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08/01/1995 - City Council RegularAGFINDA FAGAN CITY COUNCIL REGULAR MEETING BLACKBAWK MIDDLE SCHOOL * ** AUGUST 1, 1995 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT BEAD BUSINESS (BLUE) V. CONSENT AGENDA (PINK) c. V D. 1 E. re F. :�3x. p 2�I. el, K. 3S L. 19, M. s � O. P. . Q. Vvr 5/ I. 7:00 PPJ A. 55 B. VII. OLD (/‘ B. P' g) ---c. PERSONNEL ITEMS PLUMBERS LICENSES CHANGE ORDERS, Police Department - Municipal Center Expansion FINAL SUBDIVISION, Mallard Park 4th Addition, located on the west side of Johnny Cake Ridge Road, north of Woodgate Lane North and south of Diffley Road CONTRACT 95 -04, Receive Bids, Award Contract, Deerwood Townhomes Utilities CONTRACT 95 -06, Receive Bids, Award Contract, 1995 Sealcoat Program FINAL SUBDIVISION, Rahncliff 4th Addition, (Holiday Inn Express) located on the east side of Rahncliff Road on Rahncliff Court VACATION OF DRAINAGE and Utility Easements, Rahncliff 2nd and 3rd Additions FINAL PLAT, Eagandale Lemay Lake 5th Addition, located south of Residence Inn on Eagandale Place. EXTENSION FOR RECORDING the Final Subdivision of Justin Dean Addition, located at 2050 Safari Heights Trail on Lot 20, Block 1, Safari Estates 2nd Addition PRELIMINARY SUBDIVISION EXTENSION, Majestic Oaks, located on the north side of Cliff Road, west of Highway 3, and east of Greenleaf Drive EXTENSION OF DEVELOPMENT CONTRACT Completion Dates for Town Centre 100 Fifteenth Addition (Red Robin Restaurant) RECOMMENDATION, Airport Relations Commission, Consideration of Impacts on Dakota County Cities of Both Tracks of the Dual Track Airport Planning Process AWARD BID, Media Systems Package, Municipal Center Remodeling CHANGE ORDER, Civic Arena, Lund- Martin Construction ON -SALE LIQUOR LICENSE application for Old Chicago Pizza, 1312 Town C ntre Drive, formerly Dougherty's CONCEPT APPROVAL, Municipal Complex Landscape and Site Plan - PUBLIC HEARINGS (SALMON) • VACATION of Cedarvale Drive VARIANCE, Louis Kyte, of 7 feet to the rear yard setback requirement of 15 feet for a structure on Lot 18, Block 8, Cedar Grove 6th Addition, located on the corner of Blackhawk Road and Gabbro Trail. BUSINESS (ORCHID) APRNRC Recommendation on Mosquito Control CONSIDER REAPPROVAL, Preliminary Subdivision, Gardenwood Ponds, located south of Wescott Road, east of Stoney Point Road and north of Northview Park Road REQUEST TO RECONSIDER, Preliminary Planned Development and Preliminary Subdivision, Safari at Eagan Third Addition, located north of Cliff Road and west of Thomas Lake Shopping Center VIII. NEW BUSINESS (TAN) A. REZONING, Eagan Heights Commercial Park, of 13 acres from Planned Development to Limited Business and PRELIMINARY SUBDIVISION, Town Centre 100 Sixteenth Addition, locat d at the southw st int rsection of Yankee Doodle Road and Lexington Avenu , and VARIANCE to th number of required on -site �(J parking spaces n v B. PRELIMINARY SUBDIVISION, Appro Development, located on Terminal Drive IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE BEARD (for those persons not on agenda) XII. 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. * *Note change in location. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 26, 1995 SUBJECT: AGENDA INFORMATION FOR THE AUGUST 1, 1995 CITY COUNCIL MEETING After approval of the August 1, 1995 City Council agenda and the July 11, 1995 and July 18, 1995 regular City Council minutes and the July 18, 1995 Special City Council minutes, the following items are in order for consideration. . TME USINE There are no Department Head Business items at this time. MINUTE S OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 18, 1995 A special meeting of the Eagan City was 3 on t sday, July 18, 1998 at 5:00 p.m. at Black Hawk Middle School. _Present were Mayor Egan and:CouncfliinefiiedfdWachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Directt t of Public Works Colbert, Community Development DirectorReichert, Parks and Recreation Director Vraa, AssistO'i3t:to the Administrator Duffy, Police Chief Pat Geagan and Finance Director Gene VanOverbeke. CITY COUNCIL GOALS /DEPARTMENTAL WORK PROGRAMS Administrator Hedges reviewed the pals submitted by Councllmembers and staff. Considerable discussion followed on the goal of forming a charter c ti.ifiission :2 hd whether the city. should pursue becoming a home rule charter city. The pros and cons of charter *sus sta#ltt?ory city was discussed. It was suggested that a charter commission be formed to discuss this, as *MI: as the i4ssibility of changing from a Plan A city to a Plan B city. Councilmember Awada suggested ti t Pik gAaE! 9:d pidiipto discretionary and non - discretionary projects and eliminate the rest from the list. Discussion followed on the Central Area Plan, widening Yankee Doodle Road, and ring road plan alternatives for the central area and associated traffic concerns. County involvement was also discussed. Councilmember Hunter suggested a brochure be developed on the ring road that can be given out to people who want information. After considerable discussion, Administrator Hac gelii* nmarized the goals into four categories: 1) improvement of govemmental services; 2) completign::Cit c arat'Irimprovement program, 3) Fire Department Issues; and 4) community and park development. :C01.101t meP ber. Yvada suggested that some of these goals be studied by council subcommittees. Discussion folfawad on airporftoise and other related airport issues. Community Development Director Reichert suggested tha> ::ti* ::AdvlsotSi' Planning. Commission and Economic Development Commission be consulted on airport Issues, rather:tJi *f ;:.noise- affected residents and the Airport Relations Commission. Councilmember Awada noted that another option regarding the future location of the airport would be to do a poll of citizens. Mayor Egan noted that if a poll is done, people need to be educated. He doesn't want to use results of a poll from citizens that are uninformed. Community Development Director Reichert noted that if the airport stays at its present location, the city should get a good deal out of it. There will be a north /south runway at some point and the city should have redevelopment funds.available for north Eagan. Councilmember Wachter concurred, Indicating that even If an airport Is built sorriggi a;i e,: h .doe 't feel the current airport will be closed. Mayor Egan noted that technology Is changing aril the' noI .ait:;e'ft'tiatibin is getting better all the time Discussion followed concerning corasolidation;of the city code and the Carriage Hills golf course. Administrator Hedges noted that Olympic Pools was supposed to start the wading pool project three weeks ago. Ken Vraa has been calling them and he wasn't getting a response. They were to complete the pool by`August and obviously, it won't be done. Olympic Pools called recently and suggested they negotiate a price reduction and start the project three weeks late. Administrator Hedges reviewed a situst r%ffiat:Iiats;afils o with the Civic Arena relative to the in -kind services. The union for the contractor installing the r s ration -Is raisiirtil:tbe issue that sweat equity cannot be used for this and have threatened a slow down If union *hikers aren't used. 4 noted the City can go before the Trades Council next week, but It will delay the start by 24weeks.- It will cost $4,000 to have union workers do this work. They could tell Premiere Electric to start the prc jodt•and still go.. f.p the Trades Council. He added that perhaps the EAGAN SPECIAL CITY COUNCIL MINUTES; JULY 18, 1995 PAGE 2 $27,000 in sweat equity could be utilized soitii iivhere else Instead. He also added that they approached Premiere Electric and suggested the City just pay them $27,000 Tess the base .contract. Councilmember Awada stated she feel'* 11A *if:kii 1 &?§ problem. They bid the project with the sweat equity taken into consideration. Councilmembe'r' Hunter silbge'sted the City talk to Lund -Martin to see if they can get another subcontractor. Finance DlrectAi VanOverbeke noted that this was bid under a separate, contract. Councilmember Hunter suggested the City oust all available remedies and tell Premiere Electric that the contract will be rebid if it isn't worked out. Councilmember Awada concurred. f At 6:30 p.m. the meeting adjourned to the regular Council meeting. At 9:45 p.m., the Council reconven>rcj.?to discuss correspondence received from Mike McGraw, an Eagan resident. The meeting adjourned at 9:50 p.rrt o an exei;3itive session. Date City Clerk • • • DLP MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 18, 1995 A regular meeting of the Eagari°Y Council was held on Tuesday, July 18, 1995 at 6:30 p.m. at Black Hawk Middle School. Present were •M; y pr..l;;9an d,Cguncflmembers Wachter, Awada, Masin and Hunter. Also present were City Admi t s. gmrt:i ;; Community Development Director Peggy Reichert, Director of Public Works Tom to1l32tt;' iitl':ditsr :Attbitiey Jim Sheldon. Awada moved, Hunter seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 • Awada moved, Hunter second motion to approve the minutes as submitted. Aye: 5 Nay: 0 APRNRC RECOMMENRATfON ON MOSQUITO CONTROL Administrator Hedges reviewed' '�titsri a#teri:fiytl i : Ad;v1sory Parks, Recreation & Natural Resources Commission relative to this issue. After some discussion, Hunter moved,, Masin seconded a motion to continue this to August 1, 1995. Aye: 5 Nay: 0 AGREEMENT WITH GOPHER SMELTING, LAND EXCHANGE FOR NORTH PARK Administrator Hedges gave an explanation on kllilr #ai d: xchange. Awada moved, Hunter seconded a motion to approve the land exchange agreeme!n !YiUl Atitiliet Resource Corporation for the development of North Park, and authorize execution; f to }reerrteit : Aye: 5 Nay: 0 Councilmember Hunter noted that.gie'.first.new fire truck purchased by the City of Eagari was retired on Saturday and donated to a historical mUs i::i; ;y rggan commended the Fire Department on having this unit in service for so many years. CouncilmehtiMiiii ' er•.concurred, noting that the Fire Department does a lot of their own service on these vehicles. • In regard to Item D, Contract 95-07, Director of Public Works Colbert noted that the DNR raised concems with discharge of the storm sewer and related improvements -and its impact on the Nicols fen and the Minnesota River Valley. He indicatedMifsrmould illse.kaaward this contract in two phases. He would like to go ahead with the street reconstrtt €li let ..dela :tire e€orm sewer improvements and do them under a separate contract. The plans presented are feria: :Owttreet_ reconstruction only. Councilmember Hunter asked whether Mr. Spencer's situatioii1ias chantd. Director of Public Works Colbert noted that Mr. Spencer has not changed his position;: :fie was told that if he does change his mind, he Would have to incur some of the costs to change the plane Wachter ;:*ved, Hunter seconded a motion to approve Contract 95-07 for street reconstruction only, votikkgwig*Alygyt sewer improvements. Aye: 5 Nay: 0 In regard to item G, Contract 95 -11,. Councilmember Wachter requested clarification, and Administrator Hedges responded. A. pergpnnel items Item 1. it was recommended to appro. �tiib.� :t�f: cott Harlicker as a Planner in the Community Development Department. Item 2. It was recommended to approve the hiring of it in Crooks as a Utility Maintenance Worker, contingent upon successful completiort.Af the physical exaiatfiation requirement. EAGAN CITY COUNCIL MINUTES; JULY 18, 1995 PAGE 2 Item 3. It was recommended to accepii.45 letter of resignation from Administrative intern Robert Rys. B. phange Order. Fire Department f*rg1i0ajictj:a5.1p :V Ie. It was recommended to approve the change orders resulting in a net additiofs: # 2b65 to; : s''rs#aJ from the equipment revolving fund. C. Classification of Tax Forfeited Proms. It was recommended to declare Parcel 10 -00800 -011 -50 as having public purpose and request acgtstlon of that•parcel; and declare Parcels 10- 14301 -010 -00 and 10- 84275 -050.00 as non - conservation land. • D. Contract 95 -97, Nicols Road Street Reconstruction. (Action was taken earlier on this Item.) E. Contract 93 -UU, Acknowledge pornptotion. Diffley Commons 3rd Addition Streets and Utilities. It was recommended to acknowledge compie$pn of Contract 94 -UU and authorize perpetual City maintenance subject to warranty provisions. • F. Contract 94 -RR. Acknowledge Corrijili�tion. Ariiiitilidson Addition Utility Services. It was recommended to acknowledge completion of Contract tAAArtd:g13:1. Kixa.pprpetual City maintenance subject to warranty provisions. .. G. Contract 95 -11. Municipal Center Irrigation. It was recommended to approve plans and specifications and authorize advertisement for bids for installation of irrigation system for the Municipal Center complex. H. Bequests for Proposals, Janitorial Services for Municipal Center. Fire Administration and Maintenance Facility. It was recommended to approve advertisement fQr: jaquests for Proposals for janitorial services for the Eagan Municipal Center, Fire Administratiop,.end: i!foiOtenance Facility. 1. Authorize Bid Alternate. Municipal C itei #<uteiiie'''Svstems Bid. It was recommended to authorize a bid attemate for independent control of Co .frt 11. Chamber fi'i crophones In the media systems bid. • J. Change Orders. Police Department and i fii iicip , entet Expansion. It was recommended to approve change orders for the Police Department and Munidipal; §inter expansion as presented. . K. Authorize Agreement with Dakota Energy Alternatives for Electrical Generator for Civic Arena. It was recommended to authorize Eagan Civic Arena to enter into a contract with Dakota Electric for a Gensete generator. L Appointment. Solid Waste Abatement Commission Afernate. It was recommended to appoint Rick Patraw as the alternate member to the Sa d:WAste Abatert a t Commission. M. Final Subdivision. Eagandale Pent*: ustrial #?. c No. 11. It.was recommended to approve the final subdivision. - Wachter moved, Hunter secot # .a..m tion.t0... lWove the consent agenda as presented. Aye: 5 Nay: 0 ......... VACATION OF T.H. 13 SERVICE DRIVE (EAGAN 13 INDUSTRIAL PARK) Administrator Hedges gave a brief: f f# ::and Director of Public Works Colbert gave a staff report. He noted that because additicf i : :*e s*'riidatkti$rl to be acquired, additional legal costs and recording fees In the amount of $375 Wagirincurred. Heiked whether these additional costs should be borne by the applicant. CounclimemfierHunter indicated: :fit doesn't feel It would be fair to impose this because It is not supported by the co f. :Qr fee tables. Maygr ;Egan then opened the public hearing to any- one wishing to speak. There being fl o':: ::. wishing to. peak;;fi+layor Egan turned the discussion back to the EAGAN CITY COUNCIL MINUTES; JULY 18, 1995 PAGE 3 Council. ' Hunter-moved, Wachter secori## a motion to close the public hearing and approve the vacation of public right -of -way for the T.H. 13 sefill'ce drive within the Eagan 13 Industrial Park; and that provisions be Incorporated in the fee table to allow; ;;Ciht: R;f t mgr te.these kinds of costs. .Aye: 5 Nay: 0 VACATION OF EASEMENT$, RAHN•CLIf'P'2ND AND 3RD ADDITIONS After an introduction by AdminiMior Hedges, Director of Public Works Colbert gave a staff report. He noted that this was to concur with the Rahncliff 4th Addition; however, the plat isn't ready. He recommended the public hearing be closed and continue consideration of this until the final plat for Rahncliff 4th Addition is ready. Mayor Egan opened the public hearing to anyone wishing to speak. There being no ne wishing to speak, Hunter moved, Awada seconded a motion to close the public hearing and continue consideration of vacating drainage and: :s.itility easements as described within the Rahncliff 2nd and 3rd Additions to be approved concurrent vi the final ;aubdivision of the Rahncliff 4th Addition approval at a future meeting. Aye: 5 Nay: 0 PROJECT 686, WOE}l• GATE UNE STREET RECONSTRUCTION After an introduction by Admirdsfliiiii#'d ;;:p r of Public Works Colbert and Greg Stone- . house, of MSA Consulting Engineers, gave a §tatfi•repdrt biscussion followed conceming the road materials and deterioration of this street. Councilmember Masin asked whether the City can go back to the person who designed thls street and Director of Public Works Colbert suggested that at the time, that may have been an acceptable design. The streets were built to the standards of that time. Standards are higher now. Ken Kiadie, 4333 Teal Cove, noted that Teal Cove..and: Nestling Circle do not need to be replaced. He has no access to Woodgate Lane and it doesn't.bee#lt ir:•r They take access from Johnny Cake Ridge Road and will be assessed when that is upgradrlJ;: Dijktor of Public Works Colbert indicated that when improvement projects are proposed, rpeigiibitticKid's aid subdivisions are looked at in their entirety so all improvements in an area are done at the'tdiii time. Thisbe two cul-de -sacs could be deleted if the Council wishes. Colleen Shogren, 4345 Teal Cove, lndicated'sFi.:1 ::apposed to these improvements because the • streets are not In need of repair. She also presented a letterirom a neighbor who lives on Teal Cove who Is also opposed. Sheltie Kyllo, 1742 Drake Drive, spoke in favor of the project, but expressed a concem that Wood - gate Lane has undeveloped property. She feels it would make more sense to put the road in after the area is developed because construction trucks.will deteriorate the road. Director of Public Works Colbert Indicated there is a development that is.g ti Arad.t!>is:pa1Eand individual utility connections need to be Installed. They would like to delay the ..f& 1 tftt, e:o Ibe street so the road can go through a freeze /thaw cycle and provide for better compactirsra� . f the rC d That way, problem areas can be Identified and dealt with prior to the final lift being installeir If the project is delayed, he Isn't certain they would I,e able to maintain Woodgate Lane in passable: biadition. Mayor Egan then tumed the d 1s itssIr bac3 ftc Mound. Hunter moved, Wachter seconded a motion to close the public hearing arici iippro1e Prof ec f ; with the removal of Teal Cove and Nestling Circle, and authorize the preparation of detailed plans and specffications. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MINUTES; JULY 18, 1995 PAGE 4 REQUEST FOR EXTENSION, ,Q••iAIIDENWOOD PONDS PRELIMINARY SUBDMSION After a brief Introduction by Admlt>istxatvG :I:i�d Gprxununity Development Director Reichert gave a staff report, noting that the applicant tod y: tti i t#t # • : t application. She noted that although the final plat has been submitted, it will not lie 'appfoVed''wfth�ri'the one year deadline. After discussion concerning the wetlands condition, Gedi; ;Seagraves, Vice President of Joe Miller Homes, noted that the business arrangement with Mr. Govem slxid: Mr. Miller has been worked out. Their final plat has been sub- mitted, and they are withdrawing their request for an extension. Their attorney's interpretation of the state statute is that as long as the final plat is submitted within the one year period, the requirement is satisfied. After more discussion concerning interpretation of state statute regarding submission of final plats, Hunter moved, Awada seconded a motion to acknowledge the withdrawal of extension of plat. Aye: 5 Nay: 0 N INESS PRELIMINARY PLANNED DEV OPMERIAMENDMENT, PRELIMINARY SUBDMSION AND CONDMONALVSE•PEFOIT - TWIN CITY FEDERAL BANK After a brief introduction by Adrrtitti 4.0: :0.e I6es�:0Q,tj munity Development Director Reichert gave a staff report. Bruce Miller, of Federal'''' L' 'etiii'•'•f11rYtperiy;'•'reviewed their proposal, noting that the reconfiguration of this property results in a reduction in the total square footage by 8,600 square feet. He pointed out a correction in the staff report, that only 21 parking spaces are required, and this was verified at the Planning' Commission meeting. He urged Council approval. Mayor Egan indicated a concern about setbacks and what It could do to the integrity of the retail space. Mr. Miller responded that they are not in a position to announce who might go Into the retail space, and :indicated they are prepared to deal with the right - of-way issue with the second phase of the developt? .t3tti.: ter some discussion, Hunter moved, Awada seconded a motion to approve the two -phase :P.re(Ii:r i i.Plenned Development Amendment consisting of four commercial buildings on 9.8 acres •;cucrerttf�►:pi'atted as Outlot D, Park Center Addition, subject to the following condition's: ' • 1. The developer shall execute ari 'a tiil3n6 t :tta..the existing Planned Development Agreement to incorporate the revised layout and tatif iIii: I%f:amended Planned Development shall expire five years from the date of Council approval. 2. The City approves the preliminary site, grading, utility, lighting• and elevation plans dated May .1, 1995 with the latest revision dated May 26, 1995. 3. The preliminary site plan provides for a 5,200 square foot bank with seven drive thru service lanes; a 195 seat /5,400 squara: > :glass 1.fe tl ant; a 30,510 square foot retail building, and a 37,300 square foot retail htlilitit'lr. :: • 4. All building, parking /drive's (sfe, and igiascaped areas shall be properly maintained. 5. The developer shall removeTe•.exisll I :'sl'dewaik and replace it as shown on the Phase I Site Plan dated May 25, 1995' 6. A final planned development agreement for each phase shall be executed prior to final subdivision and final planned development approval. The following exhibfts,are necessary for this agreement: final site plan, final building elevation plan, final sign plan and final landscape plan. 7. All buildings shall be constru t:Obtick: t s►atches the type and color of the brick used on the previous developments:tkiiin the Park'�rter Planned Development. 8. - All trash /recycling contain r. shall be stored within the building or in an enclosure attached to the principal building and :giiinstructed with a bilk exterior to match the principal building. EAGAN CiTY COUNCIL MINUTES; JULY 18, 1995 PAGE 5 9. All rooftop mechanical equisnt shall be screened from view. 10. All building /directional and pylr .stgr :s#sa{t•>wo pply with the City code and the Park Center Pylon Sign Agreement. .. 11. The developer shall revise tglgretiminary planting plan to incorporate additional planting islands to equal at least 5% of the #age parking area. 12. All landscaped and green areas shall be served by an underground irrigation system. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to approve a preliminary subdivision for Park Center Fifth Addition, subject to the follwing conditions: 1. The developer shall compljjeitth stanfd conditions of plat approval Al, B1, C1, C2, C4, E1, F1 and H1, as adopted bytNi Counqg: n February 3, 1993. 2. The developer shall plat the:popert 3. The developer shall provide acatcPi'l5asin 'sttucttire'onnected to the existing storm sewer along the east edge of the site to drain storm runoff from the ditch south of the existing access point to Taco Bell. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to approve a conditional use permit to allow a pylon sign on Lot 1, Block 1, Park Center Addition. Aye ;, :.4 :i Nay: 0 PRELIMINARY puyintgoOtiitiiiiiimENT AMENDMENT, PREUMINARY UBDIVVSiON� f iOFFMAN HOMES, INC. After a brief introduction by Admirti ti dr•:Iledges, Community Development Director Reichert gave a staff report. Discussion followed concerning :aoi t sar ;street design. Pat Hoffman, of Hoffman Homes, reviewed the project and urged Council approval. Aft irt:0 trlre:tllscussion, Wachter moved, Masin seconded a motion to approve the preliminary planned devetopment•eihtinndment to allow residential development on approximately 24 acres currently platted as Outlot E, Cliff Lake Center, subject to -the following conditions: 1. Execution of a planned development amendment agreement. 2. The amended planned development shall expire five years from Council approval. 3. A 28 building, 70" unit, twi . :guiad 1%pm esidential project to be platted as 'Cliff Lake Shores' is approved as allOWn on ft iiite plan dated May 26, 1995 for Outlot E, Cliff Lake Centre as part of the Eagtl Hills We`sr Tanned Development. 4. A final planned developm *gf#EIrrf¢tiYfor this site shall be executed prior, to final subdivision and final planned devetopn1 f val :: ::The following exhibits are necessary for this agreement: final site plan; ffiri6il•ffiiftfi ig'eteeatit*tplans, and final landscape plan superimposed on the final grading plan. 5. All landscaped and green areas shalt be served by an underground Irrigation system. 6. All trash /recycling containers;stk' *: #Gtedin individual garages. Aye: 5 Nay: 0. Wachter moved, Masii seconded a motltiOo approve the preliminary subdivision for Cliff Lake Shores, consisting of 73 lots oniipproximately 24 aC%iss, subject to the following conditions: EAGAN CITY COUNCIL MINUTES; JULY 181 1995 PAGE 6 1. The developer shall comply ii *h standard conditions of plat approval Al, B1, B2, B4, C1, C2, C3, C4, D1, El, F1, G1 and•flf as adopted by Council on February 3, 1993. 2. The developer shall plat 3. The developer shall be respisible for preparing and recording with the plat, appropriate documents establishing a t ttieowner's association. The documents must be submitted and approved by the City Attomey's office prior to final subdivision approval. Transfers of common areas to the homeowner's association shall be recorded with the plat. 4. The developer shall construct additional catch basins near the entrance to the development. 5. The developer shall provide:?i#etaiied plans and specifications for the retaining wall construction. 6. The developer shall provide asures:tt prevent erosion from occurring Into Cliff Lake and off site. 7. The developer shall delinea : h **• • • nThe lake as a permanently protected area on the grading plan. 8. The developer shall mark, In the field, the limits of this buffer area prior to any site grading. 9. The developer shall prepare a private Ingress /egress document to be reviewed and approved by the City Attomey's Office prior to Council actiq on the final subdivision. The developer shall record the private Ingress /egress easeme�li :�i.1ii a plat. 10. The developer shall pay a ti giialii, 'dedication. 11. The developer shall be responaIbl fir provPdirig access to the exception parcel (Boesel Farm). Aye: 5 Nay: -0 PRELIMINARY SUBDMSION AND CONDITIONAL USE PERMIT - R. L JOHNSON' EAGAN CITY COUNCIL MINUTES; JULY 18, 1995 PAGE 7 7. The developer shall prepare private ingress /egress document to be reviewed and approved by the City Attorney's office isrior to Council action on the final subdivision. The developer shall record the private ingress /e ese;: e? pem ::vrfIttt: :ije plat. i 8. The developer shall work with staff to' ileiirmiil ' appropriate off -site planting locations for approximately 100 of the niR tion trees required by the City's tree preservation guidelines. 9. The developer shall provide tree protective measures installed at the drip line or at the perimeter of the critical root zone, whichever is greater,' of the significant trees /woodlands to be preserved. 10. The developer shall contact: a City Forestry Division at least five days prior to any site grading to ensure compliance with: approved :tree preservation -plan. 11. The developer shall be su t to a cast park, trail and water quality dedication. 12. The developer shall revise: :ge$:: :klndscape.. an . p Incorporate landscaping for the entire subdivision.' Aye: 5 Nay: 0 Hunter moved, Wachter seconded a motion to approve a conditional use permit to allow storage of semi - trailers on a portion of Lot 1, Apollo Addition, subject to,the following conditions: 1. Thls conditional use permit shall be recorded with the plat at Dakota County. 2. Outdoor storage shall be limited to semi#*ilers 3. The storage area shall be an d from A o110 Road. 4. The outdoor storage of semf$e01.:hall'be discontinued upon the termination of Anchor Hocking's Interest in the proper proper611040.4.19pment or, subleasing by Anchor Hocking of more than 20,000 square feet of the existing spaoe;}iin the building located at 900 Apollo Road. • Aye: 5 Nay: 0 Councilmember Masin gave an update on the recent. Dakota County League of Govemments meeting. Mayor Egan updated the Cqu :bt.: :the $ tp$• :tif the Livable Communities Bill. Discussion followed on affordable housing. Adminjtiir•Hidges :seed the Council of the upcoming A.M.M. and M.LC. meetings, noting that Mayor Eggiri$ being timihated for president of the M.LC. He also noted there will be an executive session following fag meeting: • Special City Council M,eetincii. Awada iindved;•SRfaafiter seconded a motion to set special Council meetings for August 1 at 4:00 p.m. and August 15 at 5:00 p.m. Aye: 5 Nay: 0 grading Permit. Lull Industries. (Since neither of the affected property owners were present,,the agenda was suspended to the Round Table to, UQ more time for them to be in attendance for this item.) Director of Public Works CdEiei't:'reviewed somelknblems that have been experienced with the closure of Dodd Road. He noted Doiic#:fload is open to local traffic only, and the Police Department has EAGAN CITY COUNCIL MINUTES; JULY 181 1995 PAGE 8 'had to enforce that periodically. People*e been using it because they feel the designated detour Is too long and out Of the way. Councilmember Wachter asked 4:00 ti i# [i1:, i §r food stands. Administrator Hedges noted that the one at Yankee Square is gone.; ;ommunifji't�ikretoprnent Director Reichert indicated the code needs to be clear on this Issue that a cvittional use permit is needed and It should not be in an area that Interferes with access or parking. Disci ton followed. Councilmember Wachter Indicated he would like to look at the expense of having staff cars versus using their own and getting paid for mileage. Councllmember Awada noted she spoke to John Young and he apologized for not being at the last meeting. He didn't feel he was supposed to attend the meeting and would like the Issue of his trash enclosure to be ,placed backon the agenda in August. Discussion followed. Community Development Director Reichert noted that the Counci#:idarffied Ra:position that a conditional use permit is required. The Council can reconsider that decision If j shes. Councilmember Masin Indicatecf's3+e woulc&I. &e to reconvene the workshop after adjournment of this meeting to discuss an Issue. Mayor Egen.a91c99)0dg,0d.tt:ke::r9,quest. Councilmember Hunter asked about'tfte ttrifi vii'nrNI Goff- street parking restrictions. Director of Public Works Colbert indicated he is in the process of assembling a report on this and will present it at an upcoming workshop. Councilmember Hunter indicated he continues to be concerned about the situation on Town Centre Drive, and if this will take a long time, he feels parking should be restricted on the north side of the street. Mayor Egan asked to have this scheduled at an upcoming workshop. Councilmember Hunter indicated he went out.:tgi: pe p h Addition and because he isn't sure how to best get to this property, he would like to go netiii;: i s :'staff member. Director of Public Works Colbert Indicated he would be happy to go out:Pgge:Iiiittillhi if& review the history of the property. (At this time, the Council went bacii :I iPe,Adrhihistrative Agenda) Grading Permit. Lull Industries. Administraif ir:i l i '. ,a reviewed this request and the downstream and storm sewer issues needed in order to satisfy the gradf hgvermit. Director of Public Works Colbert then gave a staff report. He Indicated he received a letter of concern from the Leitner Construction Company which is downstream from Lull Engineering, about the amount of runoff from the property. Staff worked with Lull Industries to create an on -site ponding basin to detail the surface water runoff coming from the new parking lot and a portion of the outside staging area. Mr. Leitner continued to have concems. There is a natural drainage ravine that crosses Mr. Leitner's property, goes through a wooden trestle culvert underneath the .railroad tracks and drains into the. M3ii ota Rtyef ::1411ley. There has been continued erosion of sediments through the trestle and ir}gj : ie•rw9li$d:;:Eii' ::: :: Because of this situation, staff brought consideration of this permit to the City incil. I g ears that there is a natural entrapment of runoff due to the construction of a berm, and as a result, approxifnately ten truckloads of sediments had to be removed because it almost plugged the culverkighder the :istie. There are other properties that drain Into this culvert, such as the property south of A> 1o.isi irioad, which is a gravel, unimproved rural ditch section. In 1991, there was a proposal to impgq.:;1.40dbw; 5!fjtv¢: R ad with curb and gutter and storm sewer Improvements and the project was lititicti:iiiixobjections to assessments. As incremental improvements in the upstream drainage basin continue to occur, the volume and rate and duration of runoff continues to Increase. No one project can be identffied as the source of the problems. The grading permit by Lull industries is of a significant size that objections are now being received associated with the incremental development of an undeveloped ,area. of Eagan adjacent to the Minnesota River Valley. Considerable discussion followed concemi�f�Aig: nditions, how much of the problem would be contributed by the grading permit for Lull :3jadussri , aaa:. , installing storm sewer south of Meadow View Road would alleviate the problem. Dlrticifor of Publid''I ivrks Colbert reviewed the operation of Leitner Construction, noting that it is an undeveloped, unpaved ddiifdition which Is highly erodible. If the culvert under the trestle ever blocked, it would•:ereate instant pondipg on Mr. Leitner's property and could create a situation where the trestle could was€i:Aut. He noted th t•jt;:ls a problem that needs to be resolved, and EAGAN CITY COUNCIL MINUTES; JULY 18, 1895 PAGE 9 under the trestle ever blocked, it would Otte instant ponding on Mr. Leitner's property and could create a situation where the trestle could wash 'i if: He noted that it is a problem that needs to be resolved, and the Council needs to decide at what pointni:ingr.q ?ntal.dev,.eIopment in the drainage It needs to be done. It presents a policy question. Mayor Egan asked about liability;i .s'ues in the event the Council approved this grading permit. .City Attomey Sheldon reviewed case law pertali hg to surface water drainage. Considerable discussion followed conceming liability, establishment of benefit, installation of a holding pond, and the costs involved with the - installation of storm sewer. Councilmember Masin indicated she is not comfortable allowing the grading without doing something to prevent the erosion. She doesn't feel it is fair to negatively affect the property downstream when the City Is aware of the problem. Councilmember Awada concurred. Discussion followed conceming drainage on the LO ..Engineering property. Jim Wisnoskf, of Lull EngineeririOndicat41.fhat their concem was with the steep acceleration off the back part of the hill. They asked thitAty,to leV.atit off somewhat to increase the permeable surface in the lower level. He doesn't feel the pot3ilitig will iitctease the amount of water; he feels it will decelerate It, along with the grading in the back. "' Mayor Egan asked whether theriA4iiiqiiiiiiiibribbraitiodifications to the grading plan to mitigate Mr. Leitner's concerns without shifting the problem to someone else. Director of Public Works Colbert noted that when the conditional use permit'was issued, one of the conditions was that by this Fall, an overall drainage evaluation must be provided to the City regarding the entire site, A storm sewer on Meadow View Road could intercept a lot of the drainage from the south of Meadow View Road and opposite Highway 13 and pick up the drainage from the proposed ponding area. Tipsy could also modify and better define the ponding-area through some minor berm installation andli'iikie water with a restricted outfall or pipe onto an existing natural ravine to handle the runoff thet:ci4.r'•r'tifty exists on the west side of the building. That would divide the drainage shed of Lull .ngitteeitl g:aiid;put both of them into a detention basin --one near Meadow View Road that would outlet int4:4:stbrin sewer;S'stem; and the other in a lowland area that would outlet through a culvert and eventually get.igtb: 4 riverk alley by way of the, railroad drainage ditch. Mayor Egan asked whether they could adopt €tii!4pped modifications which will helpto alleviate some of Mr. Leitner's concems and help to expedite this ttt't: Councilmember Hunter indicated that the proposal is to resurrect the storm sewer project as a part of this. Discussion followed conceming what is proposed to prevent further erosion. Mr. Wsnoski expressed a concem about delaying this. Councilmember Hunter "clarified that the Council is not proposing to delay this. Mr. Wsnoski raised the issue of the back part of the property. Councilmember Hunter Indicated he feels: 00.: gauld be.deaiG with when the grading' plan for the entire property is developed. He is simply pro rit :#1at tqatiwiRlie approved and staff directed to resurrect the Meadow View storm sewer project :;.it:1s not' i ::o.Qtiditiori of the approval and it Is not a delay, so he doesn't understand his objection. Maybr.t=gan indititiled he will support this. These issues can be further reviewed when the storm sewer proposal comes.; before the Council. It won't be approved if it is not economically feasible. Councilmembef::iivada ntigOg that It will be more likely to be economically feasible If there isn't the alternative of having th& w r dr :pi r one else's land. The problem for Mr L'eitner won't be solved unless the public irmfpimvetriaiiVis:ait&I d. The problem needs to be dealt with. Councilmember Wachter added that anything less than installing storm sewer Is a bandaid approach to the problem and it won't be solved any other way. Councilmember Masin asked if the storm sewer is ordered in, whether all of the extra grading in the back is necessary. Director of Public gAtt rg.Indicated he feels the grading In the back will be addressed when the overall drainage plan tit ::::*00ow, the major drainage concern Is associated with the parking lot expansion and gradin fiat will direct iWe. runoff into the ravine, which can be resolved by putting an interceptor storm sewer.dbvrm Meadow Vievii; oad to pick up that drainage. If the grading permit is approved tonight, the Council needs to decide whetter they want to place conditions on the permit EAGAN CrTY COUNCIL MINUTES; JULY 18, 1995 PAGE 10 r • Awada moved, Hunter seconddtili: motion to Issue the grading permit, subject to the applicant , signing a waiver of objection to the stormseWer assessment, and direct staff to initiate Project 615R as soon as possible. Councllmember Hunter empAi#04:Ns:p.r.coct Is being resurrected primarily because of the drainage problems from Lull Engine00904fiiiiti:. th. Wh .:4;3 waiver is being required. Aye: 5 Nay: 0 Discussion followed concerning wheriltle driet Wachter moved, Egan seconded a motion to approve the check register dated July 14, 1995 in the amount of $1,787,102.81. Aye: 5 Nay: 0 Pa) AN Awada moved, Wachter seconir a motiflo hold an executive session. Aye: 5 Nay: 0 At 9:37 p.m. the Council adjoura the miiffng to resume the Work session and hold an executive session. • • • DLP Date City Clerk ff you need these minutes In an alternative farn3:000:0;iiii4ePrint, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road;:EitOrt::b0,55:10, (612) 681-4600, (TDD phone; (612) 454-8535): The City of Eagan Is committed to the politfOt:altperiOns have equal access to Its programs, services, activities, facilities and employment without regiiiii§00e1 cqlor, creed, religion, national origin, sex, sexual orientation, disability, age, marital status or status ietii.:10:00:lo public assistance. • MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL - .Eagan, Minnesota. July 11, 1995 A regular meeting of the Eagan City.CouraGil wa §; held on Tuesday, July 11, 1995 at 6:30 p.m. at Black Hawk Middle School. Present weri t '.','. �', ;ci: cfinembers Wachter, Awada, and Hunter. (Counclimember Masin arrived at 6:45 iii. '�'�res`e'rit:W sQ Administrator Tom Hedges, Community ( p• i�'� p �' �y 9 � Development Director Peggy Reichert, DirOtor of Public Works Tom Colbert, and City Attorney Jim Sheldon. Awada moved, Wachter seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 tt yr� t >:..:• +::;.::,•:.:: »•�. et4;; :, ox.