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07/18/1995 - City Council Regular 1:-:,;)1/e.,7te AGENDA EAGAN CITY COUNCIL - REGULAR MEETING BLACKHAWK MIDDLE SCHOOL*** JULY 18, 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 HEAD BUSINESS (BLUE) P' A. APRNRC RECOMMENDATION on Mosquito Control F • B. AGREEMENT WITH Gopher Smelting, Land Exchange for North Park V. CONSENT AGENDA (PINK) P• 3O A. PERSONNEL ITEMS q, i ;0.33 B. CHANGE ORDER, Fire Department Emergency Support Vehicle 6 C. CLASSIFICATION of Tax Forfeited Property CONTRACT 95-07, Approve Plans/Authorize Advertisement for Bids, Nicols Road a Street and Storm Sewer q E. CONTRACT 93-UU, Acknowledge Completion, Diffley Commons 3rd Addition Streets ,/,/ and Utilities ' CONTRACT 94-RR, Acknowledge Completion, Amundson Addition Services .�� CONTRACT 95-11, Approve Plans and Specifications, Authorize Advertisement for Bids; Municipal Center Irrigation P �C H. AUTHORIZE REQUESTS for Proposals, Janitorial Services for Municipal Center, • Fire Administration and Maintenance Facility '9 I. AUTHORIZE BID ALTERNATE, Municipal Center Media Systems Bid J. CHANGE ORDERS, Police Department-Municipal Center Expansion SIK. AUTHORIZE AGREEMENT with Dakota Energy Alternatives for Electrical Generator re for Civic Arena p SiL. APPOINTMENT, Solid Waste Abatement Commission Alternate f',53m. FINAL PLAT, Eagandale Center Industrial Park Number 11 VI. 7:00 - PUBLIC HEARINGS (SALMON) (), S1- A. VACATION of Public Right-of-way, T.H. 13 Service Drive Eagan 13 Industrial S e Park 0 B. VACATION of Drainage and Utility Easements, Rahn Cliff 2nd and 3rd Additions p .6t;l, C. PROJECT 686, Woodgate Lane Street Reconstruction and Services VII. OLD BUSINESS (ORCHID) P, alA. CONTRACT 95-08, Receive Bids/Award Contract, Timberline Addition Streets 1 B. PRELIMINARY SUBDIVISION Extension for Gardenwood Ponds, located south of Wescott Road, east of Stoney Point Road and north of Northview Park Road VIII. NEW BUSINESS (TAN) pet() A. PRELIMINARY PLANNED DEVELOPMENT, TCF Bank Minnesota for 37,300 sqaure foot retail bulding, 30,500 square foot retail building, 195 seat restaurant, and 5,200 square foot bank, PRELIMINARY SUBDIVISION, Park Center Fifth Addition, and two CONDITIONAL USE PERMITS, to allow a drive-thru and pylon sign on Outlot D, Park Center Addition, at the northwest intersection of Cliff Lake rill .? Road and Cliff Road. B. PRELIMINARY PLANNED DEVELOPMENT AMENDMENT to allow residential townhouse development, Hoffman Homes, Inc. and PRELIMINARY SUBDIVISION, Cliff Lake Shores, located south of Cliff Lake Road, west of I-35E and northeast of Cliff Lake. Pi' -z- C. PRELIMINARY SUBDIVISION, Apollo Addition and CONDITIONAL USE PERMIT, to allow outdoor storage of semi-trailers, located south of intersection of Apollo Road and Lunar Lane and west of Mike Collins Drive. IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) R. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (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 12, 1995 SUBJECT: AGENDA INFORMATION FOR THE JULY 18, 1995 CITY COUNCIL MEETING PO NPA ?'' iC 1f Div' ......vv....v.nx n�..v v................\...�. v... a ....a v.+....ax v. {::i. After approval of the July 18, 1995 City Council agenda and the July 11, 1995 Special City Council meeting, the following items are in order for consideration. I • Agenda Information Memo July 18, 1995 A. APRNRC RECOMMENDATION, MOSQUITO CONTROL FACTS: Attached is a brief memo regarding the background on the issue of mosquito control. The Advisory Parks, Recreation and Natural Resources Commission will be taking final action at its meeting on Monday evening, July 17th. Their recommendation will be presented to the Council by Superintendent of Parks Olson. (Council members wishing to review the attachments mentioned in the memo, please see the APRNRC Agenda Packet.) ATTACHMENTS: APRNRC Memo, pages, 3 thru • REQUEST FOR COUNCIL ACTION ACTIONS: 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. - July 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 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) 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 wetlannd may opt-out of the nuisance control program by filing a petition with the MMCD. 5) Educate the public regarding_alternative control methods and theiroptions as 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 I) Notice of Public 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) 1:11pmWdvcomm.194 L • Agenda Information Memo July 18, 1995 B. AGREEMENT WITH GOPHER SMELTING, LAND EXCHANGE/NORTH PARK ACTION TO BE CONSIDERED: Approve or deny the land exchange agreement with Gopher Resource Corporation for the development of North Park, and authorize execution of the agreement. FACTS: This item is scheduled for the July 17 APRNRC meeting for recommendation to the City Council. Attached is the cover memo to the APRNRC, an executive summary of the agreement, and the agreement itself. The Director of Parks and Recreation is absent from the City this week. Administrator Hedges has been included in discussion regarding the agreement and will respond to any questions. ATTACHMENTS: Executive Summary, pages thru ,°P. Exchange Agreement, pages Gf` thru ,j! . r ' EXCHANGE AGREEMENT BETWEEN CITY OF EAGAN AND GOPHER RESOURCE CORPORATION Executive Summary BACKGROUND Gopher Resource Corporation approached the City in early 1995 about acquiring a portion of a parcel of tax-forfeited property that lies to the north of its existing property adjacent to the Soo Line Railway just north of Yankee Doodle Road. Gopher would like to expand its operations to the north by building a light industrial manufacturing plant on this parcel. Gopher offered to exchange a portion of its property which lies adjacent to certain wetlands, along with easements over other parts of its property that are adjacent to the wetlands for part of the tax- forfeited property. The City would then be able to construct a park on the remainder of the tax- forfeited property and build a trail system along the wetlands. In addition, the remainder of the property that the City acquired from Gopher would be used for open space purposes and for the continued operation of a composting facility that serves the City. Gopher has assisted in the passage of a law by the State of Minnesota to authorize this transaction. The staff of the City's Parks Commission has held a series of meetings and conducted good faith negotiations over the course of several months. The results of the Exchange Agreement will benefit the City of Eagan and its citizens by: 1)providing a new park (including baseball diamonds and a trailway system) dedicated to public use; 2) strengthening the tax-base for the City; and 3) continuation of the composting facility, a valuable community resource. PROPOSED TRANSACTION The City is in the process of acquiring title to tax forfeited property from Dakota County (Parcels A and D). Gopher owns Parcel B and is in the process of purchasing Parcel C. Gopher will exchange Parcel B (11.5 acres + trailway easements) for Parcel A (9.4 acres) on an even basis. The properties would be exchanged subject to pending, levied and future assessments which each party will assume and pay when due, although Parcel A would not be subject to any levied special assessments when it is transferred to Gopher. Using the following assumptions, the City will be acquiring property with a net value that is $26,000 greater than the land it is exchanging with Gopher: 328251.1 6/29/95 1 Fair Market Value of Parcel B (11.5 acres x $17,500/acre) $201,250 Less Unpaid Assessment Charges: Unpaid Storm Sewer Trunk (4,196) Future Water Access Charges (750) Future Water Trunk (17,289) Future Yankee Doodle Road Assessments (63,259) ($85,494) Subtotal: $115,756 Plus Future Compensation: Condemnation Proceeds from Yankee Doodle Road 39,050 • Rents for Lease for Compost Facility 36,000 Subtotal: $75,050 NET VALUE OF PARCEL B $190,806 Fair Market Value of Parcel A (9.4 acres x $17,500/acre) • $164,500 NET VALUE OF PARCEL A $164,500 USE OF PARCELS After the exchange, Parcels B and D will be used by the City for park and open space purposes. A portion of Parcel B will be leased back to Gopher for the operation of the compost facility currently located on the property (see Compost Lease below). Gopher will use Parcels A and C to construct a new light manufacturing facility. Parcels A and C will have 30 foot setbacks from the adjacent park, will have a fence and landscaping between the facility and park, and will be subject to a restriction prohibiting windows and reflective finishes on the side of the facility facing the baseball diamonds. ZONING AND CITY APPROVALS Parcel B is presently zoned as a PUD. Parcels A, C and D are presently zoned as L-1 (light industrial). Prior to the exchange the City and Gopher will attempt to rezone all of the parcels so that each parcel is zoned for the use set forth above. Rezoning may include an amendment of the existing Gopher PUD or the creation of a new PUD. In addition the City will extend its utilities across Parcel D from Borchert Lane to provide utility access to Parcels A and C. The cost of the extension shall be shared by the City and Eagan in an equitable manner. 328251.1 6/29/95 2 COMPOST LEASE Gopher currently leases a portion of Parcel B to Southern Minnesota Construction and Empire Organic Greenhouse (SMC/EOG) for the operation of a compost facility that serves the City with rents based upon the amount of yardwaste that is composted. Upon the exchange, Gopher would lease the portion used for the compost facility back from the City at the rate of $12,000 per year. Gopher would then sublease the property to SMC/EOG. By leasing the property from the City, Gopher has agreed to shoulder the economic risk associated with the operation of the compost facility while allowing for the continued operation of the facility for the benefit of the City. ROAD EASEMENT In conjunction with the exchange, an access easement will be placed along the border between Parcel B and property that Gopher will continue to own. Either the City or Gopher may construct a road along the easement at its own expense, with the other party permitted to use the road. The other party will contribute half of the cost of construction and maintenance of the road as soon as that party begins to use the road for access to improvements on their property. If either party wishes to dedicate the road to public use, the other party will cooperate. 328251.1 6/29/95 3 . EXCHANGE AGREEMENT THIS AGREEMENT is made and entered into this day of , 1995, by and among the City of Eagan, a body corporate and politic, under the laws of the State of Minnesota ("Eagan") and Gopher Resource Corporation, a Minnesota corporation ("Gopher"). RECITALS A. This Agreement concerns certain parcels of unimproved real property located • in the City of Eagan, County of Dakota, State of Minnesota. The parcels are identified as Parcels A, B, C and D in this Agreement. They are legally described in Exhibit A and sketched on Exhibit B. Some of the legal descriptions set forth in Exhibit A are metes and bounds descriptions and will be replaced with new platted legal descriptions. The exact legal descriptions shall be determined in the platting process and shall be subject to the approval of the parties and the title insurer.. The final location of the trail easement which is part of Parcel B shall be approved by the parties after review of its location by the Department of Natural Resources of the State of Minnesota. B. Eagan is in the process of acquiring title to Parcels A and D from Dakota County. C. Gopher is the owner of Parcel B and is in the process of acquiring Parcel C from a third party. D. Gopher and Eagan intend to effect, on the Closing Date, an exchange of Parcels A and B in a like-kind exchange transaction qualifying under Section 1031 of the Internal Revenue Code of 1986, as amended (the "Code"). 301809.3-red 6/29/95 AGREEMENT FOR VALUABLE CONSIDERATION, the parties hereto agree as follows: 1. Property Exchanged. Eagan and Gopher hereby agree to exchange Parcels A and B on such terms and conditions as are hereinafter set forth. Under this Agreement Eagan shall be deemed the transferor of Parcel A and the transferee of Parcel B, and Gopher shall be deemed the transferor of Parcel B and the transferee of Parcel A. 2. Consideration. At the closing Eagan shall convey and transfer Parcel A to Gopher and Gopher shall convey and transfer Parcel B to Eagan. The transfers and conveyances shall be made on the terms and conditions set forth in this Agreement. 3. Contingencies. = Platting and Rezoning. Parcel B is presently zoned as a Planned Unit Development ("PUD") Area. Parcels A, C and D are presently zoned L-1 (light industrial). Before the closing of this exchange can occur, the parties believe it is necessary for Parcels A, C and D to be platted and for all of the Parcels to be rezoned. II®cordance with applicable procedural_processes, Eagan and Gopher agree that they will jointly and cooperatively petition the City of Eagan to plat Parcels A, C and D and rezone all of the Parcels. In furtherance of this rezoning and platting process, the parties endorse and agree to support the following concepts: 3.1.1 The use of Parcel D as baseball fields, parkland, parking area, trailways and open spaces. 3.1.2 The use of Parcel B tt for public park and open space purposes, together with the concurrent use of portions of theproperty as a parking area, for trailways and for composting. 301809.3-red 6/29/95 2 i/o • 3.1.3 The use of Parcels A and C for the construction of a fenced, light industrial manufacturing plant with railway spur, truck access, and outside storage of materials. = 3�1 4 A building setback which allows adequate space for landscaping on Parcels A and C from the northwesterly property line of Parcels A and C which abut Parcel D, of no more than thirty feet. 3.1.5 A prohibition on windows and bright reflective finishes on the side of any building to be constructed on parcels A and C which faces the ball fields on adjacent Dark land. = 3.1.6 A matching of the grades along the boundary between Parcels A, C and D. 3.1.7 Amendment of the existing Gopher PUD or the creation of a new PUD to permit the uses proposed herein for parcels A, B, C and D. 3.1.8 The extension of ^ all City utilities across Parcel D from Borchert Lane to provide utility access to Parcels A and C, the costs of which are to be shared by the parties in an equitable manner. In the event the parties are unable to plat Parcels A, C and D and rezone all of the parcels in accordance with the concepts described herein, then this Agreement may be terminated by either party and neither party shall have any further obligation to the other party. • 301809.3-red 6129/95 3 • 4. Project Approvals. 4.1 Government Approvals. The parties shall make diligent efforts to obtain governmental approvals of the proposed platting of Parcels A, C and D and rezoning of all of the Parcels. Each party will be solely responsible for all costs and expenses attributed to said applications as they relate to the Parcels which each party intends to own upon completion of the exchange contemplated by this Agreement. 4.2 Site Investigation. Prior to closing, transferee and its representatives, at transferee's sole expense, may enter the transferor's property and conduct surveys, soils tests, hydrology tests, environmental tests, archaeological tests and such other tests as transferee may reasonably deem appropriate. Transferee shall keep the transferor's property free from mechanic's liens arising from such work. Transferee shall, at transferee's cost, repair any resulting damage to the transferor's property and shall defend, indemnify and hold harmless transferor from any resulting liability, injury or damage to persons or other property. Notwithstanding the foregoing, no transferee may enter on to transferor's property until such time as transferor shall have either acquired title to such property, or the right to enter on to the transferor's property from the current owner of such property. 5. Date of Closing. The closing on this Agreement (the closing) shall take place within 60 days following satisfaction of all of the Contingencies under this Agreement but in no event later than - , 19 , unless the parties agree to a different closing date. 6. Place of Closing. The place of closing shall be at Eagan City Hall, Eagan, Minnesota, or such other location as may be mutually agreed upon by the parties. 301809.3-red 6/29/95 4 7. Title and Remedies. In lieu of all other evidence of title, as soon as reasonably possible following the date of this Agreement, Eagan shall provide to Gopher (relative to Parcel A) and Gopher shall provide to Eagan (relative to the Parcel B) commitments for an owner's policy of title insurance issued by a title insurer reasonably satisfactory to Gopher and Eagan. The policy insuring Parcel A is referred to herein as the Parcel A title policy; and for the purposes of this section, Gopher shall be the named insured thereof and Eagan shall be the provider. The policy insuring Parcel B is referred to herein as the Parcel B title policy; and for the purposes of this section, Eagan shall be the named insured thereof and Gopher shall be the provider. Each commitment shall commit to insure the named insured thereof as the owner of the real property described therein in an amount equal to $200,000. The only obligation of the policy's provider shall be to obtain the commitment, and the named insured shall be responsible for the cost of the premium for the policy. If any exceptions to title are shown on the commitment other than the allowable encumbrances (defined below) and the standard exceptions contained in the title insurance commitment, the provider shall be allowed thirty (30) days from the date the commitment is received by the named insured to remove such exceptions. If the closing date occurs during such 30-day period, it shall be postponed. On removal or waiver of such objections and on written notice to the named insured, the closing shall occur and this Agreement shall be performed by the provider and the named insured. If such objections are not removed within said thirty (30) days, the named insured, at the named insured's election made by notice given to the other party within five (5) days after said thirty (30) day period, may waive the objections and take title as is or declare this Agreement void. If it is so voided, 301809.3-red 6129/95 5 neither party shall be liable for damages hereunder or otherwise be obligated hereunder to the other. If no such notice of election is given by the named insured within said five (5) day period, the named insured shall be deemed to have declared this Agreement void. If there are no exceptions to title other than the allowable encumbrances, if any other objections are removed' within said thirty (30) days, or if the named insured elects to waive the objections, and if the named insured thereafter defaults in any of the agreements herein, the provider may specifically enforce or may terminate this Agreement. 8. Real Estate Taxes and Special Assessments. The transferor shall pay the real estate taxes relative to the transferor's property that are deferred or that are due and payable in all years,prior to the year of closing. Real estate taxes relative to the transferor's property that are due and payable in the year of closing shall be prorated between transferor and transferee from January 1 of the year of closing to the date of closing. =Parcel A shall be transferred subject to pending and future special assessments Itz Parcel B shall be transferred subject tojpending, and future_sgecial assessments. Any installments of levied special assessments due and payable in the year of closing for Parcel B shalt be prorated in the same manner as real estate taxes. Any levied assessments for Parcel A shall be paid by Eagan at or before closing. Transferee shall responsible for the payment of all real estate taxes and special assessments due and pavable in all years following the year of closing which transferor is not otherwise required to pay under this Agreement. Transferor has made and makes no representations or predictions concerning the amount of real estate taxes or special assessments that may be levied, pending or deferred against transferor's property. 301809.3-red 6/29/95 6 • 9. Other Prorations at Closing. The following prorations shall be made between Eagan and Gopher at the closing, as of the close of business on the day prior to the closing date: (a) Prepaid rents and additional rents as may be defined in leases of portions of the transferor's real property; (b) Any other income generated by the real property; (c) Any other items customarily=prorated but not specifically addressed elsewhere herein. 10. Closing Documents Relative to Parcel A. Subject to Eagan's and Gopher's performance of their respective obligations hereunder, the parties agree to fully execute and deliver at the closing the following items relative to Parcel A. (a) The Parcel A title insurance commitment, down-dated to the closing date. The encumbrances allowed to be shown on the commitment (the Parcel A allowable encumbrances) shall be as follows: • (i) building and zoning laws, ordinances, state and federal statutes and regulations; (ii) utility and drainage easements of record; (iii) real estate taxes and special assessments to be paid or assumed by Gopher pursuant hereto; (iv) reservation of any minerals or mineral rights to the State of Minnesota. ' The commitment shall not contain any exception to title based on the source of title arising from a tax forfeiture proceeding. If the title insurance company shall 301809.3-red 6/29/95 7 S require any registration proceeding or quiet title action in order to delete such exception, the parties agree to cooperate in bringing such an action with respect to Parcels A and D, and to share in the costs of such a proceeding in an equitable manner. Gopher agrees toprovide any reasonable undertaking to the title company which it may require in order to remove such exception. (b) A = guit claim deed (the Parcel A = deed) conveying = a tax title to Parcel A to Gopher^; (c) Funds from Gopher sufficient to pay its share of the closing costs, • including the recording fee for the Parcel A ^ deed; (d) Funds from Gopher to pay for the premium for the title policy; (e) Such affidavits as the title company shall reasonably require in order to omit from its title insurance policy all exceptions for judgments, bankruptcies, tax liens, mechanic's liens, and unrecorded interests in Parcel A; (f) Such documents as are necessary to clear any title objections made or hereunder; (g) Funds from Eagan to pay its share of the closing costs, including Eagan's proportionate share of real estate taxes, It and ^ special assessments; (h) Any other documents required by law or by this agreement to be delivered by either party relative to Parcel A. 11. Closing Documents Relative to Parcel B. Subject to Eagan's and Gopher's performance of their respective obligations hereunder, the parties agree to fully execute and deliver at the closing the following items relative to Parcel B: 301809.3-red 6/29/95 8 CL (a) The Parcel B title insurance commitment down-dated to the closing date. The encumbrances allowed to be shown on the commitment (the Parcel B allowable encumbrances) shall be as follows: (i) building and zoning laws, ordinances, state and federal statutes and regulations; (ii) utility and drainage easements of record; (iii) real estate taxes and s•ecial assessments to be paid or assumed by Eagan pursuant hereto; (iv) a common driveway easement for the benefit of the owners of Outlots F, G, H, and I, Gopher Eagan Industrial Park 2nd Addition, incorporating substantially all of the terms set forth in Exhibit C attached hereto. (v) reservations of any minerals or mineral rights to the State of Minnesota; (vi) the rights of = Southern Minnesota Construction and Empire Organic Greenhouse under lease dated March 17, 19931 between Southern Minnesota Construction and Empire Organic Greenhouse ("SMC/EOG"), as tenants, and Gopher, as landlord (the "Compost Lease") (b) A warranty deed (the Parcel B warranty deed) conveying marketable • title to Parcel B to Eagan, subject only to the allowable encumbrances; (c) Funds from Eagan sufficient to pay its share of the closing costs, including the recording fee for the Parcel B warranty deed; (d) Funds from Eagan to pay for the premium for the title policy; 301809.3-red 6/29/98 9 • l • (e) =.4■ lease between Eagan, as landlord, and Gopher, as tenant, for the property_subject to the Compost Lease, incorporating substantially all of the terms set forth in Exhibit D attached hereto; LO An assignment to Gopher of the original Compost Lease; L'IM A check or credit to Eagan in the amount of the security deposit, if any. being held by Gopher, including any interest thereon for the Compost Lease; Letter to the SMC/EOG advising it of the transfer of title to Parcel B from Gopher to Eagan and the transfer of the security deposit (if any), together with interest thereon; Letter from SMC/EOG acknowledging the transfer of title to Eagan And acknowledging that the Compost Lease is a sublease subordinate to the Lease between Eagan and Gopher.