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10/17/1995 - City Council Regular ' 211/ I AGENDA EAGAN CITY COUNCIL - REGULAR MEETING - BLACK HAWK MIDDLE SCHOOL * OCTOBER 17, 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) A. RECEIVE BID and Award Sale of $3,375,000 General Obligation Improvement Bonds, Series 1995A. B. RECEIVE BID and Award Sale of $820,000 General Obligation Equipment Certificates of Indebtedness, Series 1995B. C. RECEIVE BID and Award Sale of $3,275,000 General Obligation Improvement Refunding Bonds, Series 1995C. V. CONSENT AGENDA (PINK) ( . I A. PERSONNEL ITEMS Lt B. PROJECT 693, Approve contract with Dakota Electric Association, Cedar Grov '� 11th and 12th Addition Streetlights J C. JOINT POWERS AGREEMENT, -South Metro Drug Task Force (o D. RESOLUTION, Comprehensive Guide Plan Amendment for Southeast Industrial Area P� i E. CONTRACT 93-GG, Acknowledge Completion/Authorize City Maintenance, Autumn Ridge 4th Addition Streets and Utilities I '. CONTRACT 95-14, Approve Plans and Specifications, Authorize Advertisement for Bids, Clemson Drive Streets and Utilities 13 G. PROJECT 689, Change Public Hearing Date, Hayes and Delosh Addns. Storm Sewer (' a 3 H. RESOLUTION, Requesting Advance Encumbrance of Municipal State Aid Funds 1)7:27?-1. SET PUBLIC HEARING, Final Assessment of Delinquent Weed Cutting and False Alarm Bills a'o J. APPOINTMENTS to Holz Farm Task Force ,�� K. FINDINGS OF FACT on denial of conditional use permit for Ballard Transfer and Storage a C( L. FINDINGS OF FACT on denial of a conditional use.permit for Video Update 3( M. MASSAGE THERAPIST LICENSES, Tina Hengel and Jennifer Lambert at The Tropics N. COMMERCIAL REFUSE HAULERS LICENSE; Haul-Tech Environmental T:73/ ,�0. GAMBLING PREMISES RENEWALS, Dakota County Humane Society, for LaFonda de los Lobos, and Valley Lounge ��P. CONTRACT 94-16, Acknowledge Completion, Authorize final Payment, Red Oaks Addition and St. Francis Woods Utilities and Streets ,�? Q. PROJECT 673, Authorize Settlement and Payment for City Easement #552, Red Pine Lane �r,,G1 R. EXTEND MORATORIUM on Residential Garbage and Recycling Hauler Licenses ©VI.,r 7:00 - PUBLIC HEARINGS (SALMON) ,`CA �� tt A. PROJECT 674, Final Assessment Hearing, Violet Lane Streets and Utilities Z B. PROJECT 666R, Final Assessment Hearing, Waterview Addition Trunk Sanitary ("1 Sewer and Watermain , VII. OLD BUSINESS (ORCHID) p. 43 A. REVISED PRELIMINARY PLANNED DEVELOPMENT and PRELIMINARY SUBDIVISION, J. Byron Watschke (Safari At Eagan 3rd Addition) located on Thomas Center Drive Q. �yyy,,, and Cliff Road p ORDINANCE AMENDMENT, Section 6.36 regarding Solicitors Q OPTION AGREEMENT with Northwestern Mutual Life for property at Lexington and 1 1 Yankee Doodle Road VII. NEW BUSINESS (TAN) 0 A. REQUEST FOR APPROVAL of public right of way through Lexington-Diffl y Athletic Facility for Remo and Karen Caponi, Vantage Point, located just west of the park and on the south side of Diffley Road F14Y7 B. PRELIMINARY SUBDIVISION, Kresse Addition, located at 1474 Skylin Road • • /� �C. PRELIMINARY SUBDIVISION, Galaxie Cliff Addition #1; FINAL PLANNED (21' DEVELOPMENT to allow a day care facility; and CONDITIONAL USE PERMIT to allow a pylon sign, located at the southwest intersection of Cliff Road and Galaxie Avenue , (3-7 D. CONDITIONAL USE PERMIT, Benson-Orth, to allow a trucking facility on the r I west side of Neil Armstrong Boulevard and south of Lone Oak Road (7, E. PRELIMINARY SUBDIVISION, Bob Martin Phase II, combining Lots 9, 10 and 11 f rd�P of Eagandale Industrial Center No. 2, then dividing them into two lots located on the west side of Lone Oak Circle, north of Lone Oak Road F. ST. PAUL PORT AUTHORITY Business Development Financing, Consider City Participation IX. ' LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO HE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION 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. • r MEMO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 12, 1995 SUBJECT: AGENDA INFORMATION MEMO FOR OCTOBER 17,1995 EAGAN CITY COUNCIL MEETING 30 'A PMMAPPROvr �3• {,Kh.,.•..:..: aa:'.;•::r.:'addtwr�:::is�c.':::::::..::aiawiia23:vN.::aaa+w�k,•'+.� After approval of the October 17, 1995 City Council agenda and the October 2, 1995 regular City Council minutes and September 5, 1995 and October 2, 1995 special City Council minutes, the following items are in order for consideration. • The General Obligation Improvement Refunding Bonds, Series 1995C will refund the General Obligation Improvement Bonds, Series 1989A. The 1989 bonds were sold at a net interest cost of 6.40% in an original amount of $9,325,000. Using some of the current cash balance and proceeds from the sale of$3,275,000 of refunding bonds, the City will call the remaining principal of $4,750,000 on the 1989 bonds on February 1, 1996. The new bonds are expected to have a net interest cost of 4.92%. The transaction is estimated to generate a present value savings of approximately $290,000. • The City Administrator and Director of Finance will attend the bid opening. • The fiscal consultant and Director of Finance will be present at the City Council meeting to present the bids and recommend action. • Ratings on the issues have been requested from both Moody's (currently AA) and Standard and Poors (currently A+). The Director of Finance has had telephone conferences with both and a verbal rating is expected sometime on Friday, October 13. • Sale recommendations from Springsted were previously forwarded to the City Council. Copies of the Official Statement dated October 5, 1995, are enclosed without page number. • • Agenda Information Memo October 17, 1995 Eagan City Council Meeting ...vi:riircisai'u'Maww':S >.a•S:.Ca\;{vYxRG;.P.'sXWOk:$. A._ RECEIVE BID AND AWARD SALE, $3,375,000 GENERAL OBLIGATION IMPROVEMENT BONDS,_,SERIES 1995A • ACTION TO BE CONSIDERED: To receive the bids and award the sale of $3,375,000 General Obligation Improvement Bonds, Series 1995A. B. RECEIVE BID AND AWARD SALE, $820,()0O GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 1995E ACTION TO BE CONSIDERED: To receive the bids and award the sale of $820,000 General Obligation Equipment Certificates of Indebtedness, Series 1995B. RECEIVE BID AND AWARD SALE, $3,275,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND$,SERIES 199$C ACTION TO BE CONSIDERED: To receive the bids and award the sale of $3,275,000 General Obligation Improvement Refunding Bonds, Series 1995C. FACTS: ■ A resolution to issue and sell the bonds was approved by the City Council on September 5, 1995. ■ The General Obligation Improvements Bonds, Series 1995A will provide permanent financing for 24 public improvement projects which are now completed and assessed or will be in the near future. ■ The General Obligation Equipment Certificates of Indebtedness, Series 1995B will provide financing for the 1994 and 1995 equipment revolving fund at$400,000 per year. These proceeds combined with the dedicated ad valorem tax levy provide the $500,000 annual funding for the equipment section of the City's Capital Improvement Program. A debt service levy is incorporated in the taxes payable for 1996 to begin repayment of this obligation. The obligation will be repaid over a five year period. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota • :ieptember 5, 1995 • A special meeting of the Eagan City Qiii.4 p j s#i tiki Misday,September 5, 1995 at 5:00 p.m.at Black Hawk Middle School. Present were Mayor Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges; flirector of Public Works Tom Colbert, Community Development Director Peggy Reichert,Parks and Recreatic Virector Ken Vraa, and Police Chief Pat Geagan. ON-STREET PARKING REGULATIONS • Director of Public Works Colbert noted that there are several locations throughout the community where continuous on-street parking occurs. He feltAl would be appropriate for the Council to discuss to see whether they would like to establish on-street parking reguf gions in problem areas. He explained that the main areas of concern are commercial/industrial areas, high density; sidentiSl;::ind schools and parks. He noted that they get a variety of complaints in a number of areas. One area:0 conceffiiis Town Centre Drive,which has four lanes of traffic, but • tenants in the adjacent apartment complex: 've been:: iarking in two of the traffic lanes. Police Chief Geagan - indicated he isn't aware of any specific acci/ents,•fn:t t;.a{ea,:.byt.tklere have been some close calls, and he has seen glass in that area. Director of Public We k efl nptt d t*t another problem with on-street parking is snow removal. He asked whether the Council wants to establi's1 a'po(icji for off-street parking, or whether the Council • wants to deal with these complaints on a case by case basis. Councilmember Wachter stated he feels there should be a policy, at least from 8:00 a.m. to 5:00 p.m. Councilmember Hunter concurred, however, he feels the problem i§different depending on the area. It would be good to have a policy,but he feels these situations will have tq.t0iratt with on a case by case basis. There should be a process that needs to be followed. Mayor Egan•.stated 4104iould like to have a uniform policy, but feels he needs more information on specific areas. Cour3cl(iti: ti6eeada stated that the problem on Town Centre Drive needs to be taken care of through additional;perkiii:"DirectOof Public Works Colbert noted that In a lot of cases, it is more a matter of convenience than lack of.pgrktng spaces Mayor Egan suggested that people could petition to the city, and if it doesn't meet warrants, It couldl:1$ ppealed to the Council. • Discussion followed on storage of equipment on the Councilmember Masin stated she . feels there have been enough complaints about Town Centre Drive that the City should take some action. Director of Public Works Colbert asked how the Council feels about the on-street parking at UfeTime Fitness. Counclimember Wachter stated he feels there have been enough complaints there also that warrants action. Mayor Egan concurred, stated he feels there is a blatant disregard for the parking regulations in that area. Councilmember Awada suggested that situations that are consistent problems should be brought up at Council workshops. She feels Town Centre should be dealt with quickly because that area::ifs:' ng t4••da11Ap. If additional land needs to be acquired for parking,it will need to be done soon. She stgested ' yy,'tf.:Cettt'r&:be placed on the next Council agenda. Director of Public Works Colbert asked whether adjacent pro •bwners should be notified and Councilmember Awada stated she feels they should. • Community Development Director Ichexi: pc3.that.thapeople in the neighborhood of LifeTime Fitness may be at the next Council meeting also, EilitMiiiii.0000010 would be appropriate to address that parking situation as well. There was Council concurrence to address tii%slssue as well. Discussion followed on writing a letter to those who are using the public right-of-way for storage. Director of Public Works Colbert summarized the criteria outlined by the Council for consideration of parking restrictions as: 1) written agreements for on-street parking/stow:nf;:?Kr3hldes and equipment on dead-end streets in industrial . areas; 2) hourly restrictions for other industriat pt ir,V t f estrictions in commercial/retail areas; 4) evaluate adequacy and potential of off-street parking:tre restricti6ft8;:ar• imposed In high density residential areas; and 5) address safety concerns and complaints:i<iti•b case by case: ieisis. • • • • • EAGAN SPECIAL CiTY COUNCIL MINUTES;SEPTEMBER 5,1995 PAGE 2 • In response to staff's Inquiry,the COL ti iJE directed all requests to restrict on-street parking be placed on a regular Council meeting for formal action until a uniform policy can be created for staff to administer. REVIEW PRELIMINARY APPRAISALS FOIE RA #::88i',•::EtIBCAYNE AVENUE STREETS &UTILITIES Director of Public Works Colbert gav A ttaff report and reviewed the results of the preliminary appraisals. • It was found that the benefit Is substantially slirialier than the proposed assessments. He reviewed the options the Council has for completing this project. He noted that the Council can reduce the scope of the project,or the City can finance the unassessable costs for the improvements. Discussion followed concerning the unsustainable amount of assessments and how they should be handled. Councilmember Awada suggested the project could end at Biscayne Avenue. Discussion followed on the.4eyelopment of the Marotzke property. Councilmember Awada stated she would like to dead-end the industrial are :end discussion followed concerning that. Considerable discussion followed coritiming w# rer the assessments are sustainable. Mayor Egan asked • whether the utility assessments are more Iiketyto be sunable. Director of Public Works Colbert noted that there . . are shortfalls in all of the assessments. Cou erRber:.Awa.d ...tated she feels the numbers would be different if the project were dead-ended at Biscayne Avettiug;:::S i # f0;difa t:needs to be brought up to city standards,but not Gun Club Road. Mayor Egan stated that the iCoiiriclt•rieeds'tocletermine whether the City should subsidize these Improvements, or leave the area as it is. Councilmember Hunter stated he feels the area needs to be • upgraded to standards. Awada concurred. Community Development Director Reichert noted that the property owners don't want to pave their parking lots until the streets are installed. They need to know how much it is going to cost them. Councilmember Hunter summarized that the area will be brought up to city standards, and It still needs to be determined