• w�.:::. rv:. �' a% i•; a:.;.::•: ax:. xo:;.:::.: o:• r:•>+:;:: da:;::.•::.:�•::::•:':�::..;,y Director of Public Works ColbeifiifOquesteiVklarification on page 7 regarding Project 643R, relative to the parcels eliminated from the curb:id gutte#;esessment. After some discussion, it was noted that parcel 72 should be parcel 71. Awad ...move• ;Hunter seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Councilm #tit er M i a st this time.) • N Hunter moved, Awada seconded a motion to approve the minutes as submitted. Aye: 5 Nay: 0 Runway 4/22 Mediation. Coundiirhember:Masiti indicated she doesn't understand wtiy a survey Is needed. Assistant to the Administratpi':1oflenstein indicated that this was discussed prior to the City of Eagan's involvement in this. CouncilmemtwWachter stated he feels the problem could be resolved if pilots would make a faster ascent. Assistant to the theMitliOottor.Hohenstein indicated that a joint letter has been sent from the five northern Dakota Cities to Northi;VAtitgiliiies::felative to this and a response hasn't been received. Councilmember Hunter indicated he agrees that tii4 :City should contribute towards this; however, he isn't sure $20,000 is the appropriate amount. Hunter moved, .Masin seconded a motion to approve continued participation In the Runway 4/22 mediation process, Including concept approval for financial participation in the Opinion Survey, and to give staff direction on the draft mediation proposal. Aye: 5 Nay: 0 After considerable discussion, Counclimember Hunter suggested it would be appropriate to follow up with Northwest Airlines on Council action taken... ::: ;: Counclimember Hunter thanked:1ie Police;lepartment and Uons Club on the 4th of July fireworks. Traffic control was excellent and he: %Is it .w•a0:a h09e success. Police Chief Geagan noted that they couldn't have done it without help fri#i;i;:# g.: kg: :.4 ::lie ation and Fire Departments. Mayor Egan concurred, and emphasized that the crViiiicl not caiicaliSii: parade and carnival. It was a decision made by the Uons Club and was based upon construction work being done at Rahn Elementary. The City wanted to keep the tradition going and allotted unbudgeted funds for the fireworks. Counclimember Masin noted that the Uons Club did make a contribution towards the fireworks. • In regard to Item D, Project 69I 4 ounciimember #liiachter indicated he is concerned that the city didn't know about this erosion problei». ooner. He requested further information and Director of Public . Works Colbert gave an explanation. EAGAN CITY COUNCIL MINUTES; JULY 11, 1995 PAGE 2 In regard to Item 'F, Project 66 :i ouncilmember Wachter indicated he feels the price Is high. ' In regard to Item H, Project 691Milorplrt;rl.oFOr indicated he Is opposed to this as he feels It should have been In another In regard to item L. Award 130br Mower, Councilmember Wachter expressed a concern about boulevard mowing. He feels money 6tl•tild be saved by not mowing as often. Considerable discussion followed. A. pergnnel Items Item 1. It was recommended to accept,:3lae letter::resignation as a full -time regular employee from Senior Planner Kristy Mamin and to approve 3i�er contifng as a part-time temporary Planner with the City of Eagan. ;:hiri... • of• :Michael. Ridley and Lisa Freese as Senior Planners Item 2. h was recommended to appr4��;lk!$; , . ,.,raga. , and the hiring of Julie Famham and a:ifiet?sD ii:if * :iii iii s Planners in the Community Development Department. Item 3. It was recommended to approve the hiring of Joe Ocel as a seasonal recreation assistant. Item 4. it was recommended to approve the hiring of Stephanie Martin and Gretchen Stromwall as seasonal balifield attendants. • Item 5. it was recommended to apps v # a hiring>.ff :James Mausich as a seasonal park maintenance worker. • Item 6. it was recommended to approve the ' Iiiiiiiig!.tiv .pieken as a seasonal basketball referee. Item 7. it was recommended to approve the hiring of Melia sieston, Steve Brand, Aaron Oppett and Jared Burger as seasonal youth basketball program scorekeepers. • Item 8. It was recommended to approve contracting with Community Health Services of the City of Bloomington to provide the hearing conservation screening required by ,OSHA. B. Plumbers Licenses. It was recorrnilii tided th ::#i prov &:lumbers licenses for Accredited Plumbing & Repair and Jobco Plumbing. C. Change Orders. Police Departm rit, Munich #:Center Remodeling. It was recommended to approve change orders for Spraungel Constrtfi: :tk :liii 1pIoipal•Center remodeling and for Midco Security and Minuti Ogle for the Police Departmeritlit!#tfingl: #ill f: resented. D. Project 690. Walden Heights Storm.Sewer. It was recommended to authorize staff to prepare a feasibility report for Project No. 690. E. Project 688._ Eagandale Corporate Y: r eta,,and Utilities. It was recommended to authorize preparation of detailed plans and spectii atk r _'= I l with Project 688. F. Project 668. Right -of -way Acquisitti ;lone OalcRoa4iiikwas recommended to authorize acquisition of right -of -way (Lone Oak Circle) and ppnding easements (OVgt A, Eagandale Center Industrial Park No. 11) for Protect 668. EAGAN CiTY COUNCIL MINUTES; JULY 11, 1995 PAGE 3 G. _Contract 95-04. Deerwood.TownhoriUtility Extensions. It was recommended to approve the plans and specifications for Contract 95-04 antf :atbthorize advertisement for bid opening to be held at 10:30 a.m. on Friday, July 28, 1995. H. Project 691, Clemson Drive. it was recoriiirieridt! to i'ecetve a petition and authorize preparation of a feasibility report and detailed plans fort ect 691. (Councilmember Wachter voted against this fterh.) I. Final Subdivision. Ridgecliff Woods. iiit:was recommended to approve a final subdivision for Ridgecliffe Woods located south of Cliff Road, east of Lenore Lane, on Nokia Way. J. Vacate Public Right- of -Wav, Cedar Freeway Frontage Road at Difflev Road. ft was recommended to receive 'a petition and schedule a publie:.hearing for August 15, 1995 to vacate public right -of -way for the west frontage road of Cedar Freeway 6130 of Difit.c.1 Road. K Project 692. Oki Sibley Highway Str i is and Selittary Sewer. 11 was recommended to receive a petition and authorize the preparation of a feaslblftty repo'tKi ind detailed plans for Project 692. L Award Bid for Mower. Park Departrnetik.#4,yavvglititIgitifti to award the bid for a 101/2 foot rotary mower with a road light kit in the amount of $33,1 6 §:28 to'MTI' Distributing of Plymouth, Minnesota, for Toro Model #455D. M. Authorization to Negotiate Acquisition. North Park. It was recommended to authorize staff to negotiate acquisition of all of Lots 7, 8, 9, 10 and trail easement over Lots 11, 12 and 13 and /or acquisition of Lot 7 and an easement over Lots 8, 9, 10, 11, 12 and 13 for Ihs;B¢tphert Ingersoll Property. N. License Renewals, Amusement Device,.I sde:Bstablishment. Massaae Therapist. Service Station and Trailer Licenses. It was recommended:» :approve the license renewals as attached In Exhibit A. 0. Shows License, Haunted Havride. Mitcl'iefi:6101.1 to. be ,held October 1995 at950 Apollo Avenue It was recommended to approve the shows license as'pre;tid;,;:;.;. , • Wachter moved, Hunter seconded a motion to apir8ve the consent agenda as presented. Aye: 5 Nay: 0 IS 1996 WORK PLAN AND BURGET.e.PEDARVALE. SPECIAL SERVICE DISTRICT After introductions by Mayor: :£gan a nt:#; liirilstrator Hedges, Assistant to the Administrator Hohenstein gave a staff report. Mayottgan therf opened the public hearing to anyone wishing to speak. Nicholas Martin, of Eagan Ceitiiriics, indkat0 he doesn't see why they should be included In this special service district. They are not in i NtAii.. :te street In Silver Bell Center. They have their own sign and this sign will do nothirtig""fo'r 'ilver�BeifVer. He is opposed to this assessment: He disagrees with the process used that those opposed needed to notify someone. Those that missed the meeting did not know this. He feels he is being required to pay for the misfortune of others. Assistant to the Administrator Hohenstein responded that the district is established based on property owners, not tenants., The owner of Silver Bell Center did hot Wage he wanted to be excluded. This hearing Is on the work plan and budget. There is no mectlayggf.40:::i*.ipme a tenant from the district. • Councilmember Wachter Indic , #! he feels would be used as a landmark for giving directions. Mr. Martin indicated he doesn't f use Cedarvale as'e:landmark. Councilmember Hunter noted that the whole concept for this district is 1:0;the Cedarvale areli ;.not Just the mall. Considerable discussion followed concerning mowing and Iight;fig Jnthe.aF3;; ;:;: :: :: ), EAGAN CITY COUNCIL MINUTES; JULY 11, 1995 PAGE 4 Larry Feldstein, of Sinclair Oil, Wed d that the city owns the right -of -way and wondered why they aren't paying for some of this. Assistant•ty the Administrator Hohenstein responded that the city Is paying for the mowing that it would typically clo poyerpd :.oankpi..; .The area has asked for a better standard of mowing to increase visibility and Improv**** t Wittf area. Councilmember Awada clarified that the city did not ask for this. This was suOesfed•Eiy'tfW C1iatfiber of Commerce and area business owners to upgrade the area. Mayor Egan add* that it was brought to the city by petition and there was a long process to get this approved. Discusslpri:.toilowed concerning the process used. Mr. Feldstein stated the company doesn't feel they are getting their money's worth out of this. He sees this as a problem district because costs keep going up. He doesn't feel their business is associated with Cedarvale. He is opposed to the assessment. Mayor Egan reminded the audience that If a petition Is signed by 35% of the value or 3596 dtthe land opposing this district, It won't be approved. Gregg Larson, representing Cedarvale gipping Center, Indicated there have been numerous meetings on this In the last year. He *le some itlg is needed in this area and this is a good start. He feels the cost to the businesses Is relatively. modest and he urged Council approval: There being no one else wishindltii:iiPiMAITOkEttarti tumed the discussion back to the Council. He reiterated that If 35% of the value or 35% of the property owners petition against the district, It won't go forward. He feels something needs to be done to benefit this area. Councilmember Masin indicated she feels Mr. Martin has a valid point about the businesses in Silver Bell Center; however, it is up to the property owners to oppose or support this. After some discussion, Hunter moved, Masin seconded a motion to close the public hearing and approve the 1996 work plan and budget for the Cedarvale Special Service District. Aye: 5 Nay: 0 :•;;:::::::::: • PROJECT 676, FINAL ASSESSMOOgiiiiNODUCKWOOD ESTATES STREET UGHTS .: After Introductions by Mayor Egan.a:nc#:Administr' for Hedges, Director of Public Works Colbert gave a staff report, noting that the final costs carne :ii'i:less than.the amount estimated in the feasibility report. Mayor Egan then opened the public hearing to anYeriie; i cAs pg to speak. There being no one wishing to speak, Mayor Egan tumed the discussion back to the Coiui'ie1N: ::Wachter moved, Hunter seconded a motion to close the public hearing and approve the final assessment .roll for. Project 676, and authorize its certification to Dakota County. Aye: 5 Nay: 0 AUTHORIZATION T:O DIWT t W; OUCITATION ORDINANCE After Introductions by Mayor and Ainistrator Hedges, Councilmember Hunter Indicated he feels a modification to the ordinance :ls.•needed. :Hunter moved, Masin seconded a motion to authority staff /City Attorney's Office to draft a i!v solicit Ipsl ordinance. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION SIREN" # Q ''1', GARDENWOOD PONDS ADDITION After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. George Seagraves, Vice Presideru•f:3A:ller. Homes, gave the history of this project and the reasons for the request. He indic diiilti : irciijifc3: : :4ike a three month unconditional extension. Councilmember Masin asked why Mr : gniem wouldn't:gin the developers agreement. Mr. Seagraves responded that due to the way the ai'teement is worded; :tie Govems didn't want their assets potentially at risk on this project. The chances ot:that happening areory slim, but nevertheless he wouldn't sign it. Therefore, they are attempting to buji: n out to R1.9A.Priftifoject forward. EAGAN CITY COUNCIL MINUTES; JULY 11, 1995 'PAGE 5 Councilmember Awada expres44 concem about whether the city can legally waive the wetlands condition. Community Development Dir&Gtor Reichert Indicated .she doesn't feel the city can because the ordinance Is based on state statute. J r; rayes•;tfldicated their legal counsel's opinion is that the preliminary plat is the guiding documer4 i#:#tgt; .t ct e , 31 . of the rules that were in place at the time the preliminary plat was approved are the ;ii 1 s f ri effec1''i ig the development is being done: Councilmember Hunter requeifial clarification on the ruling that the receiver did not have the authority to sign for Mr. Govem. , City Attorney Sheldon Indicated that basically, the receiver was for Mr. •Govern, but Mrs. Govem is also an owner and has rights In the property. Considerable discussion followed concerning the street design and other conditions suggested to be imposed. Councilmember Hunter ir>tated he will not support an unconditional extension. He feels at a minimum, they should comply with a tree flpservation ordinance. Mayor Egan concurred. Mr. Seagraves indicated they will have no pc lem rrfge)ring the tree preservation ordinance. Mayor Egan reviewed the conditions arid' indicated he would be willing to waive the condition relating to lining up the intersection : :Drive :•witli the east entrance to Mueller Farm Park. Councilmember Awada indicated she diigri't:iii k :tf t liy:stititidd allow 32 homes to take driveway access nto what will be a collector street. Director of Public Works Colbert noted that the condition dealing with the wetlands will have a significant impact on the layout and design of the development. Mr. Seagraves indicated he is not comfortable having this extension granted with these conditions. He suggested this be continued so he can meet with staff..ralative "-to the wetlands issue. Community Development Director Reichert indicated the wetiacids::Is*i* is the main issue; however, she isn't sure whether the city has any discretion on that.:ctptitlRI ii;ii: ::After more discussion, Hunter moved, Awada seconded a motion to continue this to•,Julji;: *: : :Ajye:. §.;: Nay: 0 • CEDARVALE DRIVE, PETIT ONTO VACATE PUBLIC RIGHT -OF -WAY After an introduction by Mayor Egan, Adminlstltr':lges reviewed the project and noted that Mr. Parranto feels that the $300 application fee is not applicable: because the City is initiating this vacation option In lieu of a public project. After an explanation by Director of Public Works Colbert, Councilmember Hunter Indicated he feels the petitioner should pay this fee just like others do.,, He doesn't feel this is any different than other petitions. Egan and Wachter concurred. Director of Public Works Colbert .xlicated that Mr, Parranto will be submitting plans for the t improvement of Cedarvaie Drive. He neec &yv to wf at;s, ndard they should review the plans to What he is proposing is below City standard.$;IO a pi i,40;i tr'det:'this will now become a private drive with no curb and gutter. He Is proposing to : :but the d areas, patch h and do a 1 1/2 inch overlay. Mayor Egan Indicated that there has to be 41.;reasonabie.professional standard that provides the Council with enough information to make a knowledc., .',' ble deQtsltin. Councilmember Wachter noted that since they want to build this street below city street sta ct ilA . lly shutlkt_ have ft on record that they will never accept this street as a city street. Hunter aril :t, jtiiV iii ?. 3... Hunter moved, Wachter seconded a motion to receive the petition to vacate the platted public right-of -way of Cedarvale Drive and schedule a public hearing to be held on August 1, 1995. Aye: 5 Nay: 0 APPROVE AGREEMENT, MINNESOTA MOOSE/CIVIC ARENA After introductions by Mayor Eglat% td' kiff ifiit t pr Hedges, Parks and Recreation Director Vraa gave a staff report. He indicated he i s:tiot been abie:i meet with the management of,the Minnesota Moose to discuss the costs and terr ' ib1 the agreement : : : : :i -ie noted that the Council can defer this, or approve ft subject to approval by the: ty1Innesota Moose. ::After some discussion, Masin moved, Awada EAGAN CITY COUNCIL MINUTES; JULY 11, 1995 PAGE 6 seconded a motion to approve the prelifary draft of a joint agreement with the Minnesota Moose, and direct staff to continue the process for fiiiiiIzation and approval by the Council. Aye: 5 Nay: 0 COMPREHENSIVE GUID PLAN AMENDMENT, PREUMINARY PLANNED DEVELOPMENT AND PRMINARY SUBDIVISION, OAKPOINT OF EAGAN After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Jim Dimond, representing the applicant, explained the proposed development and urged Council approval. Considerable discussion followed on tree removal, the pond area, and traffic noise. Awada moved, Hunter seconded: a: motion to approve the Comprehensive Guide Plan Amendment changing 10.30 acres located west of G Eaxie Averihje and east of Plaza Drive, south of Cliff Road from LB to D -11, subject to Metropolitan Councif;:tview; ccj1der the preliminary planned development for 35 zero lot line single family homes, subject to i foltowriAconditions: • 1. Execution of the Planned Divgterat 2. The term of the Preliminary Planned Development Amendment shall be five years. 3. Final Development Plans shall be submitted which will include the final plat; final grading, drainage and erosion control; final signage; and final landscaping. 4. Two subdivision `monument signs located :4 :Sti tirtheast and southwest comers of the entire site (per Landscape Plan): 5. The signs shalt be subject io i #' bile time $20 /square foot sign fee at the time of sign permit • application. 6. The developer shall be responsible for pretpaii:aic# recording, with the subdivision, appropriate documents establishing a Homeowners' Assoeiatfan. The documents must be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the Homeowners' Association shall be recorded with the subdivision. EAGAN CITY COUNCIL MINUTES; JULY 11, 1995 PAGE 7 5. An Individual lot tree preser'Won plan will be required for Lots 3, 5, 7, 15-39 (excluding Lots 13 and 35, which are streets) 6. Tree protective measures 00:4101}$1ftjlei%giaminate safety netting) shall be installed at the drip line or at the perimet* of the cfiti6fi rotit•zone, whichever is greater, of the signfficant trees /woodlands to be preseia'red. ,7. The developer shall contact the Clty Forestry Division at least five days prior to the issuance of - a grading permit to ensure compliance with the approved tree preservation plan. 8. The subdivision shall be subject to a cash water quality dedication. 9. The developer shall abandi ,#?the exiOtig sanitary sewer stub from Plaza Drive. 10. The developer shall submit::concept:giading plan depicting the possible grading of each lot In the development. "" •• 11. The development Is subjeitiikiii.iiiiiatiiiki:41416bation based on single family rates. 12. The development is subject to a cash trails dedication. with direction to formally approve this as a future consent agenda item along with the related comprehensive plan amendment and preliminary planned development. Aye % :: 5 Nay: 0 REZONING: :$, UT 1 ST•EAGAN • After introductions by Mayor t±gai' and AdmintArator Hedges, Community Development Director Reichert gave a staff report. Hunter mcinii i :Wachter seconded a' motion to approve a rezoning of approximately four acres from 1 -1 to A, consfstlniq: glii :•separate but adjacent vacant unplatted parcels located east of Highway 3, south and west of Gun'sid, abutting the Eagan /Rosemount common border. Aye: 5 Nay: 0 PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY SUBDIVISION, OPUS CORPORATION /EAGAN PROMENADE After an introduction by Mayor Egart,•.Administrator Hedges reviewed the project and the process used to get this project to this point. Con ii tj :peyetb iett Director Reichert reviewed the proposal and recommendations from the Central k go: to §k i oi*Oiliti'rititig Commission and Advisory Parks, Recreation and Natural Resources Commission, a fici::indicatetf: i at the Council needs to declde the basic land use for the area. • Michelle Foster, of Opus Cor ark;:: fief . fIQJ Introduction, and introduced, members of the development team and their invoivemerifin'1;Itia:Pi'I jed.: :.iillit: ihl, of Maun & Simon, representing the O'Neil family, thanked the Council, staff and commission members for putting this proposal together and for their attention given to this proposal. He indicated that the O'Neil family is supportive of this proposal and he urged Council approval. Ron Krank, of KM Architects reviewed the site plan and basic concepts of the plan. He reviewed the pathway and landscape plans and urged Council approval. Tom Healey, of Healey Ramme Company, reviewed the residentiaj;otr : cf.the plan. Michelle Foster concluded by reviewing the benefits of the project. She noted tiia5: %hiefsit:ciii ji; :mixed use development that Is comprehensive in scope and will occur within a Iimit,$t#::kjrsriod of time:•: :;:Sloe added that this development can facilitate meeting some of the city objectives, afitl':enhance the citjj :tax base. EAGAN CITY COUNCIL MINUTES; JULY 11, 1995 PAGE 8 Mayor Egan complimented the iI elopment team for their presentation, and staff for their work on this. Councilmember Wachter noted that:t is plan doesn't meet everyone's objectives, but he thinks the plan looks good. He feels the recreation p ow . 11.:Ml. Vie. :.can't envision a community center at that location. He feels there should be a pac C i pi:.40:4h money used for something else. Councilmember Hunter concurteis: He suggested adopting the recommendation of the Plahning Commission rather than the Advisory }is, Recreation & Natural Resources Commission regarding the purchase of the eastem portion of the site. He feels the Parks Commission had, a different vision from the Central Area Task Force and Council In terms of having an active park component. He feels the plan encompasses most of the components of the vision. He feels the city should look at the northwest quadrant for the park component. He thinks the restaurant commons area will become a key active public area. It will present some shopping opportunitl :that Eagan has never had that a lot of people have been looking for. He thinks Eagan residents want ttit ;very ba ll and feels ft will be a great asset. It is a well thought out plan as opposed to the piecemeal d lopmerit bat occurred in the Town Centre area. Opus has a long history of quality and involvement in the: ommurilfy4 He feels It will be a quality development and a huge tax base increase. Although It is not eXactiy :whaftie envisioned, he feels It is a fantastic opportunity and a huge win for Eagan. Councilmember Masin thanked the staff, task force, commission members and development team for their work on this. She questioned where the focal point of this development would be. She doesn't feel It meets the vision. The plan was for this area to be a mixed development, and what she sees is a strip mall. She doesn't see a mix and she doesn't see anything that ties everything together to give it synergy. The components are there, but there should be a better way.pf putting them together. Councilmember Awada concurred. Their vii afrwas'fdr a central place and she doesn't feel this plan accomplishes that. The park area is tqp :;ss 41ii:: : :If this apasses, she agrees that the recreation space and community center should be located soft eviifiere'else. Ois is basically a strip mall with a small public area. The vision was talked about throughout the;s etlpgs, 'and Opus has changed the plan very little. It isn't even close to what they envisioned. There hastiiitiC a :and, take on both sides, and she feels the city has been doing all of the giving. There has to be some •rriligit praund. The city is Investing money in this and ft doesn't meet the vision. Mr. Krank responded that typically, strip centers are linear. This project has a curvature to give it more visibility from all angles. He noted that at one point, they indicated to the City that they were having problems with the public portion of the plan, and looked to the city for help on ft. If the Council wants to make another recommendation for this area,; :they are willing to look at it He doesn't feel this is a typical strip center. They have responded to as:t iat i ;,f th :0101 eiits set forth by the task force as they could. There is a long list of wishes from the:M0faild "bOAr4tifidlie feels most of them were Incorporated. Not all of them were Incorporated, but then has cotta a long way from the original plan. Councilmember Hunter stateciiii feels tiOi.I.Common architectural elements tie this together. This is not a typical power center. The entity pi btip: ipy;jro ess is what has led this plan to where It is now He can't believe the city would tum dr.li;rceaseife, 500 jobs and shopping opportunities that Eagan doesn't have. Councilmember Masin noted that the Mall of America is five minutes away._ People niy need so many shopping opportunities. Councilmember Awada added that the area will develop anyway which will increase the tax base regardless of whether this goes in or not. Mayor Egan emphasized that the.kyfeed$to;be realistic In their expectations for this project. Only so much can be accomplished on:t s: ;slit:' :'fist tliaesn't mean that the goal can't be accomplished, but we need to be realistic. Perhaps se? Ti ;:bf these goatla:tiead to be accomplished in the other quadrants. He feels the development team 'has 66iiie a long way. They put in the small shops and created a very important focal point. They changed:*;design of the strip :trail and developed an incredible landscaping plan. The Plan helps to facilitate the Alfity to create a .ggAti: :competitive environment for this entire area, EAGAN CITY COUNCIL MINUTES; JULY 11, 1995 PAGE 9 and perhaps the•public component won't :o on this site. He agrees that rather, than trying to put a major public component on this site, that the cify'try to use whatever money is available and find another location for it. It doesn't need to be done now. TTis:is.A.'tert:y.9af places• He feels this needs to be taken one step at a time. He feels that given the sitel; Wigs *Ibbt3;g:develop any type of center that Is entirely pedestrian friendly. He feels this Is an Inc. redible oppbtttitiiiji; frid cannot believe the city would give up the tax base just because it doesn't accomi.gil exactly what was wanted. This process is just the beginning. Michelle Foster responded to some of the issues raised by the Council. She noted that it is a 120 acres and it is difficult to create synergy within the component parts of the plan and make it pedestrlan- friendly. Because it Is such a large parcel, they created focus subareas as well as a central focus. They have tried very diligently to meet the objectives of the city. She reviewed a number of changes made to the plan as a result of direction by the city.: : :A;he.noted they can keep Working on the public component if the Council is unhappy with It; however, th>rt:are Iimjt:as to what they can do. Considerable discussion followOdoncerrik theplan and how it fits with the criteria and objectives set out. Community Development Director Reiche'rtnoted that they are not looking for formal approval of the preliminary planned development aia tlpri 1,mli*y. ::0t3bdtvisIin. What is needed is direction so the final site plan can be revised and the preaim#hity: platiiitufife1ik!s i lent agreement drafted with greater detail. This is basically a vote of Intention that the project will go forward, with more details to work out. Considerable more discussion followed on the concepts of this plan. Wachter moved, Hunter seconded a motion to approve the preliminary concept plan with direction to staff to work on the details of the plan and bring it bacl ;to the Council for further review and formal approval. Aye: 5 Nay: 0 CONTR ' $;f:O8, 19 SEALCOATING After an introduction by Mayor Ega , Administrator Hedges gave a brief report. Hunter moved, Awada seconded a motion to reject the bids atix# : *utltva}z•.readvertisement of modified specifications with a bid opening to be scheduled for 10:00 a.m. on Ju0•2648 . Aye: 5 Nay: 0 Director of Public Works Colbert reviewed problems they have been having with the closure of T.H. 3 and the detour. Administrator Hedges gave an update on the Municipal Center and civic arena projects. •Counclimember Wachter noted • :�$te fiygigi cks: :parked at Rentables, and the Council only authorized four. He proposed that the:: iiribi tgiic t8 :ii66,irdisparfties and work with Legislators and tell them our side of the story. He also 11011.0 that *gig the budgeting session, he would like to review the city's membership In the Dakota County;gconomic. pevelopment Commission. Mayor Egan noted that he rec ,t;2 ! *?: sR rom fig :H.ouse indicating a concern about the number of trees coming down in the developmeitit:t hifidAloll: t iiiisi Glen -condominiums. He asked Community Development Director Reichert to see whether there Is a violation of the tree preservation ordinance. Councilmember Masln gave a report on the volunteer recognition picnic. She Indicated she is really pleased to have such dedicated people on our boards and commissions and encouraged citizens to thank commission members for their service to the; l #ally,. Mayor Egan concurred. Councilmember Hunter express # a concern iitbi4:cars parked at Lexington Avenue and Town Centre Drive. He feels ft is dangerousli; allow parking oramyth sides. Counclimember Awada concurred, Indicating there is an apartment compiex:that do esn't have erough off- street parking and that is causing this problem. Prohibiting parking on th f :;Street might, force; Ville owner of the apartment complex to do ' EAGAN CRY COUNCIL MINUTES; JULY 11, 1005 PAGE 10 • — something about the parking situation tygge. Director of Public Works Colbert Indicated he has received many complaints about this. He would tike to discuss the off - street parking issue on a comprehensive basis throughout the community and suggesl:I:lksCt*s} t :tt;iupcoming workshop. ;> HEC#C'RE TS R Wachter moved, Egan seconddd i motion to approve the check register dated June 30, 1995 In the amount of $1,676,738.08. Aye: 5 Nay: 0. llStfE1;1 At 11:25 p.m. the Council adjot#iaited the feeting to resume the work session. Date DLP City Clerk ff you need these minutes In an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681 -4600, (TDD phone: (612) 454 - 8535). The City of Eagan is committed to the policy that alt p rsQns� Lave equal access to its programs, services, activities, facilities and employment withoit rege 1 tQ r ; color, creed, religion, national origin, sex, sexual orientation, disability, age, marital stattis::gr•:stafil6 with; gard to public assistance. EXHIBIT A 1995 -96 Livens d Xadsaae T4erapists Therapist Name Trevor Richards 3294 Valley,Ridge Dr. Eagan, 1411 55121 Barbara Ward 230 -13th Ave. S. 80. St. Paul, MN 55075 Laceson Town 1887 Bear Path Tr. Began, MN 55122 Susan Sterns 1960 Cliff Lake Rd. #108 Eagan, MN 55122 Pet r Dietzler 7426 Nicollet Ave. Richfield, MN 55423 'in Condon 1330 N. Landmark Tr. H pkins, MN 55343. Claudia Jean Reece Ernst 1090 Ohio St. W. St. Paul, MN 55118 Hendricus Jansen 1941 Irving Ave. S. Minneapolis, MN 55403 GiGi Jerilyn Decker 980 Bush Ave. E. St. Paul, MN 55106 DeAnn Johnson C/O Lifetime Fitness 2565 Thomas Center Dr. Eagan, MN 55122 Mary Lynch 989 Goodrich Ave. St. Paul, MN 55105 License i 1995- • • !se Pd. d flj IS Brooks Superette 3390 Coachman Rd. Eagan. MN 55121 02S Cedar Cliff Amoco 4600 Slater Rd. Eagan. MN 55122 03S Cedarvale Texaco 3830 Sibley Nem Hwy Eagan. MN 55122 045 Duckwood 66 3575 Pilot Knob Rd. Eagan, MN 55122 055 Eagan E -Z Stop 4195 Nicols Rd. Eagan. MN 55122 06S Eagan Amoco 4205 Nicols Rd. Eagan. MN 55122 07S 085 09S . 105• 113 12S FinaServe 3150 Dodd Rd 1576 FinaServe 1286 Lone Oak Rd. 1594 FinaServe 4250 Lex. Ave. S. 1590 Holiday Stationstore 1232 4595 Nicols Rd. 1247 - 3615 Pilot Knob Rd. PDQ 1214 4198 Pilot Knob Rd. 13S Sinclair 122028 3946 Nicols Rd. 14S SA 14049 -4200 E Hwy 13 15S #4182 -1406 Yankee Doodle Rd. 16S #4335 -1379 To Centre Dr. 17S #4464 -2250 Cliff Rd. 18S Texaco Superstore 1579 Cliff Rd. . Eagan. YN 55122 193 20S 21S 22S 23S Tom Thumb -2125 Cliff Rd. 1446 Yankee Doodle Rd. 4130 Blackhawk Rd. Total Petroleum -4206 Nicols Total Petroleum -2000 Rahncliff Ct. 24S Yankee Square Amoco 1424 Yankee Doodle Rd. Eagan. MN 55121 1995 -1996 Service Station Permits • Bjlling Address Gateway Foods of Mpls 1511 Excelsior Ave E 1102 Hopkins, MN 55343 Robert Schlangen :::8355 T. 103rd St. • Bloomington, MN 55438 3830 Sibley Mem Hwy Eagan, MN 55122 Phillips Petroleum Co P. O. Box 199 Bartlesville, OK 74004 CrowniggEo, Inc. 4195 Ila* i1s Rd. Eagan 55122 Eagan. MN 55122 Twin Cities Stores. Inc. 220 So. 6th St. 12000 Hinneapolis,.ldN 02 :. :la�lida;Stestores, Inc. ::567 V. 801.1:St. a olis; �iN 55437 PDQ Food S t s f .11N, Inc. 6600 City 10 Pkiry:l0 .Eden Prairie, MN 55344 77707 Sinclair Mktg. Co. P. 0. Box 30825 :$sll •Lake City..F:; $4130 -0825 Su�#ioerica'#d:i'Tric: P. O. B'ai :14004 Lexinglfla, KY 40512 . Yocuiriompaiy, Inc. 2719 Stillwater Rd. St. Paul, MN 55119 .Tons:711umb.Food Markets Inc. 110 ;;:fittai:AWilitensing ::;Hastings, llN 15033 Avanti Petroleum, ;Inc. dba Total 8148 Pillsbw:y .#61S. ii?Re ij q s i XS420 ACA Management Co. 2288 M. Cty. Rd. C Roseville. MN 55113 1400.00 51 D0.00 Paid &Sent t100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $200.00 *100.00 $100.00 $300.00 $200.00 $100.00 1995 Amusement Device 'VENDOR mien wale: Advance Carter C . American Amusement 850 Decatur Ave. N. Minneapolis, MN 55427 645 -6810 Licens Peri d: July 1, 1995 -June 30, 1996 i Mom. Lic 0 LOCATION 2 mach. 3 mach. 001 Bulk Mailing Plant -3165 Lexington Av . 002 J. Doolittles -2140 Cliff Rd. Dahlco Music & Vending 296 N. Pascal St. St. Paul, !III] 55104 C/O Alex 645 -1111 16 mach. • • • ••413::..:akte Lanes- 3883 Beau De Rue $ '15 mach., 004 LaFonda's -3665 Sibley Memorial Hwy. $ 7 mach. ;005 Valley Lounge -3385 Sibley Memorial Hwy. $ 1 mach. M006 Richards -4185 So. Robert Tr. $ 5 mach. 007 Cherokee Room -4625 Nicola Rd. $ 2 mach. 008 McDonalds $ 1 mach. 009 Nediteranean Cruise $ ,2 mach. 019 Pizza -N -Pasta $ Gary Starks 3125 Dodd Rd. Eagan, MN 55121 4 -15 macho:;:: 010 :. 4tarks Saloon -3125 Dodd Rd. Theisen Vending 3800 Nicollet Ave. Minneapolis, MN 55409 >15 machr::,,,;0 .pens'$ m -3984 Sibley Memorial Hwy. $ Awe Vending 4 Amusements 476 So. Sn lling Ave. Suite 92 St. Paul, MN 55105 5 mach. 012, Diamond T -4889 Pilot Knob Rd. 2 mach. 013 Main Ave Video -1565 Cliff Rd. 2 mach. 014 144t1414 Video -4180 Pilot Knob Rd. 2 mach. 01 ..x*in000 is Pizza -4162 Pilot Knob Rd. 3 mach. ;:0 #; :;:::;::Sp). tball Indoor -3820 Sibley Mem Hwy Wally Shav r 15764 Highview Dr. .Appl Vall y, MN 55124 1 mach. :: "f:: .•Cherokee Room -4625 Nicola 'Rd. Mendota Valley Amusement 2 mach. 9177 E. Courthouse Blvd. Ct. Inver Grove Hts, MN 55077 451 -0420 CDL 1317 No. Hwy. 169 Champlin, MN 55316 427 -6956 American Amusement Inc. 1416 Carroll Ave. St. Paul, MN 55104 Attn:,Mark 018 Golden Gloves Card Shop 3390 Coachman Rd. 4210 3 mach. zia-liuf =Town Centre Dr 1 mach. 021 L: pizza- Hut -Cliff Rd. 1 mach. 022 �avani n'a -Cliff Rd 1 mach.:. :025 t i at Pie Shoppe 1994 TRAILER PERMIT RENEWALS - $50.00 01T 8 &,17 Dist. dba Tripp Oil 3085 Sibley Mem Hwy. Eagan, MN 55122 ( Mail to: 3706 Ent rpris Dr SW Rochester, MN 55902 (507)288-9590 199596 7JicsAsOd iikki4istablisbmentrAndivngte TE Establishment Nm, pee Pd. Kokomo Tan Dan Larson 1960 Cliff Lake Rd. Eagan, MN 55122 Lif time Fitness Bahrain Akradi 1565 Thomas Center Dr. Kagan, MN 55122 Agenda Information Memo August 1, 1995 Eagan City Council Meeting There are seventeen (17) 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. A. PERSONNEL ITEMS Item 1. Police Officer -- ACTION TO BE CONSIDERED: To approve the appointment of Brian Rundquist as a Patrol Officer with the City of Eagan. FACTS: The City of Eagan has received a federal grant in order to be able to hire an additional police officer. The program, nicknamed "Clinton Cop Program," will give the City of Eagan a total of $75,000 over a three year period. It is the recommendation of Chief of Police Geagan that Community Service Officer Brian Rundquist be appointed to the Patrol Officer position. Item 2. Sergeant- - ACTION TO BE CONSIDERED: To approve the appointment of Linda Myhre as a Sergeant in the Eagan Police Department. FACTS: After testing and interviews, it is the recommendation of Chief of Police Geagan that Detective Linda Myhre be appointed to the vacant Sergeant position in the Eagan Police Department. Item 3. Assistant Civic Arena Manager- - ACTION TO BE CONSIDERED: To approve the hiring of Mark Vaughn as the Assistant Civic Arena Manager. 1 _ Agenda Information Memo August 1, 1995 Eagan City Council Meeting FACTS: After interviews, it is the recommendation of Director of Parks and Recreation Vraa, Civic Arena Manager Burkhart, Superintendent of Recreation Peterson and Assistant to the City Administrator Duffy that Mark Vaughn be hired as the Assistant Civic Arena Manager. Item 4. Recycling Intern — ACTION TO BE CONSIDERED: To approve the hiring of Mary Chamberlain as a part-time temporary Recycling Intern. FACTS: It is the recommendation of Communications /Recycling Coordinator Foote and Assistants • to the City Administrator Hohenstein and Duffy that Mary Chamberlain be hired as a temporary part-time Recycling Intern. This position is part of the 1995 approved budget. Item 5. Park Maintenance Worker- - ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as a Park Maintenance Worker, contingent upon successful completion of the physical examination requirement. FACTS: Testing and interviews have been held for the vacant Park Maintenance Worker position. References are currently being checked on the leading candidate. It is expected that a name will be furnished for recommendation for appointment to the position either with the administrative packet on Monday or at the City Council meeting on Tuesday. Item 6. Temporary Seasonal Basketball Coaches/Referees -- ACTION TO BE CONSIDERED: To approve the hiring of Kimberley Ann Moore, Catinea Washington, Rich Griffin and Daniel Delgado as seasonal basketball coaches /referees. FACTS: After interviews, it is the recommendation of Youth Development Coordinator Ashley that Kimberley Ann Moore, Catinea Washington, Rich Griffin and Daniel Delgado be hired as temporary seasonal basketball coaches /referees. a Agenda Information Memo August 1, 1995 Eagan City Council Meeting B. PLUMBERS LICENSES ACTION TO BE CONSIDERED: To approve the plumbers' licenses for Best Plumbing Inc., Master Plumbing, RDC Plumbing Inc., Richie's Plumbing Inc. and Southwest Plumbing. BACKGROUND: These applications are in order for consideration by the Council at this time. 3 Agenda Information Memo August 1, 1995 Eagan City Council Meeting C. CHANGE ORDERS/PQLICE DEPARTMENT MUNICIPAL CENTER EXPANSION ACTION TO BE CONSIDERED: To approve change orders for the Police Department in the amount of $740.45 and for the Municipal Center expansion in the amount of $13,063. FACTS: • Paperwork is being completed in order to close out the Police Department project and three change orders in the net amount of $740.45 are in order for consideration by the Council. These items previously appeared on the pending changes portion of the building's financial reports. • The City is in receipt of six change orders for various items in the Municipal Center expansion. The amount indicated will be reduced by a future change order in the amount of $531 for deletion of a rough -in for a potential future sink in the lunch room area. The largest of the changes, making more than half of the total, is a connection between the rain water leaders in building and the storm sewer system which was part of the site project. This charge was necessary for the systems to work together but was more appropriately charged against the building rather than the site. • Staff has requested that a glycol antifreeze mixture be added to the heating system to replace the water which was previously used in the system in the Municipal Center. Maintenance staff is confident that the use of this material in the system will reduce long -term maintenance costs by more than the amount expended. ATTACHMENTS: • Staff memorandums on pages through /J � . 1. MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JULY 20, 1995 SUBJECT: POLICE DEPARTMENT CHANGE ORDERS The City is in receipt of the remaining change orders for the Police Department in the net amount of $740.45. The changes are described below: 1. Spancrete Midwest - Change Order #1/pco #38 - Backcharge for Spancrete debris clean up - ($974.03). 2. Peterson Electric - Change Order #16 /pco #107 - Revise disposal wiring, add heat detector in electrical space for fire code and install monitor support in dispatch - $827.16. 3. Peterson Electric - Change Order # 17 /pco # 109 - Rewire and relocate dumbwaiter controls per elevator inspector - $887.32. These items have been reviewed in detail by the staff and consultants and are in order for consideration by the City Council at this time. If any Council member wishes to review the change in more detail, please let me know. • z CHANGE ORDER PCO No. 38 PROJECT: City of Eagan Police Facility Eagan, Minnesota ID CONTRACTOR: Sparicrete hidwest Company P.O. Box 206, Highway 152 Osseo, MN 55369 CHANGE ORDER NUMBER 01 INITIATION DATE: December 8, 1994 ARCHITECTS PROJECT NO: 624.A JUL 11 1996 t 1 ; CONSTRUCTION MANAGERS PROJECT NO: 9423 CONTRACT FOR Bid Division 03: Precast Plank CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract o Provide all work associated with the following item(s) slated in Northland Concrete's proposals dated October 25, 1994: • Backcharge for Northland Concrete to clean Spaniard debris from rre-cast DEDUCT ($974.03) TOTAL ($974.03) Not valid untii11 geed 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 Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be decreased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. 75,427.00 $ 0.00 S 75,427.00 (974.03) S 74,452.97 (0) Days Recommended. by ConstnuctionManager E&V, Incorporated Minneapolis, MN Approved by Architect Thorbeck Architects M6meapolis, MN By V. U1 141;4 i4.w-o ..._ Date: 7/1 q_5 Authorized by Qwnrj City of Eagan Eagan, MN By: Date: CHANGE ORDER PCO No. 107 PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR: Petersen Electric Unlimited 12903 Pioneer Trail Eden Prarie, MN 55347 CHANGE ORDER NUMBER: 16 INITIATION DATE: June 12, 1995 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division 25: Electrical Mark No.: 300 -250 CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in FCA 058, dated April 22, 1995, and as per your proposal dated April 26, 1995. • Hard wire disposal at sink in rooms 144 and 146. ADD $213.45 o Provide all work associated with the following item(s) stated in Bulletin #E44, dated May 19, 1995, and as per your proposal dated May 23, 1995: • Add heat detector near center of room on ceiling in Room B04. ADD $241.69 o Provide all work associated with the following item(s) stated in your proposal dated May 30, 1995: • Install one TV support and screw in coax cable in ceiling of room 113. ADD $372.02 TOTAL $827.16 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 Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. $ 417,905.00 $ 9,966.38 $ 427,871.38 $ . 827.16 $ 428,698.54 (0) Days Recommended by Construction Manager E&V, Incorporated Minneapolis, MN By: Date: $ to S' Agreed to by Contractor Petersen Electric Unlimited Eden Prarie, MN By: Date: Approved by Architect Thorbeck Architects Minneapolis, MN By: Date 4 /45" Authorized by Owner City of Eagan Eagan, MN By: Date: By: Date: CHANGE ORDER PCO No. 109 PROJECT: City of Eagan CHANGE ORDER NUMBER: 17 Police Facility Eagan, Minnesota INITIATION DATE: July 10, 1995 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A Petersen Electric Unlimited CONSTRUCTION MANAGER'S PROJECT NO: 9423 12903 Pioneer Trail Eden Prarie, MN 55347 CONTRACT FOR: Bid Division 25: Electrical Mark No.: 300 -250 CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in Bulletin 43, dated May 3, 1995, and as per your proposal dated May 11, 1995. • Re -wire for moved dumbwaiter controller. ADD $887.32 • TOTAL 8887.32 Not valid until signed by the Owner, Tie 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 Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. $ 417,905.00 $ 10,793.54 $ 428,698.54 $ 887.32 $ 429,585.86 (0)Days Recommended by Construction Manager E&V, Incorporated Minneapolis, MN A¢reed to by Contractor Petersen Electric Unlimited Eden Prarie, By: Date: zee Approved by Architect Thorbeck Architects Minneapolis, MN �k�p Date: 4. io< Authorized by Owner By: City of Eagan Eagan, MN By: Date: By: Date: MEMO _city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JULY 20, 1995 SUBJECT: MUNICIPAL CENTER EXPANSION CHANGE ORDERS The City is in receipt of six change orders for the municipal center remodeling in the amount of $13,063.00. The changes are described below: 1. McGuire Mechanical - Change Order #1 /pco #10 - Replace sillcocks broken before construction, add water and waste lines for future sink and add glycol mix to heating system per building maintenance request (credited in next change and charged by Romark) - $4,407.00. 2. McGuire Mechanical - Change Order #3 /pco #21 - Credit for glycol to be subcontracted through Romark - ($2,734.00). 3. McGuire Mechanical - Change Order #2 /pco #11 - Connect rain water leaders from building to site storm sewer system - $7,483.00. 4. The Builders, Inc - Change Order #3 /pco #14 - Demolish interior of Drug Task Force space, demolish non -rated shaft walls, add fire extinguisher cabinet and replace high impact wall panels with standard panels - $791.00. 5. Ceilings, Inc - Change Order #1 /pco #18 - Add ceiling tile in workrooms where soffits are to be deleted - $245.00. 6. Romark, Inc - Change Order #2 /pco #22 - Add glycol to heating system - $2,871.00. These items have been reviewed in detail by the staff and consultants and are in order for consideration by the City Council at this time. If any Council member wishes to review the change in more detail, please let me know. CHANGE ORDER PCO No. 10 PROJECT: City of Eagan City Hall Addition Eagan, Minnesota TO CONTRACTOR: McGuire Mechanical Services, Inc. P.O. Box 219 20830 Holt Avenue Lakeville, MN 55044 CHANGE ORDER NUMBER: 01 INITIATION DATE: June 26, 1995 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division C14: Plumbing Mark No.: 300 -140 CONTRACT DATE: February 15, 1995 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in proposal dated June 19, 1995. • Remove two broken sillcocks, replace with 12" long sillcock with vacuum breaker inside brass box, with cover and key lock. ADD $1,142.00 Provide all work associated with the following item(s) stated in Bulletin No. 04, dated May 16, 1995, and as per your proposal dated May 23, 1995. • Add future RI waste, vent, and water for sink Room 238. ADD $531.00 o Provide all work associated with the following item(s) stated in Bulletin No. 05, dated May 23, 1995, and as per your proposal • dated May 26, 1995. • Add 35% Glycol to existing heating system. ADD $2,734.00 TOTAL ADD $4,407.00 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 Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. $ 55,475.00 $ 0.00 $ 55,475.00 $ 4,407.00 $ 59,882.00 (0)Days Recommended bv Construction Manager E&V, Incorporated Minneapolis, MN 13y: Date: Date:: 67 o� Agreed to bv Contractor Approved by Architect Thorbeck Architects Minneapolis, MN By: 7 Date: 1/1/4 5 Authorized by Owner City of Eagan Eagan, MN By: Date: By: _ Date: CHANGE ORDER PCO No. 21 PROJECT: City of Eagan City Hall Addition Eagan, Minnesota TO CONTRACTOR: McGuire Mechanical Services, Inc. P.O. Box 219 20830 Holt Avenue Lakeville, MN 55044 CHANGE ORDER NUMBER: 03 INITIATION DATE: July 18, 1995 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division C14: Plumbing Mark No.: 300 -140 CONTRACT DATE: February 15, 1995 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in Bulletin No. 05, dated May 23, 1995, and as per your proposal dated May 26, 1995. Delete - should be under Romark contract for HVAC. • Ajld 35% Glycol to existing heating system. DEDUCT ($2.734.00) TOTAL DEDUCT ($2,734.00) 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 Net change by previously authorized Change Orders The Contract Stan prior to this Change Order The Contract Sinn will be decreased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. $ 55,475.00 $ 11,890.00 $ 67,365.00 $ (2,734.00) $ 64,631.00 (0)Days Recommended bv Construction Manager E&V, Incorporated Minneapolis, MN Aamed_ to bv Contractor McG M- ical Services, Inc. By: %/151 i Dater -ALUI Approved bv Architect Thorbeck Architects Minneapolis, MN Date: ' U Authorized bv Owner City of Eagan Eagan, MN By: Date: By: Date: l( CHANGE ORDER PCO No. 11 PROJECT: City of Eagan City Hall Addition Eagan, Minnesota TO CONTRACTOR: McGuire Mechanical Services, Inc. P.O. Box 219 20830 Holt Avenue Lakeville, MN 55044 CHANGE ORDER NUMBER: 02 INITIATION DATE: June 26, 1995 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division C14: Plumbing Mark No.: 300 -140 CONTRACT DATE: February 15, 1995 You are directed to make the following changes in this Contract: Provide all work associated with the following item(s) stated in Bulletin No. 09 dated June 1, 1995, and as per your proposal dated June 15, 1995. • Add 8" RWL, additional rain water piping inside of building, core drilling walls and manholes, and hookup to existing manholes. ADD $7,483.00 TOTAL ADD $7,483.00 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 Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. $ 55,475.00 $ 4,407.00 $ 59,882.00 $ 7,483.00 $ 67,365.00 (0)Days Recommended bv Construction Manager E&V, Incorporated Minneapolis, MN By: 77K7, rL. Date: (0,6i Xi`�S Agreed to bv Contractor Approved bv Architect Thorbeck Architects Minneapolis, MN By: 17,1/041130.4"------• Date: ■ J f l 3/45 Authorized bv Owner City of Eagan Eagan, MN By: Date: By: Date: CHANGE ORDER PCO No. 14 PROJECT: City of Eagan City Hall Addition Eagan, Minnesota TO CONTRACTOR: The Builders, Inc. 8100 Wayzata Boulevard Minneapolis, MN 55426 CHANGE ORDER NUMBER: 03 INITIATION DATE: June 27, 1995 ARCHITECT'S PROJECT NO: 624.B CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR: Bid Division C04: Carpentry Mark No.: 300 -040 CONTRACT DATE: February 15, 1995 Y u are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in FCA #6, dated May 12, 1995, and as per your proposal dated May 26, 1995. • Remove partitions and carpet from wall at lower level for new mech. room. ADD $605.00 o Provide all work associated with the following item(s) stated in FCA #9, dated May 19, 1995, and as per your proposal dated May 26, 1995. • Demo. shaft walls in rm. 234 and removal of south wall of shaft in vault rm. 205. ADD $749.00 o Provide all work associated with the following item(s) stated in Bulletin #6, dated May 23, 1995, and as per your proposal dated June 5, 1995. • Add one recessed fire extinguisher and cabinet in open office 113. ADD $182.00 o Provide all work associated with the following item(s) stated in Bulletin #8, dated May 30, 1995, and as per your proposal dated May 31, 1995. • Provide 3/4" standard acoustical wall pnls in lieu of 1 1/2" high impact pnls. DEDUCT ($745.00) TOTAL $791.00 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 Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. $ . 296,700.00 $ (507.00) $ 296,193.00 $ 791.00 $ 296,984.00 (0)Days Recommended bv Construction Manager E&V, Incorporated Minneapolis, MN By: 77 7S/ Date: &/a) qs'' Agreed to bv Contractor The Builders, Inc. Minneapolis, MN 15 Approved by Architect Thorbeck Architects Minnenpolis, MN By:21214t k�......._ Date: .y tl /45" Authorized bLOwner City of Eagan Eagan, MN By: Date: By: Date: CHANGE ORDER PCO No. 18 PROJECT: City of Eagan CHANGE ORDER NUMBER: 01 City Hall Addition Eagan, Minnesota INITIATION DATE: June 28, 1995 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 624.A Ceilings Incorporated CONSTRUCTION MANAGER'S PROJECT NO: 9423 1424 North Third Street Minneapolis, MN 55411 CONTRACT FOR: Bid Division C08: Acoustical Ceilings Mark No.: 300 -080 CONTRACT DATE: February 15, 1995 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in Bullet in #1, dated April 6, 1995, and as per your proposal dated April 13, 1995. • Add Drawings 1 /A4R, 2 /A6R, 8/4.1R, 10 /4.1/R, and 9/4.1R/5/7.1 R. ADD $0.00 o Provide all work associated with the following item(s) stated in Bulletin #7, dated May 30, 1995, as per your proposal dated June 2, 1995. • Delete soffits in work areas 121 and 222. Extend acoustical ceiling tile to walls, 144 square feet. ADD $245.00 TOTAL ADD $245.00 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 Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. $ 38,895.00 $ 0.00 $ 38,895.00 $ • 245.00 $ 39,140.00 (0)Days Recommended by Construction Manager E&V, Incorporated Minneapolis, MN By: S3 ilk./ Date: to Agreed to by Contractor Ceilings Incorporated Minneapolis, MN By , leica Dateh7/R3' • Approved by Architect Thorbeck Architects Minneapolis, MN By:.. Gl"- Date: %/1t /15 Authorized by Owner City of Eagan Eagan, MN By: Date: By: Date: 'CHANGE ORDER PCO No. 22 PROJECT: City of Eagan CHANGE ORDER NUMBER: 02 City Hall Addition Eagan, Minnesota INITIATION DATE: July 18, 1995 TO CONTRACTOR ARCHITECT'S PROJECT NO: 624.A Romark, Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 278 Chester Street St. Paul MN 55107 CONTRACT FOR: Bid Division C15: Heating, Ventilating, & AC Mark No.: 300 -150 CONTRACT DATE: February 15, 1995 You are directed to make the following changes in this Contract: Provide all work associated with the following item(s) stated in Bulletin No. 05, dated May 23, 1995, and as per your proposal dated May 26, 1995. • Add 35% Glycol to existing heating system. ADD S2,871.00 TOTAL ADD $2,871.00 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 Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. $ 386,765.00 $ 4,961.00 $ 391,726.00 $ 2,871.00 $ 394,597.00 (0)Days Recommended by Construction Manager E&V, Incorporated Minneapolis, MN By: Date: -wet Arieed to by Contractor Romark, Inc. St. Paul, MN BY� ll�ll 41404■16 Date: 4-!g -95 Anoroved by Architect Thorbeck Architects Minneapolis, MN By: "D. Date: ?/ 17 Mr Authorized by Owner City of Eagan Eagar, MN By: Date: By: Date: Agenda Information Memo August 1, 1995 Eagan City Council Meeting D. FINAL SUBDIVISION - MALLARD PARK 4TH ADDITION ACTION TO BE CONSIDERED: To approve the Final Subdivision, Mallard Park 4th Addition, located on the west side of Johnny Cake Ridge Road north of Woodgate Lane North and south of Difiley Road. FACTS: • Final plans, development contract, and security agreements have been reviewed and are in order. BACKGROUND /ATTACHMENTS: (1) Plat Map, page / ? . . EXHIBIT „ A„ MALLARD PARK 4TH ADDITION .� .�......».«•_ ■ ■f ■■ __ --._......._ 10 LI PIQ, . .`'. e �•ya • 4• . .� Nit 4• 7. 40,4 4 Y I•PM•w••M•.• UM a•NEM•MID MI •io• MI MB O • MI Li•M• •100. weal Par MM IIINCMIO. IQ. tel: i MD • UM111. -Y -- •M IS Saar •• Frkivarrol MO= • IMMIIIIIIMEN lac •MOM Om Os RECEIVED JUL 2 7 1995• ' EXHIBIT 'Au • MALLARD PARK 4TH ADDITION mem .or•Anva or - rmyrt.."• Itrirtir 1114 Y.FT :5-42 ......... Ef•r:11:11E ... 91•••■■ 11•■• W44115X: TUMMTFINC; KM M. :r...ra t:3 G:411P,V iiO. • MOT CIMT SIgt g; KIWI' mi.... Ma Ira? ........ •IN111•1•011 •••••••••■1 NMI .1 maw. 1,F v• • OM OM • 1111•• ••■•••=1.1m. ORM MUMS NOM I•111 MI • 111•11•1•11=• 1•111. MO "NM =MIN • MIS 1••• MUNI MI • 10 LIM • ••• •1• M. 111.01111 IIIN 11•111CIMel, IIIC. 1 :A4 as sift 1111ITLet )I • • 1 1 Wry nittl"' 1111•? 1 0:511Y 7 %inn •••• 06.1.• • •1/111.11T • aisamaze me • • nn .••• OA It •••11 11•••• =MP1=• O. M ULM a .4 ▪ mow wa ass emu mom 5111 111•1•111 • Ma 114 •••• •• ••• • RUM., MS OM EXHIBIT "A" • LW. non I • 4 awn MALLARD PARK ..... 4TH ADDITION • • IpPv • • •• ; I! 0: •I•.• 1101,4144 - •••■•■• MEW ...... NAM NMI IIINCUMM. NC. Is % • ;r. 1" • / - /et .04"•-•••c1ulgra / limm•m mom smi mom • mom rtt.1—•-• ••••• MM.& 14•01•1 MIMI.. OM • MIMI • • 12111• NI•M t.. •••• •••. UM • 10 ••••1 • t MI MEM IMMO 1111 0114 IM1•••••••1• 11•11/1• RAI INI • MINA. IM•O. •••111•1111111•1 MI MY _I PM l =NM INIMM LIM, OM OMEN MEM am • PM • MUM Mat MN • •Mi• as MEM Mom. • am or rm. u mr • vi • IM1 Agenda Information Memo August 1, 1995 E. CONTRACT 95 -04, DEERWOOD TOWNHOMES ACTION TO BE CONSIDERED: To receive the bids for Contract 95 -04 ( Deerwood Townhomes - Utilities), and continue contract award consideration indefinitely. FACTS: • On July 11, the City Council approved the detailed plans and specifications for the installation of utilities to be installed along Deerwood Drive to service the proposed Deerwood Townhomes development located north of Deerwood Drive and east of 35E. • At 10:30 a.m., on July 28, 1995, formal bids were received in response to an advertised competitive bid solicitation. The attached bid tabulation shows the relationship of the low bidder to the engineer's estimate based on detailed plans and the estimate contained in the feasibility report presented at the public hearing held on March 21, 1995, for Project 682. All bids will be reviewed for compliance with the specification requirements and general accuracy. Any deviations will be addressed at the time of contract award consideration. ISSUES: • Certain easements and public right -of -way dedications necessary to allow the installation of these utilities are proposed to be provided with the final plat of the Deerwood Townhomes Addition. • The final plat for Deerwood Townhomes is not complete. • At the time of the agenda information preparation, the developer was uncertain of the final plat schedule. • All other easements necessary for this contract are being acquired through a condemnation process. • The City has 45 days to consider contract award. ATTACHMENTS: (1) • Location map - page . (� • Bid tabulation information will be provided with the "Additional Information Packet ". Agenda Information Memo August 1,1995 F. CONTRACT 95-06, 1995 SEALCOAT PROGRAM ACTION TO BE CONSIDERED: To receive the bids for Contract 95 -05 (1995 Sealcoat Program), award the contract to the lowest responsible bidder, Allied Blacktop in the amount of $ 263,666.53, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On July 11, the City Council rejected all bids previously received for this referenced contract and directed staff to modify the specifications and readvertise for bids. • M 10:00, on July 25, 1995, formal bids were received in response to a readvertisement. The attached bid tabulation shows the relationship of the bids received to the approved 1995 Budget. All bids will be reviewed for compliance with bid specification requirements and general accuracy. Any deviations will be addressed at the time of contract award consideration. ATTACHMENTS: (1) • Bid tabulation - pag MI vv to ti r 1. .Q sqg agM a� Agenda Information Memo August 1, 1995 Eagan City Council Meeting G. FINAL SUBDIVISION - 1t4HNCLIFF 4TH ADDITION (HOLIDAY INN E ACTION TO BE CONSIDERED: To approve the Final Subdivision, Rahncliff 4th Addition, located on the east side of Rahncliff Road on Rahncliff Court. FACTS: • Final plans, development contract, and security agreements have been reviewed and are in order. BACKGROUND / A.TTACHMENTS: (1) Plat map • EXHIBIT 'An MALLARDIPARK 4TH ADDITION ,�: ,rte „• _.. CD O!F IOW= Tt 1W41-4011,1116 � (Wm; awn M T:SK e : tam_ MI! V CM rr2 M. She: • ( • „ !1-7 aAI YIr ....... w•••! Y esarN!e :v.2srsrr. r Senweuse« E� 1 �� &gm v pr KM IC 2@Sd ...r•.. i IIRICK . 32 taillj NO. 1� .•ra•...� 11 _ i � � t .� .r.. ••� - ..Y 11160_1 `., �- �� ,r J . 1 �� e.•snr•s It I�� 1 • III 4L" lij r•..n•MM. MOWN r. Y MINN rr•r• /• Mr Mimi M.•• NON mew •r N. Inn was net eMRIMr. re. tee { { •r• • OtTLST • 1 • 11 1 • • • iralwatr ear err . to: •IlTIlT 0 A • ✓ • n �•Ur PI M.• 41 • w VINN: • • Os M NNW __a,N • • r• .•!— Agenda Information Memo August 1, 1995 H. VACATION OF DRAINAGE & UTILITY EASEMENTS RAHNCLIFF 2ND & 3RD ADDITIONS ACTION TO BE CONSIDERED: To vacate the existing drainage and utility easements as described within the Rahncliff 2nd & 3rd Additions. FACTS: • On April 24, 1995, the City received a petition from the applicant to vacate various drainage and utility easements within the Rahncliff2nd & 3rd Additions. The Council received the petition and scheduled a public hearing to be held on July 18. • At the July 18, 1995, public hearing, the City Council closed the public hearing and continued consideration of vacating the existing drainage and utility easements to be approved concurrent with the final subdivision of the Rahncliff 4th Addition. • Adequate replacement easements have been provided with the final subdivision of the Rahncliff 4th Addition. • The final subdivision ofthe Rahncliff 4th Addition is also in order for consideration concurrently with the vacation ofthe existing drainage and utility easements within the Rahncliff 2nd and 3rd Additions. ATTACHMENTS: (2) • General location map, page / • Graphic and legal description of easements to be vacated, pages �J _a3 nt s x 65 W 1 NOKIA 1 WAY .9 `` Y L. ONC PT. 111• SWAM • 20. MK P1. Ta.- yloaTa a■ IOC PT. Mk. UMa6 • .• TA10. PT. 1►• TIAVOtt M IOWT.AD PT. M• W . 1 , M •• MCC PT. w• IS1A rt 11. 110P. 1�• N7R1fr• Or l Oi rt. �. STAMM f►. a1W1oA rt. I AIIA PT • tlNOMY ►1. 11.- swum PT. REa APPLE VALLEY VACATION REQUEST SITE city of eagan PUBLIC WORKS DEPARTME VACATION REQUEST All dedicated easements Within Lot 1, Block 2, Rahncliff 2nd Additi n and L t 2, Block 2, Rahncliff 3rd Addition approved: standard plate #: VACATION DESCRIPTION All the dedicated drainage and utility as m nt lying within th f llowing describ d property: Lot 1, Block 2, Rahncliff 2nd Addition, according to the plat r corded December 20, 1988 as Plat No. 1729 in the office of the Dakota County, Minnesota Registrar of Titles. AND Lot 2, Block 2, Rahncliff 3rd Addition, according to the plat r corded December 20, 1989 as Plat No. 1917 in the office of the'Dakota County, Minnesota Registrar of Titles. ilex •w.11w1e, r..r1~•.1••^p.esess w.r tpq SOS foriSol llorsom 21. OIA 1.144 As US Is goo oggtos MO &WM •e+ev. rrw.. Mlearr .e nu... wMM. r.r.�,rr I SO .r P141 . 1.1 �W a uie s• So armor Uerer. s1serrre• Yµ..r.r of f1Yr. `31.42 4 11+!0.00100' fig =CO EXHIBIT A ---00/&*#• • Adottrit eZ 0 • 3 elW 2 k 66-4('' oovoi• ..„.4.,..!.t.:!:11.1.$1,11111' ell ...... Kil. 41. Ito S s9° SS'27"w 4)e&.. ` so doss'41i Las N O.s2'33aw T. M'r�?.; r 340.00 N 09•35'27' E {R1uf1'vszk ITrtS PER DOOM'S U2533,112336,112337 1ASEMENTS TO BE VACATED 1 Agenda Information Memo August 1, 1995 Eagan City Council Meeting I. FINAL PLAT - EAGAlYDALE LEMAY LAKE 5TH 4Dp1TION ACTION TO BE CONSIDERED: To approve the Final Plat, Eagandale Lemay Lake 5th Addition, located west of I -35E, south of Residence Inn on Eagandale Place. FACTS: • Final plat, development contract, and security agreements have been reviewed and are in order. BACKGROUND /ATTACHMENTS: (1) Plat Ma�g -Pr 6r , • p • •rs a. • % I I •; 1 ) _ "1 1— t � II .� z Tram er (4 •.iosilm. l l 3.tI,L1.ON• —� £our ma as —I ■t/NI 1 Ir1PIt✓ 1 ^1 14t./11ilJ.J -1\ ItJ1 i { 1 V 1 11JIA1'1.1 •1.1Vr1A ILJ %IJ'1 W I \V /1,J 1 �j IVtJIV V� /V�j O, q0 U81 z z ••1\It,ry •� 'eV' w7 3.91,fI.0N Li' I tfil 12148 7 0 Vii# 14.4 01 ftz to rle API f� S7 pile 9=; ip, 9. Itil 01. 1;3i Agenda Information Memo August 1, 1995 Eagan City Council Meeting J. EXTENSION OF THE RECORDING FOR THE JUSTIN DEAN FRANK ADDITION. ACTION TO BE CONSIDERED: 1. To approve a request for extension of the recording of the final plat for Justin Dean Frank Addition location on Royale Drive in the SE 'A of Section 31. FACTS: • The final plat was approved May 15, 1995. • It was to be recorded with Dakota County on July 15, 1995. ISSUES: • Arcon Development is requesting a 60 day extension in order to work out details with Norwest Mortgage Co. BACKGROUND /ATTACHMENTS: (2) Letter from M . F ank, Arcon Development Corporation - pag Map - page . . ARCON DEVELOPMENT, INC. 7625 METRO BLVD. • SUITE 140 • EDINA, MINNESOTA 55439 • PHONE 612/835 -4981 • FAX 612/835 -0069 July 13, 1995 Shannon Tyree Project Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Justin Dean Frank Addition Dear Shannon, Arcon Development, Inc. is working with Norwest Mortgage on the Justin Dean Frank Addition in Eagan. Norwest Mortgage is just now sending us several documents to be signed and I think the 60 day time period to record the plat will soon be up. I am therefore requesting a 60 day extension for the recording of the final plat for the Justin Dean Frank Addition. If you have any questions regarding this please feel free to contact me at 835 -4981. Very truly yours, 4-7 Larry D. Frank Project Manager Arcon Development, Inc. RECE„ : -�f JUL 1 ` ��'- 1995 WE DO MORE THAN DEVELOP LAND.... WE CREATE NEIGHBORHOODS DEVELOPERS - PLANNERS - CONTRACTORS "EXHIBIT uiji f 1. 3 ,g V \ A cwibst . NO 4 vt• Va. ••• ,f" '.*: • • 4 ••• I, Pe.. • 4 ••• I, ••• ,Z0, 5.. -- ,, ..... / .0" • --„, ......" 2i at • ••■•••■ ••••••—.. 1 0 Agenda Information Memo August 1, 1995 Eagan City Council Meeting K. PRELIMINARY SUBDIVISION EXTENSION FOR MAJESTIC OAKS ADDITION. ACTION TO BE CONSIDERED: 1. To approve a request for extension of the preliminary subdivision for Majestic Oaks Addition, 27 single family lots on 20 acres located in the SE 1/4 of Section 25; subject to the 28 conditions approved by the City Council with the original approval (August 17, 1993), the 2 conditions added when the first extension request at the August 2, 1994 City Council meeting, and the condition that this item be reviewed and addressed at the Advisory Parks, Recreation and Natural Resources Commission for purposes of compliance with the Tree Preservation Policy and the Wetlands Conservation Act - Permanent Rules. FACTS: • The Preliminary Subdivision for Majestic Oaks was approved August 17, 1993. • A request for extension was approved August 2, 1994. When that extension was approved, two conditions were added: 1. The developer provide a 30' buffer easement along LP- 47 pond. 2. The developer submit a tree preservation plan. • To date no tree preservation plan has been submitted and approved by the Advisory Parks, Recreation and Natural Resources Commission. ISSUES: • A Tree Preservation Plan should be submitted, reviewed and approved as well as the wetlands conservation permanent program rules applied to this subdivision. BACKGROUND /ATTACHMENT (3) Letter from Brad Swenson - page I/ Minutes from August 2, 1994 - page. Z, Location Map - pages Plat Map - page, R E E l 1J lie ® JUL 2 4 1995 4351 Jennifer Court Eagan, Mn 55123 July 24, 1995 City of Eagan 3830 Pilot Knob Road Eagan, Mn 55123 Re: Majestic Oaks I would like to request an extension of preliminary plat approval for Majestic Oaks Addition. Thank you for your assistance. Viy act) e truly yo Bradley J. Swenson 3l • EAGAN CRY COUNCIL MINUTES; AUGUST 2, 1024 PAGE 11 Community Development Director Reichert explained the location of this proposal and ' • nditlons recommended. Tom Kordonowy, representing Steiner Development explained the builds • = terials to be used and the nature of their business. Wachter moved, Awada seconded a motion to approve the cord Wowing conditions: use permit, subject to the 1. The developer must combine Lots 33 and 34 at the Dak • auditor's office within 60 days of City Council approval. 2. The Landscape Plan must be revised to incr : the variety of the plantings along the berm and an underground irrigation system must • : • 'ovided to serve all landscaped and green areas. 3. The development must submit a de ed grading, drainage and erosion control plan for City review and approval with the building • - submittal. 4. The development must • • struct a storm sewer system to collect the runoff from this site and convey the storm - - to the existing storm sewer system on Trapp Road. 5. The sanitary er service must include a manhole at the right-of-way line of Trapp Road. 5. The d • = - y connections to Trapp Road must be constructed with concrete aprons with a mi um width of 30 feet. Aye: 5 Nay: 0 Mr. Kordonowy complimented staff for their cooperation in putting this project er. ERELIMINARY.PLAT EXTENSION /JAMES CURRY Mayor Egan introduced this kem as a request by James Curry for a one year preliminary plat extension for Majestic Oaks Addition; located in the Southeast Quarter of Section 25. Community Development Director Reichert explained the location of this plat, and suggested that this be conditioned upon the developer providing a 30 foot buffer easement along LP 47 pond, and submitting a tree preservation plan. Mr. Curry expressed a concern about these conditions causing a delay In the project. After some discussion cronceming the private drive and the easement strip, Mayor Egan stated he feels these conditions are reasonable. Awada and Wachter concurred. Hunter moved, Masin seconded a motion to approve the preliminary plat extension for James Curry, subject to the condition that a 30 foot buffer easement be provided along LP 47 pond, and the provision of a tree preservation plan for approval by staff. Aye: 4 Nay: 1 (Wachter opposed.) PREUMINARY PLAT/FIALA ADDITION Mayor Egan introduced this kem as a preliminary plat for Fiala Addition, consisting of 2 bt.or►•e:6 acres of portions of previously platted Lots 5, 6, and 7, Skovdale Addition k•_•at111-tttl� northeast Intersection of Pilot Knob Road and Deerwood Drive In the N er rSectton•22. Administrator Hedogs.asimi ate Advisory Planning Commission conducted a public hearing on July 26, and recornmencrea approval, subject to conditions. He noted he received a letter from Alyce Bolke, who .Irexpressing objection to the financial obligation that has been indicated In the report. ��,�.- : ',- �o� --�gO- - -/ ' / 1, lj . 1/ J // /'/r�� /I /I 111 l l// 1;__ n \; ' / \1\ 1 1 1 .1% \ II! MAJESTIC OAKS r. .00,‘,,,..,‘,.-.....,..../4„2.„ 11 Ill,? /I \"'♦♦.. \,►i /"\ 11'•1111:1 ' I,\ / • 0/ { ..=rr _ ■■■ ' --�, w�iC_� �r %= 1�. +.`.l 1I1 \. I r. � Y,=_��.T ors= �� •�rF _ 1 _ _ .±r r4� tZ .. I .- ,a ► tS =�r":411".:-.- •'� \ 1.1 ..., 1 :sr.,.......7.....„.......::::.;:\ :,1 ^.; \\\�\ \.art. -o1 1 \1 ��`Z ll1s �. 1'I1 u I err/ / / ∎JJ\ r _�� 4 ,1, 1 •-: -1E11 Neil I g aN O — 1 cc4c.. re 13 V /' r n►I A.N►Jw s n 4 w / 1— / 1 o r --- —_ / — 11 • 1 -/' � - -1- I / 2 l, -T�7er I/ I - IN I~ I~ In I ~ I� :L 1,31N33s0 LSr3 1; ! -- 1111 OM wnM 3uwa JrTN331q 1SY3 J 1 S 1 Agenda Information Memo August 1, 1995 Eagan City Council Meeting L. EXTENSION OF COMPLETION DATES - TOWN CENTRE 100 15TH ADDITION ACTION TO BE CONSIDERED: To approve the extension of the completion dates identified in the development contract for a period of one year for the Town Centre 100 Fifteenth Addition (Red Robin Restaurant). FACTS: • The completion dates in the development contract have expired. ISSUES: • Red Robin's construction estimates were higher than anticipated , thereby necessitating the request for one year extension. BACKGROUND /ATTACHMENTS: (3) Completion date schedule (development contract) - page - Letter from R 4R in - page ' . Map - page . 273 concerns of the City in regard to the improvements necessary for this development. These improvements shall be completed in accordance with approved plans and specifications on file in the office of the Public Works Department, which are hereby made a part of this Contract, as follows: ITEM COMPLETION DATE Erosion & Sediment Control Measures May 1, 1995 Site Grading June 15, 1995 Pond Excavation. June 15, 1995 Subdivision Monuments June 15, 1995 Utilities (sanitary, water, storm sewer) July 1, 1995 Private Parking Lots (Concrete curb & gutter, gravel base, and blacktop) August 1, 1995 Boulevard Restoration. August 1, 1995 Trails and Concrete Walks August 1, 1995 except as this period of time is extended by resolution of the City Council. It is understood and agreed that failure of the City to promptly take action to enforce this Contract after expiration of time in which the work is to be completed, will not waive or release any rights of the City, and the City can take action at any time thereafter and that the teens of the Contract shall be deemed to be automatically extended until such time as the City elects by appropriate resolution of its Council to declare the Developer in default hereunder pursuant to the provisions of paragraph 11, "Default by Developer ". A. Streets and Trails. The Developer shall grade all public boulevards, driveways, trailways, if any, and other lands as established in the grading plan to City approved grades and cross sections, the maximum grade of publicly dedicated right -of -way 4 July 6, 1995 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 • Attn: Shannon Tyree - Planning Department Re: Town Centre 100 Fifeenth Addition Development Contract To the City of Eagan: Red Robin International, Inc., the "developer" under the above referenced development contract, hereby requests an extension of time in which to complete those items referenced at page four (Section 6) of said development contract. Red Robin requests that each of the dates provided at said page four (Section 6) be extended by a period of one year. Red Robin further requests that the date provided in paragraph F at page 7 of said contract by extended by one year, also. Please advise the undersigned at your earliest convenience as to whether you will grant the requested extension. If you have any questions regarding this request, please direct them either to the undersigned or to Kathy Greene at the same address, telephone number (714) 251 -6244. Thank you for your courtesy in reviewing this request. Sincerely, RED BIN i ONAL , INC. W. Grant Attorney/Director of Real Estate, Legal ]WG:lar cc: Kathy Greene aiviapoeid.630 • CORPORATE HEADQUARTERS 28 EXECUTIVE PAR[, SUITE 200 IRVINE, CALIFORNIA 92714 PHONE: (714) 756.2121 FAX: (714) 756.2540 Agenda Information Memo August 1, 1995 Eagan City Council Meeting M. RECOMMENDATION, AIRPORT RELATIONS COMMISSION CONSIDERATION OF IMPACTS ON DAKOTA COUNTY CITIES OF BOTH TRACKS OF THE DUAL TRACK AIRPORT PLANNING PROCESS ACTION TO BE CONSIDERED: To approve a recommendation by the Airport Relations Commission urging Dakota County to consider all impacts on Dakota County cities of both tracks of the Dual Track Airport Planning Process. FACTS: • Dakota County cities will be impacted in a variety of ways whether the airport is expanded at its current location or relocated to eastern Dakota county. • The Airport Relations Commission is in the process of coordinating a review of the Dual Track Planning Process with the Economic Development Commission and Advisory Planning Commission for consideration by the City Council this fall. • Dakota County has focussed substantial resources on the economic, transportation and environmental impacts of the airport relocation but has spent less effort considering the same impacts on Dakota County cities if the current airport is expanded. • The Airport Relations Commission recommends that Dakota County approach this issue from a balanced perspective and that it support strong mitigation packages for economic, public service and environmental impacts regardless of the track chosen. ISSUES: Northern Dakota County cities should be given equal weight with eastern Dakota County cities and townships in Dakota County's consideration of the dual track decision. ATTACHMENTS: • Resolution on pages 110 through 37 CITY OF EAGAN RESOLUTION URGING DAKOTA COUNTY TO CONSIDER ALL ASPECTS OF BOTH ALTERNATIVES OF THE DUAL TRACK AIRPORT PLANNING PROCESS WHEREAS, the Metropolitan Council and Metropolitan Airports Commission are conducting the Dual Track Airport Planning Process to analyze alternatives to meet the Twin Cities' regional aviation needs in the future, and WHEREAS, the cities of Dakota County will be significantly affected regardless of the track chosen in the Dual Track Airport Planning Process, and WHEREAS, Dakota County and its cities and townships are participating in the study process by analyzing costs, benefits, public service needs and potential mitigation opportunities, and WHEREAS, the City of Eagan has yet to take a formal position in support of either expansion or relocation of the airport, and WHEREAS, Dakota County has an obligation to support the interests and needs of all of its residents, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan strongly urges Dakota County to thoroughly consider all aspects of both alternatives of the Dual Track Airport Planning Process, including their costs and benefits to all Dakota County residents, and BE IT FURTHER RESOLVED that the County should support adequate and appropriate mitigation of financial, environmental and public service impacts regardless of the airport alternative ultimately selected by the State of Minnesota. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against. Dated: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1992. E.J. VanOverbeke, City Clerk City of Eagan q ( Agenda Information Memo August 1, 1995 Eagan City Council Meeting N. AWARD BID, MEDIA SYSTEMS PACKAGE MUNICIPAL CENTER REMODELLING ACTION TO BE CONSIDERED: To award the bid for the media systems package for the City Council Chambers and control room to Accoustic Communications Systems, Inc., in the amount of $170,141.08. FACTS: • Bid packages for the media equipment were distributed to three firms of which one submitted a bid prior to the deadline on July 24. • The bid from Accoustic Communications Systems, Inc., in the amount of $170,141.08 was almost $48,000 less than the estimate budgeted for this purpose. • Although only one bid was received, it was competitive in comparison with the designer's estimate and it appears to be in order for consideration by the City Council. ATTACHMENTS: • Staff memorandum and bid tabulation on page DATE: July 26, 1995 TO: Jon Hohenstein Assistant to the City Administrator FROM: Mike Reardon /1 Cable Coordinatot /iv SUBJECT: Bid Award for the City Hall Media Technical Systems BACKGROUND: At a special City Council worksession on November 1, 1994, the City Council directed staff and Electronic Interiors to develop a bid package based on Electronic Interiors' Configuration "C" design with minor additions. It was estimated that the cost associated with Configuration "C" was $218,000.00. This did not include the minor additions. On June 23, Electronic Interiors issued the bid proposal as proposed in Configuration "C" including the additions and three alternate bids. July 24 was established as the bid opening date. BID RESULTS: Acoustic Communication Systems, Inc. submitted the only bid package. The companies total base bid, including material and labor, was: • Base Bid - $162,481.08 • Alternate T -1 - 3,309.00 (Audio level controls) • Alternate T -2 - 3,184.00 (Microphone muting system) • Alternate T -3 - 1.167.00 (Control Room Crestron control panel) Total Bid - $170,141.08 The bid from Acoustic Communication Systems, Inc. is almost $48,000.00 under the original estimate. In addition, the original estimate did not include the additional items from Configuration "B" nor the three alternate bids. DISCUSSION: Attached is a recommendation from Electronic Interiors concerning Acoustic Communication Systems, Inc. bid package. Based on their recommendation, the favorable bid amount, and Electronic Interiors favorable impression of Acoustic Communication Systems, Inc:'s current contractual performance at the City of Minnetonka, it is staffs recommendation that the City Council accept both the base bid and all three alternate bids. �3 Jon Hohenstein July 26, 1995 Page 2 Staff has asked that Electronic Interiors ascertain why there was only one bid received. It is staffs understanding that a number of Twin City media contractors workloads are currently full and another firm, which they expected to receive a bid from, is undergoing some internal reorganization and was not able to submit a bid at this time. STAFF RECOMMENDATION: It is staffs recommendation, based on the favorable bid amounts and Acoustic Communication Systems, Inc. reference qualifications, that the City Council officially accept the total base bid of $162,481.08 and the three listed alternate bids as submitted by Acoustic Communication Systems, Inc. and enter in to a contractual relationship with the firm. MR/ns Attachment Electronic Interiors„ -Inc. 12 292 1063 July 27, 1995 Mr. Jon Hohenstein Eagan City/ Hall 3830 Pilot Knob Road Eagan, MN 55122 Dear Jon: P. 2 I have reviewed the bid from Acoustic Communication Systems, Inc., and have found it to be valid and accurate. The base -bid for materials of $138,121,08 plus the base-bid for labor of $24,360.00 does fall below the originally estimated cost. The bid for the alternates also falls within or below the estimated amount for these alternates. The bid received from Acoustic Communication Systems, Inc. meets the requirements of the specifications. As such, it is our recommendation that the City of Eagan accept the bid and any alternates desired by the City. cc: Mike Reardon CONSULTANTS AND DESIGN ERS ELECN • Assocwm TEmolosms R -96% Sincerely, Terry Fish 40 Mauer STREET. Saar Pain, MrlrtFsora 55102 (6 (62)292 -1063 FAx 612 292 1-63 07 -27 -95 10:42AM P002 #32 Agenda Information Memo August 1, 1995 Eagan City Council Meeting O. CHANGE ORDER, CIVIC ARENA. LUND - MARTIN CONSTRUCTION ACTION TO BE CONSIDERED: To approve Change Order #1 for the civic arena in the amount of $26,059.00 as presented. ATTACHMENTS: • Staff memorandum and change order summary on pages MEMO city of eagan DATE: JULY 27, 1995 TO: TOM HEDGES, CITY ADMINISTRATOR `FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: CHANGE ORDER - CIVIC ARENA PROJECT Attached is a summary of change directives which are contained within Change Order #1 for the Civic Arena. Directive #1 is for the addition of exit doors on the south end of the building (3) and two additional doors on the east side of the building (south end). This change order was a result of the City having to comply with the State of Minnesota's Interpretation and Application of Building Code requirement for exiting from a multi - purpose facility. This mandated change resulted in a building add of $16,105. (Note: The amount shown reflects a net add of $13,452. This is a result of a reduction received as a result of a change /deduct to the ramps on the south end.) Directive #2 is the result of increasing the size of the electrical requirement for the dehumidification unit. The cost is predominantly the result of an increase in the size of the panel and electrical line from $491 to $1,399. Directive #3 is a deduct for a reduction in the fire rating of the precast panels and associated work. Also omitted is flooring material which will be purchased by the City and installed by volunteers. Directive #4 is for three electrical additions. 1) Adding a refrigerator receptacle in the concession area; 2) Change at the scorer's table and 3) Stub out for the compressors which was not previously identified. Directive #5 is for an increase in the size of the electrical panel from a 400 AMP service to a 600 AMP service. Directive #6 provides the sanitary sewer for the future locker room. Directive #7 is for site work to provide a sidewalk/ramp to the building's west side in order to meet handicap accessibility requirements. As the Council will recall, the building elevator was not part of the building contract, thus, in order to comply with A.D.A., the sidewalk/ramp was necessary. Separate bids were solicited from other contractors for this work. The two other bids were higher than the change order amount from Lund Martin. Directive #8 is a deduct for ceramic tile in the restrooms. There was no reason other than to try and reduce the size of the contract as a result of other additions. Colored mortar (add of $191) was for the front entrance. If you have any questions, please contact me as early as possible so I can have sufficient time to contact either Lund Martin of A.C.C. if I do not have an answer to your question. Be aware that there are three additional items now being reviewed as work changes to the building. These should be resolved within the next week to 10 days. KV:cm EAGAN CIVIC ARENA 3870 Pilot Knob Road Eagan, Minnesota 55122 CHANGE ORDER NO. ONE Lund Martin Construction, Inc. Summary of Change Order items - attachment to AIA Document G701 dated July 24, 1995. 1. Lund Marlin Change Order /Proposal Quotation No. 1 r - Modifications to ramps and added doors. CCD#1. ADD 2. Lund Martin Change Order /Proposal Quotation No. 3 - Electrical panel & conduit upgrades for dehumidification unit. ADD 3. Lund Martin Change Order /Proposal Quotation No. 4 - Extended coverage sprinkler heads, reduction in fire rating of precast walls, omit special flooring from contract, and future irrigation water connection. CCD#3 4. Lund Martin Change Order /Proposal Quotation No. 5r - Electrical modifications Compressor panel stub -outs and addition of outlet in concessions. 5. Lund Martin Change Order /Proposal Quotation No. 6 - Electrical changes to upgrade the feeder panel for the refrigeration system from 400 amp to 600 am $ 13,452.00 $ 5,924.00 DEDUCT ($ 35,196.00) ADD $ 1,139.00 ADD p. 6. Lund Martin Change Order /Proposal Quotation No. 7 - Plumbing rough -in ADD changes to allow the construction of the future locker room along the east side of building south of the players boxes. 7. Lund Marlin Change Order /Proposal Quotation No. 9 - Grading of south side ADD of building, construct concrete walks, steps, retaining walls and railings along west side of building. 8. Lund Martin Change Order /Proposal Quotation No. 10 - Omit ceramic tile floors add colored mortar at entrance masonry. CCD#4. DEDUCT Change Order One Total ADD qg $ 5,249.00 $ 2,822.00 $ 34,028.00 ($ 1,359.00) $ 26,059.00 Agenda Information Memo August 1, 1995 Eagan City Council Meeting P. ON-SALE LIOUOR LICENSE APPLICATION FOR.OLD CHICAGO PIZZA. 1312 TOWN CENTRE DRIVE. FORMERLY DOUGHERTY'S ACTION TO BE CONSIDERED: To approve an on -sale liquor license for Old Chicago Pizza to be Located at 1312 Town Centre Drive, a space formerly occupied by Dougherty's Restaurant. FACTS: Rock Bottom Restaurants, doing business as Old Chicago Pizza, has submitted an application for an on-sale liquor license for; a location at 1312 Town Centre Drive. Staff from the Police Department have reviewed the application and find it in order and find no reason at this time to deny the application. ATTACHMENTS: Application and Police report are enclosed without page number. Agenda Information Memo August 1, 1995 Eagan City Council Meeting Q. CONCEPT APPROVAL, MUNICIPAL COMPLEX LANDSCAPE AND SITE PLAN ACTION TO BE CONSIDERED: - To approve the concept for the Municipal Center landscape and site plan and budget. FACTS: The Municipal Complex landscape and site plan will be one of the subjects of the Special City Council meeting on Tuesday evening. Discussion of facts and issues relative to the plan and budget will be a part of the support documentation for that meeting. Agenda Information Memo August 1, 1995 A. VACATE CEDARVALE DR ACTION TO BE CONSIDERED: To close the public hearing and approve the vacation of the Cedarvale Drive platted right -of -way as described and authorize its recording subject to conditions if appropriate. FACTS: • On July 11, 1995, the City Council received a petition requesting the vacation of dedicated public right -of -way for Cedarvale Drive located within the Cedarvale Office Park as shown and described on the attached graphics. • In response to a petition submitted by some of the same property owners, the City Council held a public hearing on June 7, 1994, and subsequently denied public improvement Project #667 providing for the reconstruction of Cedarvale Drive to current public street standards. As a part of that action, the Council stipulated that $4,000 of the costs incurred for the public improvement process must be reimbursed to receive consideration for vacating this public right - of -way. • Cross - easement documents and maintenance agreements are necessary to ensure proper access and continued maintenance of this vacated public street. • The petitioners are proposing to repair the street surface under the private maintenance agreement by performing a patch repair on selected areas, installing a 6" "rolled" bituminous curb on one side and placing a 1.5" bituminous overlay providing for cross -sheet drainage. Based on a current Pavement Condition Index (PCI) rating of 11, it is projected that this maintenance improvement will provide 7 -10 years of usable service over a pavement's typical life cycle depending upon drainage improvements provided. Presently, the City does not have defined standards for rehabilitation/maintenance of private drives for commercial parlcing lots. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. No objections have been received as of this packet preparation. ISSUES: • The following conditions need to be fulfilled prior to or concurrent with approval of the requested vacation: 1. Payment of $300 application fee. 2. Payment of $4,000 reimbursable costs. 3. Submission of executed cross - easement and maintenance documents. ATTACHMENTS: (2) • General location map - page '3 . • Legal description & graphic - pages sa. 'I I'M ' MONTER(' KYLLO a 111001104 _ DEER lac ARNEI PM �. z. 4. i';','yK ' 1 CORAL LA. Vacation Request Site city of eagan PUBLIC WORKS DEPARTMEN All of Cedarvale Drive in Cedarvale Office All of Cedarvale Drive as contained within and dedicated on the plat of Cedarvale Office Park as recorded at Dakota County, Minnesota on November. 14, 1973. Agenda Information Memo August 1, 1995 Eagan City Council Meeting lao„ VARIANCE - LOUIS KYTE - LOT 18, BLOCK 8, CEDAR GROVE #6 ACTION TO BE CONSIDERED: To approve or deny a 7' Variance to the required 15' rear yard setback for Lot 18, Block 8, Cedar Grove #6 located at 1761 Gabbro Trail at the northwest intersection of Gabbro Trail and Blackhawk Road. FACTS: • The City Code requires a 15' rear yard setback in the R -1 zoning district. • Mr. Kyte is requesting a setback Variance so the proposed garage can be constructed without removing two of the 26 year old trees in the back yard. BACKGROUND /ATTACHMENTS: (1) Staff Report, page through 57. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 21, 1995 APPLICANT: Louis T. Kyte PROPERTY OWNER: Louis T. Kyte REQUEST: Variance to Rear-Yard Setback LOCATION: 1761 Gabbro Trail Lot 18, Block 8, Cedar Grove No. 6 COMPREHENSIVE PLAN: D -I (Single Family Residential) ZONING: R -1 (Single Family Residential) CASE #: 20- V- 12 -7 -95 HEARING DATE: 8 -1 -95 PREPARED BY: Erik Slettedahl SUMMARY OF REOUEST The applicant is requesting a seven foot variance to the required fifteen foot rear -yard setback for Lot 18, Block 8, Cedar Grove No. 6 (10- 16705- 180 -08) which is located at 1761 Gabbro Trail in the NE 1/4 of Section 25. AUTHORITY FOR REVIEW Section 11.40, Subd. 3, C., states: 1. If the Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That the granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CODE, REQUIREMENTS City Code Section 11.10, Subdivision 6. requires a fifteen foot rear -yard setback for all structures in single family residential zoning districts. City Code does not provide a different rear-yard setback for accessory structures in single family districts. BACKGROUND/HISTORY Cedar Grove No. 6 was platted in 1968. On April 10, 1969, the subject lot was issued a building permit along with twelve other lots in the Cedar Grove area. EXISTING CONDITIONS The subject lot is 13,382 square feet in area and contains one 1,584 square foot dwelling unit. The lot is situated on the corner of Gabbro Trail and Blackhawk Road so that the northern lot line is considered the rear lot line. There are several mature trees located in the rear yard area that were planted near the time the home was built. The existing home has an attached single car garage with access to Gabbro Trail. The applicant is currently storing two boats and a pop -up trailer along the rear property line of his lot, a motorcycle trailer in the public right -of -way, and two vehicles along the side of the existing driveway. In 1994, at the time Blackhawk Road was resurfaced, the applicant arranged for a curb cut from Blackhawk Road at the northeast corner of his lot. There are nine lots in this subdivision that take access from Blackhawk Road. EVALUATION OF REOUEST The applicant is proposing to build an 896 square foot detached garage in the rear yard area of his lot for the purpose of storing his boats, camper, and trailer. The proposed garage would be located eight feet from the rear lot line in the northwest corner of his property. The applicant believes that the hardship associated with this request relates to two mature trees (maple and birch) that would be lost if he is required to build the structure at the required fifteen foot setback. The proposed structure, along with all existing structures, will not exceed the maximum allowed lot coverage of twenty percent. The 80 square foot shed attached to the rear of the home will be removed when the proposed garage is built. The 440 square foot single -car garage currently attached to the dwelling unit is located six feet from the side property line and the applicant has been informed that all living space must meet the ten foot side yard setback requirement. This accessory building and driveway would not require construction of a new curb cut along Blackhawk Road and it appears,that the additional access to Blackhawk Road will not create any traffic safety problems. c7 SUMMARY /CONCLUSION The applicant is proposing to construct an 896 square foot garage in the rear yard area of Lot 18, Block 8, Cedar Grove No. 6 that would take access from Blackhawk Road. A seven foot variance to the required fifteen foot rear yard setback is requested by the applicant in order to save two, 26 year old trees. ACTION TO BE CONSIDERED To approve /deny a seven foot variance to the required fifteen foot rear yard setback for Lot 18, Block 8, Cedar Grove No. 6. If granted, the variance shall be subject to the following conditions: 1. All vehicles, boats, campers, and trailers associated with this property must be stored in the proposed garage or on the improved driveway surface within the minimum setback allowance as required by City Code. 2. All other City Code regulations shall be complied with. Lou is T.Kyte 1761 Gabbro Tro i I _._._._._._. Right of Way_.----- •------------- - - - -._ B 1 ackhav► -RQad 133.87 Lot L ine 8x10 Shed lo be removed 1 (one) 12' 2 (Iwo) I8' 28' Proposed Goroge 696SgFt 8' Agenda Information Memo August 1, 1995 Eagan City Council Meeting A. APRNRC RECOMMENDATION ON MOSQUITO CONTROL ACTION TO BE CONSIDERED: To approve a position pertaining to continuation, modification or termination of the Metropolitan Mosquito Control District's (MMCD) activities in the City of Eagan. FACTS: • The APRNRC held a public hearing regarding this issue on June 15, 1995 and took formal action at the full Commission meeting of July 17. This matter was continued from the July 18 City Council meeting to permit preparation of the Commission minutes. BACKGROUND /ATTACHMENTS: Councilmembers wishing to review attachments relative to the Commission's consideration are encouraged to refer to the July APRNRC packet. • APRNRC memo on pages CO through • APRNRC minutes on pages ,(6S, through 67. • Background, l goers from other cities which have modified or terminated MMCD activities on pages through r% • A 'de from July 26 Eagan SunCurrent regarding the APRNRC recommendation on pages rough 7 . ACTIONS: REQUEST FOR COUNCIL ACTION To make a recommendation to the City Council pertaining to the continuation, modification or termination of the Metropolitan Mosquito Control Districts (MMCD) activities in the City of Eagan. BACKGROUND: Sequence of Events ▪ February, 1994 - The City Council asks that the APRNRC review and develop a recommendation regarding mosquito control practices in the City of Eagan. ▪ October 5. 1994 - The Natural Resources Subcommittee of the APRNRC conducts a meeting to discuss the issue of mosquito control. ▪ October 17, 1994 - The issue is deferred from the APRNRC agenda to allow time for additional input from interest groups and the public. ▪ June 15. 1995 - The Natural Resources Subcommittee conducts a public hearing to collect comments pertaining to the issue of mosquito control. The meeting is attended by one citizen, one representative of the Human Ecology Action League, and four representatives of the MMCD. (See attached minutes) June 15 to July 1. 1995 - Written public comment is accepted. (See attachments)* • June 27, 1995 - The two organizations represented at the June 15th public hearing, MMCD and the Human Ecology Action League, are offered the opportunity to submit written summaries of their positions. (See attachments) • July 11, 1995 - The issue is reviewed by the Natural Resources Subcommittee. The Subcommittee was divided on the issue. • July 17, 1995 - Review by the APRNRC, recommendation to the City Council. - Iy1y 18, 1995 - Considered by the City Council * 20 letters were received during the public comment period; - 18 indicated support for the program of the MMCD and urged that it be continued. - 2 expressed concerns related to the use of. chemicals. OPTIONS FOR CONSIDERATION: 1) Continue to participate in the current mosquito control program as administered and implementedby the MMCD. This includes the treatment of larvae sites with chemical briquets and the ground spraying of adult mosquito habitat on public property. 2) Continue the current MMCD program. but do not allow the spraying of adult mosquito habitat on public property. In 1994, 16 park areas were treated for adult mosquitos. Spraying of private property is done upon request and could continue. 3) Allow for adult-spraying. but eliminate larval treatment, The use of briquets to control mosquito larvae in public wetland areas would be discontinued. 4) "Opt" out of the MMCD nuisance mosquito control program. The control of nuisance (non - disease bearing) mosquitos would be eliminated from all city owned property. The monitoring and control of disease - bearing mosquitos would continue. Residents would continue to be taxes for the service at the current rate of $4.80 for a residence with a valuation of $100,000. An additional element of this option could be the adoption of a resolution asking that the State Legislature support legislation allowing local units of government to "opt" out of the program and not pay the tax. Owners of any MMCD- treated wetlalnd may opt -out of the nuisance control program by filing a petition with the MMCD. 5) Educatelhe public regarding alternative control methods and their options ag landowners. (This could be a stand -alone option for information purposes only or combined with another option for information purposes.) - Create habitat for natural predators of mosquitos including bats, purple martins and swallows. - Remove potential breeding sites such as tires, cans, and containers from properties. Fill in all tree holes and keep gutters clean. - Owners of any MMCD treated wetlands may opt out of the nuisance control program through the filing of a petition with the MMCD. Summary: The charge to the Advisory Parks Recreation Natural Resources Commission and staff has been to evaluate the control programs of the Metropolitan Mosquito Control District within the City of Eagan. A complete evaluation of the program would involve two components: 1) Determine the financial efficiency of the MMCD programs and operations. 2) Determine the efficacy of the control programs as related to the number of mosquitos in the community. The information and data collected to date has dealt primarily with the physical control program and the methods utilized. Because of the MMCD's broad scope and wide -scale taxing authority, a financial evaluation would be best conducted at the legislative or Metropolitan Council level, though requests from local units of government could provide the impetus. The issue of mosquito contol is primarily a question of individual perceptions and level of tolerance. A low tolerance of mosquitos and the subsequent desire for a control program may indicate a willingness to tolerate chemical use and reflect a perception of program effectiveness. Conversely, a low tolerance for the use of chemicals and/or the perception that control programs are ineffective may indicate a willingness to tolerate mosquitos or a perception that they are not a concern. The quantity of research and documentation justifying either side of the issue is staggering. Much of the . data is highly technical and often contradictory. Any local decision may best be made by considering the tolerances and perceptions of the citizenry as it relates to the effectiveness of a control program. SUMMARY OF ATTACHMENTS 1) Notice ofPublic Hearing 2) Minutes of Public Hearing 3) MMCD position paper 4) Position paper of a Human Ecology Action League representative 5) Written public comments (Technical data is available upon request) klIpmlAdvcomm.194 EAGAN FIRE DEPT. TEL:612- 681 -4777 Mn4NEAPOLIS PARK & 200 GRAIN EXCHANGE 400 So= 4TH .4 NAME: .fir. Am/A1>A- COMPANY:' FROM: .4-`. Siuo Jul 17'95 13:40 No.004 P.01 ••,a...%Is�in uwImmud� mono If 01P1914 1 6W 1 =we Ws u M / r - t61.Z.. Au"' FAX #:_zzZ - u Z FAX #: 6614717 NUMBER OF PAGES (INCLUDING TICS PAGE): DATE 6' / 5` - - TINE:. If you do not receive all the pages or the transmission is not clearly Legible, please call (612)661 -4800 as soon as possible. -NOTES/INSTRUCTIONS: Rzr PePA);4j)ir Nice- 7c3 - tant Yib° No l:r "W16 ter a T' d.SofticuMg e ustioo ;tee' userut. 1N W:Me. JEFFaL'75. lelpdr or MY 4wowierxds- toe Awe 'Race/ veo 1.51 R Coif CIAPLALUT TROM Au riespi WAAL wHcxsE 4041t7E7-- LS :TAO 7 " al T . Crefee ITttakiJ 7NAIY AM) 5 L.WSTESZA ce.-B't7 ► 7T 1yt 7ioL.2 &II 7R is tiors Y4IoPDAt,' i4 "D 771E R -97% kuf $60u k mew -1S6U5 . c 4T o1l ,SiTURTi uS 6000 uC. (�3 612 681 4777 07 -17 -95 02:4Tv PM P001 #17 EAGAN FIRE DEPT. TEL:612- 681 -4777 Jul 17'95 13:41 No.004 P.02 RESOLUTION NO. 94-133 PROHIBL 7NO CHEMICAL CONTROL OF NUISANCE MOSQUITOS ON MINNEAPOLIS PARK AND RECREATION BOARD PROPERTIES WHEREAS, the Minneapolis Park and Recreation Ord has adopted an aavironmental policy that directs the Board, in its decisions and actions, to place high priority on the protection of the natural environment and the preservation of ecological diversity Ill Minneapolis; and 'WHEREAS, the Minneapolis Park and Recreation Board is responsible for the management of the lands owned by the Park and Recreation Board; and WHEREAS, the Minneapolis Park and Recreation Board recognizes the need for and would support the chemical control of mosquitos when human health is threatened; and ' SAS, there exists reasonable, personal alternatives for repelling adult nuisance mosquitos; and WHEREAS, the Minneapolis Park and Recreation Board finds the use of non-personal chemicals to control the number of nuisance mosquitos to be contrary to its policy of environmental protection; NOW, THEREFORE, BE IT RESOLVED THAT THE MINNEAPOLIS PARK AND RECREATION BOARD, with the exception of personally applied repellents, hereby prohibits the use of chemicals to control mosquito populations on property owned by the Minneapolis Park and Recreation Board. Adopted by the Park and Recreation Board in formal meeting assembled on August 3, 1994. Approved: r Sharon Sayles Baton, Mayer R -97% 612 681 4777 07 -17 -95 02:45PM P002 #17 Subject tg Approval MINUTES OF REGULAR MEETING OF ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION EAGAN, MINNESOTA JULY 17, 1995 A regular meeting of the Advisory Parks, Recreation and Natural Resources Commission was called to order at 7:00 pm on July 17, 1995 with the following Commission Members present: George Kubik, Cindy Lynch, Lee Markell, John Rudolph, David Szott, Stephen Thompson, Michael Vincent, Thomas Walkington,Sherie Wallace and Jonathan Widem. Commission Member Ken Tyler was not present. Staff present included Dorothy Peterson, Superintendent of Recreation; Paul Olson, Park Superintendent; C.J. Lilly, Landscape Architect/Parks Planner; Rich Brasch, Water Resources Coordinator; Gregg Hove, Forestry Supervisor; and Cherryl Mesko, Secretary. @ ' •f . BORCHERT INGERSOLL PROPERTY AGREEMENT /GOPHER SMELTING PEDESTRIAN CROSSWALK POLICY MOSQUITO CONTROL RECOMMENDATION Parks Superintendent Olson introduced this item explaining that in February, 1994 the City Council had directed the APRNRC to review and develop a recommendation regarding mosquito control practices in the City of Eagan. The Natural Resources Subcommittee discussed this issue on October 5, 1994 followed by APRNRC discussion on October 17 wherein the Commission deferred this item to allow time for additional input from interest groups and the public. A press release was placed in the local papers in June identifying a public hearing on June 15 and soliciting public input through July 1, 1995. On June 15, 1995, Olson continued, the public hearing was held as requested by the City Council, to collect comments pertaining to this issue with 4 representatives of the MMCD, one citizen and one representative of the Human Ecology Action League present. Public comment remained open and was received through July 1. As a follow -up to the public hearing, MMCD and the Human Ecology Action League were offered the opp rtunity to submit written summaries of their positions which Superintendent Olson indicated were included within the packet. The Natural Resources sub - committee reviewed this issue for recommendation again on July 11 resulting in divided opinions. Superintendent Olson concluded that the issue is now before the Commission for their review and recommendation to the City Council. It is expected that the Council will be reviewing this issue on July 18, 1995. Superintendent Olson added that approximately 20 letters had been received during the public comment period with 18 indicating support for the MMCD program and 2 expressing concerns related to the use of chemicals. Options identified for the Commission to consider included 1) continuing participation in the current mosquito control program; 2) continuing the current MMCD program but not to IBS Advisory Parks, Recreation and Natural Resources Commission Minutes of July 17, 1995 Meeting Page 2 allow the spraying of adult mosquito habitat on public property; 3) allow for adult spraying but eliminate larval treatment; 4)'opt' out of the MMCD nuisance mosquito control program and /or 5) educate the public regarding altemative control methods and their options as landowners. Olson commented that some communities have opted out of the MMCD program and individuals have also opted out of this program as well. Chairman Markel! asked if there was anyone from the public present to address this issue. Jim Starke, Public Affairs for the MMCD responded that they were present to respond to any questions the Commission may have relative to this issue. He stated that the public input process is very much appreciated and was pleased that the majority of Eagan residents, based on the response from the public, have expressed support for the MMCD program as it exists. Starke did note that although some cities have opted out of the program on public land, the City of Lakeville is an example of a city that looked at the process several years ago and opted to stay with the MMCD program. It was noted that environmental compatibility and safety are the two biggest issues the MMCD considers in working with mosquito control issues. He indicated that park and recreation areas are posted when spraying is going to occur and there is a recorded message that is updated daily for residents to call for that information. Additionally, individuals can call and ask to be contacted directly when spraying will occur near their home. The MMCD, Starke continued, wants to continue protecting the health and well -being of Eagan residents and they firmly believe in the safety of their program. Member Widem, chairman of the Natural Resources sub - committee, stated that when this issue was discussed at the sub - committee level the opinions were divided. He stated that with the support of the EPA and the Mn. Dept of Health he was comfortable with the products being used by the MMCD for mosquito c ntrol. In addition, it was apparent that the response from the public to date overwhelmingly supported continuation of the MMCD program. Widem also noted that to his knowledge, until this issue had been brought forward, there had not been any negative input from residents relative to the mosquito control program within the City. Widem concluded that this is an issue where there will always be differing opinions but that he supported continuation of the mosquito control program as it exists. Member Vincent asked how the public is educated relative to this issue and who is responsible for providing that education. Jim Starke stated that the MMCD is primarily responsible for providing education to residents through presentations at schools, information in local newspapers and some neighborhood distribution, information at fairs, libraries and government buildings. The information is made available whenever there is a vehicle to provide it, Starke concluded. Member Vincent stated that if the MMCD program is to continue within the City he wanted to see increased education provided by the MMCD for residents in an attempt to diminish chemical use within the City and help residents understand how they can help to control mosquitos by other means. Member Markel1 commented that the primary control provided by the MMCD was for nuisance control of mosquitos rather than for disease control which is the area that is generally highly publicized. Markel) asked if there were any statistics supporting park usage decreasing in areas where the MMCD no longer sprays or conversely, whether park usage increases in areas where they do spray. Superintendent Olson stated that there have been no discussions or statistics available, to his knowledge, relative to this issue. Member Markel! asked if there were cities that had opted out and then approached MMCD to re- enter the program. Starke stated that there were none to his knowledge, however, the MMCD still gets complaints from residents in Chanhassen and Maplewood where those cities have opted out of the program in public areas. Member Thompson commented that the public's perception is that mosquitos are disliked. It is not clear in his mind that control has been effective t date and he would prefer to see the City take a conservative stand on this issue. Thompson suggested that adult spraying occur on a request basis only, (�4 Advisory Parks, Recreation and Natural Resources Commission Minutes of July 17, 1995 Meeting Page 3 that the City opt out of the larval control portion of mosquito control and that any concentrated effort be placed on disease control when appropriate. Member Markell concurred with Thompson's suggestions. Member Kubik stated his concern for continuing mosquito control as it currently exists and suggested looking at other options along with investigating the financial implications of this program. Member Walkington stated he thought the MMCD had been and continues to be environmentally responsible in their mosquito control program and wanted to see the program continued. After further brief discussion, Michael Vincent moved and Jonathan Widem seconded a motion to make the following recommendations to the City Council reI'ative to mosquito control procedures within the City of Eagan: 1. Continue to participate in the current mosquito control program as administered and implemented by the MMCD. This includes the treatment of larvae sites with chemical briquets and the ground spraying of adult mosquito habitat on public property. 2. Create an aggressive public education program, administered and implemented by the MMCD, in cooperation with the City of Eagan, regarding alternative control methods and their options in an attempt to reduce the level of chemicals used within the City of Eagan. 3. The MMCD shall provide an annual report of the amount of chemicals used and in which locations within the City of Eagan. There should be a concentrated effort to reduce the amount of chemicals each year. Those voting Aye included Tom Walkington, Michael Vincent, David Szott, Jonathan Widem, John Rudolph, Sherie Wallace and Cindy Lynch. Those voting Nay included Lee Markell, George Kubik and Stephen Thompson. The motion passed.0 ACQUISITION OF NORTHEAST CORNER OF NORTH PARK EAGAN. FIRE DEPT. TEL:612- 681 -4777 • Prtsidot0 Thu W. Sakes vtee P1lesidrnt PaQieb D. Bakar Cenuninlonerc Rochelle Tarry (;eaves Oak W. "Skip" Caen Rod eietvw� n�� Gawp Punk Am* Young Doan Zimmermann $mperinhadei: David 1. /Ma February 2, 1995 Mr. Ted A. Mondale Senator, 44th District Room 309 State Capital Building Saint Paul, Mt' 55155 Dear Ted: Jul 17'95 13:41 No.004 P.03 Thank you for requesting information and our experiences and perspectives on mosquito control activities on Minneapolis Park and Recreation Board property. We think it is important that the role and funding for the Metropolitan Mosquito Control District be assessed by the legislature. Our past experiences with the Mosquito Control District was probably typical for municipal and county park systems throughout the metropolitan areas, Larvicide (BTI and Altosid) briquettes were disttibuted in wetland areas in Wirth Regional Park and Roberts Bird Sanctuary without any notification to the Park System. Cold fogging was designated for several sites including Bassetts Creek Park, Shingle Creek Park near Shingle Creek School, the perimeter of North Commons Park, Victory Memorial Parkway, Columbia Golf Course and a few other locations. Our understanding was that when mosquito levels exceeded a certain threshold established by MMCD or at the request of the public for special events or for general nuisance complaints, adulticiding would tike place. It was not until rl 992 when the District informed the Board that they would be treating Mr property and they requested the names of contact people that we began to address this issue. We assembled a group of appropriate staff people to review this topic and then met with representatives of the District to discuss their programs, activities, effectiveness and intent. vg. Asa ee wa Wow Hovey r~riimi, WO Gain Falange 100 Swath 5th Strew Wemeaporm. k1N 5511$ -1400 Phone 1- 6124.1.4800 Far L'613.661.4777 R =97% NIPa Caavae for Rsetalias ad Pasts 007011111 111•16. leil 612 681 4777 07 -17 -95 02:45PM P003 #17 EAGAN, FIRE DEPT. TEL:612- 681 -4777 Jul 17'95 13:42 No.004 P.04 R •98% Senator Ted A. Mondale February 2, 1995 Page 2 Hased upon this meeting and extensive information from other sources, the staff recommended that all Metropolitan Mosquito Control District activities be discontinued from all Minneapolis parkland unless a significant mosquito -borne health threat existed. This reoommetudation was based upon the following considerations: • There were actually yr fj sites Offing treAtM within the Minneapolis Park system ant by the Dist ict s.own admission. their efforts did ne t as eigr .ant.xn- Isaput, o mear»iitns affecting Minneapolis residents as compared to their efforts west of the city limits. • The Board, which had recently adopted an Environmental Policy, is responsible for protecting the ecological integrity of the park system and the health of park users. One component of this policy is to minimize the use of chemicals and to promote integrated pest management. • Both of the aduldcides being used are considered highly toxic to aquatic organisms and acutely toxic to fish and the long -term, ecological impacts of the larvicides is not yet well documented. • This would be an opportunity for governmental leadership ittiMpling izliaglospanaaily in Ehe aoolicguon of personal evellents as opposed to facilitating widespread, non - specific chemical spraying. In essence, these recommended changes would not drastically change conditions in the park system, but provided important statement about the use of chemicals and personal responsibility. Resoludon 94.133, restricting treatment activides by the Metropolitan Mosquito Control District except for health related concerns, was passed unanimously by the Board on August 3, 1994. With regard to your question about anticipated risks to the environment if chemical treatment for mosquitos is allowed, it Is our opinion that there may be some risks to both people and wildlife. We recognize that the district has an excellent national reputation for using/developing some of the most ecologically- benign materials and application methods to control nuisance mosquitos. However, while questions still remain about both the acdve and inactive ingredients and their ecological and health effects, there are many questions about the overall effectiveness of the District's efforts to reduce mosquitos. Efforts are now underway to begin to actually quantify effectiveness through a variety of measures. 612 681 4777 07 -17 -95 02:45PM P004 #17 ERGRN FIRE DEPT. TEL:612 -681 -4777 Jul 17'95 13:42 No.004 P.05 Senator Ted A. Mondale February 2, 1995 Page 3 the issue becomes even more complex when you factor cost into the equation. If we can be of additional auistancep please don't hesitate to contact us. Our Environmental Program Manager, Al Singer, who Is also a member of the District's Technical Advisory Board would probably be most helpful. His phone number is 661.4826. David L. Risher Superintendent DLF/bjs cc. Alan Singer Environmental Program Manager '612 681 4777 07- 17 -95 02:45PM P005 #17 EAGAN FIRE DEPT. TEL:612- 681 -4777 FROM CITY OF CHANHASSEN June 13, 1995 Ms, Pat Awada Eagan City Co ',woman FAX: 222.7625 3u1 17'95 13:43 No .004 P.06 86.13.191.6 15101 e. t CITYOF ! 