= =fD To the extent they are in Gopher's possession and not posted at Parcel B, such certificates, licenses, permits, authorizations and approvals as have been issued with respect to Parcel B by governmental and quasi-governmental authorities having jurisdici;ion; —'(k) Such affidavits as the title company shall reasonably require in order to omit from its title insurance policy all exceptions for judgments, bankruptcies, tax liens, mechanic's liens, and unrecorded interests in Parcel B; (I) Such documents as are necessary to clear any title objections made hereunder; (m) Funds from Gopher to pay its share of the closing costs, including Gopher's share of real estate taxes= and = special assessments; 301809.3-red 6/29/95 (n) Any other documents required by law or by this agreement to be delivered by either party relative to Parcel B. 12. Liability for Closing Costs. Any service charge for preparation of the title insurance commitment on each parcel shall be paid by the transferor. The transferor shall also pay the cost of the state deed tax due on recording of the = deed delivered by the transferor. The transferee shall pay the cost of recording the = deed. Gopher and Eagan shall each pay one-half of closing fee of the title insurance company. 13. Representations and Warranties. 13.1 Litigation. Transferor represents and warrants to transferee that there is no litigation, and to the best knowledge of transferor, no investigation, condemnation or proceeding of any kind pending against the transferor's party. 13.2 Wells, Tanks and Sewage Systems. Transferor represents and warrants to transferee that transferor knows of no wells, underground or aboveground tanks, or private sewage systems that now exist or ever were located on any portion of the transferor's property. 13.3 Brokerage Fees. Each party hereto warrants that it has not incurred any real estate brokerage or finder's fees to any third party. 13.4 Transferor's Representations and Warranties Condition Precedent. Transferor hereby agrees that the truthfulness of each of the representations and warranties made in this Agreement is a condition precedent to the performance by transferee of its obligations hereunder. Upon the breach of any thereof, transferee may, prior to the Closing Date, terminate this Agreement or transferee may elect to 301809;3-red 6/29/95 1 close this exchange. If transferee elects to terminate this Agreement, then neither party shall have any further rights or obligations hereunder. 13.5 Indemnity. Transferor shall indemnify transferee, its successors and assigns, against, and shall hold transferee, it successors and assigns, harmless from, any costs,expenses or damages of any kind or nature, including reasonable attorneys' fees, which transferee may incur because of any breach of the representations and warranties herein contained. 13.6 Survival of Warranties and Representations. Consummation of this Agreement by transferee with knowledge of any such breach by transferor shall not be deemed a waiver or release by transferee of any claims hereunder due to such breach and all representations and warranties herein contained shall survive the closing. 13.7 No Other Warranties. The transferor makes no other warranties or representations, and the transferee has not relied on any such warranties or representations, express or implied, relative to the condition of the transferor's property or any other matter relative to this Agreement, other than those expressly stated herein. The transferee hereby acknowledges that it has thoroughly inspected the transferor's property and is acquiring the same in an "as is" condition as of the date hereof. 14. Cumulative Rights. Except as may otherwise be provided herein, no right or remedy herein conferred on or reserved to Eagan or Gopher is intended to be exclusive of any other right or remedy provided herein or by law, but such shall be cumulative in and 301809.3-red 6/29/95 12 2© in addition to every other right or remedy given herein or elsewhere or hereafter existing at law, in equity, or by statute. 15. Reasonable Consent. Whenever Eagan's or Gopher's consent shall be required herein, the approval or consent shall not be arbitrarily or unreasonably conditioned, delayed, or withheld; and it shall be deemed to have been given unless within = thirty (30) days of the request therefor, Eagan or Gopher, as appropriate, notifies the requesting party that Eagan or Gopher, as appropriate, is denying the approval or consent, stating in the notice the reasonable grounds for denial. 16. Attorneys' Fees. If either party commences an action against the other to enforce any of the terms of this agreement or because of the breach by the other party of any of the terms hereof, the losing or defaulting party shall pay to the prevailing party reasonable attorneys' fees, costs, and expenses incurred by it in connection with the prosecution or defense of the action. 17. Notices. All notices and other documents of similar legal importance from any of the parties hereto to any other shall be in writing and considered to have been duly given or served if hand delivered or sent by facsimile transmission and by first class mail, postage prepaid, to the party as its address set forth below, or to such other address as such party may hereafter designate by written notice to the other party: To Eagan: City of Eagan Attention: Thomas Hedges, City Administrator 8830 Pilot Knob Road Eagan, MN 55122-1897 Telephone: (612) 681-4600 Facsimile: (612) 681-4612 301809.3-red 6/29/95 13 With copy to: City of Eagan Attention: Ken Vraa, Director of Parks and Recreation 8830 Pilot Knob Road Eagan, MN 55122-1897 Telephone: (612) 681-4600 Facsimile: (612) 681-4612 To Gopher: Gopher Resource Corporation Attention: Mark Kutoff 3385 South Highway 149 Eagan, MN 55121-2295 Telephone (612) 454-3310 Facsimile (612) 454-7926 With copy to: John C. Kuehn Leonard, Street & Deinard 2300 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402 Telephone: (612) 335-1717 Facsimile: (612) 335-1657 18. Property Information. As soon as reasonably possible after the date of this Agreement, transferor shall deliver to transferee a copy of all drawings and written materials pertaining to the physical condition of the transferor's property which transferor has in its possession, including but not limited to, any surveys, plats, environmental studies, soil tests, etc. 19. Additional Land Transfer. Gopher and Eagan recognize that the portion of land subject to the trail easement in Parcel B and the portion of land located north of the trail easement in Outlots I, H and G may not be usable by Gopher because of the trail easement. Eagan agrees to accept a conveyance of such additional land from Gopher at any time Gopher desires to transfer such land to Eagan. 20. Binding Effect. This agreement shall be binding on and inure to the benefit of the parties hereto, their successors and assigns. 301809.3-red 6/29/95 14 21. Entire Agreement; Severability. (a) This Agreement contains the entire agreement of the parties concerning Parcels A, B, C and D and supersedes all prior agreement relating thereto, whether oral or written. This Agreement may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought. (b) If any term or provision of this Agreement shall be deemed unenforceable, the remainder of this Agreement shall remain in full force and effect. 22. Headings. The headings of the Articles, Sections and Subsections of this Agreement are for convenience of reference only and do not form a part hereof, and in no way interpret or construe such Articles, Sections and Subsections. 23. Interchangeability of Words. Words and pronouns shall be interchangeable with respect to gender and singular or plural, as the context or application requires. 24. Minnesota Law. This agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this agreement to be effective the day and year first set forth above. CITY OF EAGAN By Its GOPHER RESOURCE CORPORATION • By Its 301809.3-red 6/29/95 15 3 EXHIBIT A Legal Descriptions Parcel A: • [That portion of the Borchert Ingersoll site to be conveyed to Gopher] Parcel B: Outlot I, Gopher Eagan Industrial Park 2nd Addition together with a 20 foot wide easement for trail purposes over a portion of Outlots H and G, Gopher Eagan Industrial Park 2nd Addition, lying adjacent to or within the wetland located in the northerly part of Outlots H and G. The exact location of the trail easement shall be approved by the parties after review of its proposed location by the Department of Natural Resources of the State of Minnesota. • Parcel C: [the triangular parcel] Parcel D: [the remainder of the Borchert Ingersoll Site] • 301809.3-red 6/29/95 A - EXHIBIT D LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into effective the _ day of , 1995, by and between the City of Eagan, a body corporate and politic, under the laws of the State of Minnesota (hereinafter referred to as "Eagan") and Gopher Resource Corporation, a Minnesota corporation (hereinafter referred to as "Gopher"). WITNESSETH: WHEREAS, Eagan is the owner of that certain property legally described on Exhibit "A" attached hereto and incorporated herein by reference ("Property"); WHEREAS, Eagan intends to develop the Property for public park and open space purposes; and WHEREAS, Gopher desires to lease the Property for an interim period for the purpose of maintaining a public composting facility for the benefit of, among others, citizens of Eagan. NOW, THEREFORE, in consideration of rent payable as of the date hereof and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Eagan and Gopher hereby agree as follows: A. Term of Lease. Eagan hereby leases to Gopher and Gopher hereby leases from Eagan, the Property for a term of three (3) years, commencing on the date hereof (the "Initial Term"). Gopher shall have the right to renew this lease for one additional term of three (3) years (the "Additional Term") by giving written notice of its exercise of such option to Eagan no more than ninety (90) days and no less than sixty (60) days prior to the end of the Initial Term. B. Rent. Rent for the Property for the Initial Term shall be $36,000, payable in semi-annual installments of $6,000. The first semi-annual installment shall be paid upon execution of this lease, and semi-annual installments shall be paid every six months thereafter. Rent for the property for the Additional Term shall be $36,000 and shall be paid in the same manner as the rent for the Initial Term. C. Alterations or Additions. Gopher shall not be allowed to improve or make additions to the Property without the prior written consent of Eagan. All improvements and additions are the property of Eagan and shall remain upon and be surrendered with the Property as part thereof at the termination of the lease term. • 328197.2 6/29/95 • (P • D. Use of Property. Gopher shall use the Property for the purpose of operating and maintaining a facility open to the public for composting activities including, but not limited to a composting/transfer station and brush/green tree waste drop-off facility of yard waste and certain size green waste. Gopher and any sublessee of the Property shall comply with all licenses, permits, ordinances and regulations of Eagan relating to the operation of the composting facility. E. Assignment; Subletting. Gopher shall not be allowed to assign this Lease Agreement without the prior written consent of Eagan. Gopher shall be permitted to sublet the Property or any part thereof to third parties for purposes consistent with Paragraph D above. F. Nondisturbance. If sublessee (a) is not in default under its sublease with Gopher and b) is in compliance with any permits issued by Eagan in connection with sublessee's composting activities;then the sublessee's possession of the Properties and rights and privileges under its sublease shall not be disturbed by Eagan for any reason whatsoever during the term of the sublease or any extensions or renewals thereof; provided, however that Eagan shall be permitted to terminate this lease and facilitate a relocation of the composting facility pursuant to Paragraph H below. G. Insurance. Gopher and its sublessees shall, at their own cost and expenses, during the term of this Lease Agreement, obtain and carry comprehensive general liability insurance with minimum limits of liability as determined by Eagan. The policy or policies shall be written in the name of and for the benefit of Eagan, Gopher and the sublessees, as their respective interests may appear. H. Termination by Eagan. Eagan may terminate this Lease Agreement and Gopher's leasehold interest at any time, with or without cause, upon one hundred twenty (120) days notice of termination to Gopher. If the license or permit granted by the City of Eagan to operate a composting facility on the Property is revoked for any reason, such revocation shall be deemed an immediate termination of this Lease Agreement. If Eagan should terminate this Lease Agreement, Eagan shall facilitate and Gopher shall use its best efforts to relocate the composting facility (and obtain the issuance of any license or permit required to operate such facility) to a compatible and economically reasonable location in the City of Eagan. I. Indemnification. Each party shall indemnify the other party and hold the other party harmless from and against any claim, demand, loss, damage, liability, cost or expense, including reasonable attorneys' fees, which arise, result from or relate to.the Property or the Property from and after the commencement of this Agreement, whether or not now in existence or which may arise, result from or relate to the operation of the Property; provided, however that a party shall be liable to the other for any breach of, or failure by, the party to perform any of its representations, warranties, covenants or agreements in this Agreement. 328197.2 6/29/95 2 J. Miscellaneous Provisions. • 1. Notices. Any notice permitted or required to be given under this Agreement shall be deemed to have been given if mailed by certified mail, postage prepaid, return receipt requested, as follows: To Eagan: City of Eagan Attention: Thomas Hedges, City Administrator 8830 Pilot Knob Road Eagan, MN 55122-1897 Telephone: (612) 681-4600 Facsimile: (612) 681-4612 With copy to: City of Eagan Attention: Ken Vraa, Director of Parks and Recreation 8830 Pilot Knob Road Eagan, MN 55122-1897 Telephone: (612) 681-4600 Facsimile: (612) 681-4612 To Gopher: Gopher Resource Corporation Attention: Mark Kutoff 3385 South Highway 149 Eagan, MN 55121-2295 Telephone (612) 454-3310 Facsimile (612) 454-7926 With copy to: John C. Kuehn Leonard, Street & Deinard 2300 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402 Telephone: (612) 335-1717 Facsimile: (612) 335-1657 • Either party may change its address by giving written notice to the other party. 2. Assignment. Neither party shall assign its interest in this Agreement without the prior written consent of the other party. 3. Waiver. No action or inaction by either of the parties to this Agreement shall be deemed to constitute waiver of any right under this Agreement, except a writing expressly waiving that right. No waiver of a particular breach shall be deemed to constitute a waiver of any subsequent breach. 328197.2 6/29/95 30 cg--- 4. Governing Law. This Agreement shall be interpreted under, governed by and enforced under the laws of the State of Minnesota. 5. Captions. Section and paragraph headings contained in this Agreement are for convenience only and shall not be used to construe the meaning of any provision of this Agreement. 6. Counterparts. This Agreement may be signed in one or more counterparts which collectively shall constitute a singular binding agreement among the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CITY OF EAGAN By Its GOPHER RESOURCE CORPORATION By Its 328197.2 6/29/95 4 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 11, 1995 • A special meeting of the Eagan City C iikki* tttd uesday,July 11,1995 at 5:00 p.m.at Black Hawk Middle School. Present were Mayor Egan and:l i'it,&ici iii.* i nter,Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Fire Chief;�Oale Nelson, Police Chief Pat Geagan and Finance Director Gene VanOverbeke. IMPROVEMENTS TO FIRE STATION #1 After an Introduction by Administrator Hedges,Fire Chief Nelson reviewed the reasons for this request. He noted that In the initial Capital Improvement Program, they requested approximately$250,000 to do these repairs; however,after compiling information on the nled repair$,it is determined that It will require an additional$185,702 - to complete the project. Arthur Dickey, of Aft Or Dick :Associates, reviewed the plans for these Improvements. Councilmember Awada asked how rt it h it woi s:E cost to build a new building and Mr. Dickey responded that it would be close to a million dollars without.Iand..c ts,.Discussion followed on the roof and Insulation in the building. Councilmember Wachter indicated Would f4vi r i ::insulation and interior improvements rather than putting a new brick exterior on the building. tifidtiCiliiiei e'r''Maslit'hoted that this station backs up to homes, so the appearance of the building is important. She indicated that perhaps Just the front could be done in brick. • Counciimember Awada expressed a concern that this is 35% over budget. Fire Chief Nelson noted that if the brick exterior isn't done, there will be numerous problems with maintenance. The brick exterior would be maintenance free. Awada suggested that stucco would be an,affertjative that would be less expensive and would be maintenance free also. Fire Chief Nelson indicated..ft itisiing to be sensitive to the appearance of the building since this is located in a neighborhood.,,.Cour lkt emb r Wachter indicated the Fire Administration building is the most important project to him and he:>fstvi:l!i:iether see;:rhoney go into that building. •• Fire Chief Nelson noted that there hae:iiiiiii::tirpay set aside in the capital improvement plan for land acquisition and remodeling that hasn't been spent. Ther i id :i en.no money spent on this station since 1985. if these improvements aren't approved, he feels it may affect itrtorl;¢ ;:Councilmember Awada expressed a concern about recent city projects being over budget. The overages end up doming out of the Community Investment Fund and that fund then gets depleted before it should. Counciimember Wachter indicated he wouldn't favor putting the brick exterior on unless insulation is put in. He suggested this vote be delayed until more Information can be provided relative to the costs for putting insulation in, and other building exteriors. Councilmember Hunter Indicated if facility fades.arejneded, he feels they should be done. However, he doesn't think it is owed to employees to upgr fe': '•'cilia i. ii :?10 years. Facilities should be upgraded when they are needed and not before. Councilmember Masin Indicated shWt uld like:to know whether the Fire Department would be willing to delay some of their other projects due to this ,rage.;,l iuncilmember Awada concurred,Indicating she would like to know whether they would cut back$200,D3 1i btit let Me to make up for It Fire Chief Nelson then reviewed acquisition of property for a training facility, indicating there is some land going tax forfeit that they would be interested in. They recently lost some property they were using to do training In live bums. - REVISION OF,T3 S Il. • :;E1fr•,ON ORDINANCE • Finance Director VanOverbeke revievi ck the reasons for'r ciuesting these changes. He indicated that certain elements of the existing ordinance are in conflict with current legal:standards and court interpretations. Also, there Is no differentiation between peddlers, trart8fe t merchants and- licftors. He explained the difference between EAGAN SPECIAL CITY COUNCIL MINUTES;JULY 11,1995 • PAGE 2 licensing and registering and noted that the prellems with the ordinance became more apparent after the elimination of the special use permits. Councilmember Awada asked why tti8•Cftji ls:tpben e:any of these. Police Chief Geagan noted that the city can refuse to license applicants if They have also made arrests during the application process for persons who are warmed on warrants. It gives the city a little more control over who is soliciting in the city. Finance Director VanO4.t#jeke added that they can also limit the times applicants can solicit. Police Chief Geagan indicated he gets compiEir is about solicitors nearly every day and this would provide a level of control. Awada indicated she Is comfortable with the model ordinance. Mayor Egan concurred. Councilmember Masln asked whether solicitors need to be licensed by the county as well. Police Chief Geagan responded that he looked Into that and the county doesn't do 140thing w.10.them. Councilmember Wachter indicated he would like the City Attorney to review the ordinance. :.OTHEFI.BUSINESS Administrator Hedges reviewed a ntsit ber;ibt:iatte received from Larry Poppler relative to his complaints about the Community Development department. Community bevelopment Director Reichert noted that this has been going on for a long time and basically, it is a private dispute between him and his neighbor. She reviewed the situation and noted that the ordinance is not clear on whether this accessory structure is allowed. There doesn't