where the project will end. . Director of Public Works Colbert stated•that: f would revise the feasibility report to try to reduce the scope . and cost of improvements to more closely r t.i i#rre'prelimii ary appraised benefit and will meet with the property owners before bringing it back to the Council at•.a:riguiar meeting. The meeting adjourned at 6:30 p.m.to the regcilar:.' ui044neeting. • • DLP • Date City Clerk • • • • • • • • • MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota vox. 2, 1998 • A special meeting of the Eagan City ,4 s iciLW itif%Monday, October 2, 1995 at 5:00 p.m. at Black Hawk Middle School. Present were Mayor Wachter, Masin and Hunter. Absent was Councilmember Awada. Also present were::pity Administrator Tom Hedges, Community Development Director Peggy Reichert, Parks and Recreation Dr** Ken Vraa, Police Chief Pat Geagan and Finance Director Gene VanOverbeke. ANALYSIS OF CARRIAGE HILLS COUNTRY CLUB AS A POSSIBLE ACQUISITION FOR A MUNICIPAL GOLF COURSE John Hoyt,of Effective Golf CoursQ::$,stems,jnc., reviewed their company,the viability of municipal golf • courses. Roger Harrold,of Effective Golf C¢,liise Sys*itjs,inc.,reviewed the issues associated with municipal golf courses and the condition of the Carriage Hj#t;;;:course :*lr.Hoyt then reviewed the capital costs needed to acquire this course. Considerable discussion followed conceitg the issuance of bonds, financing aspects and whether it would be more cost effective to start a new.cc urse lather than trying to refurbish the existing one. Administrator Hedges noted that the'•i afk SgsteitilifaTM oi#lis for a municipal golf course in the future. He , will investigate the Northwestern Mutual property to the north as a possible location for a new golf course. It may make more sense to start a golf course from scratch as there would be more options available for a driving range, etc. The Council can then look at both scenarios when making a decision. Discussion followed concerning how much it would cost to build a new course. John Hoyt noted that driving ranges are money makers. He noted that although Carriage Hills has no possibility of a driving range,if 4.0.40 only option for a golf course, he feels the city should consider it. Councilmember Wachter stated tripre than the estimated$585,000 to improve Carriage Hills. He feels it will be more like a million bllars; Mr. HoA4roted that the$585,000 is only for the first two years . to make It operational. Councilmember Masirr. )ad;whether Dakota County has definitely said they won't put a golf course in Lebanon Hills. Parks and Recreation i9iKtt ::Vraa indicate they won't be doing that. Mayor Egan • asked about the course in Rosemount on university pii fj' ::;ter. Hoyt responded that it is both informal and unofficial. He has heard that It would be primarily for tournaments. Councilmember Masin asked about promoting private ownership for this golf course. Mr. Hoyt responded that it is not likely because there isn't a very high rate of return. Councilmember Wachter indicated that the only way he would consider buying it Is if the owner substantially lowers his price. Parks and Recreation Director Vraa indicated he feels the consultants have taken .a;Vpry realistic approach to the projected revenue. Administrator Hedges added that Community Developmerj i rec r Reioh t.l'poking at other opportunities in the city for a golf course. Mayor Egan stated that he Is apprehensive about this, but is willing to proceed defensively because he would like to see another golf course in Eadeii. Coun';ikrember Wachter stated he doesn't see why the city should look at purchasing this because there are ;m ar1tK:pffiei`. pings.#4f the city to work on. He feels the course would need extensive renovation. Councilmembr:ktltiiti tOtAisd fie fp the city should keep its options open. He feels the city should pursue the golf course as a dual track,exploring both the Carriage Hills course and building a new one. He added that the Advisory Parks,Recreation&Natural Resources Commission should look into the question of whether the city should be In this business. Coundimember Masin noted that the city Is almost out of land, so action must be taken soon, at least acquiring the land. Counciimember Hunter concurred. Administrator Hedges noted that the gVi,%er:rs.#gfti atnt where he doesn't want to operate the golf course• any more The city may be faced with ttpOitifdtion•wfie * city needs to allow him reasonable use of his . property if it isn't purchased to be maintair ;fis a golf course;:;:)f the city decides not to purchase it, land needs to be acquired elsewhere for a future golf course. CouncilmemtAk Wachter stated the city needs to keep the doors open for acquisition of the golf course. Hb: Toted that he wouk ipt like to see a golf course within the flight path. • • EAGAN SPECIAL CITY COUNCIL MINUTES;OCTOBER 2,1995 . PAGE 2 Administrator Hedges noted that the city ►ji be able to get an option on the Northwestern Mutual property. Discussion followed concerning a referendU•i'n:'Councilmember Wachter stated he favors a referendum on this. It was decided to go back to the Adyi*ii00: L rda$pn & Natural Resources Commission and have them do a feasibility study on this, exploring;whether the'iity'Stiouid have a municipal golf course. It was also decided to try to negotiate an option on tht4Stpperty to the north. Councitmember Masirl noted that if the owner of Carriage Hills wants to sell the property for something other than a golf course, he.would have to come back to the city to change the zoning. She asked how much latitude the city has if the owner wants, to have this property as something other than a golf course. Community . Development Director Reichert indicated that time is on our side, but the city can't deny them use of their property. Mayor Egan noted that West Pu#i8sfring has:?said they want a golf course closer to their facility for recreational use. He stated that perhaps tPiis, s prerrj*ire as West Publishing may be interested in acquiring the course. After some discussion, Mr. Hoyt irtt3j0f0d tilhie::r. pcgt::is not a full feasibility report. It was done very quickly and was a quick assessment of:::tfiii:i0Sliti*ticifOriO. If the Council wishes to pursue this, he • recommends a full feasibility study. - "Y RECENT LEGISLATION/COMPREHENSIVE GUIDE PLAN/ZONING Community Development Director Reichert reviewed some information relative to recent legislative changes in the zoning and planning laws as they relate to some of.the;.:'treas in Eagan such as the McKee addition. The meeting adjourned at 6:30 p.m.:: .:1 r ifar:0ouncil meeting. DLP • • • Date City Clerk • • • • MINUTES OF A:R cO:W::ME 1 G OF THE gAoan;'Minnesota '::October 2, 1995 • A regular meeting of the Eagan City egafii; ii was heicl:giiiiMonday, October 2, 1995 at 6:30 p.m. at Black Hawk Middle School. Present were Magi 1:;010:#3 incflmembers Wachter, Masin, and Hunter. Absent was Councilmember Awada. Also presefit:404:'eity Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. PINE* Administrator Hedges added two stetg:;p i t501:1t gel da--one being a resolution for'Building Bridges Peace by Peace", and the other rejeatlon of•Fk ::Depaittt t pumper bids. Counciimember Hunter indicated he would like to discuss the recent dsifefopmenti:;.ix Inver Grove Heights under Legisla- tive/Governmental Affairs. He also indicated he would.l;g the fina.pat and final planned development for Oak Ridge Family Housing removed from the consent ag (a. WOW. r moved, Masin seconded a motion to approve the agenda as amended. Aye: 5 PRITESOFSEPTEMERWROVEGUMMIIMIS ti{ttiu{.{.,ttt{.{ti{•;5.uwnua:ctxwf:cac a Councilmember Hunter referred to Iahgaage on page 9 relative to direction given that the planned development be brought back to the consent agenda, noting that it was the Council that gave that direction. He also noted that relative to the Commun :Development Director's suggestion concerning modification of signage facing Thomas Lake Road, he wantetykfflecla clear that the Council did not concur with that. He also noted that on page 14,where he requested that•fl e:tf Okesetvatlon Guidelines be placed on the next agenda, that the Council concurred with that direction. May Egart:{ioked•out that on page 6, Mr. Krisnik's name was misspelled. Hunter moved, Wachter seconded a siciotion to empyg the minutes as amended. Aye: 5 Nay: •0 • •: .• MINUTES; YEP t .•r. ..+'9 �4$Pl '�I�µ]llf~::MEETIN X•)i{t{•n<{•.4:4f..••Y.�.:: ti'0:7�1 1�}: a� yii•{<4:ti4. {/!::•::tiii4}},v�*y;�{�:{y„iK4n{A^C:{YroC4}:i� ' Councilmember Masin noted a correction to the spelling of the "Peron" property on page 1, and requested that additional language be added to page 2 clarifying the discussion on replacement transit systems. Hunter moved, Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 • Mayor Egan noted that Item M, Development, Oak Ridge Family Housing will be removed from the consent agenda, and that t resolution;•and bid item referred to earlier would be added to the consent agenda. In regard to Item G, Project 689 Haves and Dglosh Acfdiiion Storm Sewer. Councilmember Hunter requested a report on how the informational meeting went. Director of Public Works Colbert noted that he was not at that meeting, but would provide an update in a memo to the Council. In regard to Item S, Preliminary Subdivision Approval Extension. Remo- and Karen Capons, Councilmember Hunter asked why the city would approve an sctension If It is the city's Intent to deny this subdivision. Community Development Director Reichert explaine :Tat the court ordered that the city approve the preliminary subdivision,but indicated thaatt y..h. 2Q wok cq if the access issue. They are now petitioning the city for access through the park. That hag: ;b a pm4.4*they can apply for their final plat approval. Their time will run out by that time,so it was#eltthiti•tiestiiv }rtiifrandie it was to grant an extension of the plat. Discussion followed. in regard to item T, Contract 95-13, Director of Public Works Colbert noted a correction in the bid amount to$359,525.95. • EAGAN CiTY COUNCIL MINUTES;OCTOBER 2,1995 PAGE 2 A. Personnel Items ... Item 1: it was recommended to approve the :of Eric Amat Chelsea Crouch, Nicole Darwitz and Todd Intihar as part-time seasonal concession worketg f te:Clv3v: ena. item 2. it was recommended to approve the hiring of Melissa Harris as a part-time seasonal program assistant In the Youth Development Program. Item 3. It was recommended to approve the hiring.of Mike Elam as a seasonal part-time Civic Arena night supervisor/resurfacer. • Item 4. It was recommended to approve the hiring ofiNbert KEG as a seasonal park attendant. Item 5. It was recommended to approve contracting w.fj r BructiMirry and David Schomburg as basketball scorekeepers for the fall and winter basketball: ea$o ,••' item 6. It was recommended to approve contracting with Jerry Korba who will coordinate the supplying and scheduling of basketball officials for the fall and winter seasons. Item 7. It was recommended to accept the resignation of Chris Thomas as MIS Intern. Item 8. It was recommended to accept the.i:4iif aiion of Sheri Bergeiand as a part-time Clerical Technician III for Central Services Maintenance. Item 9. It was recommended to accept the resigi ation of S'eniorEngineering Tech/Supervisor Ed K lrscht. B. Plumbers Licenses. It was recommended tp,ap .tii(aplumbers licenses for Culligan Soft Water Service • Stepaniak Construction Co.,and Valley.*i :•iric. as presented. C. Set public hearing. Certification of Delinquent Utility Bills. It was recommended to receive the list of delinquent utility accounts and set a public hearing on November 6, 1995 to certify these bills to the County for collection with property taxes. • D. Award Janitorial Contract. Municipal Bilefigm:AviakiPiIPtiMended to approve janitorial contract with Diamond Green Inc. for janitorial service fai:8acjari•WHiliki.:P.ailce, Fire Administration and Public Works Maintenance In the amount of$72,000. • E. Appoint Consultant. Holz Farm Study. It was recom ended t approve the hiring of S.E.H. In the amount of$4,850 to perform an architect/structural review of Ili Holz building. • F. Contract 95-06. 