1 890 COULTER DRIVE • PO. BOX 147 • CHANHASSEN, MINNE OTA 55317 (812) 937.1908 • PAX (812) 937.6739 Dear Ms. Awe In response to phone inquiry of June 12, 1995, I o On August 24, 992, the Chanhassen City Council op Recreation Com 'salon regarding mosquito control 1, In rep treatm 2. In roger s tb adult mosquito control c the pro am in the fhil of' 1993; 3. In regrets to the landing, take o practice prohibited; 4, That eta and the groups ho are whateve else s to larval control briquettes, all areas and times ere provided; Since this action, 4 1i been nuisance moequiWr'within our p the following information. the recommendation of the city's Paark nd As by making the following motion: I continue providing notification of the eir use sale (cold fo g), to eliminate their use and to - evaluate d loading of the helicopter in city parks, that this sly pursue other measures of con .. II.'nd••lnt df ♦.I� 1 I. 4 I ^�•¢ Thank you fear y Sincerely, ling mosquitoes such as volunteer bly plugging tree cavities, and to control mosquitoes without chemicals. knowliedge, the city hu not received any co ur interest in the city of C Todd Hoffman, 4 LP Park and Recrea on' Director . 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' ymy ro m .'►' 'C! p py O . � Q! �yyW Vi Cf OD m N Cl f m w ^ poi g' w. ti +. 0 �Cf o "° 0 etl o d ao ++ " v•go es sm▪ �d.s .. Pa • 0Q' 4•rA 00„ ;!1v ' omoo . i •3' .g li as .„ 6a §1 " 'g.e •� • , g .°gym 'm ° '.A q ,� �'3 b �, � d � " o . �., a� 0 m .o Q 8 0 • f+, p .4441 " q a ° A �m cam• 5 o � ++ -. Oe.s °'0 m q yo „ F'q oPq o'o ° �'`3 iY ° q 4r,g o m s '`''412 ai � q 'qR •p a0i � a CIS .' eo N '-a II:11tIiI1Ill a .E'`t m8'i'a 'e8 �� $' , '"a s, 'd , y� 8 0 0 ,d 5 .� 1 .., m :' ^ g s 0 1 0 0w o 0: "w 0 ai tm pw q o g.0.0 FOd DscA.E.062,..014010 34 g p 4 marl x°gpm 4 a aw d s 114:t w 1114POtreLe , 3a?. w 44 a' : Agenda Information Memo August 1, 1995 Eagan City Council Meeting B. CONSIDER RE- APPROVAL, PRELIMINARY SUBDIVISION, GARDENWOOD PONDS ACTION TO BE CONSIDERED: To re- approve a Preliminary Subdivision for Gardenwood Ponds located south of Wescott Road, east of Stony Point Road and north of Northview Park Road subject to the conditions listed in the staff report. FACTS: • This Preliminary Subdivision was originally approved on July 20, 1993. • The City Council granted a reapproval/extension in 1994 that expired on July 19, 1995. • At the July 18, 1995 City Council meeting, the developer withdrew his request for a further extension of approval because he had issues with the proposed additional conditions under consideration by the City Council. • On July 18, 1995, the developer also applied for Final Plat approval, but has been informed that the Final Plat must be approved within the one -year time period. Rather than debate the legal issues surrounding the various statutory deadlines, staff and the developer agreed to pursue another attempt at a re- approval with new conditions acceptable to both parties. As of Friday, July 28, all issues have been resolved except the design speed of Gardenwood Drive. Staff is evaluating the additional information submitted by the developer regarding alternative design speeds and will have a report for the Council by Tuesday evening. BACKGROUND /ATTACHMENTS: (2) Staff memorandum - pages .7 Sthroughg. Memo from Bob Wiegert, Consulting Engineering for Developer D.R. Horton TO: FROM: MEMO city of eagan MAYOR TOM EGAN & CITY COUNCILMEMBERS PEGGY A. REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT MIKE FOERTSCH, ASSISTANT CITY ENGINEER DATE: JULY 25, 1995 SUBJECT: RE- APPROVAL OF GARDENWOOD PONDS PRELIMINARY SUBDIVISION Introduction George Seagraves of D.R. Horton Company is requesting reapproval of the Preliminary Subdivision for Gardenwood Ponds. Background The City Council originally approved this Preliminary Subdivision on July 20, 1993. An extension through reapproval was granted by the City Council in 1994 and expired on July 19, 1995. At its July 18, 1995 meeting, the City Council discussed once again extending the approval of the Preliminary Subdivision with some amended conditions. At that point, the developer indicated he was withdrawing his request for an extension. On July 20, 1995 the Community Development Director contacted Mr. Seagraves to inquire as to his intentions. Mr. Seagraves indicated that he had submitted a Final Plat application on July 18, 1995 and wished the City to take action on that. The Community Development Director explained that the City Code required Final Plat approval within one year of preliminary approval and that the one year expired on July 19, 1995. Mr. Seagraves and your Community Development Director then discussed the various legal issues involved and the potential conflict between the City's legal position and that of Mr. Seagraves. The Community Development Director suggested that there were two options at this point: �S 1. The City and D.R. Horton Company could decide to debate the legal issues and spend the next several months going to court. This option would lik ly not give Mr. Seagraves his desired outcome which would be to be abl to b gin construction of the subdivision yet this y ar. 2. The City and D.R. Horton Company could come to an agreement on the conditions to be imposed and the City Council could consider, once again, a reapproval of the Preliminary Subdivision. Those items not fully resolved, namely the design of Gardenwood Drive, will need to be settled by the City Council at its meeting of August 1, 1995. At this point, City staff and Mr. Seagraves have come to an agreement on most of the conditions of reapproval. We agreed to pursue this option. Issues 1. Wetlands: Mr. Seagraves has agreed to revise the Preliminary Subdivision to satisfy the wetland replacement ratio of 2:1 instead of 1:1. Staff concurs with Mr. Seagraves' position that this revision will not require the 120 day renotification process. Rich Brasch, the City's Water Resources Coordinator, has confirmed this reading of the state law with the state DNR. The wetlands replacement plan will be reviewed by the APRNRC prior to final subdivision approval. 2. Tree Preservation: The developer has agreed to comply with the current tr e preservation policy. The tree preservation plan will be reviewed by the APRNRC prior to final subdivision. 3. Model 1-tomes: The developer has agreed to revise, as necessary, the designated lots for model homes. 4. Trail Connection: The need for a trail connection between Stanwix Court and Gardenwood Drive was discussed extensively among the developer, APRNRC, and City Council during 1993. The final resolution, in September 1993, was an agreement between Argus Development (the developer at that time) and the APRNRC. The developer has agreed to provide a trail connection between Stanwix Court and Gardenwood Drive. In addition, if the developer succeeds in acquiring some adjacent property from Sienna Corporation, an easement for trail purposes along Bold Lake will be provided. 5. Public Improvement Process: If the streets and utilities are to be installed as a public project, the developer understands that he will need to re- petition the City to initiate the process. 6. Access atWNescott Road: The access from Gardenwood Drive to Wescott Road is no longer an issue. On July 17, the Public Works Director met with the developer and his engineer to discuss the intersection of proposed Gardenwood Drive with Wescott Road. The location proposed by the developer is approximately 300' east of the easterly entrance to Woodland Elementary School /Mueller Farm Park and approximately 360' west of the Wescott Hills Road. This situation cr ates a staggered offset street intersection pattern on Wescott Road, a 4 -lane community collector street with daily traffic volumes of approximately 10,000 trips. (ps With Gardenwood Drive providing a community trailway connection between Northview Park Road and Wescott ' Road and the proximity of the school /park servicing this proposed development, the developer was requested to consider relocating Gardenwood Drive to line up with the east entrance to the school /park. This information was presented because of the recently completed Pedestrian Crosswalk/Policy & Study performed by the City. The safety concems associated with the proposed interaction location were discussed in relation to not only traffic tuming movements, but also the result of midblock pedestrian crosswalks created by these offset "r intersections. It was requested that if the subdivision layout would have to be modified to accommodate tree and /or wetland preservation requirements, it would be appropriate to reevaluate the potential of relocating this access further west to line up with the school /park driveway. This location would be a major park entrance point for both vehicle and pedestrian access. The developer indicated that he was rat willing to evaluate the impact of this revision to his development proposal. Subsequent to the July 17 meeting with the developer, City staff has reviewed the Wescott Road corridor adjacent to the proposed development in further detail. Currently, pedestrian access from the south side of Wescott Road to the school /park area is provided by a midblock pedestrian crosswalk located at the westerly entrance to the school. This location was provided with the school development because of the potential of a 4 -way intersection with the property to the south. The curb cut location was constructed previously because of a past proposal for development of the area. Clearly, the intent in the past was to provide a pedestrian crossing of Wescott Road at a 4 -way intersection. The Gardenwood Ponds proposal does not utilize this existing curb cut location. In reviewing the existing profs {e of Wescott Road, the proposed Gardenwood Drive intersection is at a crest in the profile of the roadway between Greensboro Drive and Woodland Trail. The proposed intersection provides the "best" sight distance along this segment of Wescott Road. Even though safety concerns still exist with the creation of staggered offset street intersection patterns along Wescott Road which require vehicles to performs a.traffic lane crossover weaving motion when going to /from the school /playground /park in lieu of crossing at a 4 -way intersection, the creation of the "best" sight distance along Wescott Road has a higher priority than the previously mentioned traffic maneuver concerns. Therefore, staff concurs with leaving the intersection as originally proposed. 7. Qardenwood Drive Design Criteria: The second item discussed at the July 17 meeting was the additional safety concems associated with a 30 MPH design for proposed Gardenwood Drive with 32 direct driveway approaches, 7 public street intersections, and a community trailway located on the west side of Gardenwood Drive. With the recent Pedestrian Crosswalk Policy & Study performed by the City combined with public concerns received by staff, it was recommended to the developer that the 30 MPH design speed previously considered be increased to 40 MPH to provide for increased sight distances along the roadway. Even though an increase in design speed is being proposed, the intent is to limit the speed limit to the proposed 30 MPH. The increase in the design speed would provide greater sight distances and ultimately a safer roadway for motorists, residents, and pedestrians. The developer has submitted drawings to demonstrate the impact to the subdivision with 35 MPH and 40 MPH design with _respect to grading, wetlands, and trees (memo and drawings attached). City staff is in the process of evaluating this information and will report the results of their review at the City Council meeting. SUMMARY In summary, if the City and D.R. Horton Company can reach an agreement on the modified conditions of approval for the Gardenwood Ponds Preliminary Subdivision, a reapproval/extension to January 2, 1996 would appear to be in the best interests of both parties. Mr. Seagraves has indicated that D.R. Horton Company is agreeable with all of the modified conditions suggested by staff with the exception of the 30 m.p.h. design on Gardenwood Drive. The City Council is being asked to evaluate the pros and cons of a 30 m.p.h. design speed. ACTION TO BE CONSIDERED To re- approve or deny a Preliminary Subdivision for Gardenwood Ponds subject to the original conditions established on July 20, 1993 with the following modifications: 1. The Preliminary Subdivision shall be revised to satisfy the 2:1 wetland replacement requirement of the Wetlands Conservation Act. This revision shall be reviewed by the APRNRC prior to Final Subdivision approval. 2. The subdivision shall be subject to the requirements of the City's tree preservation policy. A tree preservation plan shall be reviewed by the APRNRC prior to Final Subdivision approval. 3. The location of model homes shall be designated. 4. A trail connection will be provided between Gardenwood Drive and Stanwix Court. 5. If the Final Subdivision includes adjacent property currently incorporated as outlots in Bridle Ridge 2nd Addition, an easement for trail purposes adjacent to Bald Lake will be provided. 6. Redesign of Gardenwood Drive to a 40 MPH design speed. Director of Community Development PAR/MF/js attach. Assistant City Engineer P A R A A A O U N T E N G I N E E R I N G & D E S I G N MEMORANDUM DATE: July 26, 1995 TO: Mayor and City Council FROM: Bob Wiegert SUBJECT: Gardenwood Ponds Gardenwood Drive "Increased Design Speed - Site Impact" We were requested by Eagan City Staff to prepare an exhibit superimposing the 35 and 40 mph design curves on Gardenwood Drive. This exhibit is attached. The longer dashed line is the 35mph design and the shorter dashed line is 40mph. • 35mph - This alignment closely follows the current Gardenwood Drive alignment south of Lauren Circle. North of Lauren Circle the 35mph alignment encroaches into Lots 1 -8, Block 3. The existing contours are indicated on the exhibit. The land drops off rapidly towards the wetlands located to the southeast of Lots 1 -8. These wetlands would likely require fill to allow construction of houses on these lots. Also additional trees would be impacted on these lots. 40mph - This alignment has a very negative impact on the environment as is readily apparent upon review of the exhibit. Lots 2 -7, Block 4 would be rendered unbuildable due to the location the house would be on the lot (well down the existing steep slopes). The same can be said for Lots 1 -9, Block 3. The roadway would be adjacent to the large wetland to the southeast of Lots 3 -5, Block 3. Significant tree loss would occur with this alignment. 556 E. NEVADA AVENUE ST. PAUL, MN 55101 1612) 771 -0544 FAX: 776 -5591 --79N • Current Gardenwood Drive Design - The 30mph design speed for Gardenwood Drive was a requirement (Condition 10) of Preliminary Plat approval by the City Council on July 20, 1993. In fact the City's Engineering Design Standards - Street Section discusses 30 and 35mph design speeds for neighborhood collectors. A further condition (condition 21) of Preliminary Plat approval from July 20, 1993 restricts parking to one side of Gardenwood Drive only. Also to separate pedestrian and vehicle travel, Gardenwood Drive will have an 8 foot wide bituminous trail on the west side. This trail will connect to trails at Wescott and Northview Park Roads. We feel strongly that an increase in design speed will lead to an increase in "running" speed due to the gentler curves. A good example of this is the stretch of 1-35E from West 7th Street to I -94 in St. Paul. The posted speed is 45mph. But obviously the design speed is greater and the majority of drivers exceed the 45mph posted speed by 10 ±mph. This has caused a significant law enforcement presence in an attempt to slow traffic. We feel the same will likely occur on Gardenwood Drive. Conclusion: The current design of Gardenwood Drive will not lead to an unsafe situation. The design follows the natural lay of the land and has minimal impact on trees and wetlands. The design speed was a condition of Preliminary Plat approval and meets the City's Engineering Standards. The roadway will be 38 feet wide, parking on one side only and have a bike trail to separate vehicle and pedestrian travel. Joe Miller Homes also will require "turnarounds" for all driveways fronting on Gardenwood Drive. Joe Miller Homes recently required this for driveways fronting on Slater Road in the St. Charles Wood development. • w aro OP rNOMA,.R so Aopnw amaF j I c De4woo) PONDS II JOE MILLER A HOMES i i 4 Agenda Information Memo August 1, 1995 Eagan City Council Meeting C. REQUEST TO RECONSIDER PRELIMINARY PLANNED DEVELOPMENT & PRELIMINARY SUBDIVISION. SAFARI -AT -EAGAN THIRD ADDITION ACTION TO BE CONSIDERED: • To approve or deny the request to reconsider approval of a Preliminary Planned Development and Preliminary Subdivision for the Safari -at -Eagan Third Addition located north of Cliff Road, west of the Thomas Lake Center. FACTS: • On May 15, 1995, the City Council adopted findings for the denial of the Preliminary Planned Development and Preliminary Subdivision for the Safari -at -Eagan project. • The City received a request from Fortune Realty's attorney to reconsider its action. • • At its meeting of June 20, 1995, the City Council considered this request. The Council postponed action on the matter until the 1.ugust 1 meeting and requested a review by the City Attorney of the statements in the letter from Gary Van Cleve, the attorney for Byron Watschke. The City Attorney has prepared the attached memorandum reviewing Mr. Van Cleve's letter and also outlining the procedural options before the City Council. • Representatives of the adjacent neighborhood have been notified that this item has been placed on the Council agenda. The neighborhood has also been told that if the City Council moves to reconsider this item, It may do so at this meeting of August 1 or schedule another time to actually discus the reconsideration. Mr. Van Cleve has requested that the City Council take definite action on August 1 so Fortune Realty knows where it stands with respect to future development of the site. ISSUES: • Action on this item involves a two -step process. First, the City Council must determine whether it wishes to reconsider the issue at all. Second, if the, Council does vote to reconsider, it may deliberate the reconsideration that evening or the Council may decide to hold the reconsideration at a later date. Reconsideration by the Council should be based upon all of the files and reports prepared in connection with the applicant's development as well as any additional material the Council may request. Following reconsideration, the Council world need to act upon a motion to either approve the applicant's proposal as submitted, approve the applicant's proposal with modifications, or affirm the Council's prior denial. A notion to approve or modify the applicant's original proposal requires a 4/5 vote of th Council since it involves a zoning decision. Agenda Information Memo August 1, 1995 City Council Meeting Page two. BACKGROUND /ATTACHMENTS: ( ) Letter of 7/21/95 from Gary A. Van Cleve • a : e Memorandum from City Attorney, pages ii + through C%. Letter of 5/30/95 from Gary A. Van Cleve, pages c?/ i. ou h 7-6 . May 2, 1995 City Council Minuets, pages r-f 7 through?, . April 25, 1995 Advisory Planning Commission . tes, pages -6-F-- through `0/ April 18, 1995 Staff Report, pages tt1Jugh March 21, 1995 City Council Minutes, pages -_ February 28, 1995 Advisory Planning o ssion pages �oughr� February 23, 1995 Staff Report, pages �� through o LARKIN, HOFFMAN, D4LY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORWEST FINANCIAL CENTER 78130 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 -1194 TELEPHONE (612) 8354600 FAX (612) 896-3333 Gary A. Van Cleve DIRECT DIAL(612) 8964277 July 21, 1995 Mr. Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Denial of Preliminary Planned Development and Preliminary Subdivision -- Safari -at -Eagan, Third Addition Our File No. 21,471 -00 Dear Mr. Hedges: I am writing to confirm that the Eagan City Council will be taking up the matter of our request to reconsider prior council action concerning the above - captioned matter at its August 1, 1995 meeting. I am writing to convey my client's concern that this mtter not be delayed beyond August 1. To date we appreciate the Council's willingness to consider seriously the issues that were raised in my prior letter. It is imperative, however, that this matter reach closure. Fortune Realty needs to know where it stands with respect to future development of the site, and the City is not doing it any favors if it decides to delay action beyond August 1. Accordingly, please take to heart our request that the Council take some definitive action on August 1 so Fortune Realty knows where it stands with respect to future development of the site. Very truly yours, Gary A< Van Cleve, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. cc: Byron Watschke James Sheldon, Esq. Robert L. Hoffman, Esq. Document1 SENT BY: TO: 612 432 3780 7 -27 -95 ; 3:59PM ;SEVERSON W I LCOX SHEL-' 612 681 43004 2/ 7 MEMORANDUM Toin Egan, Mayor Pat Awada, 'Councilmember Shawn Hunter, Councilmember Sandra Masin, Councilmember Ted Wachter, Councilmember Tom Hedges, City Administrator FROM: City Attorney's Office DATE: July 25, 1995 RE: Denial of Preliminary Planned Development and Preliminary Subdivision/ Safari at Eagan 3rd Addition Our File No. 206 -12883 In furtherance of of r discussion with the Community Development Department concerning the applicant's request to the City Council to reconsider its denial of the preliminary planned development and subdivision for Safari at Eagan 3rd Addition, we have reviewed Mr. VanCleve's letter of May 30, 1995, and offer the following comments. FACTS 1. The property is an unimproved parcel of 7.7 acres, legally described as Oudot A, Safari at Eagan 2nd Addition. 2. The property is designated CSC on the Eagan Comprehensive Guide Plan Land Use Map. 3. The property is presently zoned PD, with a supplemental CSC district to the basic zoning of CSC -GB. 4. The Planned Development Agreement dated June 21, 1977, expired on June 21, 1992. 5. On May 15, 1995, the City Council approved a Resolution denying Fortune Realty's application for preliminary development and preliminary subdivision, See Exhibit "A" attached. 7-5 SENT BY: 612 432 3780 7 -27 -95 ; 4:00PM ;SEVERSON WILCOX SHEL -. 612 681 4300;# 3/ 7 DISCUSSION A.) Status of Planned Development - It is clear that under the language of the Planned Development Agreement, that absent any extension, the Planned Development expired in 1992. No extension has been requested nor approved by the City Council. Section 11.20, Subd. 8(e), states that when a PD has expired for a development which has not been substantially completed, the Council may terminate the planned development zoning Section 11.40, Subd. 6(b)(3), provides that a planned development include a staging plan to include the proposed sequence of development in terms of years or range of years of all the areas of the planned development. Additionally, under the recitals, the Planned Development Agreement provides that it is the intention of the owner to proceed with development in phases and to obtain final approval from Eagan for each phase as the development progresses. Under Paragraph 1 of the Agreement, the owner agrees to develop the subject land pursuant to the general plans shown on the exhibits and Eagan agrees to permit such development subject to the owner obtaining final approval for each phase of the development from Eagan before proceeding with any work on said phase. We interpret this language to allow the Council to terminate the planned development agreement if development has not been substantially completed for any phase. Thus, if the developer substantially completed the development of an R-4 residential district, the Council may not after expiration of the planned development, terminate the planned development and rezone that phase to R -1. No development has occurred on the 7.7 acre parcel and thus, the Council retains the option to terminate the Planned Development Agreement for the proposed phase, as well as any other undeveloped area within the PD. B.) Request for Preliminary Development - The general law in Minnesota is that a city's zoning decision must have a rational basis. A determination of whether the City's decision was rational is based on the legal sufficiency of, and a factual basis for, the reasons given for the decision. The legal sufficiency is established if the City Council's decision not to rezone is reasonably related to the promotion of the public health, safety, morals and general welfare of the community. Herein, the applicant sought to develop the property into three uses, any of which uses would be allowed under the Coinprehensive Guide Plan, the PD supplemental zoning and/or the basic zoning. However, the applicant's request must be analyzed under the general rule that a property owner has no vested rights in a zoning classification. Secondly, that the applicant's request involves multiple uses, albeit in conjunction with the request for a subdivisions to three lots. Other than what is in the public records, our office has not reviewed all factors which may bear on the question of vested rights. But, as to the records, it is clear that no physical activity has taken place on Outlot A, Safari at Eagan 2nd Addition and as to the PD Agreement, the applicant has not requested an extension to the PD Agreement. 8� SENT BY: 612 432 3780 7 -27 -95 ; 4 :OOPM ;SEVERSON WILCOX SHEL -+ 612 681 4300;# 4/ 7 Absent a vested right, the Council's decision is still governed by the rational basis standard. Minnesota Courts have held that a refusal to rezone in accordance with the Comprehensive Guide Plan is evidence that a City's action was arbitrary, but it is not conclusive. The City may overcome such presumption when it articulates factually supportable reasons that relate to the promotion of the health, safety and welfare of the community. C.) Subdivision Process - Section 13.02, Subd. 2 of the Eagan City Code prohibits the issuance of any building permit for the construction of a building on an outlot. The applicant has sought to subdivide Outlot A into three lots. Section 13.20, Subd. 6, articulates the criteria to be used for guidance by the City Council in its review of a proposed subdivision. The applicant has expressed that it has met all the minimum requirements for the proposed development (e.g. subdivision regulations and zoning regulations). However, the State statutes and the City's subdivision regulations contemplate that the City's approval consist of something more than just meeting the objective criteria set forth within the ordinance. If meeting the criteria in the ordinances is all that would be required, there would be no need for public hearings and subsequent approval by planning commissions and city councils. The City Council and the Advisory Planning Commission play a relevant roll in their subjective analysis of the proposed subdivision, as well as the final approval of the phases under the planned development, and their actions are measured by the rational basis standard. A planned development is an amalgamation of the statutory right of the City to regulate zoning and subdivision. The existence of an expired planned development agreement does not add to or diminish the Council's need to have a rational basis for its decision. The City Council's action in May of 1995, denied the applicant's request for three separate uses on three parcels to be created out of Outlot A, Safari at Eagan 2nd Addition. D.) Termination of Existing PD and Rezoning - It is our understanding that the Council has directed that the Planned Development Agreement be terminated. Under the language of the Planned Development Agreement, termination alone would result in the property being zoned CSC -GB. If it is the Council's desire to change the zoning to another district it feels more appropriate for the area, the Council should initiate a rezoning to a specified zoning district in conjunction with the termination of the Planned Development Agreement. We strongly recommend that any rezoning of the property in question also include a Comprehensive Guide Plan Amendment changing the land use plan designation for the property to correspond to the directed zoning classification. SENT BY: 612 432 3780 7 -27 -95 ; 4:01PM ;SEVERSON WILCOX SHEL-, 612 681 4300:# 5/ 7 If the Council chooses, it may direct that the Planning Commission take public comment on what an appropriate land use designation and zoning designation would be for the property and authorize the Planning Commission then to hold subsequent public hearings as necessary to recommend any Comprehensive Guide Plan or rezoning change to the City Council. Our review of the present zoning districts indicate that each of the three uscs sought by the landowner for the property may be allowed in the limited business, neighborhood business, general business and community shopping center zoning districts. If the Council believes that a theater or similar use is not the type of use that should occur within a particular zone, it may wish to direct staff to process an amendment to the zoning ordinance. Ultimately, the number of parcels to be created will still need to be dealt with in one context or another. Termination of the PD alone will not remove the. issue of multiple uses within the 7.7 acres of land. E.) Procedure - As noted in our earlier memo regarding the applicant's request for reconsideration, there is no obligation of the City Council to reconsider the item. Any Councilmember who chooses to have the matter reconsidered may make a motion. Such a motion would require a second prior to Council taking any action.on the matter. A lack of a motion or a second to reconsider effectively would be a denial of the applicant's request. A motion duly made and seconded requires an affirmative vote of the majority of the Councilmembers voting on the item to be effective. Obtaining less than a majority of the affirmative votes would be a denial of the applicant's request. Assuming that the Council affirmatively votes to reconsider the matter, it may deliberate the reconsideration that evening, or the Council may decide to hold the reconsideration at a later date. Reconsideration by the Council should be based upon all of the files and reports prepared in connection with the applicant's development, as well as any additional material the Council may request. Following reconsideration, the Council would need to act upon a motion to ither approve the applicant's proposal as submitted, modify the applicant's proposal as submitted or to affirm the Council's prior denial. A motion to approve or modify the applicant's original proposal must obtain four out of the five Councilmembers votes to be effective since it involves a zoning decision. If you have any additional questions, please call. MGD /wkt SENT BY: • • sva• d1'% • • • 612 432 3780 7 -27 -95 ; 4 :O1PM ;SEVERSON WILCOX SHEL 11-11 -95 ; $:46* ;SEVERSON 11111.0:tC RESOUTI1ON DP MU CITY Or ZAGAH( • • 612 681 4300 ;# 6/ 7 612 swum* 2/ 3 Inset T ION DENYING REALTY'6...APPLICATION POR DIARY PLANNED DEvintoolawr AND > RamiNi►RY yVgspiviiitON. �� >eeo0tnvarerid denial of the Apell 12;1995. '[he'�rlsec� 2V.,; , *�Feb�Mq Z Atwil 11 • • • • .,. ' 1►• 1 Y t aaeteal �. �w C�iiR we bl4g ?: Ig9�. /fit die '- :ati du: �� •� JnLataiied aAd digfwrmoh antler in wridt ai athe Records �•� .00cu�titute the mooed by tills clasher. , .;'. • • .: ,. . . .... _ .. `�Si 'r K� :' f ..�yt c•✓ �„rr• s �. Zv!• ,�� ..•• r ,r rt:,..•••••••••,-• '• ... • 10 4 •.� '. '. �5: • �(i•ny.�l .�•�}3 • r.•.•f. . .+. ., • ..• •' ' ;�.1'1`!L'� . , . •rc vs. dry.: �.�'•.:'.'' rf- : -. ' Comity, brumesol , that to applitatina . of Fame Realty 1hr s preliminary *need development and t path unary subdivision ibr. a d at. Sai ri at Sul Addition located nosh of C3ift Road and wait aribotmti ialoe Shoppoaeg Collor on OotlotA. Mari at F pi% is hereby denied band • + .. . The applicant has � 1. the �.td establish oormptiioove= �.'� '•• 7 • , provisions and the _lamsed 4 _ .. , ,Code• 2. M the public howinps and belb:e the abed regarding (1) I : (2) height at : $irk iti to lower be William': Pipe Lion; (4) two 000iestion Odd& mold J.eitaire public poundal special amesameats • and a taa gidtioa to alleviate the ), ( ) font odors; (6)• ar with alcohol; (7) Morgue le Wane; (II) iveresse.• L. `A ksoo rpatibaNty with ro .raddcedat us (1 • ' iW(11) location of huh eoepwatr and (12) mquhpd iinporments Low *rest and epees so the subject pnperfy inolOtliisij onitelot,R 11$ and w.;;: ovedlow "R sI .'we•.• % r ... 3. TM applicant's proposal does not adopt Wirt* tliaareor 'poppty by news of she ureter: gird chow and mods to lower property alwa et the • 4. Mace of the isms and proems which are died above. the applicants proposal is not a beee& to the aarroonding awe* or the community ityr at large. EXHIBIT "A" 1 OF 2 SENT BY: SENT $Y: 612 432 3780 7 -27 -95 ; 4 :02PM ;SEVERSON WILCOX SHEL 612 681 4300;# 7/ 7 •-11-95 ; 3:4$I :svEM WILCOX $IC. 812 0e1 4800:4 3/ 3 5 'rho proposal leads to cense on over concentiation of activities with !de- but:re is as ate thst has been designated is the City's Media Cams retold Lod Use Policy as N9 Neighborhood Business). • '�10°�� activity would dhainish tie • soi bo AopQtY owner • s 144 ' their retikotisst - .. . a t ;quexc, • the applies:Ines silt itsetrIs burden the City Covadlottite City of Ewa Rads den painastoa xed the appti�dan is hereby denied. • Dank May 15, CUT' o17 EAOAN • • • By E. J. VasOvtehelce ?;•: • • • $ •• 2 ~1•. i� %••.• Xi; «i. fir 'llamas A-B let: Msyos EXHIBIT "a►" 2 OF 2 ;� L4011.,, LARKIN, HOFFMAN, DALY & LINDGREN, LTD. 0_7 �j AWE lr nwi MIND MOM ATTORNEYS AT LAW ( (r sum a IAA WAN &Ma C. DIKIIIION OdIL puu 1600 NORNIlaT FINANCIAL CENTER MIN O. MUM 7000 XERXES AVENUE SOUTti rn `i MAO seines ICI= BLOOMINGTON, AINNESOTA 36431.1904 Ala L ewe � TELEPHONE (i1ZN W UM H. palm . OM »M»I. Nr.IWM FAX (otzt 11804av doers way ro MaR AWL NP. Weal AP I IIMILLEPAILS PAM M.UMW AMP P • bJII Pta imam API IMAM wawa •i�MbI. fag aeot Q L. IUN R {NM are M:gar• �' w air. Mafiosi paI{� tiilorwM�lw MCAL%aM Iii. wa0'AIMMMtl p1 TOW 11. I is w L it LAMA A. 1wLdR'r LWOW L b,u a0 ~ m. VAPOUR /NOM wanted. LI aM[aMMM PM A.f1Y0aKi1 May � 30,1995 Mayor mad City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Denial of Preliminary Planned Development and Preliminary Subdivision -- Saber! -at- Eagan, Third Addition Deter Mayor and City Coimdll»embeas: We represent Fortune Realty, developer *fib* above project. On May 15, 1995, the Ragan City Co • • it ("City Council") adopted Findings of Fact and Conclusions of JAW denying Fortune Realty approval a a preliminary planned development and a preliminary subdivison for the Safari-at- Eagan. Third Additio "development. On behalf of Fortune Realty, we request the City Council to reconsider its denial at its 46 regular City Camel! meeting, scheduled for Tuesday, June 6, 1995. A review of the municipal record, in this matter leads us to conclude that there was no legally sufficient reason for denying the preliminary planned development and preliminary subdivision. As the City of Eagan's (the "City ") own planner attomey have acknowledged on the record, Fortune Realty met all City zoning requirements. As the a ty Attorney acknowledged on the record, Fortune Realty continues to have contract rights pursuant to the Planned Development (1'D) approved by the City in 1977, which includes the proposed development s to. 14 4' IRACICCIZOTTNII ' The proposed development site is located at the comer of Thomas Center Drive and Cliff Road in the 1 ity • • and consists of 7.7 acres. In 1993 and 1994, Fortune Realty proposed, and the City approved • development of Safari-at-Eagan, Second Addition, which now consists of the Lifetime Fitness Health Club (the "Health Club "). At the corner of Cliff Lake Road and Thomas Lake Road is Thomas Lake Center, a community shopping center. When the City approved the original PD, known as Blackhawk Park PD in 1977, the underlying =Mg fur the area which includes the proposed site, the Health Club and LARKIN, HOFFMAN, DALY & LINDOREN, LTD. Mayor and City Councilmembers May 25, 1995 Page 2 Thomas Lake Center was appmved as part of the original PD, with the underlying zoning designation CSC—community shopping center. The City's procedure for approval of a PD, as stated in zoning code, Section 11.2, Subd. 8, requires initially petitioning the City in the form of a preliminary plan. Id., paragraph C. The zoning code requires that as part of the approval of the preliminary plan, a "Planned Development Agreement" a • Id be approved by the City .CuuuiiL isl., push D. Pursuant to these procedures, the City and the original developer, Blackhawk Park, Inc.C'Blackhawk' , entered into a Planned Development A on June 21, 1977 (the "Agreement"). The Agreement incorporates by reference certain exhibits which designate the site for the proposed development as CSC. The Agreement binds the owner to develop land subject to the PD, and binds the City to agree to permit such development pursuant to the plans attached to and incorporated by reference into the Agreement. The Agreement binds the City to rczon the subject land as a PD district pursuant to City ordinances and further specifies that "[s]uch rezoning shall be supplemental to the basic zoning of the Subject Land now in effect as evidenced by the Zoni attached to the Agreement as Exhibit E. Agreement, paragraph 5. The zoning map, Exhibit E. attach and incorporated into the Agreement clearly designates the basic zoning of the proposed site for the current development as CSC. The Agreement feather specifies that it is to remain in effect for 15 y and that it is a binding agreement that runs with the land "until terminated and be binding upon the successors and assigns of Owner." Agreement, paragraph 22. Accordingly, the teams and conditions f the Agreement, specify contract rights and obligations on the part of both the developer and the City. is rights and obligations continue in MI force and effect and are binding upon Fortune Realty as the successor of the original owner, Blackhawk. Indeed, Mr. Byron Watschke, the principal of Fortune Realty. was a principal of Blackhawk, the original owner of the property included in the PD. Furthermore, the contract rights continue for Fortune Realty because the Agreement and PD have not been, and cannot now be termar P4 The Agreement provides that the term of the PD is 15 years. Agreement, paragraph 4. The zoning provides that a planned development agreement is not terminable absent a public hearing, and cannot terminated unless there is a finding that the planned development "has not been substantially complete Code, See. 11.20, Subd. 8, E.2. The City Attorney has already recognized on the record at the public hearings oo this matter that Fortune Realty continues to have rights under the Agreement, unless and such rights are terminated by the City Council. fie& Minutes of Advisory Planning Commission ni of February 28, 1995, page 16 ("Mr. Watschke further stated that although the PD. has expired, the Ci Council has not issued a cancellation or termioadon of the PD. City Attorney Dougherty agreed with Watschke, adding that contractual right under the aspired PD still exists."). Furthermore, because the A is only terminable, pursuant to the City's zoning code, upon a finding that the planned development "not been aubstantially completed," the City Council is not at liberty at this late juncture to terminate e PD. Code, Sec. 11.20, Subd. 8, E.2. The original approved PD consisted of some 500 acres. The onl portion which remains undeveloped is the 7.7 acre site now proposed for development by Fortune Certainly under any measure of substantial completion, the extent of development of the original PD i euoh that the City must allow development of this final parcel pursuant to the original PD. 07 L iM l I, IIIP?MANN1, DAL r &. LwnuuKeN, Ltv. Mayor and Clty Councilmembers May 25, 1995 Page 3 There haft never been any indication by the City prior to Fortune Realty's current proposal for development of the remainder of the PD, that it disapproved