seem to be anything in the ordinance to prohibit it. Councilmember Awada suggested a letter be written to him from the Mayor and Council indicating that this is a private dispute that the city cannot get Involved in. Discussion followed. At 6:30 p.m. the meeting adjourned to:fl regular:Council meeting. At 11:35 p.m.,the Council reconvened p:dJsouss a correspondence received from Mike McGraw,an Eagan resident. After some discussion, Councilmember:turtteF:.agreed to follow up on this matter. • The meeting adjourned at 11:50 p.m. DLP Date City Clerk • Agenda Information Memo July 18, 1995 Eagan City Council Meeting E '` : There are thirteen (13) 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. Planner -- ACTION TO BE CONSIDERED: To approve the hiring of the person yet to be named as a Planner in the Community Development Department. FACTS: Staff is still checking references on finalists for the open planner position. It is expected that a name will be presented to the Council either with the Administrative packet on Monday or the Council on Tuesday. Item 2. Utility Maintenance Worker -- ACTION TO BE CONSIDERED: To approve the hiring of the person to be named as a Utility Maintenance Worker, contingent upon successful completion of the physical examination requirement. FACTS: Testing has occurred and final interviews for a Utility Maintenance Worker will be held on Monday, July 17. Hopefully, a name as recommended to be hired for this position will be available at the City Council meeting on Tuesday. If the staff is not able to check references before the Tuesday meeting,staff is requesting that the Council approve a person who they will recommend. • 3 `./ Agenda Information Memo July 18, 1995 Eagan City Council Meeting Item 3. Resignation/Administrative Intern -- ACTION TO BE CONSIDERED: To accept the letter of resignation from Administrative Intern Robert Rys. FACTS: The City has received .a letter of resignation from Administrative Intern Robert Rys. Mr. Rys has accepted a position as City Administrator elsewhere. ATTACHMENTS: • Letter of resignation enclosed on page .5? f July 12, 1995 Thomas L. Hedges City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom: This letter will serve as formal notice of my resignation from the temporary position of Administrative Intern for the City of Eagan. As you know, I have interviewed for, been offered, and have accepted the position of City Administrator for the "Quad Cities" of Delavan, Easton, Bricelyn, and Minnesota Lake. I will begin work in this new position on Monday, July 24, 1995. I would like to thank you for providing me the opportunity to work with you and your staff on a wide variety of projects. I feel very fortunate to have been able to spend this time working with such a dedicated and talented group of people. The continued ability of your interns to move into responsible positions in local government serves as a testament to the quality and innovative public service for which the City of Eagan staff in general, and you more specifically, have become known. Your interest in me and my professional development is greatly appreciated. Sincerely, Robert J. Rys Agenda Information Memo July 18, 1995 Eagan City Council Meeting B. CHANGE ORDER, FIRE DEPARTMENT EMERGENCY SUPPORT VEHICLE ACTION TO BE CONSIDERED ON THIS ITEM: To approve change orders for the Fire Department emergency support vehicle resulting in a net addition of $2,056 to be funded from the equipment revolving fund. FACTS: The Eagan Fire Department Truck Committee, in reviewing the needs for a Emergency Support Vehicle, have identified a combination of nine deletions and additions resulting in a net add of $2,056 above the previously approved cost of the vehicle. ATTACHMENTS: • Staff memorandum on page ` 3 7 _u+r n I _, . dn , , b MEMO _city of eagan - DATE: July 12, 1995 TO: Tom Hedges, City Administrator FROM: Dale Nelson, Fire Chief SUBJECT: Change Order-Emergency Support Vehicle The EFD Truck Committee met with SVI Trucks for a pre-construction meeting of our Emergency Support Vehicle. After reviewing the truck specs with ESV Trucks, the following change orders have come about: • Delete driving light Credit $200.00 • Delete shelves in Compartment No. 7, and provide aluminum air bag module for Additional $356.00 • Change speaker to Cast product 100 watt recessed in center front bumper Credit $329.00 • Change rear lights from halogen/strobe series to 64 series Additional $140.00 • Change standard tail light to Whelen 64 series Additional $405.00 • Change generator from Lima to Winco 25 KW Credit $500.00 • Delete roof AC/Heat unit Credit $1,470.00. Add electric base board heat unit Additional $235.00, and add roof exhaust fan Additional $297.00. • Upgrade light tower to 1500 watt, 240 volt lights Additional $1100.00 • Add Federal Q2B siren on front bumper Additional $2022.00. Please submit this information for approval of an additional $2,056.00 (which amount would be subtracted from our Revolving Equipment Fund leaving approximately $48,000 as a balance) for consent agenda for the July 18, 1995 Council Meeting. D.S4 ki13k Dale Nelson, Fire Chief 4"( Agenda Information Memo July 18, 1995 C. CLASSIFICATION OF TAX FORFEITED PROPERTY ACTION TO BE CONSIDERED: 1) To declare Parcel 10-00800-011-50 as having public purpose and to request acquisition of that parcel. 2) To declare parcels 10-14301-010-00 and 10-84275-050-00 as non-conservation land. FACTS: • The City has been notified by Dakota County of three parcels noticed as tax forfeited for non-payment of taxes. • Dakota County has requested that the City approve the classification of the property as non-conservation land in preparation for sale or, if desired, process the necessary forms to acquire any of the parcels. • This information has been circulated to all City departments and the following recommendations have been made for each parcel: Recommended Parcel jp be Acquired Department Purpose 1. 10-00800-011-50 yes Fire(') Training Site Public Works° Maintenance Operations 2. 10-14301-010-00 no n/a n/a 3. 10-84275-050-00 no n/a n/a (I) Proposed uses are compatible. If the parcel can be acquired, each department can meet its needs. ♦ Parcel size as requested previously by the City Council is noted on the page with the legal description. ATTACHMENTS: Parcel listing on page ae. Parcel location maps on pages 3-1 th 39 . ` � Department response memcgon pages 10 thru ct( CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED LANDS AS PROVIDED BY CHAPTER 386, LAWS 1935 AS AMENDED. To the City Council of the City of EAGAN We, the members of the County Board of the County of Dakota, Minnesota, do hereby certify that the parcels of land hereinafter listed are all of the lands which have been classified by us as Non conservation lands, from the list of lands forfeited to the State of Minnesota for non-payment of taxes for the year or years 1988 & 1990 as provided by Minnesota Statutes 1945, section 282.01 as amended. c SUBDIVISION 111 a$ * e7 at E 10-00800-011-50 SECTION 8 TWN L NE 23 I I �, Pt-CV-E.1 PT OF S 1/2 SEC LYING G S SE OF RR R/W & LYING NW OF SIBLEY TERM IND PK & LYING NE OF LINE BEG MOST N COR LOT 11 BLK 1 SAID PLAT NW PERP NW LINE SAID LOT 416 FT TO R/W RR & THERE TERM EX BEG MOST N COR LOT 10 BLK 1 SAID PLAT SW ON NW LINE LOT 10 TO MOST W COR R 90D 350 FT NE PARR NW LINE LOT 10 TO LINE DRAWN PARR NW AT RT ANG TO PT OF BEG SE ON SAID LINE 350 FT TO BEG 8 2723 l 10-14301-010-00 q, Mq S BLACKHAWK ACRES 2ND ADD e t : 7 OUTLOT A ( . o5 #-Cvii )s 10-84275-050-00 WILDERNESS PONDS c "-1 3 OUTLOT Ai? rox ott c4. • 3c, _ _ G IVICkr Ni 5tr ..)..+5c t_._ i Qtt+l . • ......_,_ • itte ■ / Q h ou 5o 5�. 1,,/X 1 f(\ ■,/ , i * N / ,/,, arzr La 7 4 • /O. ..•, A° 7 .0( .. / $ N , \'.., Q s . , 4, \ , • VALLEY . 9 4... :•:--.v. 4 . .4-" /.•S' \ 0 .: " ,/ .4., ,e .. 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IF I2 14] 1 fl gp • 01 . 3g ...._ I. • 1 /4 SEC. 27 , T. 27, R 23 BE COU1 OECE . .. ' 7 .fl� Aq * 3 N.O.tt IRIS --,._:A..- - �9-1 a{IN r I Lii7 n " � 1 • .. •1 f �A '�p y, j allw 4 ffS11F,4 MEMO .__city of eagan DATE: June 28, 1995 TO: Tom Hedges, City Administrator FROM: Dale Nelson, Fire Chief SUBJECT: Acquisition of Training Property It has come to the Fire Department's attention that approximately 11 acres of property • located in the vicinity of the Police Department's shooting range has recently become available to the City via tax forfeiture. At the last regularly scheduled Fire Department Executive Board Meeting on June 20, 1995, the future of our training program was discussed and a focus was placed on training property to allow us to continue to progress in the process of meeting NFPA 1500 training standards. By a unanimous Executive Board vote, it was decided to have the department proceed to acquire the above property. The Fire Department would appreciate the City expediting this process as we recently lost the use of a small piece of property along Terminal Drive that Mr. Roger Olson allowed us to use for purposes of training. The loss of this property has forced the Fire Department to temporarily suspend some of our minimum required fire training for 1995. Your anticipated cooperation is most appreciated. \ \i\a. Dale Nelson, Fire Chief DN/kmk cc: Executive Board r n MEMO ._city of eagan - TO: GENE VAINOVERBEKE,DIRECTOR OF FINANCE FROM: TOM COL.BERT, DIRECTOR OF PUBLIC WORKS DATE: JULY 10, 1995 SUBJECT: TAX FORFEIT PROPERTY After reviewing the 3 parcels identified for a tax forfeit sale as described in your memo of June 1, the Public Works Department has reviewed all three parcels and find that there would be some public City benefit if the City were to acquire Parcel 10-00600-011-50 located between the Sibley Terminal Industrial Park and Chicago Northwestern Railroad. This site, with its dual access for both ends of the parcel, would be beneficial for the long-term needs of the City's maintenance operations for a disposal of excess material and staging area for outside storage of maintenance equipment and/or materials. Please let me know if further information or action would be beneficial in helping to acquire this property for City usage. Director of Public Works TAC/jj Attachment-2 Agenda Information Memo July 18,1995 D. CONTRACT 95-07,NICOLS ROAD STREET& STORM SEWER ACTION TO BE CONSIDERED: To approve the plans for Contract 95-07,Nicols Road(Street& Storm Sewer Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, August 11, 1995. FACTS: • On May 2,the City Council approved the reconstruction of Nicols Road and the installation of additional storm sewer facilities north of Silver Bell Road and authorized the preparation of detailed plans and specifications. • On May 15, the City Council expanded the scope of the project to include an urban curb and gutter section along the east side of Nicols Road in response to a request by Mr. Lester Spencer subject to his execution of a Waiver agreeing to pay all increased costs associated with this expanded scope. On June 15, 1995,a signed Waiver was submitted by Mr. Spencer. On July 6, Mr. Spencer inquired whether he could withdraw his original request. He was informed any further revisions would incur additional costs for plan revisions, design, etc., and would be his responsibility. • During this process,the City has been contacted by the DNR regarding concerns associated with the discharge from the storm sewer system adversely impacting the Nicols fen. Subsequently, the scope of the storm sewer work contained in the feasibility report presented at the public hearing for Project 681 held on May 2,1995 has to be expanded to mitigate the impact on the Nicols fen. • The detailed plans provide for two alternates to be bid for the storm sewer system to determine the most economical way to proceed. ISSUES: • • Mr.Spencer is very uncomfortable with his involvement with this project. Due to his uncertainty regarding the extent and cost of the expanded urban section improvement, consideration should be given to reevaluating the benefit of complying with his request for concrete curb and gutter at his cost. • • Agenda Information Memo July 18, 1995 E. CONTRACT 93-UU,ACKNOWLEDGE COMPLETION- DIFFLEY COMMONS 3RD ADDN- STS & UTILITIES ACTION TO BE CONSIDERED: To acknowledge completion of Contract 93-UU (Diffley Commons 3rd Addition - Streets & Utilities)and authorize perpetual City maintenance subject to warranty provisions. FACTS: • The developer elected to install the public streets and utilities privately under the terms and conditions of the development contract agreement for the Diffley Commons 3rd Addition. These improvements have been installed in accordance with City standards and specifications and satisfactory compliance has been verified by formal inspections by City authorized personnel. It is now appropriate for the Council to give favorable consideration to formally acknowledge completion of this contract and compliance with that portion of the development agreement and agreeing to accept,these public improvements for perpetual City maintenance subject to the appropriate warranty provisions. 4/3 Agenda Information Memo July 18, 1995 F. CONTRACT 94-RR ACKNOWLEDGE COMPLETION- AMUNDSON ADDITION-UTILITY SERVICES ACTION TO BE CONSIDERED: To acknowledge completion of Contract 94-RR (Amundson Addition - Utility Services) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • The developer elected to install the public streets and utilities privately under the terms and conditions of the development contract agreement for the Amundson Addition. These improvements have been installed in accordance with City standards and specifications and satisfactory compliance has been verified by formal inspections by City authorized personnel. It is now appropriate for the Council to give favorable consideration to formally acknowledge completion of this contract and compliance with that portion of the development agreement and agreeing to accept these public improvements for perpetual City maintenance subject to the appropriate warranty provisions. • Agenda Information Memo July 18, 1995 G. CONTRACT 95.11, MUNICIPAL CENTER IRRIGATION ACTION TO BE CONSIDERED: To approve plans and specifications and authorize advertisement for bids for installation of irrigation system for the Municipal Center complex. FACTS: • As part of the Municipal Center expansion project, there is an inclusion of the underground irrigation system for the entire Municipal Complex. • Irrigation is required of commercial developers. • Funding for irrigation has been included in the initial development phase. • Contract is scheduled for the August 15 Council meeting for award. ISSUES: Coordination of installation with site development in September will be critical for turf establishment. 4.3 Agenda Information Memo July 18, 1995 H . REQUESTS FOR PROPOSALS, JANITORIAL SERVICES FOR MUNICIPAL CENTER, FIRE ADMINISTRATION AND MAINTENANCE FACILITY ACTION TO BE CONSIDERED: To approve advertisement for Requests for Proposals for janitorial services for the Eagan Municipal Center, Fire Administration and Maintenance Facility. FACTS: • The City has used contractual janitorial services for City Hall, Police and Maintenance Facility, operating over the course of the last several years. • As a result of construction of the Police Facility and as a result of the office moves, there was expansion to the scope of the cleaning services because of increased square footage. This resulted in an increase in the janitorial cost from $2,600 to $3,400. • There is a separate contract for the Maintenance Facility and another contractor who has done the City Hall, Police and Fire Administration buildings. • There have been frequent changes in staffing within the janitorial service contracts. • The City Hall/Police contractor gave notice and terminated his cleaning contract with the City in July. The staff contacted a smaller firm to replace the old contractor without success. • Staff was only able to find a large firm contractor to fill the void on an interim basis at a fee of$3,400. • Current contractors are willing to work on a 30 day continuous contract. ISSUES: Without a completed City Hall facility, contractors may not be willing to submit a price on providing janitorial services; or may hedge the price because of uncertainty. ATTACHMENTS: Memorandum to City Administrator, page q`r7 . ca MEMO — city of eagan DATE: JUNE 27, 1995 TOM HEDGES, CITY ADMINISTRATOR PROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: JANITORIAL SERVICE-CITY HALL POLICE The purpose of this memorandum is to follow-up on my voice mail message of 6/26 regarding the janitorial services contract for the Municipal Center/Police complex. I will try to provide you with sufficient information and background so that you may also pass this memo on to the City Council, should you desire. As you are aware, our current contractor for providing janitorial services to the Municipal Center/Police complex has given us their 30 day notice. Since having received that notice Howard Favilla has been working with Bob Worthington of Metes and Bounds Inc. to find another suitable contractor to provide the janitorial service. After talking to several contractors for nearly three weeks we have been unable to find anybody suitable (willing) to take on this task. We have since contacted ABM Janitorial Services, a large contractor specializing in very large office building and retail complexes. They have submitted a bid of approximately $3,800 per month. Our current contract is for $2,600 per month which covers the Fire Administration building and the Police facility. Howard will be meeting wit Bob Worthington and ABM to clarify certain aspects of their bid. It appears that they hiGe overlooked including the Fire Administration Building in their price but may have included the Police garage and car port in calculating their fees. Howard will also be contacting additional large service contractors to see if they would also be willing to submit a bid for this janitorial services. The hiring of a "replacement contractor"` is a temporary solution until the renovated City Halt is occupied. The long term solution is still subject to review, however we are now putting together an RFP for providing janitorial services on a formal bid bases. That RFP would include the renovated Municipal Center, Police, Fire Administration and as an alternate, the Public Works building. Contractors may be sornewhat reluctant to bid on a building that has not yet been completed. By providing an opportunity for a re-opening of price negotiations after a 3 to 6 month period of time we may be alile to get a bid response. Originally, we had discussed putting this RFP off until October when-tlle new City Hall office facility was completed. Because of the price that we received from ABM and other problems in securing adequate janitorial services for the Municipal Center/Police complex and the Central Maintenance building, I feel it would be appropriate to proceed with this RFP at the earliest opportunity. Both Howard and I, babied on the bid from ABM, would anticipate that our janitorial services contract for 1996 is Ilkely to be between $92,000 - $98,000. This would not include special service cleaning of carpets and windows. ti We will keep you posted in regarding any of our discussions relative to securing janitorial services. cs3Pjanilar.kv L1:1 Agenda Information Memo July 18, 1995 Eagan City Council Meeting I. AUTHORIZE BID ALTERNATE, MUNICIPAL CENTER MEDIA SYSTEMS BID ACTION TO BE CONSIDERED ON THIS ITEM: To authorize a bid alternate for independent control of Council Chamber microphones in the media systems bid. FACTS: At its meeting of June 20, 1995, the City Council authorized distribution of the bid documents for media equipment relocation and improvements for the remodelled municipal center. In finalizing the documents, staff and the consultants have identified a third potential alternate which will improve the quality of the audio production for both the Council Chamber itself and the government access audience. This additional alternate would provide for control of the individual microphone sound levels permitting cable casters to adjust each microphone independently to better pick up different users at different meetings. As an alternate, the equipment and installation will be bid separately and will be subject to separate Council consideration when the entire bid is brought forward. J. CHANGE ORDERS, POLICE DEPARTMENT MUNICIPAL CENTER EXPANSION ACTION TO BE CONSIDERED ON THIS ITEM: To approve change orders for the Police Department - Municipal Center expansion, as presented. FACTS: The City has received one change order each for the Police Department and Municipal Center expansion. They've been reviewed by staff and are before the City Council for its consideration. ATTACHMENTS: • Staff memorandums on pages t and S 4 1';� l �tid��InB'��{inI;, ' MEMO _city • of eac an TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JULY 12, 1995 SUBJECT: MUNICIPAL CENTER EXPANSION CHANGE ORDER The City is in receipt of a change order for the municipal center remodeling representing a deduct in the amount of $225.00. The change is described below: 1. The Builders Inc. - Change Order #2/pco #7 - Change finish of overhead coiling door at kitchen in community room - ($225.00). This item has been reviewed in detail by the staff and consultants and is 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. 4a GP r, �i;g , ' n 6iPy1i; 11011 MEMO _city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JULY 12, 1995 SUBJECT: POLICE DEPARTMENT CHANGE ORDER The Construction Manager is in the process of closing out the Police Department project and finalizing paper work for it. A small number of change orders, formerly reflected in the pending changes section of the project budget remain to be paid. At this time, the City is in receipt of one of these change orders for the police department in the amount of $519.73. The change is described below: 1. Glewwe Doors Inc. - Change Order #6/pco #104 - Supply door closer, latchset and additional cylinders for ongoing maintenance (parts only, city staff to provide labor) - $519.73. 