.�i1 , ,h., -{1 Li •Y6. i"•.i, t7 .l i ,ll It r000m 10fldad to ate~ • fiairatkin ot MI , _ s, 4• i ,; r . • ' on the AUpoct Relations ,wN t)rnmend d`t1Q adopt the R P . Weak'- W ,k It Val filioninarehit pct-, y e an low as :••••••••• . ...; Hunkr a „ ; Jye 5 P*y 0 V � c 4 P R Y •t 4 ' j 4•''''.:;:.i , ti c.` `..'f' .• T .t• . a . and Ramadan Parks tr otWaa • , . by Par ' ' . , �p� 1 to M1> r_;••••: :, R ,... ,ter, S t IMowed �< thn ass* a" a Pa t •. N} r _ Q � `r '' ` r aa . Mak stated she feels It ' J ttllli! .-' `-` 4' Y • :r J c:".."'-• '"..z':�'#� • honrovit.a�raad Mot pool was.waft*AIM for ' :,; N". 1 bu Pala �� „--,"'«' < f --...'7,-;,•'„,-•;,,.:...:•,:,...i' Y .4 wadin Q • • - - • t . . , itnertarr COUNCIL eleartlia Wasilli 7.Ms FACMI 4 . ; . •,.....,&•?... ,N.:;... ..;‘....,,Z::A . • •W.W.50■N. ,V`.5t.' . ... • • #c" . •"'. 1• - -';',-x ,. ■ N.%„.%, . . ,.# =#*#„,- 1 i 4'.• 4 ,:,4,4 4: $-Or. •r ' -4 YV = " ' MAL • '11 •" l' • ' ' 1 ' PC** , ' . .,.., . . . !. .fm rt, ...,.t-,_ -petto.... , = , , ,--. , 4v tl.k, = • a motion to - l'r • """ rapist dred Is cansideration by the Advisory Pads, Recreation a Mural Rooms Conwelestan, Mvhory 4 ... * 4' k # ' 0-*Iski ,t'. -•' A ' . AA. 4'OF at• ,Miloaltgae '15E4 4414.... 7.ri..... ... t ,0 4 A,- ,.#O.054• t44, r • Aik vila"ok Air 1 ' '•. iiwolekot, ,.. -44 ' • . w""' . # II,W. # . ' =. ' 400.110111111i 404;*4 NI N4,,,..,,, z1 Awada . ' vori • • . . . ::.'....: .• . ,' ' ....... .,,,,.....,,,,, :...,:::: •,....:•,...". - - ' 0 - •44„1 • -..i* 1•4,,,,,mme,;:1-,.. .04.43*.Act. ,,,`="=, - - ••ini " = 1 , * .1, r/. r%• er ' V{ 4 Of 4°..., eit ls , . ; 4 ' 4' .1441f a ■ Oar* • Develop:wit Mc.= , and mimosa to 114 estbsoks• loaded wed of DiackhavAc Road, done Ohre side ci RoIbi Lis. uwC0700100igningilY=APPROrARe4 OM li,chdf roPolt'OR iltioNKROPIL. DROinolin timid Nr:::•:. *- • , '',,1' ,.•,- , • . , ' fafifillillefent uses forrproperty.ard •- ',`.1* • . ' ' ''''': 4,* • • . • inecOrriPhY cid* kmd,they be stole betty provided bed „ ,414, ,.. **.He noted they deo have a reforedadon . pho fer the property. He asked the g- , L, .4t.fAY SY clin*Peas the Meta:40M Coned decision. Dwieloprowe ., "„") , ., • , Oecision Is cut cithdr contra Mr. Cocddwalle iliso Weld the ksue ci a waiver %; ` :' .."')'''I- , for improvements le Medd** .41L„tv,. • Milliiiiidentidithepdhdedication s- - .• r-',,,,- -,,,,i,,,, !;4„, , 2-4 -t,. .- ,. ,, , -',. -, !, ,•0 --,,,',., ,, •,c, - ,.,,' - ' , . . .gim jog* , i . mailiona , ViNtibrapie....A.A on the ' „• , ,, , • ,. .., -ew.„. ,„0,, „1, . tr, • .ffiumemPli, shoe they de requseting a dowrizonins: kW:VMS:IRE: • . , ; , -lg.,.pfAtt -. 4 coo ."0,- tiriftkap• #040•44 44' ,* '' * rfi= *44 • -44 .