the underlying zoning of CSC for the remaining undeveloped parcel or that it sought to change it. Indeed, the history is consistently to the contrary. While there have been a number of amendments to the Blackh'wk PD over the years, no su • h amendments have ever been proposed by the City for the area now proposed for development. Furthermore. under the Inning min the City in required annually to review and approve the PD, alon with all other PD's in the City. Code Sea 11.20, Subd. 8, E.1. rite Planning Commission and the Council, shall review annually after approval of the 'Preliminary Plan', the progress of eaalt Omuta.' development to determine whether or not the applicant has substantially complied with the Planned Development Agreement "). The City has never advised either Blacklrxwk or Fortune Realty pursuani to these annual reviews that it has not substantially complied with the Agreement. Accordingly, the legal framework for the City to consider the current proposal by Fortune Realty for e sole remaining undeveloped parcel in the PD consists of contract and ordinance -based rights. The a 4 ' ns of the City's Advisory Planning Comm ion ("APC") and the City Council to date in considering and rejecting Fortune Realty's proposed development fail to recognize these rights. The actions of these public bodies as reflected in the municipal record demonstrate that the denials were not reasoned, 1 : ly- based denials, but rather actions taken in acquiescence to non- legally based neighborhood pressure. FORTUNE REALTY HAS MET ALL LEGAL REQUIREMENTS FOR APPROVAL OP THE PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISrOP( Both the City's Planner and the City Attorney recognized on the record that Fortune Realty's proposal meets all zoning code requirements and City standards. At the April 25, 1995, APC meeting, the min tes report the following exchange: Member Carlson inquired of the staff as to whether the applicant's proposal meets all of the Zoning Code regulations and City standards. Project Planner Tyree advised that the proposal does meet the minimum standards. Carlson then stated that if the proposal meets the standards, then the Commission cannot deny the proposal. Minutes, Page 8. Unfortunately, the APC ignored Carlson's accurate assessment and denied the proposal—regardless of fact that it met all requirements and standards. Similarly, et the May 2,1995 City Council meeting,, the minutes report that City Attorney Sheldon advised tho City Council: The PD cannot he terminated until a public hearing is held and the - appropriate zoning determined. Zoning does not change unless specific �3 LARKIN, HOFFMAN, DALY & LINDGREN, L. Mayor and City Cotmci!members May 25, 1995 Page 4 action is taken. The pcopossl meets the requirements of the zone, and it is a Permitted use within the current zone. Minutes, Page 7. The history of Forb a Realty's attempts•to obtain approval 11x cumpledui of development tP 'PD-- - -•- rcflect many revisions made in response to concerns raised by City staff, APC ni nbors and neighboring property ownara. Originally, the proposal was made in connection with the inukruaeel due the Health Cl ,b that the remainder of the site be developed to include the Health Club, a first -tun movie theater and a restaurant. The City chose only to act upon the Ilealth Club, and deferred action on the balanw of Podium Realty's proposal for the reason that it was undertaking a City -wide commercial study to evaluate and update its ceenmereial development iwlie:ye We question the legality of its failure and refusal to out in 1993 for that reason, given the legal framework that applied to this development area. As part of the 1,D under which the developer has contractually binding development rights, any studies recommending future development policies clearly can have no force and effect upon the developer's vested PD right. Nonetheless, Fortune Realty acceded to the City's actions at that time and withdrew its request for development of the entire site. At the time of its original request in 1993, it had proposed a 1500 seat first -rut movie theater and a separate restaurant. When Fortune Realty returned to the City, with play for the balance of the site after the development and construction of the Health Club„jt had scaled back its proposal to u 550 -scat dinner theater together with a free-standing nestaumat. Subsequent revision by Fortune Realty induced the seating in the dinner theater to 452 seats and, ultimately, to 420 seat% which was the final proposal upon which the City Council acted in May. Fortune Realty also made numerous other adjustments to its plans to address other concerns raised by the neighbors and City staff. Originally, the dinner theater was proposed to be eonsttucted on the northerly portion of the parcel adjacent to Thomas Lake Woods, a residential addition. As a result of complaints and objections by neighbors in that area, the configuration of the uses on the site was revised, and the dinner theater was moved to the center of the site. Fortune Realty then proposed in place of the dinner theater on the northerly portion ofthe site, a two-story office building, with a free-standing restaurant on the southerly portion oft= site. It cannot be over emphasized that under current zoning standards and the Agrcemeut, all oftheaevaara and are perfectly acceptable uses. It cannot be over emphasized that all ordinance aad standards have been met by the current proposal before the City. it is clear that the reasons invoked b the City, in denying the pmpnaal are not legally sufficient THE CITY'S RTNDTNCuS AND CONCLUSIONSJN DEWING THE PRELIMINARY PI.ANNVD DEVEi,OP1VjENT AND7IIELTIVfINARY smnlYISTOK SUFj1Z(PNT Since both the City Planner and the City Attorney have admitted on the record that all zoning code standards and City standards have bean met by the proposal, it would appear to be self - evident that any justifieation given by the City for denying the prupu al would be legally insufficiem. Indeed, cxaminci on of the municipal record reflects that the dozen reasons enumerated in the City's Findings of Fact adopted at its May 15,1995 council meeting are the same dozen reasons that were sailed at the original APC cN LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mayor and City Couucilmembers May 25, 1995 Page S meeting on February 2R, 1995, by adjanant rngidantitil property owners. The record contains no evidentiary support for any of these reasons. Indeed, the evidence in the municipal record, which will binding upon the City in the event that this matter finds its way to court, shows that all the concerns addressed and met by the developer. The developer's planning consultant, Carl Dale, submitted an extensive memorandum to the City dated March 31,199S,.whicM enumerated ever; singlovencera.ai by the neighbors and addressed each concerti. No countervailing evidence was ever submitted by the 41 ity ur any of the neighbors in opposition to the positions or evidence stated in this extensive memorand As Ins city vviU usuuut Us= a douild urn v. ning ur permit decision on reasons not supporta. by evidence in the municipal record. This record is devoid of any such evidence to support the purported justifications for denial of Fortune Realty's propusui. Indeed, it is clear from the municipal record that the seal reasons for denial of the proposal arc two -fol neither of which is legally sustainable. First, it is apparent that the City acquiesced to neighborhood opposition to the project. The law is well settled in l iuue6olu thin uoiglabutlu►ud upix►.vitiun is nil ►► legally sufficient reason for denying a zoning or permit request. C. R invesbnents v. Village of Shoreview, 304 N.W.2d 320, 325 (Minn. 1981); /tmocn Oil Co. v. City of Minneanolis, 395 N.W.2d 115,118 (Mures Ct App. 1986). Second, it is apparent that the City denied Fornme Realty's proposal in reliance upon a commercial . d use study conducted last year which has no legally binding force and effect in this cage. Regardless of the study's recomminviaions for future commercial land development policy in the City, such recommendations cannot serve as a legally sufficient basis for the City to deny this developer's propo which is consistent with all currant City zoning ordinances and standards and which this developer, un a legally binding Agreement, has a contractual right to develop. A final irony concerning the objections to and denial of Fortune Realty's proposal is that the most vociferous opposition to the project is coming from property owners whose property is part of this PD For 15 years all pinties have been on notice of the fact that the proposed development site as well as adjacent brads have all been part of this PD. For 15 years all parties have been on notice that the pro .. sed development site has underlying zoning of CSC, and that under the terms of the PD the site is intende for commercial development. Now those who have only relatively revently acquired property within this ' D fail to recognize, and object to the completion of, the very develupmcut of which they we u part. Fe Realty proposes uses for development that are consistent with the PD's underlying zoning and that tin all City zoning regulations and standards. Fortune Realty has rights based in contract and ordinance the City Council must recognize and respect regardless of whether the adjoining property owners recognize and respect these rights. rpNcuisTON Based upon the history of this site, etc oontinuing binding Planned Development Agreement, the zoo code of the City, and the proposal itself which meets all applicable standards, it is apparent that the Ci had no legally sufficient reason for denying Fortune Realty's development proposal. We respectfully qs LARKIN, HOFFMAN, DAY & LINDGREN, LTD. Mayor and City Cotmai'membe rs MaY 1995 Page 6 request that the City Cmmcil reconsider its denial at its next regular meeting on June 6,1995. Upon rwonaidorotint~, wn rarinnni 1hn (lily (1,mu„s, it lv.o,t ayk Ural of Puikus Re sity% piopui,:d beau= Fortune Realty has a right, based both in contract and ordinance to develop this site with the uses proposed. having met all applicable standards for such uses. Vay truly yours, el/ ege an Cleve, for HOFFMAN, DALY & LINDGRI✓N, Ltd cc: Byron Wat cbkc Carl Dale Robert L. Hoffman, Esq. Of U3573.01 EAGAN CITY COUNCIL MINUTES; MAY 2, 1995 PAGE 6 MOMS PROJECT 681, NORTH NICOLS ROAD STREET RECONSTRUCTION After an introduction by Mayor Egan, Administrator Hedges noted that staff has met with Lester Spencer, and he generally agrees with the installation of curb and gutter, but has some concerns about the extra expenses. Community Development Director Reichert then gave a staff report. Lester Spencer, 3786 Nicols Road, raised several concems he has, and indicated he would have to see the ditches before he could approve of them. Mayor Egan asked whether he would prefer a rural or urban design for this roadway. Mr. Spencer stated he was in favor of curb and gutter until he found out how much it would cost. Director of Public Works Colbert explained the proposal for the ditch under the rural ditch design and the costs for concrete curb and gutter. Considerable discussion followed concerning the drainage in this area and the nature of Mr. Spencer's request. Mary Ramnarine, 3785 Nicole Road, presented a letter to the Council stating they accept the rural ditch design with catch basins. Hunter moved, Masin seconded a motion to approve Project 681 and authorize the preparation of detailed plans and specifications based on a rural street design. Director of Public Works Colbert noted that because they deleted the River Valley Trail segment, they also deleted that segment of the water main, so the project that is being approved is not the same as originally proposed. Hunter and Masin clarified that their motion refers to the project as modified. Aye: 5 Nay: 0 STOP SIGN REQUEST, WILDERNESS RUN ROAD AND WEDGEWOOD DRIVE Hunter moved, Wachter seconded a motion to continue this item to May 15, 1995. Aye: 5 Nay: 0 SHOWS LICENSE, YANKEE DOODLE ARTS AND CRAFTS FESTIVAL, REQUEST TO WAIVE FEES, AND VARIANCE FROM CITY CODE ON RECREATIONAL VEHICLE PARKING, YANKEE DOODLE ARTS AND CRAFTS FESTIVAL After an introduction by Mayor Egan, Administrator Hedges gave a brief explanation of the request. Coundimember Masin expressed a concem about setting a precedent. Councilmember Awada concurred, noting this is a fundraising event. Mayor Egan agreed, stating this is a nominal fee. After some discussion, Wachter moved, Hunter seconded a motion to approve the shows license for the Yankee Doodle Arts and Crafts Festival, conditioned upon the receipt of appropriate insurance documentation, and denying the request to waive the fees; and approve the variance request for recreational vehicle parking for the Yankee Doodle Arts and Crafts Festival. Gary Morgan, of the Chamber of Commerce, encouraged the Council to waive the fees, thereby encouraging more of these type of events. Aye: 5 Nay: 0 PREUMINARY PLANNED DEVELOPMENT AND PREUMINARY SUBDIVISION - FORTUNE REALTY ' After intr rctions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report on this proposal. Byron Watschke, Fortune Realty, stated it is apparent that the neighbors don't want anything at this location. He has revised their plan many times, and the neighbors still will not support it. He urged Council approval.' Carl Dale, Planning Consultant for Fortune Realty, addressed neighborhood concerns and urged Council approval. Ron Minette, of Cinema 'N Drafthouse in New Hope, urged Council approval, stating they are interest M locating in Eagan. He noted they haven't had any problems with their New Hope location. Mr. Watchke EAGAN CITY COUNCIL MINUTES; MAY 2, 1995 PACE 7 presented a petition containing 475 names of people who are in favor of this project. He noted that all of the people on the petition either Ive or work in Eagan. Gary Krueger, 4532 South Mallard Trail, representing the Thomas Lake homeowners group, reiterated the reasons the neighborhood does not support this proposal. He doesn't feel the petition is relevant because those people don't know the history of of this property. Coundlmember Awada asked what he would Ike to see there. Mr. Krueger responded the neighbors would like something more compatible with a residential area, such as day care center. Councilmember Masin asked why the neighborhood was unwilling to meet with Mr. Watschke again. Mr. Krueger responded that the residents didn't feel there was any reason to meet because the Cinema Grill was still being proposed and they are opposed to it. He Indicated he did meet with Mr. Watschke; however, Mr. Watschke indicated he was going to go ahead with the project as proposed. Bob Knudson, 1629 Walnut Lane, Indicated he is opposed for the same reasons Mr. Krueger stated. Sandy Unger, 4542 South Mallard Trail, indicated she feels the two story office building Is inappropriate. She feels the office building should be located where the theater is being proposed. Councilmember Awada stated the theater seems to be the problem with the neighbors. Mr. Watschke responded that he doesn't think that changing the use is going to alleviate the concems of the neighbors. They want to put the theater in because Cinema 'N Drafthouse wants to be in Eagan and they feel they have the site for it. Councilmember Hunter asked what the city's options are with the expired planned development. City Attomey Sheldon indicated the planned development cannot be terminated until a public hearing is held and the appropriate zoning determined. The zoning doesn't change unless specific action is taken. The proposal meets the requirements of the zone and it is a permitted use within the current zone. Mayor Egan asked whether the city has the right to change the zone, and City Attomey Sheldon indicated they do. Mayor Egan stated he feels the objection isn't so much to the type of use, but the intensity. The Council can regulate the intensity. The Council needs to be sensitive to the residential nature of the surrounding area. Councilmember Wachter stated he feels this proposal is too intensive. He feels traffic will be a problem if this goes in. Councilmember Masin concurred stating the Council needs to get the health club to provide more parking for its customers. Councilmember Hunter stated he thinks the biggest objection is the night use, not the theater. Councilmember Wachter disagreed, indicating there is a parking problem during the day as well. Members of the neighborhood concurred. Discussion followed concerning the nature of the parking problem and how it can be alleviated. Considerable discussion followed concerning what intensity is appropriate for this property and whether rezoning this property to Limited Business or modifying the planned development district would be appropriate. Hunter moved, Wachter seconded a motion to deny the preliminary subdivision for Safari at Eagan 3rd Addition due to the fact that the proposal is too intense for the area. Aye: 5 Nay: 0 Hunter moved, Awada seconded a mcuon to direct the City Attomey to prepare findings of fact on the denial. Aye: 5 Nay: 0 Hunter moved, Wachter seconded a motion to direct the Planning Commission to hold a public hearing to terminate the planned development. Mayor Egan indicated he would Ike the flexibility of allowing the appacant to come up with an acceptable revision to the planned development district. Councilmember Hunter accepted this as a friendly amendment, but only for the area under this proposal. Aye: 5 Nay: 0 Page 6 April 25. 1995 ADVISORY PLANNING COIvIIMIISSION PUBLIC HEARING FORTUNE REALTY /SAFARI AT EAGAN 3RD ADDITION - PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION Chairperson Miller opened the first public hearing of the evening regarding a• Preliminary Panned Development for an office, a theater /restaurant, and a restaurant, a Pre1iniinary Subdivision for three lots on a total of 7.7 acres, and a Conditional Use Permit to allow the sale of beer and wine for the proposed Lot 2, Block 1, Safari at Eagan 3rd Addition located north of Cliff Road and west of the Thomas Lake Shopping Center on Outlot A, Safari at Eagan, in the SW1/4 of Section 28. -Project Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staffs planning report dated April 18, 1995. Ms. Tyree noted that this item was set on for public hearing at the February 28, 1995, Advisory Planning Commission meeting. Ms. Tyree stated that the Commission recommended denial of the proposal based on its noncompatibility with the adjacent residential use, the excessive intensity of the proposed use and the lack of any sight plans for the remaining use of the subject property. Ms. Tyree further noted that the applicant, at the March 21, 1995, City Council meeting, requested the item be continued in order to more adequately address the issues raised by the residents and the Advisory Planning Commission. Ms. Tyree noted that the present proposal is a revised sight plan which now includes a proposed medical/office building to the north abutting the residents to the north and only one proposed Class I restaurant, in addition to the Cinema Grill restaurant/theater. Ms. Tyree noted that the intensity of the 'development has only been diminished by the suggested use of an office, and not in the reduction of buildings or uses. The applicant, Byron Watschke, stated that the development is pursuant to a PUD entered into in 1973 which has been carried through and almost completed. He noted that the adjacent residential uses were originally,intended to be higher density with original PUD but has since been revised to the present residential use. He stated that the revised plan has improvements to the original plan, emphasizing that the medical/office building is now proposed to be next to the residential border, as opposed to the Cinema restaurant. Mr. Watschke noted that the revised plan attempts to address all of the concerns of the neighbor and noted that the developer "could have developed it a lot differently than proposed ...we could put in a bowling alley, hotel, or grocery store..." Gary Krueger, a resident at 4532 South Mallard Trail, spoke on behalf of the Thomas Lake homeowners group. Mr. Krueger stated that the Commission denied the proposal at the February meeting because the proposal at that meeting did not specify other uses and the proposed use was too intense for the surrounding residential uses. He Page 7 April 25. 1995 ADVISORY PLANNING COMNIISSION stated that the only change to the revised plan is the addition of an office building, as opposed to a third restaurant. He stated the applicant has failed to listen to the concerns expressed by the APC and the residents. He further noted that the applicant has no committed tenants except Cinema Theater. Mr. Krueger requested the Commission to recommend termination of the Planned Development Agreement or revise the Planned Development Agreement. A resident of 4500 South Mallard Trail expressed concern regarding the existing garbage pickup time, 6:00 a.m., at Life Time Fitness. She further expressed concern regarding Life Time Fitness garbage laying in the homeowners property, in the tree lines and in the drainage pond. Finally, she expressed concern regarding the intense traffic problem due to Life Time Fitness which will only get worse with the proposed uses. Another resident of 4500 Thomas Lake Road stated that he does not object to the proposed development but is concerned about the traffic control in the area. Carl Dale, the applicants planning consultant, advised the Commission that Life Time Fitness has agreed to lower their parking lot lights. Another resident from Woodgate Townhomes, at 6029 Walnut Lane, stated that the Townhome Association members have the same concerns as those expressed by the Thomas Lake group. Chairperson Miller advised that the Life Time Fitness issues must be divorced from the present proposal, but acknowledged the neighbors distrust for the developer's promises. Chairperson Miller opined that the biggest concern is presently the parking issue. He noted that the original plan, prior to the development of Life Time Fitness, was to provide a movie theater, restaurant and health club, but now the developer is proposing the health club with a cinema restaurant; a second restaurant and an office building. Chairperson Miller opined that the elimination of the parking problems or concerns can be caused by elimination of one of the uses. Member Isberg stated that he still has concerns with the intensity of the proposed use on the subject property which is located next to a residential area. He further noted that the revised plan has not alleviated his concerns. Member Isberg suggested that a down zoning of the property may alleviate any future problems of whether the use is too intense for the surrounding area. He stated because the proposed uses are not compatible • with the residential area, he disfavors the proposal. Member Heyl concurred with Isberg regarding the use intensity. She emphasized that the APC's focus at the February 1995 meeting was the intensity of the uses on the subject property and that the Commission suggested that two uses be developed. Heyl stated that she disfavors the proposal, but does not agree with a rezoning. boo Page 3 April 25, 1995 ADVISORY PLANNING COMMISSION Member Burdorf stated that he concurs with Isberg and Heyl, noting that the Cinema Grill is a good idea but a wrong use for that area. Member Carlson inquired with staff as to whether the applicant's proposal meets all of the Zoning Code regulations and City standards. Project Planner Tyree advised that the proposal does meet the minimum standards. Carlson then stated that if the proposal meets the standards then the Commission cannot deny the proposal. Community Development Director Reichert explained that the site is currently a planned development and the applicant is requesting : an amendment to the planned development. Ms. Reichert further explained that a planned development allows the City more discretion with respect to the specific proposed uses as opposed to straight zoning which the City must approve use if permitted within the zoning district Chairperson Miller opined that the proposal does not promote or protect the residents welfare, safety or quality of life. Member Heyl moved, Isberg seconded, a motion to deny the prey in planned development amendment for the reasons discussed above. All approved in favor, except Member Carlson who opposed. Member Segal moved, Heyl seconded, a motion to recommend denial of the preliminary subdivision for the reasons stated above. All approved in favor, except Member Carlson who opposed. Member Segal inquired with City staff as to the feasibility of conducting. a study examining the appropriateness of down zoning the subject property. Community Development Director Reichert advised that the area is presently zoned planned development, but the planned development agreement has since expired. She stated that a public hearing will be needed for City Council to terminate the planned development or to rezone the subject property and therefore the Commission may request City Council to consider those issues. Member Isberg moved, Carlson seconded, a motion to recommend to City Council to set a public hearing date to consider the termination of the planned development and/or consider a rezoning of the subject property to a less intensive use. All approved in favor, except Member Heyl who opposed and Member Segal abstained from voting. city of eaaan MEMO TO: Chairman Miller Advisory Planning Commission Members FROM: Shannon Tyree, Project Planner DATE: April 18, 1995 SUBJECT: Safari at Eagan 3rd Addition. INTRODUCTION A revised proposal has been submitted for the Safari at Eagan 3rd Addition. The purpose of this memo is to provide some of the recent history of this project, a review of the new proposal and the issues associated with it. BACKGROUND The Public Hearing for Safari at Eagan 3rd Addition was held at the February 28, 1995 Advisory Planning Commission meeting. At that meeting residents from the surrounding neighborhoods expressed their concerns regarding: 1) light intrusion; 2) height and 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) incompatilbilty with surrounding residential uses; 10) unsightly berming; 11) location of trash receptacle; and 12) required improvements for ingress and egress of subject property. In addition to the neighborhood concerns, the Advisory Planning Commission recommended denial based on its conclusions that the proposed use is not compatible with the adjacent residential use; that the proposed development is too intense without a "concrete proposal" for the remaining Outlot A; that the proposed use is not consistent with the conclusions of the Commercial Land Use Study; and that it is the Commissions role to consider long -term planning. It was indicated at that meeting that the proposed use may be a good idea for the City but, perhaps is proposed in the wrong Ideation. At the March 21, 1995 City Council meeting, Fortune Realty requested the item be continued in order to more adequately address the issues by which the Advisory Planning Commission recommended denial. Safari at Eagan 3rd Addition Page 2 PROPOSAL Fortune Realty has modified the original plans (Exhibit A) by proposing the following uses: Lot Use Location Read Parking Parking Provided Lot 1 Class I restaurant abutting Cliff Rd. 100 103 ( +3) 300 seat, 7,000 s.f. Lot 2 Dinner /theater west of Thomas 140 151 ( +11) 420 seat, 12,100 s.f Lake Road. adjacent to west neighborhood Lot 3 Office Buildina abutting north 104 104 2- story, 19,500 s.f. & west residential neighbors Total 36,000 s.f. 344 358 ( +14) The proposal now includes a potential medical office building to the north abutting the residents to the north and only one proposed Class I restaurant, in addition to the Cinema Grill restaurant/theater (Exhibit B). All of the uses meet the required onsite parking, however the developer is proposing to incorporate the use of crosi parking easements, including the existing health club. On street parking has been occurring on Thomas Center Drive as a result of the health club proprietor requiring his employees to park on the street. Fortune Realty has proposed cross parking with the health club in an effort to eliminate this identified concern of the neighbors. Additionally, the City is currently in the process of identifying and analyzing on street parking in all areas of the City, including this particular location. The results of that study are forthcoming. Fundamentally, the layout of the 7.7 acre site has remained the same (i.e. the proposed ingress /egress points on Thomas Center Drive, the basic building locations, and the use of parking along the western portion of the property). The major difference with this plan versus the original plan submitted is that the total remaining number of, and specific uses, have been identified. The introduction of an office building on the north portion of Outlot A is new. The office building is located at the minimum 50' setback from the north property line. The Cinema Grill has been located in the center of the three proposed uses and a restaurant is proposed for the southernmost lot. The developer had implied earlier that three uses would be developed on Outlot A. The plan also shows the .82 acre easement area needed for the pond and the future turn lane location for Thomas Center Drive. Safari at Eagan 3rd Addition Page 3 A report prepared by the developer (Exhibit C) as a follow -up to the approximate twelve concerns and issues raised at the Advisory Planning Commission meeting (outlined in the . Background section). The developer, Byron Watschke, also requested that his letter dated April 3, 1995 be included in the staff report (Exhibit D). OPTIONS The basic issues before the Commission and Council are; (1) are the proposed uses appropriate for the site and its location in the community? and; (2) is the specific arrangement of the uses appropriate for the site? ANALYSIS As previously outlined in the February 23, 1995 staff report a reduction not only in the intensity of the uses themselves, but the number of uses might be the way to be more consistent with the development of a Neighborhood Commercial district (as outlined in the Commercial Land Use Study - Interim Report Working Policies). When recommending denial of the proposed Preliminary P.D. the Advisory Planning Commission expressed its concern with the use of a theater /restaurant in this particular area as too intense for the Neighborhood Commercial District. As the plans indicate, the developer is still interested in developing a movie theater /restaurant as one of the three uses for the remaining 7.7 acres. The intensity of development has only been diminished by the suggested use of an office, and not in the reduction of buildings and uses. A reduction in the amount of individual buildings on site would have allowed for more flexibility in design. For instance, what has now been proposed as the office building could have been shifted south away from the affected neighbors hopefully reducing their impact, and providing more green space on site. The current proposal does not accomplish this. The developer believes he has responded to the residential neighborhood's request of developing the north portion of the property as an office use, perhaps a medical office building. The specific architectural design and the height of the building are not known at.this time but would be required for Final Planned Development approval. SUMMARY AND CONCLUSIONS The land uses are basically the same as the first plan, with the exception of the office ' building. The uses of the Cinema Grill and the Class I restaurant have not changed. The actual layout of the buildings have not been significantly modified in any way other than to show the use changes. As far as any modification to the building layouts, only slight reductions in size and seating have been changed. Only minimum standards have been met with the proposal. Safari at Eagan 3rd Addition Page4 As for the issue of reduction in intensity, the proposal still incorporates three separate uses. The current zoning of the property is PD - CSC although the Planned Development has expired. No action has been taken by the City Council to formally terminate the Planned Development. If it determined that the proposed uses and the site arrangement are acceptable, approval of a new preliminary planned development would be appropriate. If not acceptable, consideration should be given to terminating the old Blackhawk Park Planned Development, which has expired, and giving the remaining vacant land a straight zoning classification. ACTIONS TO BE CONSIDERED The actions for Commission consideration are: a.) to recommend approval /denial of the proposed Preliminary Planned Development consisting of a 7,000 s.f., 300 seat, Class 1 restaurant for Lot 1, Block 1; a 12,100 s.f.,420 seat, dinner /theater for Lot 2, and a 19,500 s.f., two story, office building for Lot 3; and b.) to recommend approval /denial of the requested Preliminary Subdivision of three lots for Safari at Eagan Third Addition. Approval of the Preliminary Planned Development shall be subject to the following conditions: 1.) The Preliminary P.D. shall consist of the following: a 7,000 s.f., 300 seat, Class I restaurant for Lot 1, Block 1; a 12,100 s.f.,420 seat, dinner /theater for Lot 2, and a 19,500 s.f., two story, office building proposed to be located on the current Outlot A, Safari at Eagan 2nd Addition. 2.) The term of the Planned Development shall be 5 years. 3.) The future development of each Lot as specified in the Preliminary .Planned Development shall be required to submit and be approved for the following plans: * Final Site Plan * Final Building Elevation Plan * Final Signage Plan * Final Landscape Plan * Final Lighting Plan * Final Pedestrian Plan 4) The development of these plans shall have specific conditions related to each of the specific plans and those conditions need to be met prior to any continued development within the Planned Development. Approval of the Preliminary Subdivision shall be subject to the following conditions: 1.) The subdivision shall be reviewed for compliance with City Ordinances and the developer will be required to submit the following plans : * Final Plat * Final Grading, Drainage and Erosion Control Plan * Final Utility Plan O_Ss EmlIBIT A EX1-...31T B MON ILMAIS ..... ....... IMO *** A m i m m i g e t n I T E•a=r44=4":.: ..---1•41.11111Alrf int PIM r4vm sax c-) Prjun AT rAeur MD AMMON In. I 4 EXH I BIT C March 31, 1995 PLANNING REPORT For: Advisory Planning Commission, Eagan, MN By: Carl R. Dale, Planning Consultant for Fortune Realty Subject: Proposed Plan for Final Development- Safari -at- Eagan, 3rd Addition. This Report is a follow -up to prior communications, a response to City Staff Report dated 2/23/95, action by the Advisory Planning Commission (2/28/95), and some suggestions for discussion at the APC meeting scheduled for April 25, 1995. A. Response to Planning Commission and Neighborhood Concerns 1. Negative Reaction to Health Club as Built. To a large degree, some of the concerns seem quite valid; in particular, the . parking lot lights are inappropriate (foot candle light intrusion and visible bulbs). for location near a residential area and, in fact, are not in conformity to final plans sub- mitted in the process of final Plat Approval. Other expressed concerns have to do with parking, parking IOC grades, traffic and parking on Thomas Center Drive, berm • height and planting, and changes in storm water ponding (smaller sedimentation pond). None of the concerns expressed have been caused by the current Dinner Theater Applicant; development plan changes,that are the primary source of con- cern were made after sale of the site (and all Plan conformity obligations) to the current Health Club owner. Some of the concerns can be alleviated by: a) Establish a parking ban on Thomas Center Drive (the public purpose of streets is to carry traffic- not park cars). b) Require parking lot lighting modifications for conformity to acceptable environmental standards. (Some lights at the Thomas Lake Shopping Center should also be modified) c) As part of the current Application (Dinner Theater), direct plan emphasis to berm beautification (portion west of Health Club) on residential side and sound abatement on commercial side. 2. Proposed Dinner Theater a) Light Intrusion and Height of Light Poles. Assurances have been given that lighting can and will be planned, installer. and operated to eliminate any reasonable objection from adjacent and nearby homes. In addition to various legal requirements, the Applicant has agreed to citizen partici- pation in developing final lighting plans and inspection during construction. b) Failure to Lower Pipeline. The pipeline is not being lowere_ for the following reasons: 1) Extraordinary costs .involved. 2) Lack of excess soil deposit sites (dui: primarily to l �� governmental restrictions on filling of low areas). 3) Much better parking lot grades can be established with adequate grades on approach drives via "terracing ". 4) Eliminates need for very large retaining walls along the north and west property lines. 5) Quite adequate buffer /screening areas can still be provides 6) Actually, a more interesting and visually pleasing develop- ment can be accomplished. c) Traffic Congestion. A traffic study has been done and we agree with all of the conclusions and recommendations. My comments are: 1) A traffic signal will be required at Thomas Lake and'Clif_f Roads regardless of any demands created by further develop- ment in this PUD area. Once installed, north /south traffic on Thomas Lake Road will not utilize Thomas Center Drive to take advantage of the existing traffic signal. 2) Added traffic and parking needs are now being generated by Health Club members comming from Woodbury on a temporary basis pending completion of a new Club in that Community. 3) Residential streets are not adversly affected. 4) Removal of parking on Thomas Center Drive will provide for more than adequate traffic flow. 5) An added turning lane on Thomas Center Drive at Cliff Road is probably a good idea in any event. 6) The traffic study does not indicate any incorrectable level of "congestion" that is not acceptable to sound public pol_ d) Food Odors. The Applicant has agreed to install adequate fan vent filters to eliminate this as an issue (it is noted that most restaurants do not install odor filters simply because they usually are not required to do so ; I am informed, howe•:= that this situation is rapidly changing due to environmental concerns.) e) Mixture of Family (with children) Dinner Theater with Alcohol (beer and wine). This is not an unusual: situation (even when "hard liquor" is served) in Eagan nor throughout Minnesota and has not been for many years. It is not clear why such an objection could be made to the specific use proposed and not to the hundreds of existing restaurants in the Metropolitan Area. In any event, there have been no "problems" at'the existing operation in New Hope, Minnesota. f) Increase in Crime. This problem simply does not exist as can be proven by contacting the Police Department and other publi,: officials in New Hope (location of similar use). Crime proble- noted at another "second run"' Theater have been investigated and found to be of external causes and forces not even remote: associated with the currently proposed Dinner Theater use. g) Increase in Late -Hour Noise. 1) The berm and west line planning is designed to minimize any potential noise from the usually diminished number of parr: -9- leaving near midnight on any evening. 2) The pipeline not being lowered does not diminish the ability to protect nearby homes from unreasonable sound or sight, intrusion. 