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. • V • Agenda Information Memo July 18, 1995 K. Authorize agreement with Dakoa Energy Alternatives for Electrical Generator for Civic Arena ACTION TO BE CONSIDERED: Authorize Eagan Civic Arena to enter into a contract with Dakota Electric for a Gensete generator. FACTS: • A stand-by electrical generator is proposed by Dakota Electric Association to reduce the association's "peak power demands". • Dakota Electric will put the Gensete generator outside the Eagan Civic Arena at no cost up front and no annual operational cost. • The Civic Arena will benefit from the rate 70 charges that are considerably lower. The savings per year is estimated at $10,000 - 12,000. • Dakota Electric will put a fence around the generator and landscape to help mitigate noise and appearance of the generator. • It is estimated that the generator will operate only 10 to 15 hours per year. It operates on the very coldest and hottest days of the year, thus reducing peak loads. • It will benefit the Eagan Civic Arena during a power outage since the unit will automatically turn on with no interruption in service. • Dakota Electric will maintain the unit so there are no maintenance costs or the Civic Arena. • The unit will be placed on the east side of the Civic Arena. ISSUES: • The generator will be noisy when it is in operation. Dakota Electric will pay for noise reduction to mitigate as much of the noise as possible. Agenda Information Memo July 18, 1995 Eagan City Council Meeting L. APPOINTMENTTSQLID WASTE ABATEMENT COMMISSIQN ALTERNATE ACTION TO BE CONSIDERED ON THIS ITEM: To appoint Rick Patraw as the alternate member to the Solid Waste Abatement Commission. FACTS: The alternate position for the Solid Waste Abatement Commission has been vacant since commission appointments in January. Staff has received interest from Eagan resident,Rick Patraw, in serving in this capacity. Agenda Information Memo July 18, 1995 Eagan City Council Meeting M. Final Plat - Eaeandale Center Industrial Park No. 11 ACTION TO BE CONSIDERED: To approve the Final Subdivision, Eagandale Center Industrial Park No. 11, located at the NW corner of Lone Oak Road and Lone Oak Circle. FACTS: — Final plans, development contract, and security agreements have been reviewed and are in order. • BACKGROUND/ATTACHMENTS: (1) Plat Map - page51( • 5 3 017/i3/95 13:50 EAGAN MTCE FAC 9 CITY HALL NO.329 P002/002 #• 1 I 1 ! n , slit I j I D is i i! a • • , 11 li i 1 MI C,; ! il i T W.Y q•t�1.. V 3i�.I/ I S i Y Ji4 IN '' `i rt. .i 1 arm c:i l y s ;, R � i:j s 1 cty je i� ll (rt.,. F' S._ t 111 1 i3••'' cal �' '�i. {,~ 1 z Ej 1 N1 .00( 1 zs ct I !!!\,:;;;.-", OD IPA, r...- i i I li .^S,i-•,• LL 4.4 '' Y _.::=� I i ill ll i iv ,�.� :: TE'°4 � Ili 1 It a t V., , 4 :ii w { 1..-r 52- ' I , L fit d !i .� I o i "IC] dodo. K1 gag . -;',1k,„� u, �- .. • '- 4"' . , I i 1 _i 1 !Oi • • � t �1 8 3 a pis 1 4! G �].LI a '.= i 11h E. r , . : ;;Ii- LL 14 ii �`�%• ��: er� i a el - '" & >Y t) �.,, t 11 b I 'I ,i lib fg ;• I t; i 1.4 ' i— if lif g ; gill ,z i I �.,,- t- -� . L_ i It;i a i : E# — _._,_ .,�� 7 �t r! VIII I v It I i lit' I • ^� r —�-r----r �Ntnw,s+._— I g`i I s# _�� I i s tills 11 I 1;, I a_ r; t i V III' Ile h¢ -+...r .1 ig * , # g !I ;le Ili; -� V I 1 .1;, t ii T ! #zf G 4 1I ii#1 ill' � `t:. 1 tir t . I �lZ Vi 119j a j.o ill Ss n. bt a • • I; eb c �' hwa.va7`L-T) wa— - _� .� � ill /! [ i F_ al _i_i 1 rem _ . • . I 1 1 Is4 . .. . .. R■96% 612 681 4300 07-13-96 01 :61PM P002 #36 Agenda Information Memo July 18, 1995 lefT.::'1:4fef:'Ae A. VACATION OF TH 13 SERVICE DRIVE(EAGAN 13 INDUSTRIAL PK) ACTION TO BE CONSIDERED: To close the public hearing and approve the vacation of public right-of-way for the TH 13 Service Drive within the Eagan 13 Industrial Park. FACTS: • On May 15, 1995,the City Council received a petition to vacate a portion of the TH 13 frontage road adjacent to the Eagan 13 Industrial Park located on the west side of TH 13 between Meadowview Road and Alexander Road and scheduled a public hearing to be held on June 20, 1995. • At the June 20 Council meeting,the public hearing was continued until July 18, 1995,to allow the applicant to complete the process of conveying adequate replacement rights-of-way and drainage/utility easements identified by the City staff as necessary to approve their vacation request. Peoples Natural Gas also was unable to verify the location of their main within the requested vacation prior to the June 20 public hearing. All of these issues have now been satisfactorily resolved. • All notices have been published in the legal newspaper and sent to all potentially affected property owners and/or utility companies. Other than Peoples Gas and the City of Eagan, no concerns have been received to date or expressed at the June 20 meeting. ISSUES: • The City is still awaiting the signatures from some of the mortgage holders for the easements and rights-of-way conveyance to the City. It is anticipated that these will be completed by the July 18 public hearing date. • The City incurred additional costs to prepare the legal description and related conveyance documents for execution by the applicant as a condition of vacation approval. The City has not yet been reimbursed for these costs. If not completed by the July 18 hearing,the approval should be conditioned that recording would occur upon receipt of final signatures and reimbursement. ATTACHMENTS: (2) • General location map-page 5- . • Graphic&legal description of property to be vacated-page S7. • ��.A ' LOST rig Ss I ' CCIAaI�RY L" Ctla9 ikvp Coin I 6l lil at A N 0,1� .r�xvEw AvF ssysw Avf 04.'' � �V'� y° y ftecn*R111 � A i t J • , I air LS • w 5 1J. ,MINE C�...y.... x` 26 u I TOwERV�w RD. ' 9044. � ' I J 1 ARP • KS RD. s g� 8 _ry ce % 4 1....--8— ...--..1"r"tiv,....-...k.r.21.4014e, -._.,- .—--—7.: ,....''. .. '''.1 1 ie i e ETD4ORi 6 a ` . DR. o tL,..„ u a , �` 10$ a I I Q I:V 1 � w E OUARRY O ' I } PARK I. ,i - ' l y l a ' a.l.:Y/ i 1 .�- -_ P . (f YANKEE 00001.E Rao I ' EA MIEN�v - 4*� FACILITY a ,Cr,,, t:, /CITY " 1 O ; MIAINI. 0}1 w►'r O�, I FACLI7Y ® , ' bct N I ROYAL '7 • V VACATION REQUEST SITE . - - _ _ _ _ ___ C 1$ of ea standard Y an 9 VACATION REQUEST approved: plate #: ' 7!k PUBLIC STATE TRUNK HWY. 13 • •s : r WORKS SERVICE DRIVE. DEPARTME I A L L _ _ • CP • . • +M • , 5NT COril:00,0..;910s-4;,5agi: • N 1N�E • • iC•�• �,• • ` `• :mot' ' � :_ .� '✓..� � ;: '' \ n` V- ::•:::,:kt.:•:: : \ • f .0 ..� . \" :,.. •` ■ Sati 13 ae • L ..11ii, 14at may type �'. I-. •• •• >: Agenda Information Memo July 18, 1995 B. VACATION OF EASEMENTS,RAHNCLIFF 2ND & 3RD ADDNS ACTION TO BE CONSIDERED: • To close the public hearing and continue consideration of vacating drainage and utility easements as described within the Rahncliff 2nd and 3rd Additions to be approved concurrent with the final subdivision of the Rahncliff 4th Addition approval at a future meeting. FACTS: • On April 24, 1995,the City received a petition from the applicant to vacate various drainage and utility easements within the Rahncliff 2nd and 3rd Additions. The Council received the petition and scheduled a public hearing to be held on July 18. • Adequate replacement easements will be conveyed with the final subdivision approval of the Rahncliff 4th Addition. This final approval has not yet occurred. • All notices have been published in the legal newspaper and sent to all affected property owners and utility companies. As of this date, staff has not received any objections to the proposed vacation subject to the recording of the Rahncliff 4th Addition providing for adequate replacement easements. ISSUES: • Due to the fact that the Rahncliff 4th Addition final subdivision approval and recording was not able to be processed for consideration on the July 18 meeting, it is recommended that the approval of the vacation be continued to a future meeting when the final subdivision approval will be scheduled. Both items can then be handled under the Consent Agenda. However, the public hearing should be opened and held to determine if there are any other concerns that should be addressed prior to future formal approval. ATTACHMENTS: (2) • General location map-page Sri . (..e0 6,/• Graphic&legal description of easements to be vacated-pages • • _ _ --I- 65 I-CORAL �A.�L, ,_y 11. _ __ __ _ I CL ORI = r v1 � ER; =•• :I' gi 11 = N A FA7 A•'K CEDAR •, E y �� Ot"►R I .•W 1 C`r A lirffrtgv N ~ 7/Via.1 1.,r, Pe. i _.,.1 h* ERN DR, - �� w 46 . 1,, ;,R'K \\ PARK : Mme: r: n CLIFF � y `� c' LAKE � ' RD. n RD ,�. Co. Ro. 32 Ii�' CLFf ROAD -► tiol(IA I .p't BG RAM WA �I .n ;� IGALCATI� WAYC Ili / 1 Aka, :1Z.., \ fNAN __j SCR. O ..:J? PA' 1117 6 ": M•F a1 i i .��•:c� irk 1 c CR `I , , _, ' ..1:4 S::::: . >L ��p-, � .. ate_ :. RIDGECLIFF 7- 0' 7: //\ r KINGS RD. Y , '' f A ` ' f' Cl. ti.- n. 12-WIMP 2-ANNE R. 13-.MGISTOi _ .k t8 j-uwM. »- a r T n. IA- S,a• W -NTCAO yr. IA-11011101 I.4,111X1Di PT. . . . 1i 414. ,4; v ' jrillh■- 7,......fp, Ia.'UPA PT 11,worm �, - '' . �"' 11 4� N' A- rT. 10.-STAVDN• 1 ` N ► 10.- rT. 11.-ALTA PT ,,p V 11.-illhl9l►i. I ,� A oN Ls Ali!_r �� - REV I APPLE VALLEY • VACATION REQUEST SITE city of eagan VACATION REQUEST approved; standard _ ;. PUBLIC All dedicated easements within Lot 1, pate #: L ':• WORKS • Block 2, Rahncliff 2nd Addition and • 1 °f DEPARTMENTS Lot 2, Block 2, Rahncliff 3rd Addition . S 7 • • IV] ARTINEZ CORPORATION - December 231 1994 MCWO 94144 VACATION oascur i0N all teg dedicated draiaqe mad utility wuaat 1T/N11 'delta eae lallorial d aerLMd pr pertya tat 1..block 2. liehmolttt tad Addttiss, mta.rdtal to the plat recorded December 20, 11u .. Plat No. 172s In tae attics el tea EXHIBIT A Dakota Casty. atomised* Neelatrmr .t title.. AND • tot 2. Steak 2. tataailt! 3rd Addition. estimate's to eke plat recorded December 20, 1981 mm Plat No. 1117 is the ollia. of W DMIAOW. un / •Ao County, ata..m.tm I. L.tras at Titles. • 1 toe.9o�-- ~ S 339.99 w •�_ _ ....r...-----'"°.a*642.• $4 '`r� .•... .�_.$�.._ N 89'17'07' ;:t% +.v...11; 9.......£,Q..:. .riMJ.69-•..-..... 339.99 E 12.91 ••-•• ✓ vet ..:::f:,�.... s 92.99 �1'�. ill ...." .----'11.42 1,:; ? a2ch: : � :^:r:: :: :,.. `�s•_:::• •: .. .. 1 •it 4-90'00100" .;'1rW !y„�i. :::..'r��i?�'itt:. ••+ • R:20.00 j:: •: :.. s �4 111:4:t. .: .t "MLQ ?:; 4 • .:;y ,,•:::•••,::i. yl .. 2 AP P ; :: :...• to co -�� :4:;F f:;,f,..:• .. ti +;:::•:. .:. a• 2 ....' i� :! ;b,2 ti t, y •r:.%.) •'.).:••::••r 7 0 :i o� .4j0► .........• 1 , u.y,f� N� f/■\ p ti 9 'dr•:: ;t :Lq:;ico a6,ti2 0A ;•::.. ! • �_G) ,d ' n. 6 s :•. :; t: � :0• a°� y ::e.::'se 's:,..•' (0 .� al N I o'� : ::� :'1 f, ;.. .,;:S::'' :_'c-_•_._.._.,9 f;sc::::;: ::.▪ �'•::: r •1 S 89°55 27 W .S' 't::,-.'" ; t:: ::1.4,,,.:. • 30 130 i":01...41.!.......- -; `'h: ~'�•.>.M.10 , " J' E` :l';.;�, 0C I ,_ k° j.......:::::..:.:::40..::;?::.:.' 1.::.::.::::;::::ii.:(41%.:::::.:4A r:• •Q ! / S 4°58 41 E �::ii ti6 t �' ''•ti„o�:,�.••''a,.•-•9.85 � W g :;�' �; :��. S 89°57'25"W1. .: NZ° t.9S ;4,71: • Oil . qd �• 0;. t /57.02 _• fit° W 'x"'1',7'• ::: ��// N 0042'53-W ( ..._..110.00• .. •i-h 340.E . I ••• N 89'55'27" E •..''•UTILITY EASEMENTAS PER DOC.NO'S 112555,112556,112557 MOOM EASEMENTS TO BE VACATED Main Office Survey Office 240 East Fillmore PO Box 7023 St Paul,MN 55107 O 2210 East 117th Street PO Box 1169 Burnsville,MN 55337 (612)291-1127 FAX(612)291-0751 (612)890-77SO FAX(612)890.6236 • ARTINEZ CORPORATION December 23, 1994 MCWO 94144 VACATION DESCRIPTION All the dedicated drainage and utility easement lying within the following described property: Lot 1, . Block 2, Rahncliff 2nd Addition, according to the plat recorded 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 recorded December 20, 1989 as Plat No. 1917 in the office of the Dakota County, Minnesota Registrar of Titles. Main Office Sury 0 ice 240 East Fillmore PO Box 7023 St Paul,MN 55107 210 East 117th Street PO Box 1169 Burnsville,MN 55337 (612)291-1127 FAX(612)291-0751 (612)890-7750 FAX(6121890-6236 AgendaInformation Memo :J `�--- ul; 1�8 ' Y4, 1"�'99 it h', . . ; d! i ids .iltetitfitt=ttremelq q.s A.4 bi RciPa R@ ► €lL68.6,;�W�O I;DG. lr.�A*rat.- F13CONSTRU I:O,N wce,11 Tip J.s r : i ,f1OSi' p `.^, " Afti Tr.off V1;41&, tfv! n ' .: AGTON':4941R CaO1 ORED. rP�: � i''•'� To close the public hearing and approve/deny Project 686 (Woodgate Lane Street Reconstruction &Serviee.Instaktion)aniWf approved;►suthorizePthe pr ,ration of detaWed_ lans:and.•s ecifieations. - -"xr;- • ;:, t •y•, t' FACTS,. • The City-approved 1995-99 5-Year CIP programmed the streets within the Mallard Park 3rd Addition to be reconstructed during 1996 based on their present deteriorated pavement condition: • On May 15, 1995, the City approved the preliminary subdivision and rezoning for the Mallard Park 4th Addition which requires the installation of numerous sewer and water services and lateral extensions from within Woodgate Lane to service the new residential development. • On April 18, 1995,the City Council received a petition requesting the City to install the necessary utility services and perform the related street reconstruction for Woodgate Lane. The City Council then directed staff to prepare.a-feasibility report4for this,publieimp�ovement, .. � .3, r:aa+ , JMa.• ..>:`+I+�F:f" ie'•' - k • • On June;20 14995 h tf ._�,° .. _ .._ ,.�: 4 f� :. � - ;:t e� e`as b hiy,y�ryye.{port�► as con11ile ed�;;prose'"n' ed�torthe 094"uncil�grid 8 put Iic �' >� .Jf43 tz 4 �!• �';?^'S-tCt•� �� Aj`+;r.'�nplr,;.k'nT'f, Y`��T-,1,. Ai - '+'••• hearing sc eduled for July-18-to�fonmally'present arid�discuss�tfle i`ss ies associated`with this-public project. • On July 10, an informational' neighborhood meeting was held.at 6:30 p.m. to present the information associated with this project. Minutes from that meeting are enclosed. • In accordance with the City's street reconstruction program, all streets within the Mallard Park 3rd Addition were included for consideration of street reconstruction. • It is anticipated that the final subdivision approval for the Mallard Park 4th Addition will be forthcoming within the next 45 +/-days. The developer,has requested the utility portion of this project to be completed yet this year. • All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. ISSUES: • These streets were originally constructed in 1978. With the exception of Teal Cove and Nestling Circle,the .'inder pf the str„�,eets were contra ted;91410at• dial.over a low land;s ainp area at a design substandard'to:today's'ie uir iri nts terra s not able to y�; q_,�_;e e" Tle;subgrad�e,sub sequ�ently was provide the normal life expectancy of a newly-constructed subdivision. • With the present poor pavement condition combined with the proposed numerous cuts for new utility service installations, it is necessary to reconstruct the majority of Woodgate Lane. However,Teal Cove and Nestling Circle have a much higher pavement condition rating and are not necessary for reconstruction and could be deleted from this project. Although they are technically part of the Mallard Park 3rd Addition,their direct access to Johnny Cake Ridge Road could allow them to be reconsidered at a later date with other adjoining street reconstruction programs. • Due to the anticipated construction activity associated with the Mallard Park 4th Addition within the next 12 months, the staff is recommending that the proposed construction schedule in the feasibility report be revised to have the final street surfacing performed during the late Summer of 1996 to minimize disturbance of related construction traffic on the new street. ATTACHMENTS: (2) • Feasibility report- pages '-�"�/. • Minutes -pages r�—�(o • FEASIBILITY STUDY FOR MALLARD PARK THIRD ADDITION RECONSTRUCTION IMPROVEMENTS CITY OF EAGAN PROJECT NUMBER 686 MAY 1995 I hereby certify that this Feasibility Study was written by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. Greg• kton ' se, P.E. Date Reg. • <<6� / - . £ ///yam ev- D. Gatlin, P.E. Date Re_. No. 12754 MSA, Consulting Engineers 1326 Energy Park Drive St. Paul, MN 55108 Phone #: (612) 644-4389 Fax #: (612) 644-9446 FEAS-112.035 ‘( • 112-035-10 I I I June 19, 1995 111SCLTIAG MINERS File: 112-035-10 1326 Energy Park Drive St.Paul,MN 55108 Honorable Mayor and City Council 612444389 City of Eagan 1.800.888.2923 3830 Pilot Knob Road Fax 612.644.9446 Eagan, Minnesota 55122 RE: MALLARD PARK STREET REHABILITATION CITY OF EAGAN PROJECT NO. 686 • Dear Mayor and City Council: Please find attached the feasibility study for the rehabilitation of the streets within the Mallard Park Third Addition. The project consists of the reconstruction/rehabilitation of streets, storm drainage improvements, and utility service installation to future development in Mallard Park Fourth Addition. . CM ENGINEERING ENVIRONMENTAL It is our recommendation that the project, as proposed in this study, is feasible. Please MUNICIPAL contact our office if you have questions or require further information regarding this PLANNING project. SOLID WASTE STRUCTURAL Sincerely, SURVEYING TRAFFIC MSA, CONSULTING ENGINEERS TRANSPORTATION EIECTRICAUMECHANICAI lr, ENGINEERING: •L�� - HVAC even D. Gatlin, P.E. ?own DISTRIBUTION Project Manager SCADA SYSTEM CONTROLS SDG:tw Attachments 'n Reviewed b/ l 1 / i� ui qc :De artment of P . - Wo Da Reviewed by: Qw� F' ce Director Date OFFICES IN: 035-1903 jun MINNEAPOLIS --' PRIOR LAKE ST.PAUL WASECA (S City of Eagan Mallard Park Third Addition Street Reconstruction and Drainage Improvements City Project Number 686 TART.F OF f'ONTFNTS Item Page Transmittal Letter i Table of Contents ii Introduction 5 1 Scope 1 Exhibit One - Project Location Map 2 Existing Conditions 3 Proposed Improvements - 4 Exhibit Two - Street Section 5 �-- Exhibit Three- Street Section 6 Exhibit Four - Proposed Utilities 7 Easements and Permits 8 Project Cost 5 8 Assessment Area 8 Exhibit Five- Assessment Area Map 9 Assessment 10 Financing 11 Project Schedule 11 Recommendations 12 Conclusion 12 Appendix A -Preliminary Cost Estimate 13 Appendix B - Preliminary Assessment Roll 15 PEAS-112.035 (e 112-035-10 INTRODUCTION This feasibility study is submitted as required under Minnesota State Statute 429 regarding the assessment of.public improvements. The City of Eagan authorized the feasibility study for the rehabilitation of approximately 4,700 linear feet of streets within the Mallard Park Third Addition, located adjacent to Johnny Cake Ridge Road and south of Diffley Road. The locations of the proposed improvements are presented on Exhibit 1. This feasibility study investigates the street improvements necessary to bring the roadway surfaces within the Mallard Park Third Addition to a condition which conforms to the City of Eagan standard for 7-ton roadways. The report provides costs associated with two different methods of rehabilitating the roadways. The proposed methods of improvement include a full depth milling, recycling, and bituminous overlay of the existing surface or complete reconstruction with subgrade correction. The construction will not,alter the existing street dimensions and the new street will meet the City's 7-ton design standard. The area under study is currently zoned residential. SCOPE The purpose of this report is to analyze the feasibility of rehabilitating various streets, as presented on Exhibit 1. It is proposed to rehabilitate the existing bituminous pavement by either full-depth milling and overlaying, or reconstructing the full section. The specific pavement rehabilitation procedure for each street will be chosen based upon the overall characteristics of the individual street segments. The existing concrete curb and gutter will not be removed unless it show signs of distress or settlement. In this case, it will be replaced as necessary. Storm drainage � improvements will consist of structure adjustments to match the exiting utilities with the new street grade. Minor subgrade drainage improvements will be installed in areas showing frost damage or settling, possibly attributable to poor subgrade drainage. This project was projected for completion in 1996; however, the construction of Mallard Park 4th Addition to the north has brought about the need to install utility services on the north side of Woodgate Lane. As this will disturb the street further, it is appropriate to perform the street rehabilitation during the summer of 1995. Project funding will also be addressed within this report. The costs of the project, shown in Appendix A, include an estimated construction cost based upon 1994 construction bids received on similar projects. Also included is a 10% contingency cost and a 35% indirect cost which includes anticipated design and construction engineering, administration, legal, and fiscal expenses. A preliminary assessment roll is included as Appendix E. It was prepared in accordance with the City of Eagan's current special assessment policy. Sources of funding include both City funds and assessments to private property. City funds are used to finance curb repair, utility repair, storm sewer repair, and 25% of street rehabilitation costs. FEAS-112.035 -1- ("7 112-035-10 AS 1� N 01. t. d y�y W 4„ CRYSTAL $4. d ;11n1 CELLO AWE CT TR..!/ CT. �T 0. M►� ��+'c.' SR _ TACLMTE TR` CAIRIm TR SARTELL AVE / oY�DR C� I j Tr J LLIE4O E DIG r; 4► W Ll►14 LA, 44 SKYLARK L� Vim-.. .IADE X i 3 Crd awr LA.4V t/:.---1 Guaird." i 5,�,2 ''' �Ir PROJECT Weal �' CDC VA •,i� , -�' K Ps =TIM* r Z.RA 1 O 126 CASI+E1 L C.oi RD. t; d _ ) =MONK CT. -+r / d PT. 4I w. x g It TOM* G`• '�i rEe.e. i _ !9 '�E sIG mu �.,./C Mato .4� q 14- 1• cl.em CLG ST. MG IH IGER e R� •;w, , �. rte, + ` - 44v e 447), g `i CT ac RLtSA. ST. DIM % - ''. ! W COL,� am a` LA. d �f +�yGE CT. / u row d1. t3-040,4 cT. I. W CM W /iii' ��C 1---si. RA ./ 414.4 T h o r+1=�- _ t- _ LI •V:, L. . N Ri ,y g 144 ;/ IEEC+DDR. A_IAL s�3 0."T!a �" V� !l de a s1b�tY LA iA a al j fir cm. _i +e 1 `t'. -. r 1 ® _ RA u ~ CL.IFF � � RA (� —/ NOIUA A1>,II4 . LANCASTER LA. ® : '1' RAIN / pa' WAY t. • �� N1LL p� ; =R>C♦CT DS W v `1yz e RAMI CLIFF , / P`'�'' - gJ " VAIL wet I^ A 4V ..+ }Z A ES DR ,• u %Brf f C.. DM S..^8,; 5... ` } S y d {„ DRS �1yd < ^� 5 ?