1995 Sealcoat. It was recommended to authorize the first and final payment for Contract 95-06 to Allied Blacktop In the amount of $267,384.06 and accept the Improvement for perpetual City maintenance subject to appropriate warranty provisions. • G. Project 689. Hayes and DelOsh Addition Storm Sewer. It was:,ii;pommended to receive the feasibility report for Project 689 and order a public hearing for November 6, 1996:''* H. Contract 93-WW. Lexington Pointe 10t#ii:l dtlkiori:::iikiya ii&ommended to acknowledge completion of Contract 93-WW and authorize.perpetual City maintenance subject to warranty provisions. I. Massage Therapist Licenses for the Tropics. It was recommerieed to approve the massage therapist licenses for Deborah Freundschuh,Cynthia Gamer-Howell,Patricia Becker, Pamela Schaumburg-Okeson and Kimberly Sanders doing business at The Tropics. • • - — of - EAGAN CiTY COUNCIL MINUTES;OCTOBER 2,lees PAGE 3 .. . • J. Massage Therapist License for Lifetime Fat es. It was recofiiiiended to approve a massage therapist license for Christine Schaffer Suihkonen to wgjk.at Lifetime Fitne$¢.:: K. Comprehensive Guide Plan Amendment.Centil,P, ark ;VWas recommended to approve an amendment . to the Commercial Land Use Plan of the Compri f a i i1de Plan _creating a Central Area Including a description, goals, land use plan and policies for guiding development within the defined Central Area. L Comprehensive Guide Plan Amendment. Central Area Transportation Improvements/Interchange Modification_ It was recommended to approve.a.CO,mprehensive Guide Plan Amendment to the Transportation Plan Element which Identifies necessary future t tsir3iiKtr:;tti]r.Q s to the Central Area/Yankee Doodle Road Corridor,to be Incorporated as a supplement tb The ortatigi'I?lan Element. M. Final Plat and Final Planned Development.Oak Ridgypamily ii sins. (This item was considered separate from the consent agenda) N. Final Subdivision and Final Planned iii ht. Cltf#'f:t fcethores. It was recommended to approve a final subdivision and final planned development identified as Outlot E,Cliff Lake Centre for the Cliff Lake Shores Addition. O. Change Orders. Police Department/Municipal Center Expansion. It was recommended to approve change • orders for the Police Department and Municipal Center expansion projects as presented. P. Preparation of bid documents. Schwanz' i .QaQital Improvements. It was recommended to • approve the preparation of bid documents for the tiay'Calrg. fsion and south bay modifications as identified in the Schwanz Lake Phase 11 grant contract. R. Approval of Wetlands Replacement ar i 'w ii kPori¢s Subdivision. It was recommended to approve the revised wetland replacement plan for the dnwood Ponds subdivision. S. Preliminary Subdivision Approval Extension. Vantage Point. it was recommended to approve a 90 day extension for the Vantage Point Preliminary Subdivision. T. Contract 95-13.North Ridge Drive Utility Constructlon,Cgntract Award. It was recommended to receive bids • for Contract 95-13,award the contract to th0wash resp tr.,s bitlsler and authorize the Mayor and City Clerk to execute all related documents. U. Eagan Woods Office Park Easement Execution Autftbfization.::'divas recommended to authorize the Mayor and City Clerk to execute temporary street easement agQment afict:utiiity easement associated with the Eagan Woods Office Park development. • V. Rgsolitipn.Buildina Bridges,Peace by Peace. It was recommended to approve the resolution as presented. W. Fire Department Pumper Bids. It was recommended that the bids be rejected and that the pumper be rebid with bid alternates and extending the delivery date. Hunter moved, Masin seconded a motion.to approve tti 'consent agenda. Aye: 5 Nay: 0 .M. Final Plat and Final Planned Developmel'it;{Wf ldi 0ai illy:iWousing. Joe Hamand, speaking on behalf of the development immediately to the west of the developments:.across Johnny Cake Ridge Road, indicated that after doing some research on this project,they feel this is:A: ery favorable project, and are interested In working with the HRA on this. He Indicated they have been Initifessed with the people at the HRA and how they have handled this entire process. Some discussion followed. Masan moved,Wachter seconded a motion to approve the final plat and final planned development for Oak Ridge Family Housing. Aye: 5 Nay: 0 • EAGAN CITY COUNCIL MINUTES;OCTOBER 2,1995 PAGE 4 ' : ... • PROJECT$2 OLD SIBLEY 141( HWAY Mark Hanson,of Bonestroo,Rosene,Andeik0.§:4Siaff report. Mayor Egan then opened the public hearing to anyone wishing to speak. Al Block,Town and Country Homes, urged Council approval. Roger Slater, a property owner in the area, noted that he has already,paid assessments for water and sewer, and questioned why they are being assessed again. Mark Hanson.explained tt x:Ria : g:m asees;trnent for water however, It Is felt that this property does benefit to some eident from the'seri ai :i 4#" Vii;$,e only assessing a half an acre. Director of Public Works Colbert added that there is a signs icartt ill vation kfitliirential between the portion that is readily serviced off of Old Sibley Highway and the lower elevation,which is'more readily serviced off of Highway 13. After some discussion, Director of Public Works Coll*:hdicateck x#ii y can further evaluate whether there is a benefit to this property prior to the final assessmena : ;:: .:.• ' There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Hunter moved, Masin seconded a motion to close the public hearing and approve Project 692, and authorize the preparation of detailed plans and specifications along with easement acquisition through condemnation action if necessary. Aye: 5 Nay: 0 . PROJEC' ;.6'5L3,.RED OAKS ADDITION Director of Public Works Colbert gave a staff iepp t::.Mayor Egan then opened the public hearing to anyone wishing to speak. :_. Howard Kyllo, representing Brad Stricken rtt•Ogy1'atihey needed the cooperation of Mr.Wessel,the property owner to the south and in order totg:els:000peration, It was agreed that he would not have to pay his assessments until he develops his property'.''He is intending to develop the property within the next 12-18 months, but he would like to have the payment schedule start at that time because It would be a financial burden to him. He would also like to have the term extended as well. They were told by staff that Mr.Wessel wouldn't have to start paying until the property developed. Fred Wessel, 3590 Wescott Hills DOWil StIA ec#the::oast of the project. Director of Public Works Colbert Indicated he can look into it. City Atto mie..$f dQi :i'iz i3: at the City Council can,since his property is undeveloped, levy the assessment, defer the first payment to any;date, but still have the Interest the run,as long as the total payments are completed within 30 vears. • Mayor Egan then turned the discussion backkoiithe Codicil. Councilmember Hunter asked whether there is any exposure to the city by extending the period front fide to ten years. Director of Public Works • Colbert Indicated there wouldn't be a problem on a project this small. Hunter moved, Wachter seconded a motion to close the public hearing and approve the final assessment roll for Project 675R,deferring the Wessel assessment for 18 months,extending the payment schedule to ten years,and authorize certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT E693,`CEDAR GROVE 11TH AND 12T if:ADDITION STREETLIGHTS Assistant Director of Public Works staff report. Mayor Egan then opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Mayor Egan turned discussion back to the Council. Masin moved, Hunter seconit :a motion to close the.public hearing and approve Project 693 and authorize the contract with Dakota Eric Association for its Installation. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MINUTES;OCTOBER 2,1995 PAGE 5 • :••RAM„•••�V��II G�� .... . REQUEST FOR EXTENSIs 4:AAGARD ENV I1? NMENTAL SERVICES Wachter moved, Mason seconded a motiogiXO:01:tiypet seven month extension for site paving and concrete curb and gutter construction for Aagard Envii ihental Services. Aye: 5 Nay: 0 REQUEST TO RECONSIDER PARKING RESTRICTIONS ON TOWN CENTRE DRIVE Hunter moved, Masin seconded a t rptfipr;:eta raporisider C uncil action to post Town Centre Drive - adjacent to Waterford Place Apartments for t ott�s> ieel:p$i`I4r. f dive October 20, 1995. Aye: 5 Nay: 0 Jeff Badger,of the corporate office in Winnipeg, Manit> , revieviAthe makeup of their complex, noting that the complex was built with approximately 200%parkinij which wai telt to be adequate at the time. They have found that a lot of people are using their garages for.$ age. '[I`i>? have registered all of the vehicles in the complex to get a handle on how many cars ax�:c : :0ft0::4-.4 Qe also implemented a policy wherein there is only get one stall for each vehicle thati$461ifereiKiiiiiCOttirage will not be allowed in the garages. Inoperable vehicles and recreational vehicles will not be allowed on the site. They are planning to remove some of the islands for additional parking. Thirty days does not give them enough time to implement their policy and add parking. They are requesting that parkingi,e restricted on one side only for six months until they can resolve their problem. They also intend.to restrict parking along the approaches to the drives to enhance the . visibility on the site. They feel there will still bike slight problem with visitor parking. He suggested an overnight parking ban be implemented so that only viskiits:use the on-street parking. Councilmember Wachter noted that snow remove:ist:a:problem when parking is allowed on the street, so he doesn't favor restricting parking on only oria side ot''the.,st>leet. He suggested that if they Intend to expand their parking, he would be willing to agreettiat,pavtn ;ifae:pl3rking lot would not be required right away, but he doesn't favor having on-street parking be to a:lhare''Is a safety problem in that area Councilmember Masin stated she felts that tenants should be able to use their garage for whatever they want to, Mr. Badger responded that using garages for storage is what is causing the parking problem. These garages were never intended to be used for storage. He noted that he doesn't see safety as being such a critical issue because there haven't been very many accidents in that area. Councilmember Hunter noted that this is a developing commercial area, and traffic is only.9oing to Increase. It would be different if h were just • i*if a residential area Mr. Badger offered to cl e; Dwgoo:*.€r et In that area if parking is allowed on one side of the street. Administrator Hedges'''rioted''tltatitie:4061feo'thief has made observations on several occasions where there are numerous cars parked on Ma street yyhen there were spaces available in the lot. Brent Florine, 4085 Lexington Avenue, stated' ie feels t# t of the four areas considered for parking restrictions,this area was the most serious public safetj►'issue,arrif urged the Council to let their decision stand. Phyllis Rau,representing the Small Business Association, indicated they would like to have some input into ordinances affecting parking. Mayor Egan noted that the issue before the Council is just the restrictions in this area. . A resident at Waterford Place noted that about a year eq.most of the cars were parked on site, and when fire trucks came to the site,they couldi?.t aex.;heir.t cks.lri,to the areas because of these parked cars, so the Fire Marshall ordered fire lane signs thT u h e r p ; That is what took the cars onto the street. Mason moved to allow parking on one side of Town Centte Drive,and require Waterford Place to keep Town Centre Drive in front of their complex cleared of snow. 'r Se:motion died for lack of a second. Wachter moved,Hunter seconded a motion to reaffirm the Council's previous action. Aye: 4 Nay: 1 (Masin opposed.) • EAGAN CiTY COUNCIL MINUTES;OCTOBER 2,1995 PAGE 6 • • AMENDMENT TO ZONING CODE, CHAPT 3:1.1, REGARDING 0FF-STREET PARKING AND LOADING Community Development Director Reictertia;* if€'report, giving the reasons for changing the ordinance,and noting that this ordinance Is Intended to'Iriake things less restrictive for businesses. He noted that the Planning Commission recommended a minor revision to the clause relating to termination. Councilmember Masin asked how much input there has been from the Chamber of Commerce and businesses. Community Development Director Reichert noted that It was noticed in the paper, and she has not had any response. She noted that this change spore:::;tcr. ;the needs of a couple of businesses. Councilmember Hunter asked whether thei ii:.:Was IiWN tie the Small Business Association; and Community Development Director Reichert noted that.#rey were provlded a copy of the ordinance, but she hasn't heard anything from them. • Phyllis Rau,representing the Small Business'rgsso tioNit ed that they feel the ordinance is very well put together,and complements the business :'The i,:Wtei.0:hoping to have more discussions before the rdinance came to the Planning Commission. Community Development Director Reichert responded that it would be great if the Small Business Association wanted to distribute a copy of this ordinance to their members and do a write up in their newsletter. She noted that staff meets with many people every week who are wanting to build, develop or expand in Eagan, and they do a lot of problem solving. If there isn't a solution, they try to find one,which is why this ordinance carne.about. Councilmember Hunter added that the reason why they don't call a lot of meetings to review ordinariCi sli}fe.this is because these companies need to move forward, and it wouldn't facilitate development to hold' 3iWOnpjepts. If the ordinance is straightforward, It makes more sense to move ahead to have a positive effect:ton:;t evi~topment. Ms. Rau noted that she feels it is important to get Input from both the Chamber of Coixjmerce ar'id'SjpaII Business Association,and indicated they would be willing to distribute the ordinance to their meter:. Wachter moved, Egan seconded a iiii3itififiiiiiiPprove the amendment to Chapter 11, Section 11.10, General Provisions, with the modification to C2, Termination as presented. Aye: 5 Nay: 0 Wachter moved, Masin seconded a motion to approve the amendment to Chapter 11, Section 11.20, Use Districts. Aye: 5 Nay: 0 • Councilmember Masin.suggested 7 tit: P,i` 9 i d : o the Chamber of Commerce and Small Business Association whenever there is a pfopttisat:fhtat''affec,§:btielhesses, as well as whenever a proposal Is adopted. Mayor Egan indicated that he feels there neOis to be a;:r. asonabie definition of when a letter would be sent. Councilmember Wachter noted that when thei:>~.Ity publists agendas,that is the mechanism that has been used to notify the public. If the city sends letters p that grcigii r they will have to do it for everyone. After some discussion,Community Development Director Reichert sugcOed that perhaps It would make more sense to send them agendas for the Planning Commission and City Council,rather than trying to decide when a letter needs to be sent, and they can call for further Information on whatever they have an Interest In. Councilmembers concurred. PRELIMINARY PLANNED DEVELOPMENT AMENDMENT& Cr„` ,.'DITIONAL USE PERMIT,TED BOLLES Community Development Director Rekow.;gave a.gtaff Qport. Councilmember Wachter expressed a concern about the traffic flow Within the deli§ICSpin :; i :;s,3acicg of cars trying to get back onto Rahncliff• Road. Mr. Bolles responded that he feels moet''Of•tFii'traffio' rfi':exlt on to Rahncliff Court. They are In the process of having this reviewed by a traffic engineer, so It may.rne back to staff with modifications. After some discussion, Masin moved, Wachter seconded a motion to pprove a preliminary planned development amendment to construct a Dairy Queen store and 48 parking spaces within the Rahncliff 2nd Addition Planned Development, subject to the following conditions: • • EAGAN CITY COUNCIL MINUTES;OCTOBER 2,1995 PAGE 7 .... ..... 