- -1,3ciri,,,.*.Ays!*Al2trwk=404101 ,, hoft liAt pod pIogstIo esP4iVallpi4look '4111001." ''''' doyens as possibie cn cited , ire , • and , , , . wodd to win . Inle -•sivr44,.*=4,==.* kreco-44-‘4,- M 0 114111111.4100$Welik, fli ow 0411.01=tomitoi 4 trees. litiptii ...L.,,•, , -, - = .<, . , Coundimeraber thread brigand... - . iis Is . telistatutierit soncerne ,...4.1,44,4 4,vottik.i.oto,,, „Asp* ,„if ork,,,.., , ,rot„ ii It • , . ,...4*,, ,. 4*,44-,..,-.041. ., ,..,„,A -, ;,.:. ,, , ...e, •..) 444.... ,... -• 7 A ' i. Al. ''''5 ,4 ,4.0, '4,,, mut be wood •lot,' , ',111,wAi °., *LI... 4'•'`'` 4,.`" .1";41' •' ,, , ': ' 110, = • „ - ... - -' 0111,010%.0-=',,,:. *lig- ° ' "' ‘" # ' •-•`-‘ = lots Wag amen • = . • , .. • , ,•,:,..1,• 2_ - • _ , , a . 4 ) • . EAGAN CITY COUNCIL MINUTES;MARCH 7.MN WES 7-y.:.4r:-....,P' :*. ge:: 4.'it.:,;,•.."4,.,,Ac.:(<,-;%-, e .:•••••:• -.4- • . - COlidaiiiiligplitineth. *10"WeltitatiVftlit 5k . 1,,, .,, ccer-and bt location bentsolved before the ling plat Dimon members- .• -s . to'.those - , . • % utsuntions for the preliminary subteilibt .:!,•,... -. ,...,....% ,,,x,.......•- . . . • ., Ayala mOved,Wacker sitOrded a .,. . .' .4,, - . ,.-. .;. .•.• . '..' • • . guide Out iimendmert . for Maplewood Development, inc.,/fleadthawk-- . ,i• 7 '`‘`'•• :OA' '''• - to D4 for 311 lures of bindles:seed . - north of Slyer Sol Rost*Silt of Hay 13 and west. , . Rood and along ether skis of Robin lank subject to Metropblitart Council review. Aye: 5 iklay: 0 . HUnter moved, Awed& seconded a indlortio direct gaff to Ogg to fezet**.strid preliminary subtnvision on the first Co,Uncil agenda fologing ;;.:,.,.'•- , I, .. :. . , • of dm comprehensive guide plan amendment. Aye' s Nay: 0 .-:,—ss. 4,.. „. :'• 4-4.4 i, .:..N 4.:. .....:.....09....,-...... ....••••,.....•,•• .ow;,,,,•- %.......:- ... - . V r00011.4: : ' ' NLI V it AMS, 4. •'". .. ••".700 4 .4 4.*. ..0'.4:,. .,7 ..4§iii:. • Mayor Egan ilitrudtged Oki itornialli .., W.,.....•.,, •*.: .% W9C411/41111* Pt V,111011.11 from Apr/aged to 01.1 arid Prethrikiiiicreibidetikiri • 'lass.- • 4'1\'..* tillt"toed welts! ortafgre 1.11,lo. Community Development Director Reichert gave a stalf report on this,noting the Planning Conittssion is recommending denial of this bogeys 3.does. ,... -.,; .,,for..•,.14,. ,....:•., .444,,•• 4 ,tots elan PMPartY *w;the proposed cul-de-sac pros**,potontig ' , - — . — • • . • - , .. *the east;the proposal pitalpt does not provide for a 73 kat rignt-d-witY • -,..•'.-- :• • ,fOr ow Roadi p11.0 ft sets froth,50 tont wide Itht-d- ortlY,tor Igrytnilltraet.el , -, 10 the.a)- • •,...;,,,:...,::?. 