` ww a Goal v 4 •a ZST s a qL y NUM L A ,b A , Cry. W cc a LA P i I 1 i i 1 I 1 0 150C EA035EX I MALLARD PARK EXHp o pT �,, THIRD ADDITION e- CITY OF EAGAN PROD. NO. 8,6)OMR WES LOCATION MAP city F C'C1 nn ' • EXISTING CONDITIONS Core samples were obtained by American Engineering Testing (AET) in order to evaluate the existing pavement sections and the necessary requirements to meet the City standard 7-ton design. The Cityemployed AET to perform the required tests which consisted of eight penetration borings from which pavement thicknesses were measured. In addition, visual observations of the project site were made by AET engineers, MSA engineers, and City staff to determine additional construction requirements based upon the existing pavement conditions. The existing pavement sections ranged in thickness from 1.5 to 3.0 inches of bituminous; average thickness was approximately 2.2 inches. Although the aggregate base material was difficult to identify, it's average thickness is estimated at four to five inches. Soil borings were performed to depths of 6 feet. Overall, the borings showed the top one to two feet of material to be mostly a mixture of silty sand with a little gravel. Below this depth was a clayey material. Braun Intertec, Inc., also conducted Road Rater analyses throughout the area in 1993. Pavement Conditions The City's Pavement Condition Index Report was reviewed as part of the preparation of this feasibility study. The Pavement Condition Index is a procedure that is used to prioritize street improvements and manage the overall pavement system. A major objective of prudent pavement management is to identify street sections that are still in fair condition but need rehabilitation work. The timely identification of streets that need rehabilitation work is more prudent than waiting until the street has aged and deteriorated to the point that reconstruction is the only feasible alternative. Using this approach, streets are kept at a higher service condition at a lower, long-term cost. Based on the Pavement Condition Index Report, the average existing granular equivalency is approximately 10" GE with a GE range between 9.2" to 11.8". The estimated overall R-value for the project area is between R-20 to R-25. The 1993 Pavement Condition Index (PCI) ratings for the area range between 14 and 55 with an average rating of approximately 35. Typically, streets rated between 0 and 55 require rehabilitation or reconstruction, and all streets within this area fall into this category. The majority of streets within the Mallard Park neighborhood have aged and deteriorated to the point that major rehabilitation is prudent and appropriate. The detailed investigation done as part of this study agrees with that evaluation. Some of the street sections have deteriorated at a faster rate. Reconstruction of the entire pavement section is now appropriate for these streets. Reconstruction will include measures to decrease the rate of decay in the future. These measures include edge drains and granular material subcut to drain subsurface moisture, which will prevent frost heave and subsequent soil strength loss. This action will increase the service life of these pavements. • Storm Drainage Conditions The existing storm drainage system within the development is adequate to handle the storm runoff from the area; however, several catch basins have settled over the design life of the existing streets and will require adjustment. FEAS-112.035 - 112-035-10 PROPOSED IMPROVEMENTS Street Improvements • The proposed street section throughout the Mallard Park area will match the existing 32-foot wide roadway. Two methods of rehabilitation are planned for the streets within the development. Using method one, deteriorated street sections would receive complete reconstruction to include subgrade correction and drainage improvements. The subgrade drainage improvements include the installation of perforated drain tile, as needed. Method two consists of a full-depth milling and overlay of the street section, excluding curb and gutter. This is a sound alternative for streets that can be rehabilitated, but show severe distress or higher potential for reflective cracking. These two street cross-sections can be found in Exhibits 2 and 3. The approximate length of street subject to full-depth reclamation with a milling and overlay operation is approximately 4,200 linear feet. The length to be totally reconstructed is approximately 500 linear feet. The areas to be reconstructed include segments of Woodgate Lane adjacent to the NSP utility easement and the intersections of Woodgate Lane with Drake Drive and Woodduck Circle. Other isolated areas may require minor subgrade corrections and this can be further defined during the design phase of this project. The costs associated with the construction and rehabilitation of the roadways are presented in the cost section of this feasibility study (Appendix A). Storm Sewer Improvements Storm sewer improvements will be implemented in accordance with the City's Comprehensive Storm Water Management Plan. The improvements will primarily consist of structure adjustment to provide surface continuity with the new pavement surface. It is proposed that two additional catch basins be installed on Woodgate Lane at the sag point in the roadway at the southern project limits. This is required to alleviate apparent drainage problems observed on-site. A storm sewer to drain water from BP-23 to BP-9 is also recommended, in accordance with the City's Comprehensive Water Quality Management Plan. Sanitary Sewer and Water Repairs According to City staff, no sewer and water utility repairs are necessary. Utility adjustments will be included in the project plans and completed as a street repair expense. The adjustments include gate valve, manhole and catch basin adjustments. The estimated cost for these repairs and improvements is outlined in Appendix A. In addition to these City repairs, 14 additional residential sewer and water services will be installed on the north side of Woodgate Lane North. These service locations are presented on Exhibit 4. These improvements will be assessed to the Mallard Park Fourth Addition, which is expected to develop in July 1995. FEAS-112.035 -. -4- ell O I12-035-10 ROW ROW 14' 16' 16' • R A 14' • EXISTING SURMOUNTABLE CURB & GUTTER l - 1 1/2" 2341 TYPE 41 BITUMINOUS WEAR COURSE TACK COAT 2" 2331 TYPE 318 BITUMINOUS BASE COURSE MILL AND RECYCLE 6" DEPTH, ENTIRE WIDTH REMOVE 2 1/2" RECYCLED MATERTIAL REHABIUTATION SECTION MILL / OVERLAY • EA035EX • • MALLARD PARK I C}�baC� T THIRD ADDITION _ CITY OF EAGAN PROD. NO 686 cErn 11011E STREET SECTIO � city of ac a n • REMOVE EXISTING PAVEMENT (CONCRETE CURB & GUTTER WILL REMAIN IN PLACE) ROW ROW 14' r 16' . 16' 14' EXISTING SURMOUNTABLE CURB & GUTTER P ! s - 1 1/2" 2341 TYPE 41 BITUMINOUS WEAR COURSE TACK COAT 4" PERF. HOPE 2" 2331 TYPE 32 BASE COURSE EDGEDRAIN WITH GEOTEXTiLE SOCK 6" CLASS 5 AGGREGATE BASE (AS NECESSARY) 12" SELECT GRANULAR (AS REQUIRED) RECONSTRUCTION SECTION • EA035EX • MALLARD PARK E {( p o p T Li \1St THIRD ADDITION Cf TY OF EACAN PROD. NO. 686 • OMR NM STREET SECTION city F ct7Cjn n • i PROVIDE SANITARY SEWER AND WATER SERVICE STUBS 1 MALLARD PARK 4TH ADDITION �I c; I �r is°\w w I 11 / c_s* \ / i ex , 6,L\�G \ PROPOSED STORM-- •��e "A '�' \, \, AIL�4 S 3s SEWER U \ P . �`, 38 vjillir---- 2 �- ;;� ,OS`'D \ O∎SG F,,-0 rO' J - 43 ' \ \ \ ` 36 46 I • \ \ �- • 44• 11 \ \ �'9� \ ° C, 0 • n:41 48 N/4• 27 BP-9 49 24 �° C SAN •�, �� 28 : 51 50 GP LANE 21 \:. • 29 31 v r� `�' 'G � ES 'Z''\' . , '•S.,,�� p• .,./` '9S 0 250 EA035EX MALLARD PARK EX0=01307 4TH ADDITION 4.-. I MS11-\t- CITY OF EAGAN PROD. 6'- ,` CO c NES ity UT I / city OF acic�ci n EASEMENTS AND PERMITS All street and storm sewer work will be conducted within the existing roadway right-of-ways; therefore, no additional easements or permits are anticipated. PROJECT COST The following is a summary of the anticipated costs for the project. A more detailed analysis of the construction costs is presented in Appendix A of this report. I. Street Costs Bituminous Pavement $290,000 Concrete Curb and Gutter Repairs $13,500 Storm Sewer Repairs $9,500 U. Utility Services Installation 4" Sewer Service $28,000 1" Water Service $28,000 18" Storm Sewer $20,000 TOTAL COST $389,000 The estimated total project cost of$389,000 is based upon an anticipated construction cost of approximately $268,000. The $389,000 cost includes 35% for indirect costs and a 10% contingency factor. The 35% accounts for engineering, city administration, and fiscal and legal expenses. ASSESSMENT AREA The area to be included for assessment purposes is presented on Exhibit 5 and includes the following: Property Desnriptinn Assessment Number of T.nt Prptivalents Mallard Park Third Addition Block 1, Lots 1-11 Streets 11 Block2, Lots 1-56 Streets 56 NW 28 024-50 Streets and 14 NE 29 011-04, 011-02 Utility Services TOTAL 81 Lots C FEAS-1I2.035 -$ 112-035.10 • (. °,° , all% r P ` �‘ `' 40 5y1'�`� ‘ 39 , o ACO k GP. s 8 . R_c< , 7400IS \\ \, . , .. � � � � .\� \ 11 ; %it � p .V 10 �� _ O 48 P��,g 2 �6 27 49 G �9 8 28 ,51 50 `Z�� 21y-3 21 •: - 29 R ES N 1 6 20 ; 18 �\ 5 17 19 13 10 56 4 16 9 � � DR " ,,. % '1 -\\ :::71 ...k .. 2 la w . . NORTHERN NATURAL POWER O UTILITY EASEMENT 000 I W Q -9 19.F 8z 0 250 EA035EX MALLARD PARK EXHIBIT o IT 3RD AND 4TH ADDITION Z -- ' _ CRY OF EAGAN PROD. NO 686 COMM DRIERS ASSESSMENT AR y'1 city F Cn a n ASSESSMENT �-' Assessments are proposed to be levied against the benefitted properties as outlined in the City of Eagan's current assessment policy. A summary of the assessment policy for this project is presented below and an preliminary assessment roll has been included as Appendix B of this report. The assessments presented are based upon preliminary cost estimates and will be revised based upon the actual final construction costs. 7nning Type Residential/Duplex All Other Types Assessed City Accessed City Bituminous Street Construction 75% 25% 100% 0% Concrete Curb Repairs (existing) 0% 100% 0% 100% Storm Sewer Repairs 0% 100% 0% '100% Sanitary Sewer/Watermain Repairs 0% 100% 0% 100% Sewer/Water Service Installation 100% 0% 100% 0% Storm Sewer Installation 0% 100% 0% 100% The method.of determining the assessment per lot equivalent is presented below. As indicated in the above table, residents are not assessed for the repairs to existing concrete curb and gutter or the utility repairs and adjustments. Lot Equivalent Assessment for Streets: Total Amount Assessed as Street Construction $290,400 Minus City's Share (25% of Total) $72,600 Equals Amount Assessed to Residents $217,800 Divided by 81 benefitting lot equivalents 81 Equals Lot Equivalent Street Assessment $2,689 Lot Equivalent Assessment for Utilities: Total Amount Assessed for Water and Sewer Services $56,000 Divided by 14 benefitting lots 14 Equals Lot Equivalent Service Assessment $4,000 With 81 assessment units, the assessment recovery is $217,800 for street reconstruction. With . 14 assessment units, the assessment recovery is $56,000 for services, for a total assessment recovery of$273,800. The remaining $115,475, for curb repairs, utility repairs, storm sewer installation, and 25% of the street rehabilitation, will be funded from the City of Eagan. sources. FEAS-112.035 _10_ co 112-035-10 • FINANCING The recommended means of financing the rehabilitation of streets within the Mallard Park Third Addition is through a combination of special assessments to benefitted properties and City financing. The benefitted properties are proposed to be assessed in accordance with the City's current assessment policy. The City will assume a portion of the project costs for the street reconstruction and the costs associated with the utility maintenance and repairs. Assessments will be paid either upon completion of the assessment hearing or over a 15 year period at the interest rate obtained at the time of the bond sale. A preliminary assessment roll is included as Appendix B of this report. It addresses proposed assessment amounts to each specific property within the project scope. The estimated assessment per lot equivalent for street rehabilitation is $2,689. The assessment per lot equivalent for sewer and water service installation for those parcels in Mallard Park Fourth • Addition is estimated at $4,000 per lot. PROJECT SCHEDULE Public Informational Meeting June 1995 City Council Receives Feasibility Report June 20, 1995 Public Hearing /City Orders Plans and Specifications July 10, 1995 ~� City Council Receives Plans and Specifications August 1, 1995 and Sets Bid Opening Bid Opening August 28, 1995 City Council Receives Bids / Awards Contract September 5, 1995 Construction Begins September 18, 1995 1995 Construction Complete November 15, 1995 Final Lift Paving Complete June 1996 Assessment Hearing July 1996 First Payment Due May 1997 FEAS-112.035 -1 1- 112-035-10 RECOMMENDATIONS Street Reconstruction/Rehabilitation Based upon the core samples collected by AET, projected roadway use, and on-site observations, the rehabilitation of roadways within Mallard Park (to a City standard 32-foot wide, 7-ton roadway) would be appropriate. The roadways will be reconstructed, or milled and overlaid, and subgrade drainage will be incorporated as appropriate. The cross-sections shown on Exhibits 2 and 3 represent the proposed cross section and,subgrade drainage improvements. Storm Sewer The storm sewer improvements would include catch basin and manhole adjustments throughout the,entire project area to match the new roadway surface. Two additional catch basins will be installed to improve drainage at the sag point on Woodgate Lane and storm sewer will be installed to drain water from BP-23 to BP-9. Structure Adjustment All sewer and water utility structures would be adjusted to match the newly constructed street surface. - Restoration All boulevard areas that are disturbed during construction will be restored to their original condition. CONCLUSION The cost of the Mallard Park street improvements is estimated at $389,000. The project would be completed in accordance with the schedule provided in this report in the fall of 1995. Final completion with the placement of the final lift of bituminous pavement will occur in May of 1996., The project would be funded through special assessments to the benetitted properties and City of Eagan utility funds. The anticipated assessment per lot equivalent for street rehabilitation and sewer and water services is $2,689 and $4,000, respectively. This Mallard Park Street and Drainage Improvement project is technically feasible from an engineering standpoint and the improvements are in accordance with the Master Street Plan for the City of Eagan. The project can best be carried out as a single contract. FEAS-112.035 -12- lg 112-035-10 Appendix A Preliminary Cost Estimate Mallard Park Third Addition Street Rehabilition Project-Project No. 686 Schedule 1-Street Rehabilitation Unit Extended Item Quantity! Unit Cost Cost Bituminous Pavement Reclamation 20,000 SY $3.00 $60,000.00 Common Excavation 1,800 CY $5.00 $9,000.00 Subgrade Excavation 600 CY $5.00 $3,000.00 Select Granular Borrow 500 CY $9.00 $4,500.00 Test Rolling 50 RS $50.00 $2,500.00 Aggregate Base, Class 5 700 TON $6.50 $4,550.00 Type 31 Bituminous Base Course 1,600 TON $22.00 $35,200.00 Type 41 Bituminous Wear Course 2,100 TON $24.00 $50,400.00 Bituminous Tack Coat 900 GAL $1.00 $900.00 Perforated Drain Tile 1,000 LF $7.50 $7,500.00 Catch Basin Adjustment 24 EA $175.00 $4,200.00 Manhole Adjustment 42 EA $225.00 $9,450.00 Gate Valve Adjustment j 14 EA $125.00 $1,750.00 Remove and Replace Driveway 250 SY $27.50 $6.875.00 Sod Lawn and Boulevard 300 SY $1.50 $450.00 Construction Cost: $200,275.00 10% Contingency Cost: $20,027.50 35% Indirect Costs $70,096.25 �; Total Street Cost $290,398.75 • Schedule II -City Cost Items Unit ' Extended 0 Item • Quantity Unit Cost Cost Concrete Curb Removal 730.0 LF $3.00 $2,190.00 Concrete Curb and Gutter D412 730.0 LF $9.50 $6,935.00 18" RCP Pipe Sewer CL 3 360 LF $28.00 $10,080.00 Remove Catch Basin 1 EA $115.00 $115.00 Construct Manhole 2 EA $1,500.00 $3,000.00 18" Flared End 1 EA $750.00 $750.00 Storm Sewer Repairs 1 LS $6,500.00 $6,500.00 Construction Cost: $29,570.00 10% Contingency Cost: $2,957.00 35% Indirect Costs $10,349.50 Total City Cost $42,876.50 -13- ri al Appendix A (cont'd) Schedule III - Utility Service Installation Unit Extended ' Item Quantity' Unit Cost Cost 4" Sewer Service ` 14 EA $1,379.31 $19,310.35 1" Water Service � 14 EA $1,379.31 $19,310.34 Construction Cost: $38,620.69 10% Contingency Cost: $3,862.07 35% Indirect Costs $13,517.24 Total Utility Service Installation Cost $56,000.00 Total Project Cost: $389,275.25 • -14- so . . Appendix B Preliminary Assessment Roll Mallard Park Third Addition Street Rehabilitation Project - Project No. 686 Parcel Number of Assessment Cost per Lot Total Description _ Equivalents Item Equivalent Assessment Mallard Park Third Additio Street Block 1, Lots 1-11 11 $2,688.88 $29,577.68 Block 2, Lots 1-56 56 $2,688.88 $150,577.28 NW 28 024-50 Street NE 29 011-04, 011-02 _ 14 Water & Sewer $6,688.88 $93,644.32 TOTAL: $273,799.28 -157 � 16100*. MEMO _city of eagan TO: FILE • FROM: MIKE FOERTSCH,ASSISTANT CITY ENGINEER DATE: July 13, 1995 SUBJECT: CITY PROJECT#686, MALLARD PARK TH ADDN (WOODGATE LANE) STREET REHABILITATION/UTILITY SERVICE INSTALLATION PUBLIC INFORMATIONAL MEETING SUMMARY An informational neighborhood meeting was held at 6:30 p.m. on Monday, July 10. 1995 at the Eagan Police Facility Conference Rooms to discuss the proposed improvements to the Mallard Park 3rd Addition as well as providing sewer and water service to the proposed Mallard Park 4th Addition. The meeting was hosted by Mike Foertsch, from Eagan City staff, with assistance from Greg Stonehouse of Maier, Stewart & Associates, the City's consulting engineer on the project. Attached as an exhibit to this information is a list of the property owners in attendance as well as a site plan showing their property in relation to the proposed improvements. After a brief introduction by City staff with those representing the City at the informational meeting,staff provided the neighborhood with a brief history of the City's CIP program,the Pavement Management Program, review of the existing utility system, and the City's process involved in the implementation of a project such as identified above. At the conclusion of the introductory remarks by City staff, Greg Stonehouse of MSA, Inc., provided a presentation on the details of the feasibility report prepared for the improvement. Following is a listing of questions asked by the residents and the response given by representatives from City staff: • If the proposed Improvements were Initially scheduled for 1996, why are the Improvements being accelerated to 1995? Based on the schedule as proposed in the feasibility report prepared for the improvements, the project is scheduled to be completed during 1996. The 1996 completion date schedule C-6(P-■ corresponds with the current CIP. By accelerating the utility service installation and the street repair associated with that installation, the development will be required to pick up —� one-half of the total cost of the rehabilitation of Woodgate Lane adjacent to the proposed Mallard Park 4th Addition development versus being responsible for a portion of the cost based on the current special assessment policy for street reconstruction. • Since the proposed Mallard Park 4th Addition construction will have a negative Impact on the reconstructed Woodgate Lane adjacent to the proposed development,can the installation of the wear course be delayed until all of the new houses are built along Woodgate Lane? The feasibility report identifies an early Spring completion for the wear course within the Mallard Park 3rd Addition. The wear course installation can be delayed until late Summer or early Fall of 1996 anticipating that the majority of the heavy construction activity will have been completed by that time. • Why is only a portion of Woodgate Lane being reconstructed at this point and not along its entire length? The portion of Woodgate Lane proposed under this project is in a poorer condition than the balance of Woodgate Lane. • Why the difference in the condition of Woodgate Lane when supposedly it was constructed at approximately the same time frame? The portion of Woodgate Lane proposed for rehabilitation under this project was constructed in 1977-1978. The southerly portion of Woodgate Lane was constructed in the 1975-1976 time frame. The City performed a load bearing capacity bearing analysis on the entire length of Woodgate Lane in 1993. These tests indicate a difference in the load bearing capacity of the subgrade in these two different sections of Woodgate Lane. Further investigation has revealed that the southerly portion of Woodgate Lane was constructed 0 in a"cur area whereas the northerly portion of Woodgate Lane was constructed in a"fill' area. • Why is Nestling Circle and Teal Cove considered for reconstruction under this project when they appear to have a significantly better surface condition than Woodgate Lane,WoodDuck Circle, CanvasBack Lane, and Drake Drive? The City's current reconstruction policy is such that when street rehabilitation is proposed in an area,the neighborhood as a whole is considered for reconstruction at the same time. • 2 3 • Can Teal Cove and Nestling Circle be considered with the future Woodgate Lane improvement? • Given the difference in surface condition of Woodgate Lane versus Teal Cove and Nestling Circle, and the existence of a future project in the area in the near future, staff could support the delaying of the Teal Cove and Nestling Circle rehabilitation until the balance of the Woodgate area is proposed for rehab. • How does the special assessment process work,when are payments due, and what happens If the amount proposed for the special assessment Is not acceptable to the property owner. Staff explained the Chapter 429 State Statute process as well as the City's policy to do appraisals of a representative sample of the properties associated with a street rehabilitation improvement. Staff explained the appeal process as well as the process associated with early payment or payment of the whole balance of the certified special assessment and the timing associated with each phase of that process. • What are the cost implications associated with delaying the Teal Cove and Nestling Circle street rehabilitation until a future time frame? The cost of the street rehabilitation as a whole is a function of the economy and the contractor's climate in which he is proposing to bid the improvements. As far as an inflation impact on the dollar value proposed for each lot as a result of a street rehabilitation, the cost associated with the street rehabilitation is determined by appraisal of an increase in market value, not necessarily the dollar cost of the improvement. There is no way of determining if the benefit today is going to equal the benefit in 12-24 months. Th: eefing adj rn d at approximately 8:45 p.m. kt GI/ A ss •ant C Engine MPF/jj Attachment: Site Plan Attendance List • cc: Greg Stonehouse, MSA Steve Gatlin, MSA 3 g(( • ■ t I t t -1 t 1 I t ■ ► ► I ♦® ' I 0%, I W ezi 'r Q• 1 _ ,. • -35-r.-,_ asi k 4' .. Z lc ir ,Q .:00:::: 0 . , . ..: . , . y -o 0 • J .•• v.,-- .1...y.:::: % 0 -, lir." ii • .. • , 0,4) ',lb, , 6k q -, 0 , ::....„. -, 4).‘ , m. op , t: %, „ tv' '„,..*,... AI:11,,..:' ...... . ' • ' ?1,q) il, et,c) .; ..:S.A . . ' -' . i,,■• • . 4 :-.. .le.ligtOr ...) q . % \* . __0. . . .�• r1 tip '♦f To q Or - � � �` �� 000 N4 iit:::::::::::::::::.4„ Qo ,� qR* . Ot2, pd 07t 4$ .....i.w........ ... \, ,.,.c :.......w....:::::::: ,.,i,.�o �6 w e\C 'tip 1� '\ - 41# de�y e P O 104 lypOO O�p'�o• At, .� ANA , P,�,O `�-* a . - 'N '''4 Q` '1 ' \.• t;400 _ c . \-1•V''‘,„v/Py-fev, O o� � 4,cocv 'i" . ty° \ ,t, Iv - - INFORMATIONAL MEETING MALLARD PARK 4TH ADDITION (WOODGATE LANE) MONDAY,JULY 101 1996 --6:30 P.M. ADDRESS 1. / _ 1. .!/h'I 612,1x ` .� - j e5 7` /+ i •52- 2. k.9-7fii/ s �..�. �( 3 - #6577, C A- Z, y y-'1ZSZ 530 a 3. „5-r -,/ • �"#o&, j `tJ V s _ 4. 11)acil )o Vic baSer j 7Z Ae2.4frn,' S Q ter I 4--77.,5-Z 550- oa 5• y3/ w 4 Gait ,.L4 I 41z52. 2"70 oa //i '� , l/ /7V2 CrolI6 LP- 4-7Z5-2. 404, 0 0 Z 7. 8. 9. 10. 11. 12. • 13. 14. 15. 16. 17. 18. 19. 20. LTS#5/SIGNIN.SHT/JJ 6., Agenda Information Memo July 18, 1995 O ,$ §ASS A. CONTRACT 95-08,TIMBERLINE ADDITION- ST RECONSTRUCTION ACTION TO BE CONSIDERED: 1. To receive the bids for Contract 95-08 (Timberline Addition- Street Reconstruction) and award the contract to the lowest responsible bidder. 