3) A new plan has been developed (see attached) to move both the Theater building and its parking further south leavin_ room for construction of an office building (or other non - late hour use) and its associated parking along the north property line. The only real noise (and view) concern remains that for the 4 -plex dwelling unit on Hickory Drive whose upper flo: windows currently overlook the entire project area (part_= due to the fact that this area is devoid of significant vegetation common elsewhere on a "strip Outlot along the west property line). This problem can be removed by a small berm up at this location and perhaps along the entire west line as dis- cussed with City Staff-during a field survey. Even without berming up, the parking lot paving will still be approxi- mately six (6) feet below window view line -of -sight which is further blocked by a six (6) ft. fence above the wind.; h) Incompatibility with Surrounding Uses. In terms of land use and zoning, incompatible uses are those that cannot reasonably co -exist together or in close proximity withou: conflict injurious to the public health, safety, morals (sometimes applicable), or general welfare. Land uses tha: cannot "get along well" together or exist in "harmony" are usually determined by a measureable set of "performance" standards involving environmental damage, human health an:: safety, access to solar energy, Impairment of property values, obnoxious or harmful odors, glare from lights, smoke and fumes, excessive traffic, and the like. It is always difficult but not always impossible to place homes near commercial without some "perceived" or actual objection. In our opinion, extraordinary efforts have been taken to protect nearby homes from "actual and measureabl= threats to compatibility or "harmony ". In the case of the Health Club, an actual and measureable "conflict" does exist (parking lot lights shining onto nearby homes but still correctable). The fact that a po=tion of the Health Club can be "viewed" from some nearby homes raises a question as to if similar objections would be made if it was an "office" building. Our plans are to completely block the itiew of the Theater. parking, and parking lot lights in addition to noise contr_ i) Unsightly Berming. It is agreed that the "appearance" of the berm on the residential side can and will be improved. without a berm, however, residential uses would be expose_ to noise and a view of "commercial" buildings and parking regardless of the specific use. -3- 01 j) Location of Trash. The City has quite adequate powers to assure against.any "problem" (including type, rodent control, location,"etc.) regardless of land use. k) Road Improvements. The traffic study indicates that such improvements will eventually be needed even if a dinner theater is not approved. 1) Need for Total Site Plan. The current Plan proposal sub- mitted herewith indicates a specific use for all of the land from north to south: lot No. 3. - Space for "office" and associated parking or other non -late hour operations use. Lot No. 2 - Dinner Theater. Lot No. 1 - Restaurant. Storm Water Ponding Area.(Easement) As originally proposed, there will be common useage of - parking and private drives throughout the entire (includin; Health Club) project area via easement, contract (City and all private parties), and PD conditions which have a force in Law. Examination of operating hours and the various parking needs would seem to eliminate all problems associated with peak hour parking.needs. Another solution (see enclosed) was considered that involved moving the Dinner Theater south and allocating land for more Health Club parking; that solution has been rejected since the Health Club owner is of the opinion that parking is "adequate" and meets "legal" requirements; any additional parking should be met by "shared" parking with adjacent uses. It is our belief that this view can be accommodated by our most recent (this report) Plan proposal. m) Proximity to Schools. We are at a loss to understand the specific nature of this objection. B. Response to City Staff Report 1. We suggest that a "PD" approach is still valid, allows flexibility for Plan *features such as shared parking and drives, and gives maximum City controls over conditions of development and long -term useage /property maintenance standards. 2. We question the complete feasibility of "Neighborhood Commercial Nodes" especially as may be• applied to this existing and partially developed commercial area for various reasons including but not limited to the following: a) We are not aware of many (if any) commercial uses that can survive today by relying on a one mile service area radius. "Neighborhood" shopping centers in a single building have -4- 1 LO fallen on "hard times" as evidenced even by the existing Thomas Lake Center with a low parking demand and various uses clearly extending goods and services beyond a ne mile service radius. b) We believe that the "Health" Club should not be classified as an "entertainment" use. c) This "Neighborhood" Plan is located near minor arterials and community collectors (streets). d) The very nature of land economics today dictates that certain uses serve both a neighborhood and community wide need and cannot always afford or even desire to locate in large community centers, "Downtowns ", or other such "centralized" and often congested areas. Some centralized community centers place various "conditions" on prospectiv tennants that cannot be met and thus can deprive certain trade areas of needed goods and services. e) Theaters and restaurants have traditionally been widely, recognized as a "neighborhood" service need and are, in fa now moving back to "neighborhood" locations once abandoned not too many years ago. f) It is agreed that final Plan details should give due consideration to safe and convenient pedestrian movements between the various uses. g) It is agreed that added attention be given to certain details of the Landscape Plan. Some Added Notes 1. Based on recent discussions with the Theater Franchise, the seating capacity is . reduced from 452 to 420 seats, 2. The success or "popularity" of the Dinner Theater does not affect total need for parking since seating capacity is limited for long periods of time unlike a restaurant alone that can tolerate long lines of customers waiting for table service. 3. As with the Theater, the lot space needs for the storm water ponding area can be quantified leaving the permitted size of a restaurant an-d "office" building dictated by City requirements for parking, landscaping, and the like. 4. It is suggested that this latest Plan proposal offers an opportun: to final plat the entire area and still leave City control over specifics including a future restaurant and "office" use. 5. The Theater building design has been changed to eliminate any exterior lighting or graphics on the west elevation and the north elevation is to remain "blank "; any lighting and /or graphic shall be located on the south and east elevations and only as may be approved by the City. -5- 6. A berm /fence combination has been added to protect (in particula. a) 4 -plex at end of Hickory Lane. b) Three 1- family homes at higher elevations to the south near Cliff Road; these homes have the added protection of the woody Outlot between them and the proposed restaurant parking lot. 7. We are prepared to work closely with adjacent home owners to beautify any portion of the berms in their direct line of sight; in particular, it may be desirable to lower somewhat the berm height at the northwest corner property line, since when finishe.-2 the six foot fence will extend well above the residential buildin roof line. 8. We have no answer to the potential problem of loud car radios or speeding cars in the parking lots except to note that this potent will exist for any type of commercial use. 9. Our analysis of the proposed uses would indicate: a) Nearly all cars parked for the Theater "late show" would be parked at the lower elevations well away from the north and west property lines. b) There would be adequate parking for all uses (including the Health Club) at all times and be no need to permit curb parkin on Thomas Center Drive. 10. With a virtual "wall" of landscaped protection between resider:!_ and non - residential uses, there should be no loss in residential property values. If, however, homes had a direct view of parkin lots and commercial buildings of any type, potential home buyer might be more limited. 11. We question the public policy of needing to know the "specific" owner /operator /occupant of a proposed restaurant and office building for several reasons including but not limited to: a) The practical functioning of land /development economics severely limits the potential for having a total of three uses ready for public approval at any one time. b) Knowing the specific operator /occupant of the Health Club did not, of itself, assure completely satisfactory results. c) Under a PD, a better course of action would-seem to be that of applying public conditions to the land which would remain in force regardless of any change in future ownership /occupan. 12. The City Attorney at the 2/•28/95 APC meeting stated that "con- tractual rights under the PD still exist" (City Council has not issued a cancellation or termination of the PD). It is our understanding that a PD cancellation or termination may be considered only if the PD has not been "substantially completed (developed) "; it seems obvious that the PD has, in fa:_ been substantially completed. -6- 26' r EXISTING :;:k" RETAINING WA 4 -FLEX AT END OF HICKORY LANE THREE 1- FAMILY HOMES SOUTH OF HICKORY LANE WOODGATE OUTLOT "B" WOODGATE OUTLOT "1)" LINE OF SIGHT '1, BERN FENCE 20' LINE OF SIGH• _ THEATER THEATEI 30' \ 20'_� PROPOSED LINE OF SIGHT 1- FAMILY HOMES NEAR CLIFF ROAD SITE SECTIONS EXISTING LINE OF SIGHT-) RESTAURANT a TOP OF FENCE AT 982 ft. folk PARKIN(; I.OT PAVEMENT 13 ft. BELOW TOP OF FENCI: TOHNNOME AT NORTHWEST CORNER EERH'AS CONSTRUCTED (Landscaping and Fence Not Yet Installed) HEALTH CLUB ,TOWNIIONFS NEAR HEALTH CLUB SITC SECl1 US 1 SAFARI 4? FAGAN _ I PE3-4.52. 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T I1 M A / VJ 1 . 1 1 ! 1 Au i „yMI•L_ _IJ. Q 1 t-- —?: r7mrr aer •. 4% i ' 1 -� '_� -'{ 1 ur: { _ L I 1 J. 1 1;f 1 u N i_ 0 rl 1 'x- _ 1 'rL -J 144 / __) Lc-; : . 1 J -4-_ --)-- /,'7: -2,1 _ 441r/ L.. , 3s ___L___);: / • -_ ,L L i. AItEI 111 11 A v v V. AN n�IN1 7 =All C. r ' CA O w!i Y CZ 11riff rAr UV 2. t ::A 1. %** amml4MR.rnIMELM.P"rAft" wr �,.w- il+�ilfi!` RECEIVED APR 1 2 1001) REVISED WRILI is=� 7�a�1A1er PLAT GW1 311.7C 1'CMM AT 1011411 M7 11013101 $ • - , MSS IIIIMI.11111. IN 1 II III III III III mso: nlmo• - -- nmo: a ECM o °_.. MEMO 74. w. • MIUMMIIAIIt\AIIDw ► t PtA$l MA AK Xln Is%µ AT CAW i11D ADOIIIOE I+' t 1 • . /( -i1 3, 1995 rgy R ichert =unity Development Director :y of Eagan )5 Pilot Knob Road . Tan, Minnesota 55121 : Safari at Eagan. Cinema Grill ar Peggy: EXH I BIT D an the City Council continued our hearing on the Development the Safari at Eagan property, Council meeting of March 21, 1995, immediately contacted the Homeowners of the abutting property the North requesting a second meeting to review our proposed anges in the PD. Gary Krueger, the spokesman for Thomas Lake me owners said the residents would not meet with us and view the proposed changes we would offer at the Planning mmission meeting on April 25, 1995. Carl Dale and I finally t - -'th Mr. Krueger only on Wednesday, March 29, 1995. informed him that we had shifted the Theatre further South the middle lot and proposed a Office Building- Medical Center . the North Lot next to their Townhomes as a buffer. We also .wised him we cut back to only (1) Restaurant (Class 1) on the )uth lot along Cliff Road. :r1 an I also addressed all of the neighbors concerns as expressed the Planning Commission at their February 28, 1995 and noted in ie Minutes. In my opinion and with Carl Dales expertise, we have _nimized their concerns regarding, Parking Lights, Property Elevations, :affic Flow, Noise, Food Odors and Parking for the- Health Club. 1 fact, we have proposed Cross Parking for all uses which should Liminate all parking problems in the area. These concerns will be dressed in detail in Carl Dale's report. astly, I am always amazed how a neighbor (Gary Krueger) moving zto Thomas Lake only a year and a half ago can complain about ,ir Development, properly zoned over 15 years ago under a PD iving the City the ability to monitor the development on a ontinuing basis,stating bluntly " We don't want your development ext to us ". Do Commercial Property owners have any rights? I pink they do. leaGe include this letter in the Staff report to the Planning on ssion and the City Council for our scheduled hearings n App '1. •-• J. Byron Watschke C9NCI incere President ortune- Really, Inc. General Partner, Eagan 30.7C JTAGON PARK_1OWER • 4940 VIKING DRIVE • MINNEAPOLIS, MINNESOTA 55435 • (612) 835-3363 2/ czw; eauon as w me proaesa, auu ‘.nty Hour my *al itauul, v+y.+wau tau YIOL 14 W 1OIINI I es I Iva IV VII *A., 1q.YVV YIa assessment, and k is up to him whether he wants to accept it or continue to contest k. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Hunter moved, Masin seconded a motion to dose the public hearing and adopt the resolution adopting reassessment for Remo C. and Karen R. Capons for parcel 10-02700-012.01. Aye: 5 Nay: 0 Hunter moved, Masin seconded a motion to revise the final assessment roll for Project 807 as k pertains to parcel 10-02500-050 -26 and authorize its certification to Dakota County. Aye: 5 Nay. 0 1.01 PARK ACOUISITION/BORCHERT INGERSOLL TAX FORFEITURE After introductions by Mayor Egan and Administrator Hedges, Councdmember Wachter asked whether there will be access from Yankee Doodle Road. Parks and Recreation Director Vraa explained that the southern portion of the park will have assess off of Yankee Doodle Road. The access to the northern portion of the park wW be off of a public road right- of-way that currently odsts. Hunter moved, Wachter seconded a motion to approve the findings of the Advisory Parks, Recreation & Natural Resources Commission retattve to the proposed land swap between the City of Eagan and Gopher Smelting to further the parldand development Aye: 5 Nay. 0 .,„'iil„v Sir± SAFARI AT EAGAN 3R0 ADDITION /J. BYRON WATSCHKE PRELIMINARY SUBDIVISION/FINAL PLANNED DEVELOPMENT/ PREUMINARY PLANNED DEVELOPMENT /CONDITIONAL USE PERMIT Mayor Egan noted this kem has been withdrawn. Community Development Director Reichert noted the developer will develop a revised plan, have a neighborhood meeting and bring k back to the Planning Commission. Discussion followed concerning the nature of the request and the 120 day time requlrertrent Carl Dale, representing the developer, Indicated a willingness to waive the 120 day time requirement EAGAN OTY COUNCIL MINUTES; MARCH '21, 1055 PAGE 5 Hunter moved, Awada seconded a motion to accept the waiver of the 120 day time requirement, and refer this to the Planning Commission for further review. Aye: 5 Nay. 0 Gary Krueger, representing Thomas Lake Townhomes, expressed his concerns about traffic congestion, lack of adequate parking, grading of the site, and noise and Tight Intrusion. They would like this planned development to be terminated and formulate a new one that would better serve the community. Coundlmember Wachter suggested the health dub be contacted and suggest they acquire more property for parking and have the Police Department check for parking violations. Discussion following on lighting and parking in the area. Community Development Director Reichert noted that the Cky doesn't have any type of financial guarantee for on -site improvements put on private property. She Indicated this will be a policy Issue for the Council to deal with over the nod few years. MALLARD PARK/EHW PROPERTIES COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING /PRELIMINARY SUBDIVISION Mayor Egan introduced this kem as a comprehensive guide plan amendment, Mallard Park 4th Addition/EHW Properties, from D-III and RB to D-1; rezoning from R4 and RB to R -1; and preliminary subdivision for 63 lots and 2 outlots, located south of Dtffley and west of Johnny CI Ridge Road. Community Development Director Reichert gave a staff report on this project. Mike Gair, representing EHW Properties, noted that only 31 acres are being posed for rezoning. He noted they laid out the property according to the slopes, woodlands, and wetlands to make k mre ...ills to this Lau a ti a land Na Mtarl that at tF,o Planninn i!.n.r.rnloettnn .wwwA1ww Y uww -._1 w—. Page 15 February 28, 1995 ADVISORY PLANNING COMMISSION f1SS1ON SAFARI AT EAGAN 3RD ADDITION - J. BYRON WATSCHKE PLANNED DEVELOPMENT AMENDMENT, PRELIMINARY SUBDIVISION AND A CONDITIONAL USE PERMIT Chairperson Miller 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 Outlot on 7.7 acres, and a Conditional Use Permit to allow beer and wine located on th west side of Thomas Center Drive in the SW; of Section 28. City Project Planner Shannon Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staff's planning report dated February 23, 1995. Ms. Tyree not d 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. Ms. Tyree further noted the landscape, signage, grading, storm drainage /water quality, utilities, and access /streets /traffic design plan. Ms. Tyree further noted that a neighborhood informational m ting was held January 26, 1995, and approximately one dozen surrounding neighbors attended. Ms. Tyree stated 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. Tyree furth r stated that the neighboring . residents expressed complaints r garding the adjacent health club development. Chairperson Miller suggested to the applicant that becaus th PD expired in 1977, the applicant table this proposal and d velop a site plan all of the remaining undeveloped portion of th plan development area rather than present the development in pi ce meal fashion - -one use at a time. Members Segal and Heyl agreed with Miller. Heyl added that a site plan that depicts th pr posed development of the entire tract would be more helpful to the neighbors. Member Isberg concurred. Member Miller added that th 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. Mr. Watschke advised the Commission of the history of the property, the history of the d veloper, and the previous proposals for the subject property. Mr. Watschke noted that when the health club was proposed, the applicant advis d th APC that a first -run movi theater and a restaurant wer propos d. Mr. Watschk stat d that the pr sent Page 16 February 28, 1 995 ADVISORY PLANNING COMMISSION proposal is a significant downgrade with respect to the site of th 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 advis d that the Williams pipeline was not lowered as proposed with th h alth club proposal, but instead the excess dirt from the health club development was put over the Williams pipeline. Mr. Watschke n ted that instead, the health club elevation was lowered. Carl Dale stated thaf 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 th xtreme 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 home but showing a view toward the h alth 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 feet difference between the health club and the propos d th ater /restaurant height. Brian Minette, president and operator of Cinema and Draft House in New Hope and the operator of the proposed Cinema Grill, 'presented a videotape of the proposed use. Gary Krueger of 4532 South Mallard Trail, spoke on behalf f the townhome association. Mr. Krueger stated that the townhom ✓ sidents have the following concerns with respect to the pr posed uses: (1) light intrusion and /or visibility of light poles; (2) failure of a developer to lower Williams pipeline as promised with the previous development; (3) elevation of property is higher than originally planned; (4) traffic congestion; (5) lat -night noise and /or crime as a result of the existence of a sec nd -run movie theater and the sale of beer and wine; and (6) fo d odors. Specifically, Mr. Krueger stated that the residents' concerns with traffic congestion is supported by the fact that th health club parking lot is full or has overflow on the w ekends 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 f the increased traffic on the pr p s d sit . Mr. Krueger furth r stat d that the r staurant and �a3 Page 17 February 28, 1995 ADVISORY PLANNING COMMISSION theater proposal was tabled when the health club proposal was pr sented 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. Bob Knutson of 1629 Walden Lane stated he is appearing n behalf of his townhome association and the members of his association have expressed the same concerns as Mr. Krueger. A resident of 4542 South Mallard Lane stated she opposes th proposed project for the following reasons: (1) the propos d 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 increas d crime at the Apple Valley second -run theater. Chairperson Miller outlined the concerns expressed by the n ighborhood 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 berming; (11) location of trash receptacle; and (12) required improvements for ingress and egress of subject property. Member Heyl opined that some of the foregoing issues may b 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, emphasizing that the proposed use is not compatible with the adjacent residential use. Member Isberg stated that he wants to see a concrete proposal for the entire area, not merely a tentative second us . Ms. Tyree advised the Commission that the traffic study did not assume two restaurant uses for the subject property. Isberg ontinu d and stat d that the proposed use is too int ns for th surrounding us s and without a concr t proposal for the entir Page 18 February 28, 1995 ADVISORY PLANNING COMMISSION sit , he would recommend denial of the proposal, in addition to th se reasons outlined by Chairperson Miller. Member Segal stated that the proposed use is not consistent with the conclusions of the commercial land use study and that th proposed use is troublesome for the reasons stated by the residents. Segal further stated that he therefore must recommend d nial of the proposed use. Member Wallace concurred, adding that he opposed a theater use when the health club proposal was submitted to the Commission. Member Burdorf stated that the Commission members' role is to consider long -term planning. Th Commission must also consider that there are two elementary echo is in the area. Burdorf stated that in consideration of 1 ng -term planning, the proposed use is not compatible with th residential area. Burdorf also stated that the proposed use is a good idea for the City of Eagan, but it is perhaps proposed for th wrong location. Member Heyl moved, Isberg seconded, a motion to recommend d vial 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 cit d for the Planned Development Amendment. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 23, 1995 CASE: 28- PP- 43 -12 -94 APPLICANT: Byron Watschke HEARING DATE: Feb. 28, 1995 PROPERTY OWNER Fortune Realty PREPARED BY: Shannon Tyree REQUEST: Planned Development Amendment, p1elirnina y 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 REOUEST Fortune Realty is requesting a Preliminary Subdivision of one lot (3.18 acres) and one outlot (4.52 acres) on a total of 7.7 acres; a Planned Development Amendment amending the Blackhawk Park Planned Development for the use of a theater /restaurant; and a Conditional Use Permit to allow the sale of beer ' and wine, 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 Councl. 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. 1 n p]a ing 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). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. Planned Development: Chapter 1120, Subd. 8, B., Determination. states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." �a� Planning Report - Safari at Eagan 3rd Addition February 28, 1995 Page 3 Conditional Use Permit Required Standards: The Planning Commission shall recommend a Conditional Use Permit and the Council shall issue such Conditional Use Permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City-Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 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. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. BACKGROUND/HISTORY 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 Blackhawk 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 s.f. 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.f. health club, a 1,500 seat second run movie theater, and a 7,500 s.f. 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 jai Planning Report - Safari at Eagan 3rd Addition February 28, 1995 Page 5 development policy. The City Council approved the final planned development for the proposed health 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 Commercial. 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 is 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. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - South - East - West • Thomas Lake Woods; zoned R -3; guided D -1. Thomas Lake Shopping Center, and Cliff Road; zoned Planned Development guided CSC. Lifetime Fitness Health Club; zoned Planned Development; guided CSC. Woodgate Addition; zoned Plann d Development R -1 and R -3; guided D -IL Planning Report - Safari at Eagan 3rd Addition February 28, 1995 Page 6 EVALUATION OF REOUEST 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. Tbis 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 free 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.£ r estaurant 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 renaming 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. f3f Planning Report - Safari at Eagan 3rd Addition February 28, 1995 Page 7 Several things could be accomplished by lessening the intensity of the rem in;ng 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 north; 4) reducing the intensity would lessen the traffic on Thomas Center Drive, and correspondingly the interior circulation of the parking lot by reducing the number of same "peak 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.£ 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 with Surrounding Area - 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 oamnting, 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. i Planning Report - Safari at Eagan 3rd Addition February 28, 1995 Page 8 When the health club proposal was reviewed in 1993, the developer indicated 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 *nini*nt re 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. Setbacks - As proposed the development meets all setback requirements. Buildh g 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. Trasb/Recycling Enclosure - 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. landscape Plan - The landscape plan indicates a mixture of white pine, amur maples, sumac and Northwood along the berm and perimeter. The plan shows decorative snow crabs located along the building 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. Planning 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 Chi's landscape ordinance. Signage - 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 Circulation - 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. lighting Plan - 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. Grading - The preliminary grading plan submitted with this application shows that approximately 45 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. l3� 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 (:)2 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 Drainage - 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 heads 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 preBm n grading plan to show how Pond BP- ' 39 will be upgraded to provide a pond storage volume of 53 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 Watermmin - Watermain service of sufficient size, pressure and capacity is readily available in Thomas Center Drive and Hickory Lane. The prelimitmry utility plan shows looping a line from 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 /Cirsplation - 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 site 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 existing 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. Sidewalks/Trails - 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- or- 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 Page 12 B. PRELIMINARY SUBDIVISION: j - 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 and 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 wl l likely request two more restaurants in the future. Such incremental pl g 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 Use 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." Planning 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 completely not consistent with the conclusions of the study. The proposed development will be more intensive than a Neighborhood Center. Reducing the number of uses (e.g. 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 CONSIDtED; Planned Development Amendment To recommend approval /denial of a Final Planned Development to allow a 452 seat theater /restaurant for Lot 1 and one Preliminary Planned Development for a restaurant on Outlot A. Approval subject to the conditions listed below: Preliminary Planned Development Amendment 1111.1 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 changes in intensity and development of Lot 1 and Outlot A. 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). 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). Planning Report - Safari at Eagan 3rd Addition February 28, 1995 Page 14 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. Outlot A 1. The site plans, grading plans, landscaping 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) Preliminary Subdivision: To recommend approval /denial of the Safari at Eagan 3rd Preliminary Subdivision consisting of one lot (3.18 acres) and one outlot (4.52 acres) subject to the conditions listed below. Subdivision Standard Conditions .y 1. The developer shall comply with these standard conditions of plat approval as 'adopted by Council on February 3, 1993: • • Al, B3, B2 ,B3,B4, Cl, C2,C4,D1, El, G1, and Hl. • iadin 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 53 acre feet for Pond BP-39. Utilities 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. /7 Planning Report - Safari at Eagan 3rd Addition February 28, 1995 Page 15 Access/Easements 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. • olD February 21, 1995 Ms. Shannon Tyree City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1897 Dear Shannon: 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612 490 -2000 800 325.2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION RE: Eagan, MN Cinema 'n Drafthouse Thomas Lake Center SEH No. A- EAGAN9503.00 As requested by the City of Eagan Community Development Department, we have reviewed the proposed site plan for the Cinema 'n 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 commercial 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 existing dinner theater in New Hope. The start times of the movies are as shown below. Matinees: 12:00 p.m., 2:00 p.m., 4:00 p.m. (Saturday and Sunday only) Evening Shows: 7:00 p.m., 930 p.m. (All nights) During the hour or so before the 12:00 noon movie and the 7:00 pin. movie, it is anticipated that SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN CHIPPEWA FALLS, WI MADISON, WI Shannon 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 shown 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 generation 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 seats 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 very 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 tips 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 12:00 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 inquired about the possibility of other land uses on the site, such as office or medical office. Since the site is 3.18 acres, an office building of approximately 30,000 square feet 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 hour 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, this intersection will continue to operate a LOS C, assuming no background traffic growth on Cliff Road. A study of historical and anticipated traffic growth on Cliff Road would need to be conducted to determine 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 turn. 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 of approximately 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 unsignalized 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 full 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 -Diffley 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 intersection. 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�� 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 Lake Road will most likely cut through the health club 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 p.m. Discouraging the use of this parking area by presenting cut through traffic could result in more on -street parking by health club 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 dub 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 club 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 approximately 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 "Y" intersection is proposed at the crest of these eight percent grades. This could result in some on -site traffic operations problems, unless 1) a three -way stop condition is installed, or 2) the intersection configuration is changed to form a 'T' intersection, where only one leg of the intersection needs to stop. Parking Demand Given the site plan as currently shown, the future restaurant adjacent to the dinner theater is likely to experience overflow parking from the dinner theater. 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. Shannon 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 2:00 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 (approximately 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 and 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 Shannon Tyree February 21,1995 Page 7 they must access the station via the drive aisle along the riorth 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 seating 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 close 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. C nclusion The improvements suggested to handle the future proposed and assumed development for the area Shannon Tyree February 21, 1995 Page 8 will result in the need for at least one roadway improvement, consisting 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 signalization. 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 dretilation, 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. Sincerely, Shgt Elliott Hendri - • n Inc. Cindy Grag/, AICP Transportation Planner be Attachments 0 E /� / « .4 , I Day of Week � - �_i ..-- - ■ a 1 Table 2 lbomas take Center Commercial Area Potential Future Trip Generation Eagan, Minnesota • A- Eagan9503.00 February 18, 1995 Table 1 Thomas Lake Center Cinema 'n Dralthouse Trip Generation • By Day of Week Ste PPP a ■ E E t■ PPP i ID iM I 11 11:00 a.m. - 1 % of Seals Occupied 1 .iv ■ &I% 14 ? Trips Out 41;§ PPF E E -.NO §g2 - A.M. Peak How Trip Generation Rate In Out NN■■Ea0 ■■■ �B mvP to B° &,■ .Je rips Out 132 $§u, A.M. Peak Hour Trip Volume In Out 287 ■ ■2 Inc:. 33 ■� wsv Tilps out talk P.M. Peak Hour Trip Generation Rate In Out ..,2-...„ 8 =�»$W4 §/k 4itg § iit ' 01V■ -6 ƒ II El_ 1 Itt SS■ �eli. _■$ Eli OaNy Tdp Generation Rate �K & U k # • Sunday and Saturday evening volumes Include the outbound volumes from the 4:00 p.m. matinee /� / « .4 , I Day of Week � - �_i ..-- - of Week Table 1 Thomas Lake Center Cinema 'n Dralthouse Trip Generation • By Day of Week - 88E88N8_g a ■ E E ■$§I» 11:00 a.m. - 1 % of Seals Occupied 1 402§§ .+■$ ■ /\ -�f §B10017%; a§ Trips Out q �a . o■$§■vifii a ■ E 1 ¥$ c § §§§§o a % � L -2 _6 NN■■Ea0 §n§o 0 k rips Out 132 § §§$ § §i 11:OOp•m. -1 % 01 Seats Occupied 1 3:30 - 4:0 % of Seats Occupied 50 WA WA WA WA WA 50 = -_mw�� 33 ■� ;3 ;1 Tilps out = 1 _o ■§ ..,2-...„ 8 =�»$W4 Total Nighttime Trips for Evening Shows* ■4 si cE 1 1 $-1 § k Total Dady Trips for Sat. and Sun. • 4— Sag I/09 4• ge/ot/ct z —J z r DO I/9 Ina -+ r., poou Dom sowoou, c 6/,'o9 k Z V Ft cp JL cni/oz/oe —t oaszier --0 k tocAvoc -4-00syst J J, L. rovvoz 1/06/95 --t DWG VO£ -4 STIZ/00 VGL Ci tJz P) 2 cn UM 004 96-11—Z0 3OS60Y3\313Y90\SNVell \ :s wdfj73 990960Y3 310YeaS PPM FINANCIAL OBLIGATION - Safari at Eagan 3rd There are pay-off balances of special assessments totaling $O on the parcels proposed for platting. The pay -off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount . None $0 Total ,D \ ORA got • I r C:::rilliams Brother Pipeline Easement LjtItrl• I r tor w. Ai—. 706 MORO. , 777: ■ 1 .. . • ......./ . ti ; \ I t* • '1'. .• I/ ; . .., I ;.".. I i 14 1,1., ..t-1( i..!.. il •\- • -.1.1 11 1 t 441-2) . / , %.1-:!... I il __'•i .--' : 7 , :17:2417i ) 1 alit' - . • •• '.. • \• • ••• - 1 .•" ..., 1,,....:,.„.,..,:r.:44: ... F -4t...;.;.. , -;,;• ....., CIN7 MAD - • tr.:6011 fitief .:11. prk1.1. 04Y I I PIUS11,.34 CAMINTIOI4S INGLUDINft tROPOSAL V.S1,01 0'1 • 0 mom • • • • • • kali MOW WII/a ••••••• • • •■•■■ • 1-, NM IMMO ••• .9•••• WM ".• • - -33V1 SVPOLL IMO • •■••• ••••••••.— 1 7••••••111 •• SaLISNI Inouvuln •tetr3 60.1a 4.711233 "mon Jiro • cm 111101 WE A Me ' 1 $.• 1 p.... • — •• rk. . • . . . : ... . ... * :-a4- . 1g. 4 ,i:r" :% - • •. I - • . Ot• !- - - , • • .0 !• . .e . .. . : . . . .-.4. ._, --.7• . er.. .. v-• .s - 4 ,..--2".ekr _ ,.., .: ...--.._ i 115 . . 1 f 1 -- -----, . ..M...., ....•w M. M •••• • M•M•••• M••MM. deft • M I .MI M. N II M.M... pee ob.. .MI IMO •w . •Wi�iti mean mie • standard plate it: • Z _... x tAlb '1! W W • 1 • a j 1 • i 0 — J Y• z . c O a~o Zw,. CV >- Lc z z CD W Agenda Information Memo August 1, 1995 Eagan City Council Meeting e0 LA A. REZONING, PRELIMINARY SUBDIVISION & VARIANCE - TOWN CENTRE 100 16TH ADDITION ACTION TO BE CONSIDERED: 1. To approve or deny a Rezoning of 13 acres from Planned Development to Limited Business on property currently platted as Outlot A, Town Centre 100 3rd Addition located at the southwest intersection of Yankee Doodle Road and Lexington Avenue. 2. To approve or deny a Preliminary Subdivision consisting of one lot and three outlots on 13 acres subject to the 15 conditions recommended by the Advisory Planning Commission for the Alina Health Clinic to be located on Lot 1, Town Centre 100 16th Addition. 