010viattscissaitt._ *Ws thnt*out en noted 000110 _ there sus sow*neighborigoct stiOcidlionlo I ''.,N f. :Mitottia children erre thideed end sheet as a _ • •••••••:'4;::::.!:*:::::::::::*.i.i.,•, play res. ' - .;x;k:iej$:::::::i:ai• . . . , ...a.;- . . .. , . PublloWorlortfillotor.ConPr,. : ' '',4, A . ,,i- . ...,,," forgiid„ 1st to consider. He noted It was 'AO,leflitt 7_ - .',..,-teK,':':t.'-'1,.. ::, :-.„,.,", .. $ greet as the other loatelyit ' ' davntoPet He the v4 ;" -' - --0 '-.1.•t .;.''.. -' :. '_'! • to ..!" - •' • ;.tha _ 10 saw a • greet Iry Withtia -phit4:. ! ":.•• - "'• he • - • Nke distitiortfiver-eit es =en to whether they woad Iis Nitideiray to hes thriagre iit,or Whither It should be a otiode410 as proposed try the deVeloper: Jim Waters,ciao/at-Development,revieweddieirProposid,swiderhileisettherearitinelhePlanrira Commission denied the . , . Hs ihdkated ,3 ,L, .,-.A.,:-. _ s,..: bend on ,_, ,. Snd tree pressmation '" Hihoted they recjztiod n., ,, -- ,,-,s•..; ---).;,: -•,-- ,r, 4:-- ' 7. !, • ' ' telethru greet. -Li*is'..Mori hies to bp . • 7‘ - , - , . - - . et tit**bit lie willingti troth withatittO 404 op with Ili . . .pirril#4t. - - , It 00siget*Wm*IWO, . =OWN*hardship. 4. klk1 cv., . r.::•: k:: _Ptihno WO* • -s' Cert.nsitniLmiltotlt., - . . .; • - ---...rs-::rilktftn: •*_-..., . _an 11.0KonnInd* boob doll- ' to 100, • • •• ' - . ,. . ..01#STN., -!Piro ••, , • , *.. . , . .,.. ..r .,.-'.-. -..400.., 112.7 bid-,- ,-,,•-e,,Ihn_. 011001111-111.31*.' itis bustabletigifiaglit bitkott ' - " "' Nils* • initoifiges coy' . -• ' •.• igoliginsertig . , standpoint for cuts and fills . . -,..,„„,•*, Georgell'Ogtt1070 COI Rood and WeoCtO it teroperay cd.de.eac to PS*ow PosotatYlf lt•Oro tIfinI In 111, t4,4,. .t.. ,44k. :''. 14,0#4 !:1 ---7.N91,48 ; ,*,••P°k• in oP0oottlontathlithitttltfont**10001.1.04* . •.',"•-• :•,'•......-,-. , ,,;•••;,- -?-!,....,"',. ••'..:. ,.. shistigenaoliffilkt .' "„ • *Sas" , ' '' ; _ -, :,.'4. apse-. ,:2 'ii.' ' ...2 ,,'„loas-,ottokey„ . •7.,• piennedholomit:Attonntinifies spots*the NS horde be ' " diridePed., „ .adieu , • surrouridigltar there et hest need.to the pbtented— els a thru'best -• ' - :-• •.. Awadastrited thid the Counclis :-:•:.:•.: . . . • 1 . , • SCAN MY COUNCIL MINUTElk IIIPAIN 7,1111 i PPM II . , ..,.. - . •• ...„., .:,.:::.*:.:.. tk....:. ,:o ,...,„.....4,4,...: . . ,.,. I u„,16.V,C•X4V,Xf.,•41....... II,PI . aket .6, 11011*, 11°010111041 . . .,.)it .•* 'ligifrelik. {6' . ' ., rakifing thil bit* to 6 ant WOO" '.t••,' • • : ' :''• • ha .,. ■ .4",:. , Mir oandriendde*waft oonoiOfpg the condItionopessed for the pretirrOwy stibiklAsion, end hav,it• • _team 10,0,00(044 Hose ": ., 7::. , . . snationlosehor IN.badcto the Sem** AVE $ NIIN 0 , :,5;40, : .