2. Revise the pending assessment roll to reflect the preproject appraisal maximum benefit. FACTS: • On June 20,the City Council closed the public hearing and approved Project 643R providing for the reconstruction of streets and utilities within the Oslund-Timberline Addition. At that same meeting, the City Council approved the detailed plans and specifications and authorized the advertisement for competitive bids. • At 10:30 a.m., on July 14, formal bids were received for this project. Enclosed is a copy of the bid tabulation showing the relationship of the low bid to the estimate contained in the feasibility report. • Preliminary preproject appraisals estimated the maximum assessable benefit at approximately $2,000 per lot for street reconstruction only and $3,000 per lot if new concrete curb and gutter is installed as well. The results of the final preproject appraisal will not be available until the Council meeting itself. The City Attorney and/or Public Works Director will present the results of these findings at that time. ATTACHMENTS: (1) • Bid tabulation summary- page 1 . )111'10i1l,,iillih _city of eagan • OSLUND-TIMBERLINE ADDITION STREET RECONSTRUCTION CITY PROJECT#643R CONTRACT#95-08 BID DATE: FRIDAY, JULY 14, 1995 BID TIME: 10:30 A.M. CONTRACTORS TOTAL BASE BID 1. Master Asphalt $541,688.59 2. Northwest Asphalt 553,199.85 3. Bituminous Roadway 571,752.50 4. Valley Paving 598,118.05 5. McNamara Contracting 621,050.25 LOW BID $541,688.59 Feasibility Report Estimate $ 551,600.00 %Over (+) Under (-) - 1.80% Engineer's Estimate $ 568,000.00 %Over (+) Under (-) -4.63% • Agenda Information Memo July 18, 1995 Eagan City Council Meeting B. Request for Extension - Gardenwood Ponds Preliminary Subdivision ACTION TO BE CONSIDERED: 1. To approve or deny the requested extension for Preliminary Subdivision for Gardenwood Ponds Addition subject to the conditions listed in the staff memo dated July 5, 1995 FACTS: • The Preliminary Plat for Gardenwood Ponds expires July 19, 1995. ISSUES: The City Council continued this item from the July 11, 1995 meeting in order for an interpretation from the City Attorney on Condition #1 listed in the staff report regarding the permanent program rules for the Wetlands Conservation Act. The memo from the City Attorney will be included in the Administrative packet. • Agenda Information Memo July 18, 1995 Eagan City Council Meeting A. PRELIMINARY PLANNED DEVELOPMENT AMENDMENT. PRELIMINARY SUBDIVISION, AND CONDITIONAL USE PERMIT - TWIN CITY FEDERAL BANK ACTION TO BE CONSIDERED: 1. To approve or deny a two-phase Preliminary Planned Development Amendment consisting of four commercial buildings on 9.8 acres currently platted as Outlot D, Park Center Addition subject to the twelve conditions recommended by the Advisory Planning Commission. 2. To approve or deny a Preliminary Subdivision (Park Center Fifth Addition) consisting of one lot on 1.5 acres subject to the three conditions recommended by the Advisory Planning Commission. 3. To approve or deny a Conditional Use Permit to allow a pylon sign on Lot 1, Block 1, Park Center Fifth Addition. FACTS: • The Advisory Planning Commission conducted a public hearing on this proposal at its meeting of June 27, 1995. The Commission recommends approval of the amendment and subdivision subject to the fifteen conditions. BACKGROUND/ATTACHMENTS: (2) APC minutes - pages 4/ through 3 . Staff report - pages through (o. Page 9 June 27, 1995 ADVISORY PLANNING COMMIISSION TCF BANK MINNESOTA - PRELIMINARY PLANNED DEVELOPMENT, PRELIMINARY SUBDIVISION & CONDITIONAL USE PERMIT - PARK CENTER FIFTH ADDITION Acting Chairman Wallace opened the next public hearing of the evening regarding a Preliminary Planned Development to allow a 37,300 sq. ft.,retail building, a 30,500 sq. ft. retail building, a 195 seat restaurant, and a 5,200 sq. ft. bank and a Preliminary Subdivision (Park Center Fifth Addition) consisting of one lot on approximately 1.5 acres, and two Conditional Use Permits to allow a drive-thru and a pylon sign located on Outlot D, Park Center Addition, at the northwest intersection of Cliff Lake Road and Cliff Road in the SE1/4 of Section 30. Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staffs planning report dated May 18, 1995. Mr. Ridley noted the background and history and the existing conditions of the subject property. Mr. Ridley further highlighted the developer's request to deviate from City standards for the dimension of on-site parking requirements and the need for a conditional use permit for the proposed pylon sign for the Bank. A representative of the developer, Ron Krank, was present. Member Segal questioned Mr. Krank on the need to construct buildings to the rear with parking in front facing Cliff Road. Mr. Krank described this as a typical retail plan and indicated that customers want to see ample and adequate parking, security and visibility in a commercial Development. Member Hey' questioned Mr. Krank regarding available information on possible restaurant and retail tenants. Mr. Krank discussed possible tenants for a restaurant and retail space and noted that since the original plan, small shop retail had been deleted and replaced with two large format retailers. Member Carlson questioned Mr. Krank on the apparent lack of parking for the Bank customers and employees. Planner Ridley explained parking layout-on the property and Mr. Krank • highlighted the available employee only parking stalls which would be used by the Bank staff. Mr. Krank noted that seven employee parking spaces were provided and would be adequate for the number of employees used in this operation. Member Burdorf moved, Segal seconded, a motion to recommend approval of a Preliminary Planned Development to allow a 37,300 sq. ft. retail building, a 30,500 sq. ft. retail building, a 195 seat restaurant, and a 5,200 sq. ft. bank, located on Outlot D, Park Center Addition, at the northwest intersection of Cliff Lake Road and Cliff Road in the SE1/4 of Section 30, subject to the following conditions: 1 Page 10 June 27. 1995 ADVISORY PLANNING COMMISSION • Amended PD Agreement/Preliminary Plans 1. The developer shall execute an amendment to the existing Planned Development Agreement to incorporate the revised layout and terms. The Amended Planned Development shall expire in five years from the date of Council approval. 2. The City approves the preliminary Site, Grading, Utility, Lighting and Elevation Plans dated 5-1-95 with the latest revision dated 5-26-95. 3. The Preliminary Site Plan provides the following: a. 5,200 SF bank with seven drive-thru service lanes. b. 195 seat/5,400 SF Class I restaurant. c. 30,510 SF retail building. d. 37,300 SF retail building. 4. All building, parking/drive aisle, and landscaped areas shall be properly maintained. 5. The developer shall remove the existing sidewalk 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 exhibits are necessary for this Agreement: *Final Site Plan *Final Building Elevation Plan *Final Sign Plan *Final Landscape Plan Upon submission of these final plank, provided they are in conformance with the Preliminary PD, the Final PD may proceed to the City Council for approval. 7. All buildings shall be constructed of brick that matches the type and color of the brick used on the previous development's within the Park Center PD. Trash Enclosure/Rooftop Mechanical 8. All trash/recycling containers shall be stored within the building or in an enclosure attached to the principal building and constructed with a brick exterior to match the principal building. C? • Page 11 June 27. 1995 ADVISORY PLANNING COMMISSION 9. All rooftop mechanical equipment shall be screened from view. Signage 10. All building/directional and pylon signage shall comply with the City Code and the Park Center Pylon Sign Agreement. Landscaping 11. The developer shall revise the Preliminary Planting Plan to incorporate additional planting islands to equal at least five percent of the large parking area. 12. All landscaped and green areas shall be served by an underground irrigation system. • All approved in favor. Member Burdorf moved, Carlson seconded, a motion to recommend approval of a Preliminary Subdivision (Park Center Fifth Addition) consisting of one lot on approximately 1.5 acres, located on Outlot D, Park Center Addition, at the northwest intersection of Cliff Lake Road and Cliff Road in the SE1/4 of Section 30, 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, Cl, C2, C4, E1, F1, and Hl. 2. The developer shall plat the property. 3. The developer shall provide a catch basin structure connected to the existing storm sewer along the east edge of the site to drain storm run off from the ditch south of the existing access point to Taco Bell. All approved in favor. Member Burdorf moved, Carlson seconded, a motion to recommend approval of two Conditional Use Permits to allow a drive-thru and a pylon sign located on Outlot D, Park Center Addition, at the northwest intersection of Cliff Lake Road and Cliff Road in the SE1/4 of Section 30. All approved in favor. (32— • PLANNING REPORT CITY OF EAGAN REPORT DATE: May 18, 1995 CASE: 30-PP-16-5-95 APPLICANT: Twin City Federal Bank HEARING DATE: June 27, 1995 PROPERTY OWNER: Martin F. Colon PREPARED BY: Mike Ridley REQUEST: Preliminary Planned Development Amendment, Preliminary Subdivision (Park Center Fifth Addition), and a Conditional Use Permit for a Pylon Sign LOCATION: Outlot D, Park Center Addition COMPREHENSIVE PLAN: Commercial Planned Development (CPD) ZONING: Planned Development (PD) SUMMARY OF REQUEST Twin City Federal Bank is requesting approval of a Planned Development Amendment to allow a 37,300 SF retail building, a 30,500 SF retail building, a 195 seat restaurant, and a 5,200 SF bank with seven drive-thru banking lanes on Outlot D, Park Center Addition, a Preliminary Subdivision consisting of one lot on approximately 1.5 acres, and a Conditional Use Permit to allow a pylon sign on property currently platted as Outlot D, Park Center Addition located at the northwest intersection of Cliff Lake Road and Cliff Road (Co. Rd. #32) in the SE 1/4 of Section 30. • 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. Planning Report - Park Center Fifth Addition June 27, 1995 Page 2 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 The Park Center Planned Development (PD) Agreement entered into in August 1989, designated specific uses for four sites within the Park Center Addition. The four uses designated are listed below: Planned Development Agreement Ultimate Development Site 1: 4,500 SF Class I restaurant Taco Bell Restaurant (Class II) Site 2: 86,600 SF retail strip center undeveloped Site 3: 6,000 SF retail building Boston Chicken Restaurant qs_s) • Planning Report - Park Center Fifth Addition June 27, 1995 Page 3 Site 4: 4,800 SF bank Blockbuster Video EXISTING CONDITIONS The site (Outlot D) has been previously graded and is relatively flat with no wetlands or significant trees. As mentioned previously, the 9.8 acre outlot is the last undeveloped portion of the Park Center Planned Development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Rahn Park; zoned and designated Park South - Undeveloped/Taco Bell; zoned PD and designated Commercial PD (CPD) East - Cliff Lake Center; zoned PD and designated (CPD) West - Senior Housing; zoned R-4 and designated D-III, Mixed Residential (6-12 u/ac) EVALUATION OF REOUEST A. Preliminary Planned Development Amendment Phasing - The developer is proposing a two-phase approach for development of this outlot. Compatibility with Surrounding Area - The reconfiguration of the future retail development, the proposed bank, and the reduction in overall square footage will be compatible with existing and future development in this area. Site Development Plan -The amendment proposes a reduction in square footage for"Site 2" from the designated 86,600 SF to approximately 78,400 SF a revised configuration from a retail strip center and restaurant to two large retail tenants (37,300 SF and 30,500 SF), a 195 seat/5,400 SF restaurant, and the subject 5,200 SF bank. Specific users have not been identified for the restaurant or retail buildings; however, the applicant will be requesting Final Planned Development approval for the bank in conjunction with the Park Center Fifth Final Subdivision to be located in the northeast corner of Outlot D. Phase I The developer is proposing a maximum 5,200 SF TCF bank with six drive-thru teller lanes, one drive-thru ATM lane, and a by-pass drive lane on the proposed 1.5 acre Lot 1, Block 1, Park Center Fifth Addition. A Conditional Use Permit (CUP) would be required for the drive-thru service if this property had �C/ Planning Report - Park Center Fifth Addition June 27, 1995 Page 4 straight zoning but can be specifically permitted as a use in this PD. The Site Plan provides adequate stacking for each drive-thru lane. Parking - The developer is requesting to deviate from City standards for the dimension and amount of On-site parking requirements. The City's policy has been to require 10' wide parking spaces; however, the developer cannot meet the City's On-site parking requirements for a 5,200 SF bank (26 spaces) with 10 foot wide stalls. The developer is proposing 16-ten foot wide angled parking spaces for customers and 7-nine foot wide angled "employee" parking spaces. This mixture of stall sizes results in a parking shortage of 3 stalls. Setbacks - As proposed, all parking, drive aisle, and building setbacks are met. Building Exterior - The developer is proposing a brick building exterior that will be similar to • the brown tone brick used by the three other structures within the PD. Trash/Recycling - The developer is proposing a brick exterior trash/recycling enclosure on the north side of the bank building that will be constructed of the same materials used for the principal building. Rooftop Mechanical - Elevation drawings provided by the developer show that all rooftop mechanical equipment will be screened from view. Signage - The developer is proposing a pylon sign near the southeast corner'of the 1.5 acre site; however, the Park Center Pylon Sign Agreement between Federal Land Company and the City provided for only four(4) pylon signs for the entire Park Center development, all of which to be located along-Cliff Road. To date, three of the four allotted pylon signs have been constructed. The proposed pylon sign for the bank is not consistent with the Agreement and therefore, requires a CUP: The proposed bank is allowed building signage only on the east building elevation. Directional signage shown on the Site Plan shall be limited to simple nameplate signs that do not exceed 3 SF in size and the copy shall be limited to simple directions (ie. drive-up teller, one way, customer parking, etc.) and shall not include the business name or identifying logos. Landscaping - The Landscape Plan submitted for the proposed bank site is acceptable. Phase II Parking Ci ty Code required On-site parking (437 stalls) is provided on the preliminary development plan for the two retail buildings and the restaurant. Development of this area will . 9 7 Planning Report - Park Center Fifth Addition June 27, 1995 Page 5 require platting-which will likely result in additional right-of-way dedication being required by Dakota County for Cliff Road which, in turn, will reduce the amount land available for parking. This could affect the ultimate building area permitted. Building Exterior - The developer is proposing a brick building exterior that should be similar to the brown tone brick used by the three other structures within the PD. Trash/Recycling - All trash and recycling containers should be stored within the principal buildings or in enclosures that are attached to the building and constructed with similar brick exteriors to match the principal building. • Rooftop Mechanical - Elevation drawings provided by the developer show that all rooftop mechanical equipment will be screened from view. Signage - All signage should comply with the City Code and the Park Center Pylon Sign Agreement. Landscaping - The preliminary planting plan is unacceptable. The City's Landscape Ordinance requires planting islands to occupy at least 5% of any parking area for more than 50 vehicles. The developer should revise the Preliminary Planting Plan to incorporate additional planting islands in this large parking area. The developer is proposing landscaping materials along the southern perimeter of the parking area along Cliff Road that will continue the theme established on the Taco Bell, Blockbuster Video, and Boston Chicken sites. B. Preliminary Subdivision • Lots - The developer is proposing to subdivide a 1.5 acre lot from the 9.8 acre Outlot D, Park Center Addition. Grading/Wetlands-The Grading Plan submitted is acceptable. A limited amount of grading will be necessary to prepare the site for development. There are no jurisdictional wetlands on this site. Storm Drainage/Water Quality - Minor modifications are necessary to the Storm Drainage Plan. Storm drainage from the site will be routed from south to north to an existing 42" storm pipe located along the northern edge of the property. The developer should remove the existing culvert that drains the low ditch area south of the existing access to Taco Bell and provide a catch basin structure connected to the existing storm sewer located along the east edge of the site. opg • Planning Report - Park Center Fifth Addition June 27, 1995 Page 6 Water quality requirements were previously met for this site and the entire Park Center PD with the construction of a detention basin (Pond AP-50). Utilities - The Utility Plan is acceptable. Access/Street Design - The Access Plan is acceptable. Easements/Rights of Way/Permits - Adequate public right-of-way exists for Cliff Lake Road and the existing 30' private road easement providing internal access to the proposed bank site, Taco Bell and the remainder of Outlot D is also adequate. Tree Preservation The site contains no significant trees. Parks and Recreation - The developer will be subject to a cash park and trail dedication. SUMMARY/CONCLUSION The proposed Preliminary Planned Development Amendment appears compatible with the area. The Amendment primarily results in a reconfiguration of the original conceptual layout and a reduction in ultimate retail square footage to be developed on Outlot D. The proposed bank will be compatible with existing and future development within the Park Center PD and the area in general. ACTION TO BE CONSIDERED To approve/deny a two-phase Preliminary Planned Development Amendment consisting of.four buildings on 9.8 acres identified as Site 2 within the Park Center Planned Development. To approve/deny the Preliminary Subdivision for Park Center Fifth Addition consisting of one lot on 1.5 acres. To approve/deny a Conditional Use Permit to allow a pylon sign on Lot 1, Block 1,Park Center Fifth Addition. Approval subject to the conditions listed below. Preliminary Planned Development Amendment Amended PD Agreement/Preliminary Plans 1. The developer shall execute an amendment to the existing Planned Development Agreement to incorporate the revised layout and terms. The Amended Planned Development shall expire in 5 years from the date of Council approval. • Planning Report - Park Center Fifth Addition June 27, 1995 Page 7 2. The City approves the preliminary Site, Grading, Utility, Lighting, and Elevation Plans dated 5-1-95 with the latest revision date of 5-26-95. 3. The Preliminary Site Plan provides the following: a. 5,200 SF bank with seven drive-thru service lanes. b. 195 seat/5,400 SF Class I restaurant. c. 30,510 SF retail building. d. 37,300 SF retail building. 4. All building, parking/drive aisle, and landscaped areas shall be properly maintained. 5. The developer shall remove the existing sidewalk 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 exhibits are necessary for this Agreement: * Final Site Plan * Final Building Elevation Plan * Final Sign Plan * Final Landscape Plan Upon submission of these final plans, provided they are in conformance with the Preliminary P D, the Final PD may proceed to the City Council for approval. . .7. All buildings.shall be constructed of brick that matches the type and color of the brick used on the previous development's within the Park Center PD. Trash Enclosure/Rooftop Mechanical 8. All trash/recycling containers shall be stored within the building or in an enclosure attached to the principal building and constructed with a brick exterior to match the principal building. 9. All rooftop mechanical equipment shall be screened from view. Signage 10. All building/directional and pylon signage shall comply with the City Code and the Park Center Pylon Sign Agreement. Landscaping • V • • Planning Report - Park Center Fifth Addition June 27, 1995 Page 8 11. The developer shall revise the Preliminary Planting Plan to incorporate additional planting islands to equal at least 5 percent of the large parking area. 12. All landscaped and green areas shall be served by an underground irrigation system. Preliminary Subdivision Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, Cl, C2, C4, El, Fl, and H1. 2. The developer shall plat the property. 3. The developer shall provide a catch basin structure connected to the existing storm sewer along the east edge of the site to drain storm run off from the ditch south of the existing access point to Taco Bell. • V l STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept Its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates In effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot Unes and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the • plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. • 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate Jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to-incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 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. t, 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 lmprovemenss .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 Traits 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. L 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: August 25. 1987 _ September 15, 1987 Revised: July 10. 199n Revised: _February 2. 1993 LTS05 3 STANDARD.CON FINANCIAL OBLIGATION - Park Center Fifth There are pay-off balances of special assessments totaling $186,644 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer Trunk C/I $.04/sq ft 67,954 sq ft $2,718 Water Availability Charge C/I $2,745/Ac 1.56 Ac 4.282 Total $7,000 L Di( gr. ,-,.. /l`/!I � )'' v/ylA rj * "lZl e'Tt. �IW v�1, / ' t r • i Q�)) 1080 T 1YL....a MAN). i II ti 7 yl I ( LA. �-' '�' J ! Ril 1µ1,.11r MAL ∎11:- �� ci C 'L 1:71\ :mot - - 7 PP-JAL (+�"'' ' ' � . CI, ..iL . I , 1.r J.1IIV 3..aAWRAw.FL / fr a n 4C , l , I; rl t' . i r11IRt � ,� 'y ,.I.,yA,.,..al u+ J O /+�"p�� w11M,M N�\• CEDAF2� I. 1 1 ,or+1 + �: '' ' WK ` POND y I ^ C, ZFCONJ G1. / y~ " T 'REY RO. RK D P(-----1• I I CORAL LAM CT. ,��j,Q,, o .∎V i.'0.0 -�, - - )7,2 i T C 7 � . 4:1•4 0 .gig t .74- ' ,--_f / ': O f. e u • .. ty of u{'l> n u I.rill <�, . H n w.•�� - 1C1 aC is 1E 11, ] 4��\ • ` 'y y 1EAR P1T . x CAN A•UA CR �n l % 74 I y f F O 2' �I 1!19 ti IL,0• 1,',-, 1 F --) \( (-- 4. 1 7..,,, u S►.ALE L , '�Q Dow /x >E I 43�� . 11wIItr_I '1 Ok• Iq �,. .- r' �Qlll11�115�+,1 In1 Sl� a lI1 R I r r�1 >:l RN II a- `W cc .�(,.. t' t A LLAR z � L � R�AMrdV :,.t:•l V °J I 1 ,(, r s RK �`, I.� $t tNsnW.tiy 4 rc w CLIFF,_ KE Y r n 1FF �▪�R0. ` IFF I 11 M R y - n ''� C• R0. 32 ��lU▪ ' QiF HOAO f+f� `�I�MAtJ+ui C . l a p:///77......11CAL.cArYJE w,►r I tt? el' . .AY ali.,�+t o QIy I 4�4 i:91:4 aal. �„'. 1 L=wtrS ��f /d'7 Yr,. 1' C! i 1 " Ni...‘ 111 i o'., !WI". w1l'. KETT �` �� l s z Pw G�It oR. /" P �` c`'cT. '\ ��1.1 1 , if,�'wL�; S. fg 0 4, L......4.1.2. '. I " t ' �I M• i53. I \ I 3.; " r.2 I L C >` "�J /�� tr RIOCECLIFF PARK f CO. r .r- ■I CI• tr sMt►T. 12_SALO.It. 1; �. u 11 t a-Luu rt. no.w+wta rt °t ar1EF '`u la.r.slulo IL Ia-su.ar.rr, CT. C1i. pi , //.1I , r �.1 1r.woon rr. 11.-1«IA rt. u 'j^•/. 1 �• •� l.-0., .dal rt. la,-IATw MI. •MML� �t . .a P.C. h• ,(wpwun R. 21►_1•IA"I:Iw►r. t �jp a /U.-WWw1 r6 21�KIA M. • Pillti .�� R u I Ir II.�1p1 rt. I , �n r1Y�1 r I " S1 G17 LE�IC'S V 0.15 ,,t y RWRO • APPLE VALLEY LOCATION C) - • Jr , -..__ r .-. ' ; i 11;11;,•;"1< I.).f till 11.... '"'+r ► 0.GB e 1 NB A'I 11 T� 111 , .. „fir ; e.+ A f,./ .. •.• d i�, 1 111 1 .4a v :ri - 1'f:''', .'e'7/7/1' IF tiv 4edai.l. . / I (• .