7 .. 1. A 2,780 square foot Dairy Oueen'iFeslau'rant with a drie'Cru window Is approved to be developed on Lot 2, Block 1, Rehndiff 2nd Notion. 2. The site design shall be consistent:W:0 a prop d::site plan sheet dated August 30, 1995. 3. The color of the brick exterior shall be similar to the brick used on the existing Rahnciiff strip shopping center building. 4. Berming shall be added between• r ing.areas and public right-of-way. • 5. The landscaping around the perimeter.o ttie'sjfe's1'iair be Increased with a mixture of overstory and understory plant material that will provided site wit: iear-round color. • .L S 6. All rooftop mechanical equipment shall.be reenett from view. 7. The grading plan should be revised to iiicorporatb detailed grading and erosion control information and berming along the south and west perimeter of the site. 8. The water service extension to the pi:oposed building shall meet City standards. 9. Approval of a final planned develpmient agreement, shall include the final site plan,final lighting plan, final building elevation plain: iiisl;:sign,plan and final landscape plan. Upon submission of • these final plans and execution of ortlig:ilf*Ainned development agreement, the final planned development may proceed to the City..Council:tcl .approval. .r 10. The developer shall submit easementiihpugiVipiliietekiew and approval by the City Attorney for the shared driveway access ease :gitd:trie easement over the existing bituminous trail along Rahndiff Road. These easemeOika ments shall be recorded at Dakota County. Aye: 5 Nay: 0 • Masin moved, Hunter seconded a motion to approve a conditional use permit to allow a 27'tall 124 square foot per side pylon advertising sign:qp; .:2;;.8•boclt.:.;.:Fiattnpliff 2nd Addition, subject to the condition that the conditional use permit be recorded att fd:Ci iaty i ithIn160 days of Council approval. Aye: 5 Nay: 0 CONDITIONAL USE PERPJ TRANS P.?pRT AMERICA Mayor Egan removed himself from this discuss ii,and too the gavel over to Council Vice President Hunter. Community Development Director Reichert gave a staff4eport. Counciimember Hunter questioned • whether a permit can be Issued due to the fact that the off-street parking ordinance was just adopted. City Attorney Sheldon indicated that the Council can authorize the permit, but it can't be Issued until the ordinance is published. After some discussion concerning loss of trees, Masin moved,Wachter seconded a motion to approve a conditional use permit to allow off-street parking assQctated with Transport America, subject to the following conditions: 1. The conditional use permit shalWeg5egAL.•D fct t County within 60 days of Council approval. 2. The use granted herein is solely for the benefit of•Lot 9t.Block 1,Sibley Terminal Industrial Park for . the off-street parking of passenger vehicles. • • EAGAN CITY COUNCIL MINUTES;OCTOBER 2,1995 . ) PAGE 8 3. The parking area is to be constrtiid with a bftuminougtrface,concrete curb and gutter,lighting and a storm sewer drainage system in conformance H!ith City Code Chapter 11, Section 1.10, Subd. 12, 'Design and Maintenari Ltf Off-Street Pairig Areas.' 4. The parking lot shall be used for passes•only. • 5. The developer shall submit a Landscape Plan for review and approval prior to the City releasing the conditional use permit for recording. 6. The developer shall provide tree j*.:#.15,1VgiplyAfAfF.;Category A trees or 68 Category B trees or 136 Category C trees. •••• • • 7. The developer shall install tree protective measures(I.e;4 foot polyethylene laminate safety netting) at the drip line or at the perimeter of tb :;rritical roi` :*one, whichever is greater, of significant trees/woodlands to be preserved::and. act :City:Forester at least five days prior to any site grading. 8. The City Council shall adopt the proposed ordinance amendment to add Section 11.10,Subd. 12.1 and amendments to Section 11.20 relating to off-street parking. Aye: 5 Nay: 0 Council Vice President Hunter turned the gavel back to Mayor Egan. CONDITIONAL USE PERMIT AND VARRIA1g .:FOR RYAN CONSTRUCTION COMPANY Community Development Director Reiche: nave a staif;.report. Steve Schwanke, of RLK Associates, representing Ryan Construction Company, noted:tI at..pn tuirm:p'ocasions, Ryan Construction was told by staff that a pond was not required on-site. Based..m*at.tifotii ation,the property owner closed on the property. They then began working on a site plan,and: a tC'Td again that an on-site pond was not required. Since that time, the property to the south Is no longer available, so their options are limited at this time. They feel they can meet the Intent of the code with the variances. Some discussion followed concerning the landscaping. Lauren Fiorine,4085 Lexington Avenue, noted that this is a highly visible area and feels that should be taken Into consideration. Councilmember C:elso;rtoted the•letter from National Business Systems, who are opposed to this. He reviewed sections.Qf :i�tdkianue: lt>'i with conditional use permits which states they must be compatible with the existing or'irate itiiificliawacter cif the general vicinity and not change the central character of the area;and that ingress/egress Hi18hot crea1Q:traffic problems. He feels this request has problems In both of those areas. He indicated he fags truciN companies; however, he feels there are certain places that they do not belong, and this is one'•. ; :them. :doesn't feel this conditional use permit is warranted. ... • Councilmember Masin wanted to know why they were told that they didn't need the on-site ponding. She feels It puts the Council in an awkward position to deny this. Community Development Director Reichert Indicated that staff tries to give applicants their best judgment in these situations; however until the Council approves the conditional use permit, staff cannot make any gu6ifitOees that the permit will be granted. Most people don't close on property until their approvals are grariV . Applicants have no vested right to a conditional use permit. That is a discretionarjt.c edsi...cM;4he.:pal of the Council.'It Is possible that staff did not think a conditional use permit would b it; qulr 1j1.tftis' :It was the amount of paving that required the ponding. Kent Carlson, of Ryan Construction, stated he feels request is different than other trucking companies. They don't make any money by having trucks sitting there. This Is more of a corporate type of facility. He feels It is compatible with the area. Some discussion followed. EAGAN CRY COUNCIL MINUTES;OCTOBER 2,1995 PAGE 9 • :•:•:,.:.;:•:•:•:•:::••••••••••:.••••••••••••••:::::::: ,..,..••••••••• • • Wachter moved, Hunter seconded a:Olition to deny a coltittional use permit for Ballard Moving and Storage to allow outdoor storage of semi-truoya:.and trailers. Cogwilmember Hunter noted that the reasons for denying this are due to language in thii* itional use..Otnit ordinance, paragraph C dealing with compatibility,and ingress/egress issues creatir4:0444.Tobl'Aittili;:ilie doesn't feel this conditional use permit meets those sections of the ordinance. Counclifriiiiiitik*Mir added that he feels this parcel Is too small for the extended use that is intended. Mayor Egan noted that It is too small to be developed without a variance, and the variance Is not justified. Aye: 5 Nay: 0 CONDITIONAL USE Ppm", SAFETY-KLEEN CORPORATION • Community Development Director Figleigiiiji**Sitiffie*. Fred Ferris,of Safety-Kieen,explained the type of material they will be handling, and notectithit he *Abe emergency response procedures as requested. Hunter moved,Wachter seconded a motion.K approvege conditional use permit to allow outdoor storage of an above ground storage tank for non-flerOable rnit*1 spirits on part of Lot 4, Block 1, Sibley Terminal Industrial Park, subject to the foliolkit*:0041t184;:::::::::::.;:::::: • 1. This conditional use permit shall be recorded at Dakota County within 60 days of Council approval. 2. The material stored shall be limited-fa non-flammable mineral spirits. 3. The tank size is limited to 10°610latneter by 18' 1-1/2 height with a capacity of 11,743 gallons. Safety-Kleen Corp. shall submit to theCiiiiii.pppy. ;#Its current emergency plan for the Eagan site and shall submit any amendments made tfikettikitiihe future. Aye: 5 Nay: 0 • EVAIMITIVINPRWAIINOTAINFAIIMPAlt, Counclimember Hunter noted that the Inver Grove Heights City Council approved a conditional use permit on a site adjacent to Captain Dodd Park for a mini-storage facility. The City of Eagan expressed concerns to their City Council regarding an Industrial or commercial use being located so close to a city park and high-valued residential development, a9tilmggestedAeyeral.Improvements such as setbacks, screening, • eta, and none of these were taken into cork4s*gttgiti::00::giof:nrove Heights City Council He finds this appalling, due to the fact that the City of Eagan tön utilities to service their inadequate utility system. Because of that, he would like the city to draftpetter tagiem and suggest that they reconsider their action and take these concerns Into account. He indkated the rOtier should state that the city will not grant the drainage easement needed for this project,and thaNaff will Ogiiindergo any discussions with Inver Grove Heights staff regarding extension of utilities until this situation Isiikolved. Mayor Egan expressed a concern about writing a letter about this,and indicated he would like to hear from staff as to what happened at the meeting before the Council makes a decision on this. Community Development Director Reichert reviewed what happened on this request. She noted that staff made some suggestions to the Inver Grove Heights staff,and their staff respkOed that those things were not required by their code,so they were just imposing minimum standards. Staffinted out to them that additional conditions can be added to the conditional use permi ;:ney:Oci:ImppAeme:of their requests regarding fencing. They generally got a non-committal response,aniiii0W*1100104440 it is on the other side of town,It Isn't a big issue for them. Discussion followed. Councilmember Wachter suggested that the city request a copy of their plans for the west side of Inver Grove Heights. • • Hunter moved, Wachter seconded a motion to address a letter to Inver Grove Heights requesting reconsideration of this matter,and Indicating that there will be no further cooperation with them until this issue • EAGAN CiTY COUNCIL MINUTES;OCTOBER 2.1995 PAGE 10 is resolved. Aye: 5 Nay: 0 Community diiicielopment Directoi F ichert noted that their plan has a lot of Industrial property along the Eagan border. 'Fie.Council may warAtito discuss the entire border area to make sure that both cities have compatible long-teriOnd uses. MaygiAjan noted he hopes the letter is drafted in such a way that it keeps discussions open wif€fiiimbeesi a both cities will need to work together In the future. Some discussion followed. • SW- MITAtiLi Community Development Director Reichert noted a request was received from someone who wants to build a second garage on their lot,and the0i;iiii:.040A:poiltgAtiyAlze restrictions. There was another Issue like this and it was suggested that the code'snatilif *W of i;piace some size restrictions on garages. Counciimember Hunter asked whether the city has an e'tiforcemi3i;r mechanism to see whether the garage is being used for an industrial use. If it can't be enforcedAen restrictions are needed. Community Development Director Reichert noted that this has been an Issue be and fOirgilt should be addressed. Councilmember Wachter and Mayor Egan concurred. Councili t•Wachter tflrected staff to draft an ordinance change regarding garage size. Councfinembers coriewred:' Director of Public Works Colbert noted that the Red Pine Lane/Highway 3 intersection is close to being finished. One of the conditions i'n getting the neviFrailroad crossing from C.P Rail was that upon its completion, the city would close the existing Gun Club Road crossing of the C.P Rail and Its access onto Highway 3, and dose the Farm Road connection from Dodd.Apad to Highway 3. There are several businesses on Gun Club Road that need access, so only a portion of:; :tvedway can be abandoned. He asked the Council whether he should initiate a vacation of the remainder of:Giiti:G4itb;l3oad so it reverts to the adjacent property owners, so the city would no longer need to maintain it. Coiincifitietis Indicated they feel the vacation should be pursued. Wachter moved, Masin.seconded a.nwtiotflp a peciai work session at 5:00 p,m. on October 17, 1995 and a special work session on Octobak:24:it:'5;00 p.m. Aye: 5 Nay: 0 Councilmember Wachter raised an issue as to whether there should be a couple of alternates to the Planning Commission. Discussion followed