•:•,. .......„.•• '• . -,0•,4,ak.W.• • ••• • • • feattfigGAILIONSON CONOVIMIM/TstAtal MACAO' Nader onsivad,Awe*asoondintamotlant000rtioue tie' s **. *if:A NI* 0 &taint' '4' ,- • '5:''''.‘,..,'.,".:',.-"' • • ; ......fs'i. . , mAilogAti . •• ••••,::..m. • :•:•:•.: k ?, ::::::•:. Mayor Egan ktroducadfidatkpm se sof % , •.-anwhOOara ,Chapter 1 1 regardkig extedor • bubinainsterialsromirementsfaM*1,00ka0 .i.44,., • • ofreotoritelcheft egdalnad Ow masons for thls Oitithitio . , ' .*:` '.`- - . the morOftedorle minuted by the 11.* Oomied00-14witer ,' • ....• , = ; ,. i,:,' , - ; :,,,, .: ,10 on wows:Went to Section Inenri mthaionsootho mon . , ,;--••••--.• r-. , . . -2 ' forindulow busegnos. As . 6 Nap 0 , . . . • ORDINAffea AMISOMOOMMINIOM OF MOSATOItKell Manit,....-0 .. ',Pim •APIPIR, • . .**.., ' • 0, . . ' ..,,ir • .. ',. -161-• ••„„ *k* •ills '' ' 11.04 Devokyrawd p . . hichat .. , . i . - ,' •-":, ,. Alp e(unsion.is the ir, the • ‘'. . . • • Council takes 00 days to m this,they wmft haw ta doetk)Wdcba the Council to request an , • She Pr"II Omits -_, When 1,+ - t-.,.. . - .• - .' - ligNillOned 10 Gary 41. 4:r WOWS• eit , ''' ' 's''' . oaths. *- , ,:II , *= c: •` .. • : if•...t.„,4 • • -,, • Woo focitiklhaer Olit Firiodotika, . ..°14.1r!, 0. 0 41110.9 .. %: .., ,4), ' . --, :- ., .,: . . 000mosb,sid thicilow . :- ,• %es snook ,. 0400 , Anew 0* „ ., , , • • . • *def he =mu wth In Utter that the . of Mw, • • ' the needs and oma of • Inalnasses as Imposed as lams businesses. • Egan concurred,weft he fails the Cy has dale mom forlanall,laelnamesiothopoef,yaw then,wiy othsr who,on'romereber. . f.• "Indnialblil - '..,,.;',,..s . -;.-: '-ec.";--s,' ' . : , *1 . 45,1111111110 PC0n,10• "P t.., , * * * * • ' • • •...;°''''.• . •, Soritor Ow routlioi seri ' mond* - Pe and • , ,' tuna.triecomary. . . x.;:,..: lo:::: • ••:. .. •. .. 4, 4,,,„:„ = )... • --- , _to. . • .•. ,..-, „4..• ,, '• . , , • *motion to • - OPPV, •' ' '' ' . -.4.. -. - ,, , ior Op --400,•••••Ati , - litn-, - - - , .• -Ii., ,"kow4-."'"' 0Wt 6 . -, 4-‘ • - • ,' • $0010* dew . isii ' , to ' Polati. Wu eatY tibia '' - • ' • •....: • __2 -' • ' 140 ' ' • * ' , 4 ' ;, ■ , —4-,''..''s,„,,l' ' ',, •' / mr. ,,,,, . , • - Ekdarfakattari Co. Illookinatar ..= ,, -, , , .` • 7:, =$:, - , , tioff,• ,' . . , :ftei - • ailmot istaoscri* 140-t:-, , , ',. :t4..iwt .4,-. .14. w *-144-4 . ..7',.' ..$00, , -,, fittest if bosun thsy dont giof • • .. '''''''' kern Plot Knob , HO'Oiled' ' ihil prOpcast lit 1 ' . . •..:,•• .0... . - r • MAN CRY COUNCIL MINUTES;MARCH 70115 MET k . -r on� ri a •d�. . . "R ' .. ::a• cY, gis moved,Hurter seconded a motion to . . variance requsik A 5 0 •smut/P1AR'Y Y*I if mAL 1 ED mo top mERWT . O��Ky C■�� ' CYCLE,INC iAM�VWft�' E(�j ' �'• �: • sorralisrod YMii' i'1 �" ltd. Director Rabbit gave a staff report on this project, noting that there Viits an error hi the Plailnkig`Oanwr alon minibus relative to etp Malin moved,Wa�tar seconded if: ' •. ' — ,.