-- csn � W -"M/ � ' 1 ..•r.......-.�r r�T+•rr -r 1t! 1 ; c : I.� , / l f ri�:. i( ZONING _ i<'"�.�... `c,•(*• ' ':,�. kut,,i U • in .4NN • Y ` 1 cri 5' ,.,r Pik. "� 11 . PD (Planned Development) '"' �- �/* 1� j ilr"Y7' 4 �'tif. CECM n ` _4 •• i ! F , CLE�ItYt�! G/J:, CL1►F ` X11l v:� ` : 1I 7..I�,..j•:r _`f A •i 1.1 1(•1 r, � "' iii .i. ��: N1�rh 19 amili ` 4.0' )1/' ./.::".T' '� A IIAI', A A1iAI•rti I- All •L8 'L1l�ql5' /' ' �� to ii R.I ;hC�:l.',I , •I�_ :, U ry pi. b %�, pr ' un.�y • �ti! du• gyp., r r1IF g . .. I flV 1 / '4*frf ; `: H:r ;.t rurPK►rr.• i . . ' I 10 �CPD /GB r.:1n D•I11 � ,NN ur...: flB Pf PF NB •----. I Pf rJ N Pf II I I I I •�. I' 0.111 7/j 1 _ 0•I V GUIDE PLAN 1=1 D.11 cB .� 1 l •—• ` . D COMPREHENSIVE GNU E �B ..L_,-1- P • CPD (Commercial Planned y 1 PF.' °i' ; i , Development) 0�"• ^� P I',,- ,_E 11 1 I • 0.111 • ♦ -r . . > D•IV NU L8 p CPS / �Pf 0.1 1 1 . I -- we D•1 NB : LB f �� —' r! LB • l r• 0.111 ^l LB • 11 w Aillik L----- 0'11 P iF ti-'- /�- ' P l 0.1 �_I 1 ~-.__I ..."... C)(CD : EXHIBIT B: DEVELOPMENT PLAN . (SKETCH PLAN) . ,s.■r.r ..-.rte.,.s ,.. .../ ram_;l . ,_. ,WPM��..r...� •,,m / SITE 2 . .jI if / / •• 11_ .... . . ' I SITL 4 S278 3 ••I ... +• rillitininia 1:11 1. I t •" SITE 1�■ .i Cu = ... t es I I y..3 = 170 I..•«:t• ..•....-. ••• !:1 III; •1" C. • • • .. • IMP OM ..r.M �.�.��••..... • 1 l • - EXfiIBIT C: USES Cite 1: .99 acres 4,500 sq. It. Class I restaurant Site 2: 9.87 acres 86,600 sq. ft. retail strip center site 3: .94 acres 6,000 sq. ft. retail building Site 4: .93 acres 4,80-0 sq. ft. bank (NOTE: internal road right-of-way not included in area) ORIGINAL PROPOSAL tr.13-1 . • KKE •• Itorw•Nr Kruk 4kl,o. A/.Al,t(II.Ac. i rl..ban.t...I •`i alt/1 It tile NNI NO III OM v r I PARK CENTER fo. r __Tr_ _ rTi_.- J EAOAtI,MINNESOTA [- 1 -.---t' NM• C d • WIG I/ t♦MAIL A ri 191 I ,� • lal I MOMS•+. 1./.,-• :i I • • • `e — � .III rar Lill LW . --....„,—..„----4,__ t -•"r�A•1. =�r• = , '� �/• a Ir111~YCI•R6II•N FEDERAL LAND MMt1 mt: j., r'.= fl. •' f iw1►wnunlirn.n COMPANY 1� ..� '�'�� - 1 t a rumweY11N•Imato Itch. = +m " - CC I ulwoe SITE PLAN ii.,, ~—- _ _.. _ • -- - • ..' ',.1 oftIU A um.�ao.�. _ _= — _ -- = �••• ', CITY SUBMIT!AL • I C =_ _ ••-. - = ~ I YSTAI�II T vi, . • �1 r — - _ /1 •.....w r.....••...•. ` --t:1—.I1 -1_ 1 orl.r•r..a•.o.•.•.o .r ..•.••••••r•Nw•....�.. _ r r •.o..k w t — NI •� 111111111111111 l 111 u t�rn11}rte..—_`_,___... J_ 12-- 1l21G�e_. - - - - - nr� -- -��•I MID I IIWY 111 ..—-- - .—.---.. I C -- -•- - .... -- 911;�AN -�r - t- ��p� _ .. - - • /rUf1al Mils-21•f.111111 •••• .r. - 1:1 IS 1 1 1••-0 1 , \ , i--] II PARK CENTER r.r / 7 I EAGAN,MINNESOTA ri___ / _� 1 • ..,___�.r i — t� _...I�- 1 t L•�∎,1 .� FEDERAL LAND i CZ. =� COMPANY 1 LJ1I — cJ UTILITY PLAN 1 I.....10 4:=% — — _ E =E wrl.rrrlrlr . 1 .--.... ...-..... ._ H IIIIIIIIIIIIIIIIIIIII , ; �" dir OW(load '`{�+�I ■ ■AMU. 7ru _ • • . a - U- -- -- rrrr_ _�- .wu.r-�■ • q IR yam -4 a.mad ....L4 /2.6-Wit.—.......... • ��III" jr .�fIf ��nip;�r ____ ..............______, ,---/---, �i PARK CENTER EAGAN,MINNESOTA„it 1 ILl / �„i_�. -'�r � 15/yam',/ ��_-III � �-w� / �cr, - t \\•\:..\;17r.1110 ...........,'' il1 .... __A, .... - .... — J Ir' DELAND COMPANY. --1—...---:—.----,., 1-Will — _awn+ _~_ ' l _ PRELIMINARY 1 _� � _ �_— 1 GRAM)PLAN • 141 — ...*:, Al 1bl,, i� _ I y � A Y r r r_—r— ageIamr•L • can Road ®�-•r�► —— wWIilwI�d �..r.. • — G — gg.'i1'il• ”' M.R......A, ... / 1' ww awr. 4' "k. ... , ==rte• _ a51 _ IC ..1 1t �w,.a.7' _ �►-'�gasr.z..r...,0 r=Mr.--� '-" I ,�*ate' = I�� / 1,�, 4, . 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A. iLt."-.;.zz . -- .- .-,-,..., -- --, — t >,\■1 ; ,s, ,v.:-...----=-\--- ,77-7,-r, 7_, , -. \''.:i_i, 1 5`---i'u il‘......-174-1,;-....- --;- ----..., .-.,i \--) 1■.• I t i •\.t* 1 • ...I. ) ): 1 I ■r.-10.4 -1 ' k •• t4 ..i •; 1 \ co / ....... ,:410:t.'tts, , II 4 , i I., I /.4 t.1. ■ 1 I '1 ' 1 I i.i \i: i rit 1 gV ±_---_- \ , - I t ■, \ ■ y • 11!il>41e. • • . I‘\ ■ \ 1 \ 11 P 41 I : 1 k \s ■.-1/ ., I • , • . .. 1 [ -- ,, k \\... ,' L.f."\v\\\\ j i I - • \ 1 \ \ .-.--• i ,' ....k\\ \....._..../ . •I e. oz. . •'-' \\ ss•-........ \ 4▪ . -- /( (0 7 1 ... k 1 • 1.., ' i L'I'• . 1 1 Agenda Information Memo July 18, 1995 Eagan City Council Meeting B. PRELIMINARY PLANNED DEVELOPMENT AMENDMENT. PRELIMINARY SUBDIVISION - HOFFMAN HOMES, INC. ACTION TO BE CONSIDERED: 1. To approve or deny a Preliminary Planned Development Amendment to allow residential development on approximately 24 acres currently platted as Outlot E, Cliff Lake Center subject to the six conditions recommended by the Advisory Planning Commission. 2. To approve or deny a Preliminary Subdivision (Cliff Lake Shores) consisting of 73 lots on approximately 24 acres subject to the eleven conditions recommended by the Advisory Planning Commission. FACTS: • The Advisory Planning Commission conducted a public hearing on this proposal at its meeting of June 27, 1995. The Commission recommends approval of the amendment and subdivision subject to the seventeen conditions. BACKGROUND/ATTACHMENTS: (2) / APC minutes - pages ( / through /02 . Staff report - pages e?. hrough Page 12 June 27. 1995 ADVISORY PLANNING COMMISSION CLIFF LAKE SHORES - PRELIMINARY PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION - HOFFMAN HOMES, INC. Acting Chairman Wallace opened the next public hearing of the evening regarding a Preliminary Planned Development Amendment to allow a residential development and a Preliminary Subdivision (Cliff Lake Shores) consisting of 73 lots and one outlot on approximately 24 acres on Outlot E, Cliff Lake Center (P.I.D. #10-17780- 050-00) located south of Cliff Lake Road, west of I-35E and northeast of Cliff Lake in the SW1/4 of Section 29. Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staffs planning report dated May 15, 1995. Mr. Ridley noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Ridley noted that the subject property represents the last large undeveloped parcel within this planned development. Mr. Ridley discussed the density lots, setbacks and specifically highlighted that the developer was proposing additional 16-guest parking stalls which would exceed the City Code parking provision requirements. Mr. Ridley discussed the building architecture, landscaping, grading, drainage and tree preservation. Mr. Ridley concluded that the development appears to be compatible with the area. The applicant Patrick Hoffman was present and presented highlights of the proposal to the Commission highlighting the 70 upscale townhomes, private secure area, seven four-plex buildings consisting of two to three bedrooms and 1,650 square feet of living area, 15 rambler style units and six large units backing up to Cliff Lake with an expected price range of approximately $200,000.00. Mr. Hoffman highlighted the tree preservation efforts undertaken in the proposed development, the open spaces throughout the development and the preservation of the existing ,barn on the development for preservation for historical use. Member Hey! questioned Mr. Hoffman on the distance of the north and south homes from the southbound I-35E exit ramp to Cliff Road. Mr. Hoffman advised that 110 feet separates the closest paved surface of the freeway from the nearest property lines and that additional plantings are proposed to further buffer the proposed development from the traffic on the freeway ramp. Member Burdorf questioned the applicant on the request for a setback variance on Lot 26. Mr. Hoffman stated that the requested setback variance was not based on density. Tim Erkla, a representative of the applicant, advised the Commission that the proposed setback for Lot 26 allows use of the best space and no neighbor to that lot would be affected and that the proposal maximizes tree preservation. Member Segal inquired as to what requirements were necessary to make the proposed access/street design and circulation acceptable. In response to Member Segal's Page 13 June 27, 1995 ADVISORY PLANNING COMMISSION • inquiry, City Attorney Dougherty advised that as a result of 1994 legislative changes raises tax concerns regarding the current "Outlot A" designation. City Attorney Dougherty noted that the developer could provide a private ingress/egress access easement to provide access to each lot. The developer indicated that an easement would be acceptable. Planner Ridley explained how the proposed units were shifted to save a 52-inch oak tree. Community Development Director Reichert led discussion on the need to have some zoning designation for the exception parcel, particularly because the existing Planned Development Agreement allows for high density residential and commercial uses but identifies no specific uses other than listing the maximum residential density to the property. City Attorney Dougherty advised that zoning recommendations and/or changes would require public notice. Member Heyl moved, Burdorf seconded, a motion to recommend approval of Preliminary Planned Development Amendment to allow a residential development on approximately 24 acres on Outlot E, Cliff Lake Center (P.I.D. 410-17780-050-00) located south of Cliff Lake Road, west of I-35E and northeast of Cliff Lake in the SW'/4 of Section 29, subject to the following conditions: 1. Execution of a:Planned Development Amendment Agreement. 2. The amended Planned Development shall expire in five years from Council approval. 3. A 28 building, 70 unit, twin and quad home residential project to be platted as "Cliff Lake Shores" is approved as shown on the Site Plan dated May 26, 1995, for Outlot E, Cliff Lake Centre as part of the Eagan Hills West Planned Development. 4. A Final Planned Development Agreement for this site shall be executed prior to Final Subdivision and Final Planned Development approval. The following exhibits are necessary for this Agreement: *Final Site Plan *Final Building Elevation Plans. *Final Landscape Plan superimposed on the Final Grading Plan Upon submission of these final plans, provided they are in conformance with the Preliminary PD, the.Final PD may proceed to the City Council for approval. 5. All landscaped and green areas shall be served by an underground irrigation system. Page 14 June 27, 1995 ADVISORY PLANNING COMMISSION 6. All trash/recycling containers shall be stored in individual garages. All approved in favor. Member Hey! made a motion to recommend that the City Council consider establishing a zoning status for the subject property and Isberg seconded. All approved in favor. Member Hey] moved, Segal seconded, a motion to recommend approval of a Preliminary Subdivision (Cliff Lake Shores) consisting of 73 lots and one outlot on approximately 24 acres on Outlot E, Cliff Lake Center (P.I.D. #10-17780-050-00) located __ south of Cliff Lake Road, west of I-35E and northeast of Cliff Lake in the SW%4 of Section 29, 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, B4, Cl, C2, C3, C4, D1, El, Fl, G1, and H1. 2. The developer shall plat the property. Homeowner's Association 3. The developer shall be responsible for preparing and recording with the - plat, appropriate documents establishing a homeowner's association. The documents must be submitted and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the homeowner's association shall be recorded with the plat. Grading/Drainage 4. The developer shall construct additional catch basins near the entrance to the development. 5. The developer shall provide detailed plans and specifications for the retaining wall construction. 6. The developer shall provide measures to prevent erosion from occurring into Cliff Lake and off site. Page 15 June 27, 1995 ADVISORY PLANNING COMMISSION • 7. The developer shall delineate the buffer area from the 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. Access . - 9. The developer shall prepare a private ingress/egress document to be reviewed and approved by the City Attorney's Office prior to Council action on the Final Subdivision. The developer shall record the private ingress/egress easement with the plat. Dedications 10. The developer shall pay a cash water quality dedication. 11. The developer shall be responsible for providing access to the exception parcel (Boesel Farm). All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 15, 1995 CASE: 29-PP-17-5-95 APPLICANT: Patrick Hoffman HEARING DATE: June 27, 1995 PROPERTY OWNER: Cliff Road Properties PREPARED BY: Mike Ridley REQUEST: Preliminary Planned Development Amendment and a Preliminary Subdivision(Cliff Lake Shores) LOCATION: Outlot E, Cliff Lake Centre • • COMPREHENSIVE PLAN: Commercial Planned Development (CPD) ZONING: Planned Development (PD) SUMMARY OF REOUEST Patrick Hoffman of Hoffman Homes, Inc., is requesting approval of a Preliminary Planned Development Amendment to allow a residential development, and a Preliminary Subdivision consisting of 73 lots and one outlot on approximately 24 acres identified as Outlot E, Cliff Lake Centre (PID# 10-17780 - 050-00) located south of Cliff Lake Road, west of I-35E, and northeast of Cliff Lake in the SW 1/4 of Section 29. 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. Planning Report - Cliff Lake Shores June 27, 1995 Page 2 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 The 24 acre site is located within the 384 acre Eagan Hills West Planned Development (PD) that was created in 1979 with a 15 year term. Although the PD has expired, the City Council has not taken action to terminate the agreement. The subject site represents the last undeveloped parcel within this PD. The current PD zoning of the parcel (as provided in the PD Agreement) allows for high density residential (16+ u/ac) and commercial CSC-RB-LB uses. There were no specific uses identified other than that the residential density listed is a maximum and that less density shall be permitted • Planning Report - Cliff Lake Shores - June 27, 1995 Page 3 at the developer's sole discretion. EXISTING CONDITIONS The site contains a rolling topography that ranges from a low elevation of 890 (ordinary water level of Cliff Lake) to a high elevation of 944 in the northeastern corner of the property. The property had been farmed which results in the majority of the site being open grassland. The significant trees and woodlands are primarily concentrated around the lake and the western property line just north of the lake. ;The old Boesel farm house is still occupied by Ms. Anna Boesel and four of the associated out buildings are included in a 1.4 acre exception area located near the center of the site. An old unoccupied residence, barn, silo, and a couple of out buildings located outside of the exception area will be removed as part of this development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: - North - Cliff Lake Townhomes, zoned PD, and guided D-III, Mixed Residential (6-12 u/ac). South - Cliff Lake (DNR designated Pitt Lake)/Cliff Road. East - Blackhawk Road/I-35E. West - Cliff Lake Centre (Cub Foods), zoned PD, and guided CPD. EVALUATION OF REOUEST A. Preliminary Planned Development • • Compatibility-with Surrounding Area-The area surrounding the proposed residential development has developed (Cliff Lake Centre) or has been approved for a specific development (Cliff Lake Townhomes - phase II). With appropriate screening of the subdivision from the retail development to the west and the interstate freeway to the east, the development appears to be compatible with the area. The amenity provided by Cliff Lake also adds a desirable quality to the proposed residential development. - Density - The developer is proposing a gross site density of 2.9 units/acre and a net site density of 3.7 units /acre. The proposed density is consistent with Eagan Hills West PD Agreement. Lots - Although each unit will be platted as an individual lot, the average amount of site area per unit exceeds 11,000 SF. Setbacks - The developer is requesting several deviations from City Code standard setback requirements. Specifically,setback variations from MnDot right-of-way are proposed for a portion Planning Report - Cliff Lake Shores June 27, 1995 Page 4 of the circular private drive (no setback proposed), Lots 5, 8, 9, and 12, Block 1 (45' setback proposed), and Lot 26, Block 3 (36' setback proposed). The City Code requires a minimum street setback of 20' and building setback of 50'. The closest paved surface of the freeway (the southbound I-35E exit ramp to Cliff Road) to the property line is 110' and all other building and street setbacks are met. Building Architecture - All units will be constructed with a maintenance-free exterior including an approximate average of 20% brick. The developer is proposing three unit types with a base price starting at $100,000 for the quad units and $140,000 or $180,000 for the two duplex unit types. Parking/Guest Parking- Each unit includes a two-car garage which meets the City Code required parking provision and the developer is also providing an additional 16 guest parking stalls. Landscaping - The Landscape Plan is acceptable. The developer has revised the plan to provide for required screening along MnDot right-of-way and retaining walls have been added in the backyards of units backing up to Cliff Lake Centre. The site grade falls off towards the shopping center which made screening difficult. The retaining walls will provide a small, flat backyard area that will be treated with evergreen trees and shrubs that will provide effective year-round screening of the top of the shopping center Homeowner's Association -The developer should be responsible for preparing and recording with the plat, appropriate documents establishing a homeowner's association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the homeowner's association should be recorded with the plat. B. Preliminary Subdivision • Grading/ Wetlands - Minor revisions to the Grading Plan are necessary. The proposed grading minimizes the site run off to Cliff Lake. The developer should revise the Grading Plan to include detailed plans and specifications for the proposed retaining wall construction. The only wetland on site is Cliff Lake which is designated as a Class II - indirect contact recreation water body, in the City's water quality management plan. The developer has incorporated several provisions that will protect Cliff Lake and the adjacent wetland/upland complex. The developer is proposing to maintain a 50'wide buffer of the existing vegetation measured back • from the ordinary high water mark (OWHM). This buffer area should be identified and designated as a permanently protected area on the Grading Plan. The limits of this area should also be marked in the field prior to any site grading. p , Planning Report - Cliff Lake Shores June 27, 1995 Page 5 Storm Drainage/Water Ouality -Minor revisions are necessary to the Storm Drainage Plan. Storm water generated from this site will be directed off-site to an existing storm water basin (AP-23). A large storm event will exceed the design capacity for this development which will cause excess run off to overflow the entrance to the site and cause ponding in the low point of Cliff Lake Road. The developer should add additional catch basins beyond those proposed to minimize the potential for flooding. AP-23 is located on the north side of Cliff Lake Road and because it is off site, staff is recommending a cash water quality dedication for this project to the Advisory Parks, Recreation, and Natural Resource Commission (APRNRC). A small portion of the site will drain to Cliff Lake Centre and the developer should take precautions during grading and construction to prevent any erosion from occurring from the steep slope on the west side of the site on to the shopping center property. Utilities - The Utility Plan is acceptable. Sanitary sewer and water main stubs were previously provided to this site as part of the Cliff Lake Centre development and the associated construction of Cliff Lake Road. Access/Street Design -The proposed access and circulation is unacceptable. A single access point is provided to the site from Cliff Lake Road and internal circulation is provided via private street and drive network. The developer should revise the plans to remove the "Outlot A" designation for the private street and instead provide a private ingress/egress access easement to provide access to each lot. This private ingress/egress access document should be reviewed and approved by the City Attorney prior to Council action on the Final Subdivision. This easement document should also be recorded with the plat. The existing curb cut entrance to the site was also provided when Cliff Lake Road was constructed. The City Fire Marshal has reviewed and approved the site's internal access. Easements/Rights of Way/Permits - The developer will be required to acquire a permit from MnDot to allow a small amount of grading in the I-3 5E right-of-way. Tree Preservation -The Tree Preservation Plan is acceptable. The developer is proposing a single phase development that is allowed a significant tree removal of 47.5%. There are total of 156 significant trees on site and the developer is proposing to remove 42 of those trees or 26.7%; therefore, no mitigation is required. Parks and Recreation - Park and recreation dedications were satisfied previously. /C)6° Planning Report - Cliff Lake Shores June 27, 1995 Page 6 SUMMARY/CONCLUSION As designed, the development will be compatible with the surrounding area. The developer is proposing a "site sensitive" residential development that takes advantage of the existing wetland, limits the amount of tree removal, and provides adequate screening of the site from the _ surrounding land uses. ACTION TO BE CONSIDERED To approve/deny a Preliminary Planned Development Amendment to allow a mixture of duplex and quad-type residential units on Outlot E, Cliff Lake Centre which is located within the Eagan Hills West Planned Development. To approve/deny the Cliff Lake Shores Preliminary Subdivision consisting of 73 lots on 24.24 acres located south of Cliff Lake Road, west of I-35E, and northeast of Cliff Lake. Approval subject to the conditions listed below. Preliminary Planned Development Amendment 1. Execution of a Planned Development Amendment Agreement. 2. The amended Planned Development shall expire in 5 years from Council approval. 3. A 28 building, 70 unit, twin and quad home residential project to be platted as "Cliff Lake Shores" is approved as shown on the Site Plan dated May 26, 1995, for Outlot E, Cliff Lake Centre as part of the Eagan Hills West Planned Development. 4. A Final Planned Development Agreement for this site shall be executed prior to Final Subdivision and Final Planned Development approval. The following exhibits are necessary for this Agreement: * Final Site Plan * Final Building Elevation Plans * Final Landscape Plan superimposed on the Final Grading Plan Upon submission of these final plans, provided they are in conformance with the Preliminary PD, the Final PD may proceed to the City Council for approval. 5. All landscaped and green areas shall be served by an underground irrigation system. 6. All trash/recycling containers shall be stored in individual garages. Planning Report - Cliff Lake Shores June 27, 1995 Page 7 7. Setback deviations from MnDot right-of-way shall be allowed as presented for the private street, Lots 5, 8, 9, and 12, Block 1, and Lot 26, Block 3. Preliminary Subdivision 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, B4, Cl, C2, C3, C4, D1, El, Fl, Gl, and H1. 