3. To approve or deny a Variance to waive 62 of the required 333 on -site parking spaces. FACTS: • Federal Land Company is requesting this Rezoning and Preliminary Subdivision of 13 acres into one lot and three outlots. If approved, a 50,000 square foot Allina Health System Clinic will be located on the six acre parcel at the northeast corner of the site. The remaining three outlots will be developed in the future. No specific uses are proposed. The property will be rezoned to Limited Business to allow office type uses. The property will be removed from the current Eagan Heights Commercial Planned Development with this rezoning to Limited Business. This replacement of the Planned Development with straight zoning is consistent with previous stated desires of the City Council. • The Advisory Planning Commission conducted a public hearing on this proposed Rezoning and Preliminary Subdivision at its meeting of July 25, 1995. The Commission recommends approval of the Rezoning and the Subdivision subject to conditions. The Commission also recommends approval of the parking variance for the Allina Health Clinics. ISSUES: • The only issue that was raised with this proposal concerned the southerly access to Town Centre Drive. This development will provide an internal access to the existing day -care center. As such, staffs concerns have been alleviated. BACKGROUND /ATTACHMENTS: (2) Minutes of Plannin Commission Staff' Report, pages \in7 through athrough ISM SENT BY: 612 432 3780 7 -27 -95 : 9 :18AM :SEVERSON WILCOX SHEL--, 612 681 4300:: 2t 5 Page 8 July 25, 1995 ADVISORY PLANNING COMMISSION EAGAN HEIGHTS COMMERCIAL PARK - PLANNED DEVELOPMENT AMENDMENT & PRELIMINARY SUBDIVISION Chairman Miller opened the next public hearing of the evening regarding a Rezoning of 13 acres from Planned Development to Limited Business, a Preliminary Subdivision (Town Centre 100 Sixteenth Addition) consisting of one lot and three outlots on 13 acres currently platted as Outlot A, Town Centre 100 Third Addition, and a variance to the number of on -site parking spaces located at the southwest intersection of Yankee Doodle Road and Lexington Avenue in the NE' /. of Section 15. Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staffs planning report dated July 11, 1995. Mr. Ridley noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Ridley further outlined the City staffs evaluation of the applicant's request, noting that the proposed access to Town Centre Drive is not acceptable unless the existing Children's World Day Care access to Town Centre Drive is removed. Martin Colon, the applicant, agreed with the conditions of the preliminary subdivision accept with respect to Condition No. 13. Mr. Colon stated that there is no need to require the removal of the Day Care's access to Town Centre Drive due to the very low volume of traffic in and out of the day care. Mr. Colon further stated that it is not the applicant's desire to provide access to Town Centre Drive for the Day Care via the development's interior road. Mr. Colon explained that to provide access would take away the green area between the Day Care and the private interior road. Member Segal inquired as to whether rezoning is necessary when the existing planned development permits the proposed uses. Community Development Director Reichert stated that the applicant currently does not know the future uses on the outlots and therefore the applicant is seeking straight zoning to permit non - retail uses. In response to Member Isberg's inquiry, - Planner Ridley stated that the Code's requirement for the appropriate number of parking stalls for a medical facility may be outdated (14 to 15 years old) and that the applicant used current data from the medical industry in determining its proposed number of' parking stalls. Member Carlson inquired whether it would be possible for the applicant to preserve space for future parking in the event that additional parking is required. Mr. Colon;advised that there will be a green area developed and reserved for additional parking areas if needed in the future. Member Heyl inquired with staff as to the reasons the Day Care access need be removed and where its new access will be located. Assistant City Engineer Mike Foertsch advised there are traffic safety concerns with the close proximity between the Day Care and the developments internal road onto Town Centre Drive. Mr. Foertsch stated that it would be safer for the Day Care to have access to the internal street than onto Town Centre Drive. Member Heyl inquired with the applicant as to why it was not agreeable to (5/. SENT BY : 612 432 3780 7 -27 -95 : 9:18AM :SEVERSON WILCOX SHEL -' 612 681 4300:# 3/ 5 Page 9 July 25, 1995 ADVISORY PLANNING COMMISSION provide the Day Care access. The applicant stated that it does not object to providing the Day Care access by granting it an easement to the internal street but that it objected that a condition of its development depends on the removal of the Day Care access to Town Centre Drive because the applicant has no control over or authority to tell the Day Care to remove its access. Mr. Colon stated that it dots not object to amending Condition No. 13 to provide that the applicant will grant an easement to the Day Care for access, but it objects to requiring the applicant to remove the Day Care's access. In response to Member Heyl's inquiry as to what authority the City has to order there removal, City Attorney Dougherty stated that in order to do so, the City must show a public purpose but that only applies to public uses, not private uses. Mr. Dougherty continued by stating that in order to have authority over the Day Care's location of access, a portion of the internal street may be required to be dedicated as a public right-of-way. The applicant noted that it would not agree to pay for any cost incurred by the Day Care for the removal of its access. Member Heyl moved, Wallace seconded, a motion to recommend approval of a Rezoning of 13 acres from Planned Development to Limited Business located at the southwest intersection of Yankee Doodle Road and Lexington Avenue in the NEK of Section 15. All approved in favor. Member Heyl moved, Wallace seconded, a motion to recommend approval of a Preliminary Subdivision (Town Centre 100 Sixteenth Addition) consisting of one ,lot and three outlots on 13 acres currently platted as Outlot A, Town Centre 100 Third Addition located at the southwest intersection of Yankee Doodle Road and Lexington Avenue in the NE% of Section 15, subject to the following conditions: Standard Conditions 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, C1, C2, C4, DI, El, Fl, 01, and HL Allina Parking 2. The developer shall provide 271 on-site parking spaces on Lot 1. 3. Standard parking stall widths shall be 9 feet. Allina Landscaping 4.. Additional evergreen plantings should be provided along the north and east perimeter of Lot 1. lS9 SENT BY: 612 432 3780 7 -27 -95 : 9:26AM :SEVERSON WILCOX SHEL-' 612 681 4300:# 2/ 2 Page 10 July 25. 1995 ADVISORY PLANNING COMMISSION 5. The developer shall provide detailed landscaping information for the area at the very northeast corner of the site. Grading/Wetlands 6. The developer shall submit detailed grading and erosion control plans for the area adjacent to the medical clinic and parking area prior to the Council taking final action on the subdivision. 7. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. Storm Drainage/Water Quality 8. The drainage plan shall be revised to extend a storm sewer line from the clinic parking lot to the proposed pond. 9. The developer shall satisfy water quality mitigation requirements through a combination of on -site ponding and a supplemental cash dedication. 10. The pond shall be designed to provide partial treatment for the entire subdivision. 11. The supplemental cash dedication shall be pro -rated based on area for the entire subdivision. Park Dedication 12. The developer shall be responsible for a cash trail dedication. 13. The developer is required to provide a driveway connection and access easement to the easterly adjacent day care center. 14. The property shall be platted. 15. At the time of final plat of the outlots, the owner /developer shall be required to comply with all subdivision regulations. All approved in favor. Member Heyl moved, Wallace seconded, a motion to recommend approval of the parking variance to waive 62 of the required 333 on -site parking spaces. All approved in favor. SENT BY: 612 432 3780 7 -27 -95 : 9:19AM :SEVERSON WILCOX SHEL-' 612 681 4300:# 5/ 5 Paget l July 25, 1995 ADVISORY PLANNING COMMISSION Member Segal moved, lsberg seconded, a motion to recommend City Council to direct staff to study off-street parking requirements ordinance with respect to its obsoletness. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 11, 1995 CASE: 15-PP-21-5-95 APPLICANT: Martin Colon HEARING DATE: July 25, 1995 PROPERTY OWNER: Eagan Hts. Com. Park PREPARED BY: Mike Ridley REQUEST: Rezoning, Preliminary Subdivision (Town Centre 100 Sixteenth Addn), and Variance LOCATION: Southwest intersection of Yankee Doodle Road and Lexington Avenue COMPREHENSIVE PLAN: Commercial Planned Development (CPD) ZONING: Planned Development (PD) SUMMARY OF REOUEST Martin Colon, Federal Land Company, is requesting approval of a Rezoning of 13 acres from Planned Development to Limited Business, a Preliminary Subdivision consisting of one lot and three outlots on 13 acres, and a Variance to the number of required on -site parking spaces located on property currently platted as Outlot A, Town Centre 100 Third Addition at the southwest intersection of Yankee Doodle Road and Lexington Avenue in the NE 1/4 of Section 15. 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. 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.- I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY Town Centre 100 Third Addition was platted in 1987 and is located within the Eagan Heights Commercial Park Planned Development which was created in 1982 for a term of ten years. Although the term of the PD has expired, the PD has not been terminated. The PD permits General Business (GB) uses on the subject site. The GB district is designed for heavy uses and businesses that serve other businesses and industry. When the Mann Theater proposal was under review and subsequently the proposed Big Wheel Rossi retail store, the City Council raised concerns with the Eagan Heights Commercial Park Planned Development. The general concern related to the incremental development occurring within the PD and that there isn't a planned phasing or central theme tying the Town Centre 100 additions to one another. Planning Report - Allina Health System July 25, 1995 Page 3 EXISTING CONDITIONS The site grade drops approximately 25' from the southwest corner to the northeast corner. The site is an open grassland that contains no wetlands or significant trees. The property is bounded by Yankee Doodle Road, Town Centre Drive, Lexington Avenue, and O'Leary Lane. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Undeveloped (O'Neil property); zoned PD, and designated CPD. South - New Horizon Day Care/Waterford Apartments; zoned PD and designated CPD. East - Carriage Hill Apartments; zoned R-4 and designated D -IV. West - UndevelopedNalvoline Oil Change; zoned PD and designated CPD EVALUATION OF REOUEST The rezoning and subdivision requests are associated with the proposed development of a 50,000 SF Allina Heath System clinic to be located on approximately 6 acres in the northeast corner of the site. The Allina Health System organization includes Medica (HMO), Abbott- Northwestern & United hospitals, and 50 clinics around the metropolitan area. The developer is proposing to subdivide the remaining 6+ acres of the site into three outlots. Mr. Colon has provided conceptual development plans for each of the outlots: Outlot A - 5,200 SF bank with a drive through facility; Outlot B - 24, 000 SF office building; and Outlot C - 21,000 SF office building. The conceptual development plans provide the City Code required on -site parking; however, all stalls are shown with 9' widths, which is not consistent with City policy. These parking issues will have to be addressed in the future as specific development is proposed for each outlot. If the rezoning is approved, the 13 acre Outlot A, Town Centre 100 Third Addition will be removed from the Eagan Heights Commercial Planned Development. A. Rezoning Compatibility with Surrounding Area - The proposed rezoning to Limited Business will provide for future non - retail uses (e.g. professional offices, banks) that will be compatible with the proposed and future development in this area. B. Preliminary Subdivision is - The developer is proposing to subdivide the parcel into one 6.1 acre lot and three outlots totaling 5.9 acres. Planning Report - Allina Health System July 25, 1995 Page 4 grading/ Wetlands - Minor revisions are necessary to the Grading Plan. The proposed grading will not dramatically change the existing grade; however, the grades adjacent to the proposed clinic are not well defined. The developer should provide detailed grading and erosion control information for this area prior to Council action on the Final Subdivision. There are no jurisdictional wetlands within the development site. Storm Drainage/Water Ouality - Minor revisions are necessary to the Storm Drainage Plan. The proposed drainage should be modified to incorporate a storm sewer extension from the clinic parking lot to the proposed pond. Runoff from the site will enter the proposed' pond and then discharge through an existing storm sewer stub to an existing nutrient trap (Pond DP -5) located on the north side of Yankee Doodle Road. Runoff generated by this site will travel through four treatment basins before reaching LeMay Lake, a Class I direct contact recreation water body and the nearest downstream recreational - classified water body. The development plan for the six acre medical facility includes a detention basin which will provide partial treatment of runoff that facility as well as the remaining six acres of the planned development. A supplemental cash dedication will be required for the shortfall in treatment provided by the detention basin. The cash dedication obligation will be pro -rated over the entire subdivision. The Advisory Parks, Recreation, and Natural Resource Commission (APRNRC) recommends approval of the proposed ponding and cash dedication arrangement for several reasons. With an outlet skimmer, the detention basin will be effective at containing oil, grease, and floatable litter. In addition, it will also be remove an estimated 50% of the phosphorus load generated by the development. However, water quality problems in, LeMay Lake are the result of the existing storm drainage infrastructure that discharges a large amount of runoff directly to the lake from areas outside this subwatershed. A supplemental cash dedication in lieu of additional ponding for this development can help finance more cost - effective improvements to mitigate excessive pollutant loadings originating elsewhere in the LeMay Lake watershed. Utilities - The Utility Plan is acceptable. There are a number of existing sanitary sewer and water main stubs available to serve this development. Access/Street Design - The proposed access is not acceptable. The developer is proposing three access points to the site; two from O'Leary Lane and one from Town Centre Drive. All three access locations are acceptable if the existing Children's World Daycare,access from Town Centre Drive is removed. The proximity of the proposed Town Centre Drive access in relation to the existing daycare access is not desirable. Both internal and external circulation safety can be improved by eliminating the existing access to the daycare from Town Centre Drive and providing an internal /6s Planning Report - Allina Health System July 25, 1995 Page 5 east/west connection from the daycare site to Allina's proposed north/south drive connection from Town Centre Drive. Easements/Rights of Way/Permits - The developer will be required to dedicate, to Dakota County, a 100' half right -of-way along Yankee Doodle Road and a 75' half right -of -way along Lexington Avenue. Tree Preservation - There are no significant trees or woodlands on site. ti parks and Recreation - The park dedication for this site has previously been satisfied as part of the Eagan Heights Commercial Park Planned Development; however, this subdivision should be responsible for a cash trail dedication. Medical Clinic Site Plan Site Plan - The Site Plan provides an "L" shaped 50,000 SF medical clinic; the building will have a 36,000 SF level one and a 14,000 SF level two. The building will front both Yankee Doodle Road and Lexington Avenue, so there will be no parking or hard surface located between the building and either county road. Parking - The City Code required on -site parking for a medical or dental clinic is at least three parking spaces for each staff doctor or one space for each 150 SF of gross floor area, whichever is greater and the City's standard parking stall width is 10'. Allina intends to have 27 physicians /providers at this clinic. Based on the City Code "whichever is greater" requirement, a 50,000 SF clinic would be required to be provide 333 parking spaces. The developer is proposing 271 parking spaces, which includes 27 handicapped accessible stalls. This parking ratio is based on providing 10 parking spaces for each physician/provider and is consistent with other clinics developed and operated by Allina Health System. In addition, the developer is proposing 9' wide parking stall dimensions which is a deviation from the City's 10' wide stall policy. The developer has stated that Allina is also concerned with providing an ample amount of convenient parking for their consumers. Based on their experience, Allina has determined that the proposed 271 parking spaces and 9' wide stalls will be adequate. Setbacks - All building and parking setbacks are met. Architecture - Allina has not determined what exterior materials will be used for the clinic; however, the developer is aware of the City's "brick or better" policy in commercial zoning districts. Planning Report - Allina Health System July 25, 1995 Page 6 Landscaping - Minor revisions are necessary to the Landscape Plan. Additional evergreen plantings should be provided along the north and east perimeter of Lot 1 to afford year round color around the building and screening of the parking lots in these areas. The developer should also provide detailed landscaping information for the area at the very northeast corner of the site. Future Development As mentioned previously, the developer is requesting subdivision approval (1 -Lot, 3- Outlots) of the entire 13.09 acre site at this time. Detailed development review of these three outlots will occur at the time the developer proposes to plat each individual outlot into a lot and block. SUMMARY /CONCLUSION The proposed rezoning and subdivision are consistent with the Comprehensive Guide Plan and the medical clinic land use will be compatible with existing and future development in this area. Rezoning this site to LB will restrict the intensity of permitted uses, particularly when compared to the existing PD -GB zoning. The main issues related to this application are the amount of on -site parking spaces provided, the proposed parking stall widths, and the site access from Town Centre Drive in relation to the daycare access. ACTION TO BE CONSIDERED To approve/deny a Rezoning of 13.08 acres from Planned Development to Limited Business. To approve/deny a Preliminary Subdivision consisting of one lot and three outlots on 13.08 acres. To approve/deny a Variance to waive 62 of the required 333 on -site parking spaces. Approval of the Preliminary Subdivision is subject to the following conditions. Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3 ,B4, Cl, C2,C4,D1, El, Fl, GI, and Hl. Allina Parking 2. The developer shall provide 271 on -site parking spaces. 7 Planning Report - Allina Health System July 25, 1995 Page 7 3. Standard parking stall widths shall be 9 feet. ,illina Landscaping 4. Additional evergreen plantings should be provided along the north and east perimeter of 'Lot 1. 5. The developer shall provide detailed landscaping information for the area at the very northeast corner of the site. Grading/Wetlands 6. The developer shall submit detailed grading and erosion control plans for the area adjacent to the medical clinic and parking area prior to the Council taking final action on the subdivision. 7. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. Storm Drainage/WaterQuality 8. The drainage plan shall be revised to extend a storm sewer line from the clinic parking lot to the proposed pond. 9. The developer shall satisfy water quality mitigation requirements through a combination of on -site ponding and a supplemental cash dedication. 10. The pond shall be designed to provide partial treatment for the entire subdivision. 11. The supplemental cash dedication shall be pro -rated based on area for the entire subdivision. Park Dedication 12. The developer shall be responsible for a cash trail dedication. FINANCIAL OBLIGATION - Town Centre 100 - 16th There are pay -off balances of special assessments totaling $70,817 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made in the City's utility system based on the submitted plans. Improvements Use Rate Water Availability Charge C/I $2,745/Ac Storm Sewer Trunk C/I .02 /sq. ft. TOTAL Quantity Amount 5.48 Ac $15,043 148,079 sq. ft. 7.962 1 )WERVEW RD. TOAD cc 0 U 0 GEWw RD DR. TAMARAC PT. - WICK PT. - NORWAY PT. FOREST ROGE TR AONWOOD LA. REDWOOD PT. SPRUCE PT. DOODLE CARRIAGE HILLS • CA.P COURSE Orr SoI AL LEA 0' LEA FLAK ► w000 TR NCLERT ROAD PAL 0" WA WESCOTT ROAD CARTNY `LA rr NOR HvEW L 1 (CO. RD 301 fL J rs� r 11 ! Ou/4L£Y -7 1 . r...M..Y. \Vb. fLtT ROAD LOCATION ZONING PD (Planned Development) COMPREHENSIVE GUIDE PLAN CPD (Commercial Planned Development) W J _ WWII 0000U MUD :.I:y.: . for a SIMMS • ( fp....,,,,......=,.... )(-6 � u N • wC. UMB . if= •ALUM EAST REGION GPO l (- WIRE LUCIE law tC0. IID. »a Il) ■ ."‘""" _ 1 �� f `n - 1181801_ • =+"!•.Nana • l( • sat EAGAN, MINNESOTA PRELIMINARY E PLAT TOWN CENTRE 100 16TH ADDITION • L I ALUM EAST REGION GPO / 7 ) .. 1 MEM • am la 1 [-- EAGAN, MINNESOTA tALI. MUCCI NO 174111-00t EAGAN HEAL1 a ALLI NA HLALTH NfTtu GENERAL BITE PLAN PLAN SUBNRTAL SSSSSSI RICK waft. aft.. ?� ■ SCR •.r •ma r. raft ., SITE PLAN • -- -- I - - - -- -- — -- YANKEE Dart RID • T, l p I•r+- •ir+•r j I rfl L.- - 0+1[r•rr TO r� IItPJ _7 \) It�l e. �tl �rrbl— �efi+i G• IRI- ERAL LANDSCAPE PLAN w 1- !LAW MATERIAL SCHEDULE •• w ••■••••■•••••• - s N EM •• _• _• •. _• _• • • L: MO EAGAN HEALTI ft ALLI NA N UM fl$TRH V�r•�r� ��rAr iMD NM •■•• •• fir•• •••1•• •. •• r•r•MK r•1 •••1••.11 PRELIMINARY PLA PIAN SUBMITTAL SSSSSSS SICF1 Sant Si.' •r •• rr•r1 LANDSCAPE PLAN `ll�•r•Mry.i ••• /73 • 3' — aapz--N 0 GENERAL GRADING AND DRAINAGE MN 0.1.••■•• EAGAN HEALT a ALLI NA MULTI STU Si tra 11.• fire•ta. %••••te..L. wan PRELIMINARY PL HAN SLISIfirrAl &&&&&& •••• CW—" • ISM ••••• Immo* •. GRADING PLAN •• 41,1114 S SI AV (:)__ GENERAL UTIU17 PLAN EAGAN HEAL a ALLI HUM MUM PULMONARY PL PLAN SODIUM! mama. BBBBBBB BICE mi zervz MOM= Mzr, • ••••• ...EN 61 MAT PLAN —_re.__ a am isi • .,�.a ""V. w 1— z� 0 co F . u. 0 mo d z cc F-15: �0 CC w Q .. 5 0 U z Q 4 W 1- 0 ' J • Z Z pro < ZW>. CD EE W Lr z 0 N • • . ' •1•. ,ti;;. . EAGAN HEALTH a ALLI NA MANN Mr NW& Arm balm t•H -•Tri MII rrr D.rw Nbreepees, o itiw 1ant MtAMWiw tsglaroo ANN Nell Nom t+.ir o.•+,r MI tsarr Drew tai[ badelNNW Mtn ?MN/1 CONI LTAHTToNS tIMIRL• Trr.r CaTrlb NI Ws NA New V4a IN INN 0ew tlW.iSe r.Ibri M1111.1 NV. PRELIMINARY PLAT PLAN SUBMITTAL Babe Becket =us ss*� SIMIIMMInft w 1- co co z O co 1 z om0 Z - ca cc w Q MsM \I - �jf�GtiJ rrNx` ) FINANCIAL OBUGATION LEGEND. Water AvNebny ChM* Imtge stiti�•l. ..ii' 's = t •r�t1 •f 1 . .� • somesbacides 1 ,• r ...Mill 1 I i 1 1, OM NAN M'.!1 : i 1 1 , • • . I:II \• 1•• f:: tare.. er.a mtsfi r fabrWl.....1! .....r SIMMINNENSMIlm OMANI Odom .1= .1111... Moo a 4 W EAGAN HEALTH ALLI NA MIALTM Mild COOL Ay 11.r 11o• 1. Imam Orm Mwoba. I• I 01 Cams pm mew iperium 11as 1.1.1 Deo ll^r Mt Sons. taw ylomP+1111111q Come Yowl bons MITI TIS4611 0001111A.WITTO NI MO " Sow Prat Nerd ...+q [7111 M1 tiZP Y 4M111YY11. 1N1r MIA 111.1W A111211110 MOM& _▪ __NIDel • thoodon 11711Ma _•T role P! wy1111g711V1H4 OWN WM. Mx Ar ox. einin‘P PREL MtNARY PLAT PLAN .U{MTTTAL Bodect Midolms Z -- --� oif $U0 a $a 1i• 1 voil 0 • Z z°�a, o < H N = a c id; - z H 0 Y• z 0cc 0 z W cc z cn OMN% PLAIN Loa LPL ALLINA MMItM /f1TtIN COMM Pie li dM/Im -m W I Mr= Dm MMPPIMMa MI MO Coma MOW ifa OA /*ON OIVILOPOt M▪ I Saar Dm I6AmMia MI fll0 Oiava OM OWN CIM ILUA1RfOTO wow NI I_C_ ON lama /alms Mionada III INQ Ci MAW 1•1•10 M111141.11x10 • !—� ice''. ..� •'� 1 ~:� �` {{y iia� ::.gi1 Vo441e •�A�: — \ err ,11 q1 a „1.:' 1 `lJ A�+h , %1)11 "1a 1 1�{r'! %.7 ,1% • l.` �, �w!r, �� am=! ,/ f/ ..�arM�a M1irr.Piter:. 11� ilitta t �� \� l ";_tr 1 /M11 M r� Iy' • 117 77: :1x± = g•titl!y . _ • s4si=iss�SFr [ /S' ---- r' / • �' ,'�•' .�r�_. -ia • •1I. IS sat ovivaps i• lama Maw. Mane& WHOM Chi (WM■O•MI I CIMIIf.T /WORM DOE tea* Va M lftra Aam. Mb opas.III IM1 Colo Oman la C4IMOO O AP Imo. NA. Oa • 61101141111 rRzUMINARY PLAT PLAN 8UIMITTAL Ellerbe Becket INrrr - Marr• EAGAN HEALTH de. AID ababONIO Nam Mara Onalows Oil ▪ L SINN OO OM 'MOOS Oraltrat p • t DM. W WO *Mc jpYaroon ▪ famOvO Camara „ r • P• 10. 1MMI DOC Wirt Worm ▪ WA Maim _ laaa• asOa MO MIS Was IOW M• MpIITICT111O�' rM M �/P. Na OIL. CMrm tMaako lasityman ciaarae T iw.a.fl eiamal4O1 V01431 Oval Una ./411/4 MCP itM %7n MINAITY PLAT flt..N /VIM='�T�• Agenda Information Memo August 1, 1995 Eagan City Council Meeting B. PRELIMINARY SUBDIVISION - TAN ME INDUSTRIAL PARK ACTION TO BE CONSIDERED: 1. To approve or deny a Preliminary Subdivision (Tan Me Industrial Park) consisting of 3 lots on 6.7 acres on Lot 7, Block 1, Sibley Terminal Industrial Park, located in the SE 1/4 of Section 8, on Terminal Drive, subject to conditions 1, and 4 - 12 as recommeded by the Adivsory Planning Commission. FACTS: • The Advisory Planning Commission conducted a public hearing on this proposal at its July 25, 1995 meeting. No one from the public spoke on this issue. The Commission found the proposal is consistent with the City's Subdivision Ordinance and recommends approval. • The developer has paid parks and trails dedication for the entire site, so conditions #2 and #3 recommended by the APC can be deleted. ISSUES: • The developer questioned Conditions #2 and #3 regarding payment of parks and trails dedication stating that this had been paid with the building permit for the Tan Me office /warehouse building. The Planning Commission advised staff to verify payment. Staff has confirmed that payment has been made. • The developer raised a concern about the timing of the extension of utility service and the grading necessary to the approximate 14 acre, tax forfeit parcel abutting this subdivision. This issue can be worked out at the time of the development contract. BACKGROUND /ATTACHMENTS: (2) Minutes of Advisory P ing Co fission - page /_ through/(17,), Staff Report, pages , throw . /Pa SENT BY: 612 432 3780 7 -27 -95 ; 9:55AM ;SEVERSON WILCOX SHEL 612 681 4300 :# 2/ 3 Page 21 July 25, 1995 ADVISORY PLANNING COMMISSION TAN -ME INDUSTRIAL PARK - PRELIMINARY SUBDIVISION APPRO DEVELOPMENT, INC. Chairman Miller opened the next public hearing of the evening regarding a Preliminary Subdivision (Tan -Me Industrial Park of 3 Lots on 6.7 acres previously platted as Lot 7, Block 1, Sibley Terminal Industrial Park, located in the SEA of Section 8 on Terminal. Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staffs planning report dated July 18, 1995. Ms. Tyree noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Tyree further outlined the City staffs evaluation of the applicant'sproposal. Jack Matasosky of APPRO Development Corporation, a representative of the applicant was present and stated he only had one question for clarification purposes regarding Conditions 2 and 3. He stated that it is his understanding that the applicant has already paid the cash parks and trails dedication obligations with the issuance of the building permit. The applicant's representative further requested deferment of the installation of utilities to give the applicant time to purchase the adjoining property to which the utilities will be stubbed. Assistant City Engineer Mike Foertsch stated that the Development Contract sets forth utility installation deadlines and that the staff is in agreement with using a Summer 1996 completion date. Community Development Director Reichert advised that Condition 11 allows the extension of the completion dates for the utility installation without setting a specific date as a condition of the preliminary subdivision approval. Member Wallace moved, Burdorf seconded, a motion to recommend approval of a Preliminary Subdivision (Tan -Me Industrial Park of 3 lots on 6.7 acres previously platted as Lot 7, Block 1, Sibley Terminal Industrial Park, located in the SE' /. of Section 8 on Terminal, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, C1, C2, C4, D1, El, Fl, Gl, and H1. Parks and Recreation 2 This subdivision is subject to a cash parks dedication, 3. This subdivision is subject to a cash frail dedication. SENT BY: 612 432 3780 7 -27 -95 ; 9:55AM ;SEVERSON WILCOX SHEL-+ 612 681 4300;# 3/ 3 Page 22 July 25, 1995 ADVISORY PLANNING COMMISSION Tree Preservation 4. Individual Lot Tree Preservation Plans will be required for Lots 1, 2, and 3. Water Qua litY 5. The development be subject to a cash dedication for water quality mitigation. c.tg 6. The developer shall be responsible for submitting detailed grading plans reflecting actual conditions and the grading of a proposed access road on Lot 1 prior to final plat approval. Erosion Control 7 The development will be responsible for maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. Storm Sewer 8, The developer shall be responsible for providing storm sewer for any proposed parking areas upon future development of Lots 1 and 3, in accordance with City Standards. Utilities 9. The developer shall extend 8' water main to Lot 1 and Parcel 011 -50. 10. The developer shall submit detailed plans and specifications accurately reflecting the construction and location of the 8" stub to Lot 1 and Parcel 011 -50 to the northwest of the site prior to final plat approval. 11. Any adjustment of existing City utility structure shall be done in accordance with City standards. P 12. The subdivision should be platted. All approved in favor. Member Hey' suggested that staff research the issue of the applicant's payment of the cash parks and trails dedication before the City Council meeting. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 18, 1995 APPLICANT: Gerald W. Woods PROPERTY OWNER: Gerald W. Woods CASE: 8- PP- 19 -5 -95 HEARING DATE: July 25, 1995 PREPARED BY: Shannon Tyree REQUEST: Preliminary Subdivision -Tan Me Industrial Park LOCATION: Lot 7, Block 1, Sibley Terminal Industrial Park North of Yankee Doodle Road, west of Terminal Drive. COMPREHENSIVE PLAN: IND - Industrial ZONING: I -1 Limited Industrial SUMMARY OF REOUEST Gerald Woods is requesting a Preliminary Subdivision of three lots on 6.7 acres on Lot 7, Block 1, Sibley Terminal Industrial Park, located in the SE 1/4 of Section 8. 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. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. Planning Report - Tan Me Industrial Park July 25, 1995 Page 2 F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein • as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY Lot 7, Block 1, was originally platted in 1964 and had remained vacant until early 1995 when Tan Me Industries constructed an office /warehouse on the NW portion of the 6.7 acre site. EXISTING CONDITIONS The existing office/warehouse and associated parking are located on the proposed Lot 2. A private drive was constructed along the east property line of proposed Lot 2 and 3 to serve the newly constructed building. The site has scattered amounts of trees and brush and has steep slopes on the west side of Lot 2 and the southeast portion of Lot 1. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Planning Report - Tan Me Industrial Park July 25, 1995 Page 3 North - South - East - West - vacant; zoned I -1; designated IND. Aagard Environmental Services; zoned I -1; designated IND. Henning Rhode; zoned I -1; designated IND. Aagard Environmental Services; zoned I -1; designated IND. EVALUATION OF REOUEST Preliminary Subdivision. L.otSummary Lot 1 = 1.95 acres Lot 2 = 2.58 acres Lot 3 = 2.17 acres Total Area 6.70 acres Setbacks The existing building meets all I -1 setback standards. Lots 1 and 3 were designed to accommodate the I -1 setback requirements. Tree_Preservation This 6.7 acre industrial site appears to have been cleared and/or graded at one time, and is now re- vegetated with a mixture of deciduous trees. A Tree Preservation Plan has not yet been submitted, however a tree inventory schematic has been submitted with the Preliminary Plat for this property. This drawing shows the existence of a scattering of cottonwood, elm, ash, and oak trees throughout the three proposed lots. Tree diameters range from eight to thirty inches. Individual Lot Tree Preservation Plans will be required for Lots 1, 2, and 3. Grading/Storm Drainage -- The preliminary grading plan needs to be revised. The proposed grading plan does not accurately reflect the current conditions for proposed Lot 1, Block 1. Currently there exists a large excavation section on Lot 1, and the preliminary grading plan depicts a hill in this area. Also, the grading plan for Lot 1 does not depict the proposed grading of an access road around the lot to the parcel northwest of Lot 1 as suggested by staff. Submission of detailed grading plans reflecting the actual conditions of Lot 1 and the grading of an access road to the parcel to the northwest of this site should be required prior to final plat approval. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. The proposed utility plan does not reflect any additional storm sewer extensions for Lots 1 and 3. The developer will be required to provide storm sewer for any proposed parking areas for these lots upon future development. Trunk storm sewer of sufficient capacity is in close Planning Report - Tan Me Industrial Park July 25, 1995 Page 4 proximity to these lots for future connection by an internal storm sewer system. Utilities — The preliminary utility plan as presented is acceptable with a few modifications. The developer shall stub an 8" watennain to Lot 1 and the tax forfoeted parcel to the northwest of the site (Parcel 011 -50). The preliminary plan submitted is unclear as to the location of the proposed stub. Prior to final plat approval, detailed plans and specifications shall be submitted to accurately reflect the construction location of this stub. The developer shall dedicate a 20' wide utility easement through Lot 1 for the extension of this 8" watermain to the tax forfeited parcel northwest of the site (Parcel 011 -50). Sanitary sewer and watermain service has previously been provided to Lot 2. Sanitary sewer and water service stubs have also been provided for Lot 3. Sanitary sewer main exists in a location near Lot 1 so as to ensure future service connection without the need for a stub at this time. Any adjustment of existing City utility structures shall be done in accordance with City standards. Water quality This parcel is located in drainage basin C and will generate stormwater that discharges to Pond CP -8, a designated stormwater management basin. Pond CP -8 in turn discharges to Pond CP -9, a 45 -foot deep flooded gravel pit located in Ft. Snelling State Park. Staff recommends a cash dedication for water quality mitigation for this development because a previously constructed off-site treatment basin (Pond CP -8) will provide a substantial measure of treatment needed for this site prior to discharge to Ft. Snelling State Park. There are no jurisdictional wetlands within this development parcel. Streets/Access -- The development is proposing to take access onto Terminal Drive through a private street previously constructed known as Sun Drive. Access onto Sun Drive has previously been constructed for Lot 2. Access for Lot 3 is proposed to be taken onto Terminal Drive. Access for Lot 1 is to be taken onto Sun Drive. All driveway accesses shall be a minimum of 30' wide and shall be constructed with concrete aprons in accordance with City standards. Easements -- The developer shall dedicate a 20' wide utility easement for the extension of 8" water main through Lot 1 for the parcel to the northwest of the site. Parks arid Recreation The proposed subdivision shall be subject to a cash parks dedication and a cash trails dedication. Compatibility With Surrounding Area The area completely surrounding the proposed development is industrial, and the Comprehensive Guide Plan designates this area as Industrial. Development of this project as industrial uses is consistent with the City's plan. /fze Planning Report - Tan Me Industrial Park July 25, 1995 Page 5 SUMMARY /CONCLUSION The proposed lots appear to conform with the general requirements in an I -1 zoning district. The preliminary subdivision meets the required findings necessary for subdivision approval. Specific site plan review will occur when individual building permits are requested. ACTION TO BE CONSIDERED To recommend approval or denial of the requested preliminary subdivision for three lots on 6.70 acres for Tan Me Addition. If approval of the plat is recommended it shall be subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, C1, C2, C4, D1, El, F1, Gl, and Hl. parksfind Recreation 2 This subdivision is subject to a cash parks dedication. 3. This subdivision is subject to a cash trail dedication. TreLPreservation 4. Individual Lot Tree Preservation Plans will be required for Lots 1, 2, and 3. Water Quality 5. The development be subject to a cash dedication for water quality mitigation. aacling 6. The developer shall be responsible for submitting detailed grading plans reflecting actual conditions and the grading of a proposed access road on Lot 1 prior to final plat approval. grosion Control 7 .The development will be responsible for maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. Storm Sewer 8. The developer shall be responsible for providing storm sewer for any proposed parking areas upon future development of Lots 1 and 3, in accordance with City Standards. Utilities 9. The developer shall extend 8' water main to Lot 1 and Parcel 011 -50. Planning Report - Tan Me Industrial Park July 25, 1995 Page 6 10. The developer shall submit detailed plans and specifications accurately reflecting the construction and location of the 8" stub to Lot 1 and Parcel 011 -50 to the northwest of the site prior to final plat approval. 11. Any adjustment of existing City utility structure shall be done in accordance with City standards. Platting 12. The subdivision should be platted. (f• f STANDARD CONDITIONS OF PLAT APPROVAL Financial Obliaations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights - of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the . appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Mans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a cul-de -sac constructed in accordance with City engineering standards. /r7 4. A separate detailed landscape plan shall be submitted overlaid on the, proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. ,Ot=er 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. - Advisory Planning Commission City Council Approved: Auaust 25.1987 Seotember 15.1987 Revised: July 10. 1990 LTSOS STANDARD.CON Revised: February 2. 1993 FINANCIAL OBLIGATION - Tan Me Industrial Park There are pay -off balances of special assessments totaling $398 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made in the City's utility system based on the submitted plans. Improvements Use Rate Quantity Amount None 2ARKS Y GARY L -- R MMARI PARK TAM e. a Ag VER i.5 LOCATION ZONING 1 -1 (Limited Industrial) COMPREHENSIVE GUIDE PI AN IND (Industrial) Y�$ FOR TAN ME INDUSTRIAL PARK rN!RW iii.. biTEWgg • O isr r _ ••• -- • Y inert OW • • w • •...•r •••••••• •••••• w.•∎• •• .r. TA..• a •• •M/ OP OW CerovlwoeoleNsoe our tr. 111 ►1 n ... • 1 1 •d - t TAN ME INDUSTRIAL PARK ,, 5t Q 7 )6:: " 1 V lawMat • �Sj 1 � , fig G !f gyp,, 'It Nr O J , s3 �,.\ : �-. .7% / // • ••• •••••••• r._.... "C ya� t j1. ! a =� soma Mr M. •: F'-' 1 • ss:� no f. w... • w. = =r Z.:.C.. —�i ...• ; / fir, Q:=Z *.•.• ..: � / f C e�weeo se c �1 _.M■ ��L. :..• 6 .1.1..1.10.0.1.1. 11 MON1• Iln 11 NO111.1141 :7N1 '11■1301.IU13 /W0 Otiddd 1 -�N Agr g ." 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