- :' i planned+dsvaloprrentto allow a•1000 attlteri tbbt tike elm�• 1. A toot square loot Pend*Cycle btayde llop is approved for Lot 1,�k 1,Oak Celt 5th*Worn. - a. ..4:7g4.7:, :•e . 2. The s0opr Wtte coned* �'tl ` 'ier.01111*Sbevelopmere for the prepowit Let 1,Slack 1,Oak ll*****OA' mot+ `tlae de to sum the fokari "Pinel.Site Man;Arad * Plan . s 3. WI aes.01.' nil `b'amitbyth. l +hire -3 l ce 0 e ' `iiil�l : ;, Vii° - 4 AE trash/r�soydhp end by> orad �• 4f11ia ji /nay!dlnp.analalan Weald wit the E. No window sips shell be • : .:::i:::.:•`•'�'•Aye5 � 0 `: Ms*: moved, Wachter suet* s motion,to appro ni the Oak ON 5th Makin pnilkt*sny subdtAabn,sores of one 1dt and Ore Rio ttNatttarwi �c0MUon s: 1. The developer and X 10 ; piltill* 11.Al,$1. e3;Cl,C2, C4,01,El,F1,e31 and Ht.�M lt1 • . iC1 on February 3, 1903. 2. Thellikeilty onbtrr rilb ns#01tii= ..il .=tie tionenktild alb ooricnsts • - aprons as shown on E d Pb 440. a: •0. The al„r ► t Y. In r use Witb the DirkatellirpislY DiPlinlifir OM t+if `!ii! s R illy. 4. mat sn shell e d lil t qn d at t em u►ort of tell 5 The deudepIr she it i isM rmsmftl ► 4 , : .may' 'e�t to edow the slope*.bs et 0.i , +, no I. The development shall cortstru�ot a • t%,!..!:**> Sty*swat seta*Ins state edpi or the easement to Mai the City to inspect and modrdild the Inc • . , UM ONY COUNCL NINUTIlk IMNON 7,NM PAO II •„ :•:0N• ,.-.....-4:- • ••.0, ,. •,-,,,- .-•%. • • ..■•.:'xN.,:.'-•''',.0• ".--4•-'' '' t . . 171. *MY lad ' „ lai011 Chili ,.;. 0 Pe*0,11.ON aulsom on IN MIL. 4 4v4, ' -$. ..;•:•;... ....... • S. 1ho00000Pment OMB be ' - ., - ' . ; . Stilik0 .1.1nok Aye: S Nay: 0 - . - Q.n:..4: 0-•-• 00%At 1119210104001001111 miltiontOMProNsthoCollannid UNPIN*WOWS 11001111011 In atmenianes noel Oltp Plleo. Aye: $ ,W 0 . , . AWARD CONTRACTS ' v..;-...*: **lip/S*0000MM PROJECT . ..., . -4. ••.....,00... • ..." - - . : s-,::, •,-,...4',, ....x. - ,.- , , MnYar Eliarall*lieRtolP4 . . ', .' ' '' , . _11* 60.11. Council relative 03 the amount et ehenOsiiders to thoe:pn the , . , .ine odgki&sumo teithinstes. •.. ' 4 on , . 01100( Paint to dote,each haves l' -1 , • astable to tote*::, ' . % ,..-:`... tad amoulpettkipased.$110,000 ki Mae*would accrue based an 1%for shrmeflittik* . • WWl revised budge would be S2,731,000. . , 1&& thWitatit - „, ,. olsoutAIS(kw e A' , * Z=", MI 1"um ' ' "4."