concerning the number of people on the Planning Commission. He also brought up the issue of having the bell mounted in the Council Chambers;and using excess brick for the City Hall signage. He also requested the,.numbRt;p1.squarefootage available on both the Municipal Center site and Fire Administration site. He also r li*st #gt1 Updaf*n the drainage problem on Lone Oak Road. Director of Public Works Colbert gave an explanation:' `' Councilmember Masin reviewed the possible M TA bus titers'strike. She complimented the people who worked on the Holz Farm Open House. Maya :Egan c ilincurred, noting that the entire Parks and Recreation Department should be commended for their work on t;f!I ,as well as the Advisory Parks, Recreation &Natural Resource Commission members. Councllmember Masin noted a Minnesota Chamber of Commerce transportation seminar on October 12. Discussion followed on the opening of the Civic Arena. Councilmember Hunter noted that he is being asked about the Promenade project and people are very excited about the project and looking forward to k. He asked%%tiler the police were patrolling the Red Pine Lane area-due to recent parking problems in the area. AdministfAr Hedges indicated he isn't sure; however, he was Informed that the school district will.;haye mSt. ;a;!.0.:afety.ward at that intersection as well. Counciimember Hunter asked when fonTial•adoption'o 1Fie tree preservation guidelines would come back to the Council. City Attorney Sheldon noted that It will::#; going to the Planning Commission first. Councilmember Hunter expressed a concern about the mismatfted stone on the Municipal Center building. He indicated that unless the company offers a guarantee with an escrow, he feels the city should insist the • • • EAGAN CITY COUNCIL MINUTES;OCTOBER 2,1995 PAGE 11 stone be replaced. Councilmember Wachter incurred and note8:tfaat he feels it should be discussed at the upcoming Public Works Committee meeting. `M`p`��ipcussiijo!yn/.f7fo��llowe ..: : • Wachter moved, Egan seconded a motion to approve the checklist dated September 29, 1995 in the amount of$3,957,855.82. Aye: 5 Nay: 0 The meeting adjourned at 9:46 p.m. • "" DLP • Date City Clerk• If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, EagarrMN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the polio!.that all persons have equal access to its programs, services, activities,facilities and employment without re WO:,rage,color,creed,religion,national origin,sex,disability, • age, marital status or status with regard to publiees st p .. • • • • • • • • • • •• .r Agenda Information Memo October 17, 1995 Eagan City Council Meeting All agenda items listed under the Consent Agenda require only 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 Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. Personnel Items Item 1. Part-time Receptionist/Clerical Technician II/Police Department-- ACTION TO BE CONSIDERED: To approve the hiring of Kerry Yehle as a Part-time Receptionist/Clerical Technician II for the Police Department. FACTS: After testing and interviews, it is the recommendation of Chief of Police Geagan, Office Supervisor Vasquez and Assistant to the City Administrator Duffy that Kerry Yehle be hired to fill the vacant Part-time Receptionist/Clerical Technician II position in the Police Department. Item 2. Temporary Part-time MIS Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Teresa Pojman as the temporary part-time MIS Intern. FACTS: • It is the recommendation of MIS Coordinator Peterson and Assistant to the City Administrator Duffy that Teresa Pojman be hired for the vacant temporary, part-time internship in the MIS division. Item 3. Seasonal Pre-School Program Substitute-- _ ACTION TO BE CONSIDERED: To approve the hiring of Angelia Degenaar as a seasonal pre-school program substitute. Agenda Information Memo • October 17, 1995 Eagan City Council Meeting FACTS: After interviews, it is the recommendation of Recreation Supervisor Nowariak that Angelia Degenaar be hired as a seasonal pre-school program substitute. Item 4. Seasonal Equipment Maintenance Worker- • ACTION TO BE CONSIDERED: To approve the hiring of John VanDiver as a skilled seasonal equipment maintenance worker. FACTS: It is the recommendation of Chief Mechanic/Shop Supervisor Streefland that John VanDiver be hired as a skilled seasonal equipment maintenance worker. Item 5. Part-time Seasonal Concession Stand Workers/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Chris Beckman, Christena Benz and Andrew Flocchini as part-time seasonal concession stand workers in the Civic Arena. FACTS: After interviews,it is the recommendation of Civic Arena Manager Burkart that Chris Beckman, Christena Benz and Andrew Flocchini be hired as part-time seasonal concession stand workers for the Civic Arena. Item 6. Part-time Seasonal Skate Guard/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Mary Volden as a part-time seasonal skate guard for the Civic Arena. FACTS: • After interviews, it is the recommendation of Civic Arena Manager Burkart that Mary Volden be hired as a part-time seasonal skate guard for the Civic Arena. Item 7. Part-time Seasonal Skating Instructors/Civic Arena-- ACTION TO BE CONSIDERED: • To approve the hiring of Nora Bundy, Alison Kending, Deborah Marsh, Jacqueline Nichols and Mindy Roux as part-time seasonal skating instructors for the Civic Arena. . Agenda Information Memo October 17, 1995 Eagan City Council Meeting FACTS: After interviews, it is the recommendation of Civic Arena Manager Burkart that Nora Bundy, Alison Kending, Deborah Marsh, Jacqueline Nichols and Mindy Roux be hired as part-time seasonal skating instructors for the Civic Arena. • • Agenda Information Memo October 17, 1995 B. PROJECT 693. CEDAR GROVE 11TH & 12TH ADDTI'ION- STREETLIGHTS ACTION TO BE CONSIDERED: To approve a contract with Dakota Electric Association for the installation of streetlights within the Cedar Grove 11th& 12th Additions under Project 693 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On October 2, 1995, the City Council held a public hearing and subsequently approved the installation of residential neighborhood streetlights within the Cedar Grove 11th& 12th Addition. • This subdivision lies within the Dakota Electric Association service area. As such,they will be performing the installation of these streetlights. • The approval of this contract will allow the installation of these streetlights to be completed yet this fall. • The contract amount equals the estimate contained in the feasibility report. • This contract has been reviewed by the Public Works Department and found to be in order for favorable Council action. • • • . . lr Agenda Information Memo October 17, 1995 Eagan City Council Meeting C. JOINT POWERS AGREEMENT WITH THE SOUTH METRO DRUG TASK _ FORCE ACTION TO BE CONSIDERED: To approve the 1996 Joint Powers Agreement for the South Metro Drug Task Force FACTS: Apple Valley,Burnsville,Eagan,Lakeville,and Dakota County have been part of a Narcotics Task Force known as the South Metro Drug Task Force since 1988. Each year we are required to • sign a Joint Powers Agreement for the following year. This is a joint operation that is financed by the participating governmental agencies and a grant from the Federal Government of $145,000 for 1996. Agenda Information Memo October 17, 1995 D. COMPREHENSIVE GUIDE PLAN AMENDMENT: SOUTHEAST PI DUST_RTAL AREA ACTION TO BE CONSIDERED: Approval of a Comprehensive Guide Plan Amendment changing the land use designation for Halley's Addition and two unplatted parcels between Highway 3, Red Pine Lane, Gun Club Road and Halley's Addition'from D-I (Single Family Residential) to IND (Industrial). FACTS: • In September 1994 the City Council initiated a land use study for the area in the southeast corner of the city generally bounded by Highway 3, the Eagan/Rosemount Border, Gun Club Road and Red Pine Lane. • At the conclusion of this study the City Council determined that the existing I-1 zoning for approximately 20 acres within this study area was appropriate and directed the APC to hold a public hearing to change the existing Comprehensive Guide Plan land use designation from D-I (Single Family) to IND (Industrial) for those properties. • The Planning Commission held a public hearing on this guide plan amendment on August 22, 1995 and recommended approval of the amendment. • On September 5. 1995, the City Council approved the amendment subject to Metropolitan Council review and approval. • In correspondence dated October 2, 1995, the Metropolitan Council informed the City that the proposed amendment has no potential impact upon any metropolitan system plans. • Final approval, by resolution, of the Plan amendment is now in order. ATTACHMENTS: • Letter from Metropolitan Council approving amendment - page 7 —. • Resolution amending the Comprehensive Guide Plan - lSJ It • Metropolitan Council Working for the Region, Planning for the Future . c..: October 2, 1995 . Ms. Lisa Freese City of Eagan 3830 Pilot Knob Road Eagan MN 55122 RE: City of Eagan Plan Amendment Land Use Designation Change from Single Family to Industrial-20 Acres Metropolitan Council District 15 Metropolitan Council Referral File No. 16142-7 Dear Ms. Freese: The Metropolitan Council staff has reviewed the city of Eagan's plan amendment received by the Council on September 18, 1995. The amendment proposes to change the land use designation on 20 acres of land from single family to industrial. We have determined that the proposed amendment has no potential impact upon any of the metropolitan system plans. Therefore, the city may place the amendment into effect immediately. Because the proposed amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide, the Council will waive further review and comment on this amendment. The amendment, explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. This concludes the Council's review. • Sincerely, i' .....-.Ze../-___ .....-0 — Chuck Ballentine . Director CB:ret cc: Kevin Howe, Metropolitan Council District 15 ' - Lynda Voge, Metropolitan Council Staff ' Richard E. Thompson,•Metropolitan Council Staff 1\ Ruth Ann Sobnosky, Mn DOT ■) 230 East Fifth Street St.Paul,Minnesota 55101-1634 (6 ) 29 - • Fax 291-6550 TDD/TIY 291-0904 Metro Info Line 229-3780 An Y. • Opportunity Employer RESOLUTION NO. 95- A RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, the City Council of the City of Eagan adopted the Comprehensive Guide Plan on April 19, 1983, pursuant to the requirements of Minnesota Statutes, Section 473 .864; and WHEREAS, the City conducted a land use study for the Southeast Area, that area of land in the southeast corner of the city generally bounded by Highway 3, the Eagan/Rosemount Border, Gun . Club Road and Red Pine Lane, and determined that an Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto was in order; WHEREAS, the City determined that it was appropriate to change the land use designation from D-I, Single Family to IND, Industrial for a portion of the study area including Halley' s Addition and two unplatted parcels between Highway 3, Red Pine Lane, Gun Club Road and Halley' s Addition; and WHEREAS, a public hearing was held by the Advisory Planning Commission of the City of Eagan on August 22, 1995 at which time , the Advisory Planning Commission recommended approval of the Amendment to the Comprehensive Guide Plan; and WHEREAS, on September 5, 1995 the City Council of the City of Eagan approved the Amendment to the Comprehensive Guide Plan on approximately 20 acres changing the land use designation from D-I, Single Family to IND, Industrial subject to the approval of the • I Metropolitan Council; and WHEREAS, the Metropolitan Council has determined that the Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto has no potential impact upon any of the metropolitan system plans and therefore the City may place the Amendment into effect immediately; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA hereby adopts an Amendment to the Comprehensive Guide Plan changing the land use designation of approximately 20 acres of land as shown on Exhibit "A" attached hereto from D-I, Single Family to IND, Industrial. THIS RESOLUTION passed this day of , 1995 by the City Council of the City of Eagan, Minnesota. BY: Thomas A. Egan, Mayor ATTEST: E.J. VanOverbeke, City Clerk :,,,t.,,t1.- -- ;.i-. .• ,..,-.+ice" -- -.....--.. F;.;,:..44•::•; •(,.. . . • . / .,:.' / //!. . ‘■Z:V.i .. 110 T''— .44 • I . " " ../ ........ .. ,,,,, , . . - ..,.. • - • --;ppm •, • '. •1/10 lesoiii:1012$II . rr.) .1 ,...•..- ... ■:i Adigli aii ,..,,,. pi e1 1 a I. II •ipn• ! • 1 Nk7., i /7 /fil It!.S • I •_ 1f� _ I •• i -• ,.•'7 rl /�'�,/ ,1�� LIVE I .• -.L—tJ Iii 1.