2. The developer shall plat the property. Homeowner's Association 3. The developer shall be responsible for preparing and recording with the plat, appropriate documents establishing a homeowner's association. The documents must be submitted and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the homeowner's association shall be recorded with the plat. Grading/Drainage 4. The developer shall construct additional catch basins near the entrance to the development. 5. The developer shall provide detailed plans and specifications for the retaining wall construction. 6. The developer shall provide measures to prevent erosion from occurring into Cliff Lake and off site. 7. The developer shall delineate the buffer area from the 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. Access 9. The developer shall prepare a private ingress/egress document to be reviewed and approved by the City Attorney's office prior to Council action on the Final Subdivision. The developer shall record the private ingress/egress easement with the plat. Dedications 10. The developer shall pay a cash water quality dedication. /C)? • FINANCIAL OBLIGATION - Cliff Lake Shores There are pay-off balances of special assessments totaling $392,935 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 the 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 CI • NY ci 07 :-.\- 1,4:0.- 1' air r S(�ii+ I ;1 a bi C K"�� 'z 1. 1;„,„4145" �' �1,'�rl �}c I _ a' nl WIRPMY I { 1 ••• �j^ • ll '! ABef+O TR. - f I ' (k-------1 1 ottKw000 I oR. K 4 WWI DIAL EY :44 'I'll n iAll.l 10/, f ! 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I __., .:___ .r., , .,;,.1 .,,_,....-.1)..0:13.,* It g a-3,i..r. ...,,k, _ 1.;:,..,..;.., s..r.,471.....4 ‘s.,..--4 --...-....4._:::: mi !l) L '.2.1. te _ �_ o 1 • 7:t! ..Q.;,.... ''' I ./ a W.:: , ' st. e .., LT w • 4 i forrc,;-,- re; 4-,_L /. 7 CO iiiem... CC t,SiptA.•J[`�y7/(�+. �:�frj.�.4.'4;: =, !— emu•--.ut 1 fici• -p ,z, ....2,,_ .i. .L.---. -'41.4 IV, 12 Iv., z . • 5k.:17-.1,'Tit",;,.. :....---:;.;III = gq:1=-. .1_.7_,__ le- • ___ . ,..:-Eris-..i4 -1—,_"- -=x. FA Agenda Information Memo July 18, 1995 Eagan City Council Meeting C. PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT - R. L. JOHNSON ACTION TO BE CONSIDERED: 1. To approve or deny a Preliminary Subdivision (Apollo Addition) consisting of two lots on 39.4 acres subject to the twelve conditions recommended by the Advisory Planning Commission. 2. To approve or deny a Conditional Use Permit to allow outdoor storage of semi-trailers on a portion of Lot 1, Apollo Addition, subject to the four conditions recommended by the Advisory Planning Commission. FACTS: • The Advisory Planning Commission conducted a public hearing on this proposal at its meeting of June 27, 1995. The Commission recommends approval of the subdivision and permit subject to the sixteen conditions. BACKGROUND/ATTACHMENTS: (2) APC minutes - pages L3 Staff report - pages / (� through (2, es. • L C.( aN . Page 16 June 27. 1995 ADVISORY PLANNING COMMISSION • PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT - R. L. JOHNSON Acting Chairman Wallace opened the next public hearing of the evening regarding a Preliminary Subdivision in order to split the 39.4 acres part of Lot 7, Block 4, Eagandale Center Industrial Park No. 3 (P.I.D. 410-22502-073-04) into two parcels and a Conditional Use Permit to allow outdoor storage of semi-trailers on proposed Lot 1, Apollo Addition located south of Apollo Road/Lunar Lane inter section and west of Mike Collins Drive in the NE1/4 of Section 11. Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staffs planning report dated May 25, 1995. Mr. Ridley noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Ridley further highlighted the compatibility with the surrounding area, proposed lots, parking, setbacks, grading/wetlands, storm drainage/water quality, utilities, access/parking lots, parks and recreations and landscaping plans. Mr. Ridley concluded that the proposed 158,000 square foot office/warehouse building is a permitted use in the L-1 zoning district and the use would be compatible with existing and future land uses in this area. Mr. Ridley further concluded that issues pertaining to storm water drainage and landscaping can be dealt with prior to Council action on the final subdivision. Mr. Ridley • also highlighted staffs concerns regarding the requested conditional use permit for existing outdoor storage of semi-trailers noting that the requested conditional use permit does not meet a number of the established standards for outdoor storage. Charles Youngquist, a representative of the applicant, requested clarification from the Commission on the requirements for the preliminary subdivision and conditional use permit as well as water quality fee and landscaping issues. Mr. Ridley described the ponding and water quality dedication as well as highlighted the landscaping ordinance. Mr. Ridley, noted that although the land is developed, a landscape plan for Lot 1 needs to be included and should be revised to include a mixture of plant materials along the north boundary of the proposed subdivision. Mr. Ridley noted that the tree preservation plan is acceptable however, tree mitigation is over and above landscaping requirements and cannot be used to off set landscaping requirements. Member Burdorf questioned Mr. Youngquist whether there had been adequate time for the applicant to prepare their presentation to the Commission. The representative to the applicant acknowledged that the applicant had adequate time to review City staffs report. Member Isberg inquired of the applicant's representative whether the applicant generally agreed with staffs recommendations. The representative stated that the applicant was in general agreement. Page 17 June 27, 1995 ADVISORY PLANNING COMMISSION Member Hey! questioned Condition No. 4 of the conditional use permit requiring that outdoor storage of semi-trailers be discontinued upon termination of Anchor Hocking's interest in the property or subleasing by Anchor Hocking of more than 20,000 square feet of the existing space within the building located at 900 Apollo Road. Mr. Ridley stated that Condition No. 4 essentially makes the conditional use permit temporary if the use of the property changes. Member Isberg moved, Heyl seconded, a motion to recommend approval of a preliminary Subdivision in order to split the 39.4 acres part of Lot 7, Block 4, Eagandale Center Industrial Park No. 3 (P.I.D. #10-22502-073-04) into two parcels, 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, B4, Cl, C2, C4, D1, El, Fl, Gl, and Hl. 2. The developer shall plat the property. 3. The developer shall revise the Grading Plan to incorporate a larger on-site storm water pond or a drainage plan that catches the run off between Lots 1 and 2 and routes it to EP-1. 4. The developer shall extend the existing culvert pipes to a point at the normal water level of Pond EP-1. • 5. The developer shall provide detailed plans and specifications for any retaining walls to be constructed. 6. The developer shall upgrade all parking and staging areas to current City standards. 7. The developer shall prepare a private ingress/egress document to be reviewed and approved by the City Attorney's office prior to Council action on the Final Subdivision. The developer shall record the private ingress/egress easement with the plat. 8. The developer shall work with staff to determine appropriate off site planting locations for approximately 100 of the mitigation trees required by the City's Tree Preservation Guidelines. ( (ti Page 18 June 27, 1995 ADVISORY PLANNING COMMISSION 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 the City Forestry Division at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. 11. The developer shall be subject to a cash park, trail, and water quality dedication. 12. The developer shall revise the Landscape Plan to incorporate landscaping for the entire subdivision. All approved in favor. Member Isberg moved, Segal seconded, a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of semi-trailers on proposed Lot 1, Apollo Addition located south of Apollo Road/Lunar Lane intersection and west of Mike Collins Drive in the NE% of Section 11, subject to the following conditions: 1. This Conditional Use Permit shall be recorded with the plat at Dakota County. 2. Outdoor storage shall be limited to semi-trailers. 3. The storage area shall be screened from Apollo Road. 4. The outdoor storage of semi-trailers shall be discontinued upon the termination of Anchor Hocking's interest in the property or the assignment or subleasing by Anchor Hocking of more than 20,000 square feet of the existing space within the building located at 900 Apollo Road. All approved in favor. PLANNING REPORT CITY OF EAGAN • REPORT DATE: May 25, 1995 CASE: 11-PP-18-5-95 APPLICANT: Robert L. Johnson HEARING DATE: June 27, 1995 PROPERTY OWNER: First Industrial L. P. PREPARED BY: Mike Ridley REQUEST: Preliminary Subdivision (Apollo Addition), Conditional Use Permit LOCATION: 900 Apollo Road COMPREHENSIVE PLAN: Industrial (IND) ZONING: Light Industrial (LI) SUMMARY OF REQUEST R.L. Johnson Company is requesting approval of a Preliminary Subdivision in order to split the 39.4 acre part of Lot 7, Block 4, Eagandale Center Industrial Park No. 3 (PID# 10- 22502-073- 04) into two parcels and a Conditional Use Permit to allow outdoor storage of semi trailers on proposed Lot 1, Apollo Addition. The site is located south of the Apollo Road/Lunar Lane intersection and west of Mike Collins Drive in the NE 1/4 of Section 11. 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. /q6 Planning Report - Apollo Subdivision June 27, 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. 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. City Code Section 11.40 Subd. 4 states that: "The Planning Commission shall recommend a conditional use permit and the Council shall issue such Conditional Use Permits only if it finds that such use at the proposed locations:" 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 • Planning Report - Apollo Subdivision June 27, 1995 Page 3 values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities,,processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. BACKGROUND/HISTORY The Eagandale Center Industrial Park No. 3 was platted between 1967 and 1969. The Donaldson Company constructed the existing office/manufacturing/warehouse building in 1969. EXISTING CONDITIONS The site contains an existing approximately 300,000 SF building that is currently leased by Anchor Hocking Plastics. Anchor Hocking is looking to sublease approximately 20,000 SF of office space within the building that is currently vacant. The building has rail access on the east side, loading docks on the west side, and pedestrian access on the north side. The primary parking area for the building is located along the circular drive in front of the building and the parking lot located northwesterly of the building. The field inspection performed by staff revealed that, currently, the parking area adjacent to Apollo Road is being used for parking semi trailers. This parking area is in disrepair and should be overlaid. SURROUNDING USES The subject site is surrounded by property zoned and designated for industrial development. Surrounding uses include Manna Freight Systems,Continental Safety Equipment,and John Henry Foster Air Pressure Equipment. EVALUATION OF REQUEST A. Preliminary Subdivision Planning Report - Apollo Subdivision June 27, 1995 Page 4 Compatibility with Surrounding Area - The proposed 158,000 SF office/warehouse building is a permitted use in the LI zoning district and the use will be compatible with existing and future land uses in this area. Lots - The proposed subdivision will create two lots: Lot 1= 28.4 acres; Lot 2 = 11 acres. Parking -The developer is providing adequate on site parking; however,the stalls provided have nine foot widths. City policy has required ten foot wide stalls regardless of land use. The developer should revise the plans to provide for ten foot wide parking spaces. Setbacks - As proposed, the subdivision will create lot boundaries that allow the existing and proposed buildings and site development to meet all LI district building and parking/drive aisle setbacks. Grading/Wetlands - The Grading Plan is not acceptable. The Plan should be revised to incorporate a larger storm water ponding area and reflect grading necessary for culvert pipe extensions. The developer should also provide detailed plans and specifications for any retaining walls to be constructed as part of the development of Lot 2. There are no wetlands on site. Storm Drainage/Water Quality - The Storm Drainage Plan is unacceptable. The proposed drainage plan is not consistent with the City's Comprehensive Storm Water Management Plan. The developer is proposing a small storm water pond to be constructed on Lot 2; however, this storm drainage system will over-burden the existing trunk storm sewer line in Apollo Road. The undersized storm water pond proposed will overflow into Pond EP-11 (designated as a Class VII, storm water basin) which was not designed to handle this flow. EP-11 is located west of the subject site. This drainage issue could be alleviated if the storm water run off from the site was collected in catch basins located between Lots 1 and 2 and directed in an easterly direction to pond EP-1 which is located off site and designated as a Class V, nutrient trap. There are existing culverts that drain a large portion of Lot 1 to Pond EP-1 This drainage has caused erosion problems on the banks of EP-1, at the point of discharge. The developer should provide a larger on-site storm water pond or route all of the run off to EP-1 and mitigate the existing erosion problems by extending the culvert pipes from the present location to a point at the normal water level of Pond EP-1. Because there are no recreational water bodies downstream from EP-1, staff is recommending a cash water quality dedication to the Advisory Parks, Recreation, and Natural Resource Commission (APRNRC). Kg Planning Report - Apollo Subdivision June 27, 1995 Page 5 Utilities - Adequate utilities are available to serve the site; however, due to issues regarding the storm sewer system,the ultimate design of these lines will have to be determined prior to Council action on the Final Subdivision. Access/Parking Lots-The forty acre site currently has four access points from Apollo Road. The developer is proposing a private access to serve the newly created lot. The developer should submit this private easement document to the City Attorney's office for review and approval prior to Council action of the Final Subdivision. The existing parking and staging areas serving Lot 1 are either in a state of disrepair or not currently constructed to City standards and there is evidence of traffic maneuvering off of the paved surfaces and onto green areas. The developer should overlay and/or upgrade these areas to current City standards. Easements/Rights of Way/Permits - The developer is proposing a private ingress/egress access easement to provide access to Lot 2. These documents should be reviewed and approved by the City Attorney prior to Council action on the Final' Subdivision. Tree Preservation - The Tree Preservation Plan is acceptable. The site contains approximately 125,000 SF of significant woodlands and ten significant trees (14" - 18" cottonwoods). The developer is proposing to remove 73% of the significant woodlands and 100% of the significant trees. Accordingly,tree mitigation is required and the developer will be responsible for providing 229 Category B trees in addition to standard landscaping required. Considering the large size of the proposed building and associated parking area, a high percentage of removal is inevitable. The developer is proposing to plant the mitigation trees around the new building site and along the railroad tracks located south and east of the existing building. Over 100 of the mitigation trees that are proposed to be planted along the south property line of this subdivision will serve no tangible purpose other than meeting mitigation requirements; therefore,staff is recommending to the APRNRC that off site mitigation occur for approximately 100 of the mitigation trees be planted. The developer should provide tree protective measures (ie. 4 foot polyethylene laminate safety netting) 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. The developer should also contact the City Forester at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. Parks and Recreation - The developer will be subject to a cash park and trail dedication. v II Planning Report - Apollo Subdivision June 27, 1995 Page 6 Landscaping - The Landscape Plan is unacceptable. The landscaping proposed around the new building to be located on proposed Lot 2 is acceptable; however, the developer has not provided a Landscape Plan for Lot 1. The Plan should be revised to include a mixture of plant materials along the entire north boundary of the proposed subdivision. B. Conditional Use Permit Outdoor storage is allowed in the Industrial Zoning District only by Conditional Use Permit (CUP). City staff informed the property owner that a CUP was required for the existing outdoor trailer storage. On November 19, 1991,the City Council adopted the following Standards for Outdoor Storage: a. Outdoor storage items shall be placed within an enclosure. b. All such enclosures shall be attached to the principal building except in the Limited Industrial District. c. The enclosure shall be made of material suitable to the building and the items to be stored. d. The enclosure shall not encroach into any established front building setback area or other required setbacks. e. The enclosure shall not interfere with any pedestrian or vehicular movement. f. The items to be stored shall not exceed the height of the enclosure. g. The display area shall not take up required parking spaces or landscaping areas. h. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. i. The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principal use of the property. The CUP is being requested to allow for the continued use of this parking area for trailer storage. The outdoor storage area cannot meet a number of the Council adopted Standards for Outdoor Storage. The developer should, at a minimum, prepare a plan indicating how this storage area will be screened from the public right-of-way. In industrial areas,the City generally requires, and prefers, storage areas to be located behind the Planning Report - Apollo Subdivision June 27, 1995 Page 7 • principal building and/or in rear yards. This situation is unique because the area being used for storage was originally constructed for employee parking but the current tenant does not have an employee parking demand for this space. The property owner has explained that the use of this area is strictly tenant driven. Because the Anchor Hocking operation is not labor intensive, employee parking needs are not competing for this parking area; however, a future leasee may utilize this area entirely for employee parking. Because the type of demand for this parking/storage area is subject to change, any outdoor storage approval should be contingent upon maintaining the primary use of this parking lot for employee parking. Should the tenant change or use of the building change in such a fashion that requires a more intense employee parking need, the outdoor storage of trailers should be discontinued. • SUMMARY/CONCLUSION The proposed subdivision and development on Lot 2 is consistent with the existing Industrial Zoning and Land Use designation and will be compatible with existing and anticipated uses in the vicinity. Issues pertaining to storm water drainage and landscaping can be dealt with prior to Council action on the Final Subdivision: The requested CUP for the existing outdoor storage of semi trailers does not meet a number of the established Standards for Outdoor Storage. If approved, the semi trailer storage use of the parking lot should be considered a secondary use to employee parking. ACTION TO BE CONSIDERED To approve/deny the Apollo Addition Preliminary Subdivision consisting of two lots on approximately 40 acres located generally south of the Apollo Road/Lunar Lane intersection. To approve/deny a Conditional Use Permit to allow semi-trailer storage on Lot 1, Apollo Addition. Approval subject to conditions listed below. Preliminary Subdivision Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Planning Report - Apollo Subdivision June 27, 1995 Page 8 Al, B1, B2, B4, Cl, C2, C4, D1, El, Fl, Gl, and H1. 2. The developer shall plat the property. 3. The developer shall revise the Grading Plan to incorporate a larger on-site storm water pond or a drainage plan that catches the run off between lots 1 and 2 and routes it to EP- 1. 4. The developer shall extend the existing culvert pipes to a point at the normal water level of Pond EP-1. 5. The developer shall provide detailed plans and specifications for any retaining walls to be constructed. 6. The developer shall upgrade all parking and staging areas to current city standards. 7. The developer shall prepare a private ingress/egress document to be reviewed and approved by the City Attorney's office prior to Council action on the Final Subdivision. The developer shall record the private ingress/egress easement with the plat. 8. The developer shall work with staff to determine appropriate off site planting locations for approximately 100 of the mitigation 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 the City Forestry Division at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. 11. The developer shall be subject to a cash park, trail, and water quality dedication. 12. The developer shall revise the Landscape Plan to incorporate landscaping for the entire subdivision. Conditional Use Permit 1. This Conditional Use Permit shall be recorded with the plat at Dakota County. 2. Outdoor storage shall be limited to semi trailers. 75-- Planning Report - Apollo Subdivision June 27, 1995 Page 9 3. The storage area shall be screened from Apollo Road. 4. The outdoor storage of semi trailers shall be discontinued upon the termination of Anchor Hocking's interest in the property or the assignment or subleasing by Anchor Hocking of more than 20,000 SF of the existing space within the building located at 900 Apollo Road. VI FINANCIAL OBLIGATION - Apollo Addition There are pay-off balances of special assessments totaling $4,366 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 use proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans.. Improvement Use Rate Quantity Amount None / r • �+ vJ �' VI 7.4 , � y( 'P4( c i BEATRICE ST. ?S} 1 1 cI McKEE ST. f` LEXINCTO �F•ri �DNf I PARK Oak I KEEFE ST. \,. S 1 I SERVICE > o I: .S. POST '' Y MO 1 lc) IC; i,;•FFCE 0 I ' 0 W 94 0 CI 170 CO.1•. 26 LONE OAK OAD \ LONE I 7/. ,1> ,I, \.............................. I m I I 1 ,., J IEW DR. APOLLO 1 TRUNK I• V. I 2 I' U E V > 1 O < 1',ce 0 1 a °�c 0 1_GEMINI RD. 1, m c:1)zI- e�P C -- m - - ti I - -- ?� -- -- - N'R - - -cl x I ALDR R. Io In •.MARAC PT. I u ZCH PT. 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