-- ' 140114-004114:4 ' ' 111010014.10d0d that he wzol , sonatii., , , - due On' * 1 SRIATOISINION4 and OW tha to the het II* WOO bld dutiliiken,lintwOlabit aloostions costs waid*MN*also. He the noted Omit V tiOnstrtocOon were "'Wry;Inki v*Iter 1 potection thst 2 . ,% _ • , - „ - . ' 4,7;‘'.-,?,*-,'•. ' sents.esteereese with•con, 01K4 a deley. He reviewed the issues,and outikied fag .......:..... ifid Y:0401;ii L APP":4"4 101 bid.Ili ProSoniod. rstil*E14r oi lie MAIN*and construction MLNINIIN: ......A.K.•:.• ,_ b. Approve the low bids at presergliC hnd discontinue ihe undoes of ihe construotion nano" and drect INKII3d1d070 with an Independent project cooldlnenr; C.' "I=vrlliclvr.44ihn=sfs,:th...c—ttz..n.n.,,...t ,,„.. . ..n,„ . ...WKS NI WS switiod*the100101thiliOIOick . . coundmintortiurar*stud he Is . .• . . lie prniset hes gene. The code wig . otod000to.tokootile0M041**4000114 to MO?hOw. ,•lentrilleteleHNOOnNbading 011111 4• Cost ed.much. • . ',.::.. . . . MdmL Mid 00 thl-aitilgoomopt- . mua.sysotiotabidget aft*twit iiiiii, to be inform!ii the p •loWilat were se bIdJwN,and nom to be dont - *,:„ , ' , ,• , . ,• ' 011010,000 thole items be .4‘ aro VNIIIIIV ilsitiggneltri77341.11"df , . ,...s.;,,- ration Is lo moil the Siodystret crier. , Made ' . she the test the =is . abiRtlits1010110116 ha" In to .,<,,,..4,- -,. ..., the . . . .,,,,, :.'., .-. :.. ,'. ' r, On '110141$Stinks things am bo done~nap IN*hes lea felet in -, . = . • . ,. _,41.;..,ee,m; - e. who wowed with this Pella At samelfsk4 ibli Catildiet 10 RAY*11001r. q • .... •. ...:: • . • i - 1 EAGAN MY CCIRICL MIN=MACH 7,INIE PAGE II -,,,, .:,: :e :,',:.;:c..:':-4:\,'::;::N>Y.: • 00undknoinbor Hunter notedihit 4- tw" . •. , , ,, in lot OtOrtloenti hentweitiottlis. He knows they did everythhig they could* costa•'. - Eganccndgsdeetd - oaths mom*problem. the — , - . •rwid • • A. . Maid that , ' is no guars*,thst theme.be iny colt "lei °* • ':'''''' ,'` s '' ')4, 'ilbnie ; ,'`, s kertelteed SIMS And the Is a . --3,Ww thit . 'A. ..,„. ,„.,1,-; ., ,..,1.i4,1 0100011o • • • -...Sod It to molt acp=s. th* ' Courerfuunber . -1'; , `.'"\ • ';' IP.c.- '''' ,' ,,'511) •s. , Meow to is Icom. * coil Wler..,The electrical bid lethal*one that Is off. The rest ere in NW with the sotimste. Meted* • the ftoradi wit losirmsikaiwalling ISO by aOcliptingthls .. letyOr Stpufrabisf the tpaistlori at damps or err and City Manley Sheldon kidlcated he *gook,have to research - -.....:M.. - -...0.::::•:*:•:-::::::: ' ,,::*.*::**** ......:* COrmekneflOw Mluall atated Shot 1 As .- - . - , ,. . .the 0101111 di Ite MAIM do to corriortable going ahead vikh the pn4ect. Oho has Wein ,i ' . with the Witness but she tools ewe has been too mach time oxi effort tweeted in this. ••• b there anything to gain by not oak* shoed. a,. .4:,:i44,la ....til."5.:1:4; t,min...4,M °4-1,;;;..... wv:t`s, ' •::.,.:-. s:•:. v.