-i .,'/ �. '-` �� r`. �t" ;1 I :; .: y. .. qt 'S g r 11111 ( _,:i- 1 SUBJECT SITE•/I'I 1' I I • fade 0..13 y W , 11 a•7b. • 1 7 . .r r' , I //I 1. '1//I ••• ••,I ;1 I • ° • .1 • 4;;ii 3 1. :< •- I, • • • S FF C 11 1 F7 11 I I .0' 1 •t•Ulf 1 1 . • 1 11 .1 / . ..,.. I• !r I . I: 911 CLUB b. . . OS M Sf 1. i ' ( CITY • ROSELIOtx+r - -11 , r . .1 es Ir• • ;11 1 •' 1 .1 'r•• it ,, . f,1/ 1 1111/ Y' fib` •• 1. • •,,,••1I. II ti . J ID ‘ . . Agenda Information Memo October 17, 1995 E. CONTRACT 93-GG.AUTUMN RIDGE 4TH ADDITION ACTION TO BE CONSIDERED: To acknowledge completion and authorize City maintenance for Contract 93-GG(Autumn Ridge 4th Addition-Streets and Utilities) subject to appropriate warranty requirements. FACTS: • The installation of public streets and utilities within the Autumn Ridge 4th Addition was performed privately by the developer under the terms and conditions of the development agreement(Contract 93-GG). The installation of these public facilities has been completed in accordance with City reviewed plans and specifications, have been inspected by representatives of the Public Works Department and found to be in order for favorable Council action of acknowledging their completion and authorizing perpetual City maintenance subject to contractual warranty provisions. Agenda Information Memo October 17, 1995 F. CONTRACT 95-14, CLEMSON DRIVE ACTION TO BE CONSIDERED: To approve the plans and specifications for Contract 95-14(Clemson Drive- Streets&Utilities)and authorize the advertisement for a bid opening to be held at 10:30 a.m. on November 3, 1995. FACTS: • On September 20, 1995, the City Council approved Project 691 as a result of a public hearing to provide for the installation of streets and utilities for the extension of Clemson Drive west of Johnny Cake Ridge Road. • At that same meeting,the Council authorized the preparation of detailed plans and specifications which have now been completed and are being presented to the City Council for their consideration of authorizing an advertisement for competitive bids. • • Agenda Information Memo October 17,1995 G. PROJECT 689.(HAYES &DELOSH ADDNS-STORM SEWER) ACTION TO BE CONSIDERED: To change the public hearing date for Project 689(Hayes&DeLosh Additions- Storm Sewer)from November 6 to November 21, 1995. FACTS: • On October 2, the City Council received a preliminary draft feasibility report for the installation of storm sewer facilities under the above-referenced project to service both the proposed Hayes &DeLosh Additions. • At that meeting, the City Council set the public hearing for November 6 to formally present and discuss the proposed improvements. • On Thursday, September 28, an informational neighborhood meeting was held at the Central Maintenance Facility with interested/affected property owners to review the proposed improvements with them. ISSUES: • Based on the comments,questions,and concerns raised by several of the affected property owners, staff would like to have additional time to research those issues and determine if the feasibility report should be revised/modified and/or additional alternatives included for presentation at the public hearing. Subsequently, staff would like to request additional time to perform this research and respond to the neighbors' concerns. ATTACHMENTS: • Informational meeting minutes,pages // ((r-):-- • , '�11 �1�fl I ' i� • _. city of eagan TO: FILE FROM: MIKE P. FOERTSCH,ASSISTANT CITY ENGINEER, P.EJL.S. DATE: OCTOBER 6, 1995 SUBJECT: CITY PROJECT NO. 689 HAYES/DELOSH STORM SEWER IMPROVEMENTS INFORMATIONAL MEETING MINUTES An Informational Meeting was held for the above referenced project at 7:00 p.m. on Thursday, September 28, 1995, in the lunchroom at the Eagan Central Maintenance Facility. Mike Foertsch from Eagan City staff, Mark Hanson and Steve McComas from Bonestroo, Rosene,Anderlik&Associates, the City's consultants engineering the project, hosted the Informational Meeting. Attached is an attendance list of the meeting, their parcel in relationship to the proposed improvements, and a copy of the information packet which was presented to the residents. After a brief introduction of the parties representing the City and an explanation of the purpose of the Informational Meeting by Foertsch, Mark Hanson provided an explanation of the storm sewer alternatives identified in the informational packet. Following Mark Hanson's presentation, Steve McComas provided an explanation of the bio-engineering techniques planned for this improvement. Bio-engineering techniques perpetuate the natural stream environment present in nature. The natural process of a stream attaining "equillibrium" with the existing surroundings has been studied and is predictable. The basis for"stream equillibrium' is determining the proper gradient required to minimize erosive velocities in the stream bed. This is accomplished by constructing the stream bed in a series of meandering courses. This technique may involve significant grading in some areas to provide the proper gradient of the stream bed. Associated with this grading is the introduction of natural vegetation such as grasses and willows, which provide a root structures to hold the natural soils in place. In order for the grasses and the willows to survive, clearing of existing vegetation needs to take place for sunlight to penetrate the existing tree canopy. • Tn • The clearing of the existing vegetation caused concern with the residents but Steve went on to explain that large hardwood trees such as maple, oak, etc. would be preserved and clearing would involve the willow, aspen, boxelder and other brush type vegetation. it is imperative that sunlight be allowed to penetrate to the soil in order for the grasses and willows to adequately develop root structure. The residents expressed concern with the existing springs that currently provide flowage through this area. Steve explained there are methods in which the natural springs can be either allowed to function as they currently exist, be re-directed to an area where erosion will not occur as a result of the water flowage from the spring, or vegetation can be introduced in the area of the spring to minimize erosion. . The residents questioned the amount and size of equipment that would be necessary to accomplish the bio-engineering techniques as described. Staff explained that at this point, detailed survey information has not been collected to determine what the material balance would be as a result of the proposed grading. At a minimum, a small crawler backhoe and a smaller crawler dozer would be necessary to construct the facilities as proposed. Mr. Sullivan identified the existence of an Environmental Agreement which was negotiated when the City acquired flowage easements for the development of the Prettyman Heights and the Skyline Road improvements. City staff, at the time of the Informational Meeting, had no knowledge of this agreement and would research City records' and provide an explanation at the next Informational Meeting. The residents also questioned the necessity of the High Ridge Terrace connection to Skyline Road with the proposed DeLosh Addition. City staff stated that they would research the preliminary plat minutes from the City Council.meeting and provide that information to the residents at the next Informational Meeting also. The residents questioned the necessity for the trunk area storm sewer assessments being proposed with this project. Currently, some of the parcels adjacent to this project have paid their trunk area storm sewer assessment and others have not. The issue of the trunk area storm sewer charge would be researched and the proposed assessment areas revised as necessary. The property owner of Lot 3, Block 1, Valley View Plateau#2 stated that thirty years ago this area was determined to be unbuildable. City staff said they would research the DeLosh parcel file and the Valley View Plateau #2 file to see if any information with respect to unbuildability was of record. 2 • In summary, City staff explained the purpose of the Informational Meeting was to provide the property owners adjacent to the proposed improvements with information regarding the scope and types of proposed improvements. Initially, information was conveyed to the property owners which indicated a more "traditional storm sewer project' than what has been identified at this point. Although there are areas where staff is recommending that storm sewer pipe facilities be constructed versus bio-engineering techniques employed, the majority of the project involves experimenting with bio-engineering techniques. Even though the initial construction disturbance is the same with either approach to the 'improvement, the bio-engineering technique would leave the ravine area in a more natural environment than the traditional approach to the storm sewer improvements. At this point, staff's best estimate for a cost comparison between the two techniques is that one technique is not more financially feasible than the other. The differences in the two techniques would be iin the timeframe in which the facilities would be established. The traditional approach to storm sewer pipe and restoration would probably be completed within a twelve month timeframe. The timeframe for completion of the bio-engineering techniques could take possibly two to three years before the vegetation is well established. The meeting adjourned at approximately 9:45 p.m. • •mem 3 - - - -`'---T 11 r � . _-_'_ �� _~__-- _ __�-_� ` .. . '' .' � . . . ^� '^ . ' � ,r � /- , _ CLIDV_Te.le.r4e ..e? . 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'-, 1- --- 7/ 0.‘r-I 40 r1/44"ial t:.: _ _ --4.\ ... , Li, i 4, /7(7... E.63"1-7 4 1 4iigem gi E - I sg: —• _ . Lc a- ..._ lit \ , i lir.\ ,„.)/,.. / z ( l' 4 4 v / 11 - - Li EP-E• / tn• ..,„ k „... / „ / 0 7 / -lir:\ ... ... ... . , ,, , , 4.9 ' , 8 , /, ,,,‘, -,,/, ‘:Ai -,:i . . _ • j cc ..N.,40 ,-P4,, , x / / _, 7 ,......... .. ..,... _) „:„......_,,,„-..:\ ...r- i / --1-.((.........t..... ta ec' D N m . - /• 1.. / -, , o o 700 1400 0.4 YANKEE DOODLE ROAD (Co. Rd. 28) Su* in be 1_ -�.—"" _ LOCATION PLAN .i Bonestroo. ifjg — , Aosene• EAGAN, MINNESOTA Anderlik b FIGURE 1 '1 it Associat s HAYES ADD./DELOSH ADD. STORM SEWER IMP. — CITY PROJ. No. 689 49567F01.OWG AUGUST 1995 COMM. 49567 ` i 1 r . • HAYES RA V/NE PROPOSED DRAINAGE AREA AYES ADD/770N (218 Acre&) Drainage Area . Sub Bounder a 5 .® r p� . 1 2 3 , 5 • 7 5 9 t1 • .- o �m I 1 02- /X. 7 H1 #VIEW AVE �. I a v - pint) - e EW t!E Q © 8 � HIG••VIEW" t /� `mil O 0 9 10 11 12 G + a' I $ ARK /� \.aa O *C EW,AVE ? 7 3 i 2 �..._ g >;' E .... .. rOTI N f / ~ .ANi ��. u= I S rH° lQ T 092-00 C+TM _ . JOSEpN `7 4 / , ► �� A 091-00 OF iNg i �- O. � �- VAL4. ' it 1 DE OSH ADDI 10 1 N • /3 ft: �+ 9 1 al •I ATFAU N... 2 I T4-M S .' 1 FAGA /6,6 �/,/ e0' ,o a REMIgK AD , PARK \ eR` 9- / t ,of . 2 3... 5 a u..._ mHIGHyy OS.k. DR. / r_.SKYLINE DRIVE-- EX. O°? 1 a R! ctit N RE. =ROMAN I i '� S� :I l l IN" T��I sE o. 1 i0? ' AGR'' .1 ''.:" R IS/ ST IL S AD o' ----c ` i 1 'P N D• Y --� H -11 PRO-!.SED RU R. i ' - T 10� -- / REF EE _ _ I EXISTING PROJECT DELOSHRAV/NE 543R-STORM SEWER DRA/NAGEAREA (362 Acres) • I N 0 250 500 Swl. In fist DRAINAGE AREAS 14 Bonestroo Rosene EAGAN, MINNESOTA FIGURE 2 II Ass? ' et ci t HAYES ADDITION/DEI_OSH ADDITION � Ass . STORM SEWER IMP. — CITY PROJECT No. 689 49567F02.DWG AUGUST 1995 COMM. n7 • -- - - - _ -I�_ r \9 8 I 7 Existing Profile Grade . <.:...--.:4\-'''': 2 01 Ex. ' 2" FROM POND HP-1 1, I-3' MAX. HEIGHT cv 10 II _... BUILT UP PRO "- ED SEDIMENT. .-IP Z DELO ADD. ° OVER TIME. RIPRAP LA.1 6 G ...J ABION BASKET DITCH (BLOCK ' ' ,--r i Typical Profile O Z Ex. 30" POND-HP--11 4 4 10 4 /SW SEWER OUTLE% 0 j !� Q P� OPOSE0/2'RCP 2 ij Lu 3 PROPOSED CAB%ON 3 Q W s BASKET DITOMBLOCK 3 `�� 9 '8 3 P� �o;� 012-77(/ 2 I=1 2 lI Q 2 P I I . 4 �_._ 1 ROPOS 0 7 I I 1 AYES 012 FUTURE 3 BRIDGEVIE ERRACE PRIVAT ~' HAYES-RAf?N= ._ _N ,___� --DRI- - 1 2 STOR,t/SEIYE- / • PROI ED24"` - 7 r --1 - ' 1 ^� C 1 2 Bra/OGE�EiY �/ 7ER CE CUL VERT I I (,,,�osP 2 3 PROe ED ' 4"RCr o � , o N 4 5 I 2 � � al�p. S 6 W. r 2 Ha es0 !% o Op/J/D,V 1(Ravine \ 1J /''.f' �4E`j)�'� 4/0• txi� 'Or hoc/,p Q Mk ' DEL OSHRAV/NE�9�STOr AIQN PROPOSED GAB/ONBASKETD/TCH ` l 1 , BLOCK TO CONTROL EROS/ON. �. - REA/OVESCATTERED BOX ELDERS/ rh: YARD WASTE THROUGHOUT RA.WNE 73. `-..- ESTABL/SHERODED AREAS or/NATURAL ■ VEG E TA T/O N/GRASSES AND TREES 41/04, A, x 72" (SANDBAR iY/LLO1V8) � C 1%4 -,...-Z STORM SEWE IMPROVE 'NtS 100 200 DELOSH RAVINE -RESTORATION' ScsIe In feat w/GABION BASKET DITCH BLOCKS n Bonestroo Rosene ' EAGAN, MINNESOTA FIGURE 3 A et /.HAYES ADDITION DELOSH ADDITION Asssocsociik iates STORM SEWER IMP. — CITY PROJ. No 689 • 49567F05.DWG AUGUST 1995 COMM. 495 \,9 8 I 7 . ® 2 0 Ex. ' 2" FROM POND HP-11- 5 " 6 7 8 it ■ 7 �_`� POND 1P--if __ �_ HIGHVIEW TERRACE gyp' STORM EWER T sf W • W OU T•6 W 6 412 Q 6 J 1 ;r 6 �. 5 5 11 4.1 5 J Vii Ex. 30" 4 4 10 4 PR'S Q 's 0 DEL 0.0 ADD. 3 C� 5 012-77 ---------• /_ 3 9 Y�Pv 9 -'" ,. I t ` p` �' 2 ' 2 8 ,„\Y''.\ 2 i B�9/DO 'Y/EWY TERRACE PROPOS• D II C!/L VERT 4 117Z- ' A E,AYWM; I 1 7 FUTURE I ( 3 + STOR/t/SE i t BRIDGEV/E ' TERRACE PRIVAT / 1 __ ,,:. _ _1 ) --DRIVE — f� 2 1 ' 1 , � 2 t�i i // I�2 1�� ,JOS P L, /2 3 4 Q• P S 5 6 W o1 3 ......../.4. 1 1 // . ------- 770t A, -4 . It 1 I Ravine ��;' \�'`•-Fy '�-. O' 2 p� 2 � ‘� 4 �; \-Ex i st.�`',�� cov Q v/tc — .