•40.• Croficimember Made rebooted that she Is not happy with the process: She doesn't have faith In the design and doesn't think the Council has been*stoned to. Attar son*deousekin lion**tor opdont itld the , , • , ,, ,, . , *toyed Avoids seconded a modo n to rej ecj re bd ,cow* he contracts wth he -• , i -, • banaget and na edesigof he proec. Aye: 2 • and toladr append.) Wachter moved, Masin seconded a motion to approve the la* , s. 4' '' ' ' • by the construction manager*retelning -..•ix,..6,,, s . s tho the services oi se jutholukend, ti.4.— ,,,,,j,,, ,,-..'4,4,404k--,*t. ..*•,,,%,...;,,„..,,,, - — .• „ ,. s ,, "irei itloorklgrr..,, . brit*weed d gone uu go nom antrikoi reduction in the elevator*stance based on , s, , '`,, -- - an additional$65000 in cable franchise tees be used to cove'cable.rolated Oasts: . , ' •• al$108.300;sod***10SoitInto*12, providkla for plastic lamina*tolet • , ' ..44,,,.. about the lig**ilddlikadtirre. al ' - ' ..iP =Mtt ilt e p fr MO to&r n explained that the genera°Nice area w5 al have the specialized ligtang. The outrw offices where there is natural Wit and common area where speciatted lighting Isn't necessary WI use the existing%Mrs; Discussion fd$owsd concerning costa on the project. Aye: 3 Nay: 2 (Awed.and Hunter opposed.) „, Clly Attorney Sheldon noted thee*Council niiiiip to moteduisdeesanentsv levied against two pieces d property on Project 607,and suggested a pubfthste=be: : for March 21. Asada moved. Wachter seconded amoNon to s It pub** '. PropillOtrovfeed assesemod roil tor March 21,1555. Aye 5 Nay: 0 '• .:::: :::: DV ColnloltNP,IN '10. :' !1*, snOlr4Mote'lldf WaChtlit fece,d_o tootkol to ochodtto spotlit=rnestki.on a■ • It sod sot ww lovir 5 Act 0 , aprons*Development' lend tw ese .,,-',:'.'x'.:.:":\;.'.,'x.. ':'':::''.'.:'...I:4tis.s.,e;."`‘..:.1:.•:'::::!*•:s WO ood 1 o ssues o be procsd in i0 kimkgsbetor Hedges indicated honied*Council oorwenstp to go back to Senator!VIEW to have . GNP sward legislation wording the Bogert Ingersoll site mecherTapd for a LeOslative Committee meeting. • iCI1'Y COMM.Morn woos I,we M1 t :girt Cell=os County Economic�opryf�Ponerhip� oUttiW : 11r ; , t , to coyote the n o t Council • moodily to do oil ,' session. Thy council mooting giy wait** ,; *• • ah.vinukf NO in fnN. 'S 1111W •• ,, * , 4,4 . i „*! itiOlatieWOUkt ON SI icoda►*OM the county oniuopipilis Est in p s ir in, t o IMMO Ot 4st1e Ant kis d. 0 n - , r SPIN Wad 111010 itAtaiiiiiff •ti the �Ot/Uffltf sin § yet .• The aa►a *oor dbtop fiat sown to lo propose,_N+ , onworize l.. •4 •