� /ELOSHRAWNE�'�• �``• D��\ �'�_\ / PROPOSED 24; BLOCK;,;� ) 1 27"d 48"RCP T.y T `.. UN/c -Z—r /�/ x. 72" o 100 200 'QL'/F/L+ R� scot* in lout STORM S E W E I M E T S DELOSH RAVINE RESTORATION . w/STORM SEWER PIPE ill Bonestroo Rosene IN . EAGAN, MINNESOTA FIGURE 4 II Anderlik d HAYES ADDITION/DELOSH ADDITION Assoc(ates STORM SEWER IMP. — CITY PROJ. No. 689 49567F03.DWG AUGUST 1995 COMM. 49567 c).;=)___. RESOLUTION NO.95- RESOLUTION FOR ADVANCE ENCUMBRANCE OF STATE AID FUNDS TO CITY REGULAR ACCOUNT WHEREAS,The City of Eagan has obtained the Commissioner's approval of the plans for the following Municipal State Aid Street Project: S.A.P.No..195-112-03 Yankee Doodle Road Located between Lexington Avenue and Trunk Highway 149 Consisting of complete reconstruction,bituminous surfacing, concrete curb, etc. AND,WHEREAS,said City is prepared to proceed with the construction of said project by providing other state aid funds to supplement the available funds in its Municipal State Aid street Account. �. WHEREAS,repayment of the funds so advanced by the municipality is desired in accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6. NOW,THEREFORE,BE IT RESOLVED: That the Commissioner of Transportation be and is hereby requested to approve this basis for financing and construction project and to authorize repayments from the subsequent accruals to the Construction Account of Municipal State-Aid Street Fund for said City within the limitations provided by law and at the times and in the amounts as herein indicated: On or after October 3, 1995 -$870,221 from 1996 Allotment On or after February 1,1996 - $441,832 from 1997 Allotment I, Eugene J. VanOverbeke, duly appointed and qualified City Clerk in and for the City of Eagan, State of Minnesota, do hereby certify that the above is a true and full copy of a resolution adopted by the City Council assembled in regular session on the 17th day of October, 1995. Eugene J. VanOverbeke, City Clerk City of Eagan • Agenda Information Memo October 19, 1995 H. APPROVE RESOLUTION-MUNICIPAL STATE AID FUNDS ACTION TO BE CONSIDERED: Approve a Resolution requesting advanced encumbrance of Municipal State Aid funds and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The staff has reviewed and analyzed the current Municipal State Aid Street (MSAS) funds available to the City of Eagan and the outstanding projects eligible for these funds. The result of this analysis indicates that there is currently a peak need for MSAS funds to finance major street improvements within our community. • Recent revisions to the MSAS rules allows the City to request an advance of subsequent years' allocations so that the City can invest and/or allocate these funds to current projects.P • This process allows the City to maximize its financial resources enabling it to minimize local participation requirements. ATTACHMENTS: • Resolution,page Agenda Information Memo October 17, 1995 Eagan City Council Meeting I. SET PUBLIC HEARING, FINAL ASSESSMENT OF DELINQUENT WEED CUTTING AND FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for (date) to consider the final assessment of the delinquent weed cutting and false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: The City annually considered unpaid bills for certification to the County. Further information relative to this year's delinquent bills will be distributed at the time of the public hearing. • Consent Agenda Information Memo October 17, 1995 Eagan City Council Meeting • J. APPOINTMENTS TO HOLZ FARM TASK FORCE • ACTION: To approve the Addition of the following People to the Holz Farm Task Force. 1. Pam Johnson 4775 Dodd road Eagan, MN 55123 2. Steve Levin 641 McFaddens Trail Eagan, MN 55123 3. Vivian Neiger 1541 N. Greenwood Court Eagan, MN 55123 4. Patti Johnson 4625 Dodd Road Eagan, MN 55123 FACTS: • The task force was organized several months ago and has both Advisory Parks, Recreation and Natural Resources Commission and City Council members, staff and citizens. • The task force makes recommendations to the Advisory Parks, Recreation and Natural Resources Commission and City Council before proceeding to the City Council. • The task force has lost a member (Tom Walkington) due to resignation. • The Holz Farm Project has interested additional citizens who wish to participate in the planning project. • • Jon Oyanagi is the staff liaison to the task force. • These individuals will be presented to the Advisory Parks, Recreation and Natural Resources Commission and City Council for recommendation on October 16 and October 17 respectively. • • KV;ds hots ferm/ds a6;' Agenda Information Memo October 17, 1995 Eagan City Council Meeting K. FINDINGS OF FACT, DENIAL OF CONDITIONAL USE PERMIT - BALLARD TRANSFER & STORAGE ACTION TO BE CONSIDERED: To approve the Findings of Fact on denial of a Conditional Use Permit for Ballard Transfer and Storage located on Lots 1 through 3, Block 6, Eagandale Center Industrial Park. FACTS: Ballard Transfer and Storage was requesting a Conditional Use Permit to allow outdoor storage of semi-trucks and trailers on Lots 1 through 3,Block 6, Eagandale Center Industrial Park. This outdoor storage is associated with a proposed 53,318 sq. ft. office/warehouse building to be located at the southeast intersection of Center Court and West Service Drive in the SE quarter of Section 3. BACKGROUND/ATTACHMENTS (1) Draft copy of CC minutes of October 2, 1995, pagesi ftnvngh • • • • EAGAN CITY COUNCIL MINUTES;OCTOBER 2,1995 PAGE 9 CONDITIONAL USE PERMIT Mgt VARIANCE FOR RYAN CONSTRUCTION COMPANY Community Development Director' eichert gave a staff report. Steve Schwanke, of RU(Associates, representing Ryan Construction Company{a c ted ;.... ct c casions, Ryan Construction was told by staff that a pond was not required on-sfte. Ba :? t ki :n1c c itn the property owner dosed on the property. They then began working on a site plan,apd.were told again that an on-she pond was not required. Since that time,the property to the south is no long .,tvallable, so their options are limited at this time. They feel they . can meet the intent of the code with the vaflances. Some discussion followed concerning the landscaping. Lauren Florine,4085 Lexington Avenue, noted that this is a highly visible area and feels that should be taken into consideration. Councilmember Hunter also noted the letter from National Business Systems,who are opposed to this. He reviewed section&;.pf the ordinance dealing with conditional use permits which states they must be compatible with the existiri0::iqr intended character of the general vicinity and not change the central character of the area;and that ingr*/egress: li not create traffic problems. He feels this request has problems in both of those areas. He InEgited he::#errors trucking companies; however, he feels there are certain places that they do riot belong,ariil''this•is orie:of them. He doesn't feel this conditional use permit Is warranted. Councilmember Mersin wanted to know why they were told that they didn't need the on-site ponding. She feels It puts the Council in an awkward position to deny this. Community Development Director Reichert Indicated that staff tries to give applicants their best judgment in these situations; however until the Council approves the conditional use permit, staff cannot make any guarantees that the permit will be granted. Most people don't close on property until their approvals are granted. Applicants have no vested right to a conditional use permit. That is a discretionary decisipri Ait'tfi :Oart of the Council. It is possible that staff did not think a conditional use permit would be regu3 d ':ky:his'case, It was the amount of paving that required • the ponding. :::: -: • Kent Carlson, of Ryan, Construction;:sti eQ::;he;feels this request is different than other trucking companies. They don't make any money by haviridt04:0p2 there. This Is more of a corporate type of facility. He feels it is compatible with the area. Some followed. Wachter moved, Hunter seconded a motion to deny a conditional use permit for Ballard Moving and Storage to allow outdoor storage of semi-trucks and trailers. Councilmember Hunter noted that the reasons for denying this are due to language in the conditional use permit ordinance, paragraph C dealing with compatibility, and ingress/egress issues creatigg.trafflc problems. He doesn't feel this conditional use permit meets those sections of the ordinance. CQ4i*Aif>1aOmber:ll sar added that he feels this parcel Is too small for the extended use that is intended. mq.w:Egarfi 'that'It'fitoo small to be developed without a variance, and the variance Is not justified. Aye: 5:i:1■Fay: 0 r ONAL US pERMIE}1AFETY-KLEEN CORPORATION • Community Development Dire • it'Ovde 'staifueport. Fred Fe h - ety•Kleen,explained the type of material they will be handling, a • -; at he has the - _ • response procedures as requested. Hunter moved,Wachter seconded a motion • . "v= .. dltional use permit to allow outdoor storage of an above ground storage tank for non-flam -• ;hits on part of Lot 4, Block 1, Sibley Terminal Industrial Park, subject to the followin•. "- ; s: 1. This conditional use r. • ;tie recorded'atimota County within • s of Council approval. 2. T stored shall bell pfted to non flamrr a mineral spirits. 3. The tank size is limited to 1 "d t #W jg' 1.412" height with a capacity of 11,743 gallo • - --J�- -..r�------ - - 11 L I Agenda Information Memo October 17, 1995 Eagan City Council Meeting L. FINDINGS OF FACT, DENIAL OF CONDTTIONAL USE PERMIT - VIDEO UPDATE ACTION TO BE CONSIDERED: To approve the Findings of Fact on denial of a Conditional Use Permit for Video Update located on Lot 3, Block 1, Thomas Lake Center. FACTS: Chesapeake Partners requested a Conditional Use Permit to allow a pylon sign on Lot 3, Block 1, Thomas Lake Centre located within the Blackhawk Park Planned Development. The pylon sign request was associated with a proposed Video Update store to be located at the northwest • intersection of Cliff Road and Thomas Lake Road. BACKGROUND/ATTACHMENTS (1) CC minutes of September 20, 1995, pagefe30 Dq • EAGAN CITY COUNCIL MINUTES;SEPTEMBER 20,1995 PAGE 9 FINAL PLANNED DEVELOPMENT AND CONDITIONAL USE PERMIT,VIDEO UPDATE Community Development Director Reichert gave a staff report. Peter Huger, of Portfolio,expressed a concern about condition 2. He Indicated that there is an outiot agreement in place so a cross parking easement agreement Is not necessary. He stated he feels the pylon sign is consistent with the Council's previous decisions on signs. He feels a precedent has been established for other business In similar situations. He gave several examples. He also noted that the staff report stated that the public has a concern about the sign, but there were no objections at the public hearing. Their application for building signage is well below - what is required by code. Bob Geriacic, 4608 Cambridge Drive, indicated he is in favor of this development, but is concerned about the conditional use permit for the sign. He feels that all of the businesses can draw from one sign for the shopping center. Councilmember Hunter referred to a statement made by a Planning Commission member that states that a conditional use permit may,be denied if it Is not harmonious or compatible with the character of the surrounding area, and asked the Assistant City Attorney if that Is a true statement Assistant City Attorney Dougherty responded that that is one of the conditions outlined within the city's code for conditional use permits. Counciimember Maslin stated she feels that a video store is destination oriented and she doesn't believe the extra pylon sign is needed. Councilmember Hunter concurred, noting that the Texaco station is significantly different because it attracts a lot more transitory traffic. Wachter moved, Masin seconded a motion to approve a final planned development proposal on Lot 3, Block 1 of Thomas Lake Center, subject to the following conditions: 1. The final planned development will include a 7,117 square foot Video Update store and 49 parking spaces (three shown as future parking spaces), landscaping, signage, lighting and building materials as shown on plans submitted. 2. Recording of a cross-parking agreement, or evidence of an existing agreement at Dakota County to allow the proposed parking lot to adjoin the existing parking lot to the west. • 3. Execution of a final planned development agreement - - Y . 4. The developer shall submit a detailed erosion control plan In accordance with City Ero- sion/Sediment Control Standards. 5. Cash dedication for trails. Aye: 5 Nay. 0 • Wachter moved, Awada seconded a motion to deny the conditional use permit to allow a pylon advertising sign. Aye: 5 Nay 0 Councfinember Hunter requested that staff prepare findings of fact on this. PRELIMINARY SUBDIVISION, PREUSSE ADDITION • Community Development Director Reichert gave a staff report. Councilmember Masin asked about the grading. Director of Public Works Colbert explained that the grading could be performed either under the development agreement, with the building permit, or separately under a grading permit process with no development proposal. After some discussion, Hunter moved, Wachter seconded a motion to approve a preliminary subdivision for Preusse Addition, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, 92, 93, 01, 02, 04, Dl, El, Fl, G1 and H1 as adopted by Council on F , 1993. 2. The applicant shall plat the property. 3'c) • --- - -- Z a..dr.s....w..-...J.dL.t.ir+-----�.._,t__..a-,-_----L- --. - • --- - - - Agenda Information Memo October 17, 1995 Eagan City Council Meeting M. MASSAGE THERAPIST LICENSES TINA HENGEL AND JENNIFER LAMBERT AT THE TROPICS ACTION TO BE CONSIDERED: To approve massage therapist licenses for Tina Hengel and Jennifer Lambert to perform therapeutic massage at The Tropics. FACTS: The Tropics located at 3942 Sibley Memorial Highway has a current massage establishment license. City Code requires that all massage therapists be separately licensed as well. • As a point, the Police Department has not identified any reason to deny either license. The applications have been reviewed by staff and are in order for consideration by the Council. ATTACHMENTS • Copies of the applications are enclosed without page number. • Agenda Information Memo October 17, 1995 Eagan City Council Meeting T COMMERCIAL REFUSE HAULERS LICENSE HAUL-TECH ENVIRONMENTAL ACTION TO BE CONSIDERED: • To approve the commercial hauling license for Haul-Tech Environmental. • FACTS: • An application has been received from Becky Hanke on behalf of Haul-Tech Environmental. The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS • A copy of the application form enclosed without page number. • • • Agenda Information Memo October 17, 1995 Eagan City Council Meeting O. GAMBLING PREMISES RENEWALS, DAKOTA COUNTY HUMANE SOCIETY, FOR LAFONDA DE LOS LOBOS AND VALLEY LOUNGE ACTION TO BE CONSIDERED: To approve renewals of gambling premises permits for the Dakota County Humane Society to operate charitable gambling at LaFonda De los Lobos at 3665 Sibley Memorial Highway and Valley Lounge at 3385 Sibley Memorial Highway. FACTS: The Dakota County Humane Society has conducted charitable gambling operations at both of the above referenced locations in the past. These operations have not given rise to any activities which would prevent permit renewal. The applications have been reviewed by staff and are in order for consideration by the Council. ATTACHMENTS: , / • Draft Resolutions on pages 3I through . • Copies of applications enclosed without page number. • 33 • • RESOLUTION CITY OF EAGAN PREMISE PERMIT FOR MINNESOTA VALLEY HUMANE SOCIETY ON LA FONDAS DE LOS LOBOS PREMISES WHEREAS,the Minnesota Valley Humane Society has applied for a premise permit renewal for a pull tab operation at La Fondas de los Lobos, 3665 Sibley Memorial Highway; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing premise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Minnesota Valley Humane Society application for a premise permit renewal at LaFondas de los Lobos, 3665 Sibley Memorial • Highway. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 17th day of October, 1995. E.J. VanOverbeke, City Clerk RESOLUTION CITY OF EAGAN PREMISE PERMIT FOR MINNESOTA VALLEY HUMANE SOCIETY ON VALLEY LOUNGE PREMISES WHEREAS,the Minnesota Valley Humane Society has applied for a premise permit renewal for a pull tab operation at Valley Lounge, 3385 Sibley Memorial Highway; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing premise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Minnesota Valley Humane Society application for a premise permit renewal at Valley Lounge, 3385 Sibley Memorial Highway. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 17th day of October, 1995. E.J. VanOverbeke, City Clerk • Agenda Information Memo October 17, 1995 • P. CONTRACT 94-16.RED OAKS ADDN& ST FRANCIS WOODS ACTION TO BE CONSIDERED: To acknowledge completion of Contract 94-16(Red Oaks Addition& St. Francis Woods- Streets &Utilities) and authorize perpetual City maintenance subject to appropriate warranty provisions. FACTS: • The installation of streets and utilities to service the Red Oaks Addition and storm sewer improvements within the St.Francis Woods subdivision were performed under City Contract 94- 16. • All work has been completed in accordance with City prepared plans and specifications and final inspections by City authorized representatives have indicated the work is in compliance. • This information is being forwarded to the City Council for their consideration of formally acknowledging the completion of this contract and authorizing perpetual City maintenance subject to contractual warranty provisions. • 3 i 10/13/95 14:59 EAGAN MICE FAC + CITY HALL NO.453 P001/002 Agenda Information Memo October 17,1995 $,PRQJECT_b_73,AUTHOR=SETTLEMENT et PAYMENT FOR Cfl Y_EASEMENT#S52.RED PINE LANE ACTION TO RE CONSIDERED: To approve/deny the stipulation for the acquisition of Easement#552 associated with City Project No.673R(Red Pine Lane)in the sum of$6,000. FACTS: • On July 19, 1994,the Eagan City Council approved the acquisition of easematta aasacaiated with City Project 673R(Red Pine Lane)through the eminent domain process. • The City Attorney's Office processed the necessary paper work to receive the "Order For Possession"of the property on July 13, 1995. • An appraisal on the property was made stating that the value of the property being acquired is $4,100. • Upon recommeadattion from the City Attorney's Office,the cost to acquire the property through the candeamation process would exceed the$1,900 difference between the appraised value of the property and the$6,000 cost which is acceptable to the property owner. ATTACHMENT: • . • Proposed �,page 3-7 R-9694 612 681 4300 10-13-95 02:58PM P001 #49 10/13/95 14:59 EAGAN 19TCE FAC 9 CITY HALL ND.453 p002/002 CITY OF EAGAN "RED PINE LANE" 11.1210/OCR 16 fs'gtC ia\ r Eb No • Pk ISIS 41111 uh tail •eliref{I m eft 1 . *i?r''''/;i/r.4• I II44L1f . •y �' ✓ .!� �'.,�.r '� 'fj 4 .#1,- .moo 1 661 (1 1 .r00;°56 ,.....e'' % I 44/47113.ii;if/s: dl 0)4* r� 4 r. ......41 4.4 N:i a tik.:4:4;:t.t. orfive : . N 4. e'' '''.' ^- 1.) / ".:::-.......07,44,,, "" '614-Uiliii . II —.:.-..... It 1 4 LIS Cr MC 11.1110 Pr.az 1 . ..... .ff i MAIM o Dui .r �. 446$ •_ a%) �4 F ` tat+trig. "'"' 1 �MP�+........,� fat e ID.oiieo-OLI•'77 i k 4 1 ' 4 4 t)/51k• g C) C C.. • i) SI�� In a 3 t4 . • f, ►0ejr►tf 1014"f r PP0 II £ or.allatt�i ii—nt avert bat part of the t.ttwing daserlhw twersrtyf • am stets 740 feat of the N00thrsat Sanyo guaartter of the aootrmue • ili�in-asatsf. layluq wsatsri TOWAhip 37 Vest 4100 of Ito *t isr ADDIT104. secor+dlhp to WO raeeidad plat therefor. Dakota County. k � • d• rictof-iayli of the. chimp, mivouu, o Paul' Sod Patilio Railroad. . *443/44 Mot$.r.ad WV/ • LaldaeulieL4At lass 008007ly of a Lens drawn 10.00 east soutasr►y of a • { tins hereinafter retorted to se Use •a■ .na described se ewanedno at tee aouthw0t dornsr of the north lea tact of the Rorttnaut quarter of said Southeast quarter of Settles *0f thence an an assured bearing of `f south 0 dooms et ■inates 21 paeande taut aton9 the most lies of mold • WOrthanit Owner of the dautbotit Quarter Of section 36 a dletanos of 120.41 foatf thanes South Si dagrass 01 .1101141 Os aaeoltde that a distance of *seat [esti manna rautarly is distinct Of 301.43 fast along a taig.eitlol ourva macaw to the north, beeino a radius of Mae Mat and a central Angie of so 4 rota sl .smote. 0f eacanss to ttha plot or Wi hovel e6►!uy IS hapinnlhe et said Lime mama thane. South 00 doors** .N nlaites is .,.tied ti pee of 1 OSOarda Bait. WPM* to tut feearibad cursed a diatoms It 73.01 teat: 1:,m 8.*„Labe:+ Moons weet.rly a diatoms or ems: toot Non • tangential cures Of t+.ELL/64114,g Whales to the berth, having e radius of 400,00 feet ands central anal. .t 33 throes 20 Mats 30 aaoonda and said Line •a• there tsr.dneting. WO Ma ION ray • *mosses'with ei taepetary eauaaatt°ossr that rt or 100 above described SOU L,AR)Z1.111/r. prolerty lying Oeutharly. or a ilea dram 34.0o test souther* of sold• h int▪ Line and ifwttharly of a lino drawn 43.00 foot sohtsstly at eye tl laid v aerow ►.....r o. imm.... 612 4300 • 10-13-95 02:5BPM P002 #49 A-9 Agenda Information Memo October 17, 1995 Eagan City Council Meeting R. EXTEND MORATORIUM ON RESIDENTIAL GARBAGE AND RECYCLING HAULER LICENSES ACTION TO BE CONSIDERED: To extend the moratorium on the issuance of additional residential garbage and recycling hauler licenses for a period of three months through February 1, 1996. FACTS: The Solid Waste Abatement Commission continues its analysis of the residential hauling and recycling system in anticipation of a recommendation to the City Council. While the commission has made progress, the item is not yet ready for final consideration by the Council. In the meantime, it is recommended that the moratorium be continued from its current deadline of November 1 for a period of three months to February 1 to permit completion of this recommendation. • • • Agenda Information Memo October 17, 1995 A. PROJECT 674.VIOLET LANE-FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 674 (Violet Lane - Streets&Utilities)and authorize its certification to Dakota County. FACTS: • As a result of a public hearing held on August 2, 1994,the Council approved the installation of streets and utilities on Violet Lane from Federal Drive to the west to service the proposed Villas • of Violet Lane subdivision. • The installation of these improvements was complete, all costs tabulated and the final assessment roll was presented to the Council on September 20. Subsequently, a final assessment hearing was scheduled for October 17. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed final assessments. As of this date, staff has received one written objection from an adjacent property owner objecting to the proposed assessments. Although the assessments to this parcel (010-06) would have been greater if allocated according to the City Assessment Policy, the developer of the Villas of Violet Lane agreed to accept any assessment above$35,000 for this parcel which amounted to$10,947.76. ISSUES: • When written objections have been submitted to proposed final assessments, it has been the City Attorney's recommended procedure to adopt the assessment roll as proposed and authorize an appraisal to substantiate the amount of the proposed assessment for the objecting property. If any adjustment is deemed appropriate upon completion of this process,the levied assessment amount can be adjusted accordingly. ATTACHMENTS: • Final assessment roll distrib ted under separate cover. • Letter of objection, page L ( . sL�`Jv �� October 4, 1995 a1 Q �D John C. Lemieux 1 QN/i? 535 Violet Lane Eagan, MN 55122 E.J. Van Overbeke City Clerk City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Written Objection to Proposed Assessment on Parcel #10-01600-010-06 Villas of Violet Lane Project Eagan, Minnesota Dear Mr. Van Overbeke: We object to the proposed special assessment being considered against my property, designated as Parcel #10-01600-010-06 and located at 1535 Violet Lane, in the amount of $35,000.00. This assessment is apparently the result of the proposed Villas of Violet Lane Project (Project No. 10P674) . I am providing this written objection pursuant to instructions provided by the Special Assessment Office of the City of Eagan, and to protect my right to appeal said assessment to District Court. - Sincerely yours, 341WSL4)4. John C. Lemieux CC: Mr. Michael G. Dougherty Eagan City Attorney Agenda Information Memo October 17, 1995 B. PROJECT 666R,WATERVIEW ADDN FINAL ASSMT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 666R (Waterview Addition-Trunk Sanitary Sewer&Watermain)and authorize its certification to Dakota County. FACTS: • On July 19, 1994, the City Council approved a project providing for the southerly extension of trunk sanitary sewer along TH 3 and the southerly extension of watermain along Dodd Road to serve the Waterview Addition. This project has been completed, all costs tabulated and the final assessment roll prepared which was presented to the City Council on September 20 with a public hearing being scheduled for October 17.- • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing and their proposed assessments. An informational neighborhood meeting was held on September 5, 1995, at 7:00 p.m. However, there was no attendance by any affectedImterested property owners. As of this date, staff has not received any objections to these proposed assessments. ISSUES: • If any objections are received prior to or at the time of the public hearing, it would be appropriate for the City Council to acknowledge those objections, adopt the roll as presented and authorize the appraisal of the affected property. If the appraisal process so indicates, an adjustment to the levied assessment can be made at a later date. ATTACHMENTS: • Final assessment roll distributed under separate cover. • Agenda Information Memo • October 17, 1995 Eagan City Council Meeting A. REVISED PRELIMINARY PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION - SAFARI AT EAGAN 3RD ADDITION. ACTIONS TO BE CONSIDERED: • To approve or deny the Preliminary Planned Development Amendment to allow a 10,500 s.f., 400 seat movie theater/restaurant (Cinema Grill) on Lot 1, a 20,800 s.f.,two-story office building on Lot 2, and a 16,640 s.f., two-story office building on Lot 3, all of Block 1, Safari at Eagan 3rd Addition subject to the conditions listed in the staff memo dated October 11, 1995. • • To approve or deny the Preliminary Subdivision Safari at Eagan 3rd Addition for 3 lots on 7.7 acres in the SW 1/4 of Section 28 subject to the conditions listed in the staff memo dated October 11, 1995. FACTS: The Preliminary Planned Development includes: Lot 1 - a 10,500 s.f., 400 seat movie theater/restaurant (Cinema Grill), 136 pkg. spaces Lot 2 - a 20,800 s£, two-story office building and 129 parking spaces Lot 3 - a 16,640 s.f., two-story office building and 106 parking spaces • The City Council denied a previous Planned Development Amendment on May 2, 1995. • On August 1, 1995 the City Council denied the reconsideration, but the City Council and staff said they would work with the developer on options. Since that time the Community Development Director has met with residents and the developer to come up with a revised plan. BACKGROUND/A� CHMENTS: (2) Staff Memo- pages through . Letter from Byron Watschke pages(,through Co . 1 • MEMO C'xr, city of eagan TO: Mayor Egan City Councilmembers FROM: Peggy A. Reichert, Community Development Director Shannon Tyree, Planner • DATE: October 11, 1995 SUBJECT: Safari at Eagan 2nd Addition INTRODUCTION = • A revised proposal has been submitted by Fortune Realty and reviewed by City staff. The purpose of this memo is to provide a review of this most recent proposal. Fortune Realty is requesting approval of a Preliminary Subdivision of three lots on 7.7 acres; a Preliminary Planned Development Amendment consisting of a 16,640 s.f. office building, a 20,800 s.f. office building, and a 10,500 s.f., 400 seat, movie theater/restaurant located on Outlot A, Safari at Eagan 2nd Addition, on the west side of Thomas Center Drive in the SW 1/4 of Section 28. BACKGROUND Since the public hearing for this item (February 28, 1995) the plan has been revised several times by the developer taking into consideration comments made by the Advisory Planning Commission, neighboring residents and the City Council. Following is a chronological history of the Safari at Eagan 3rd development. February 28,1995 Advisory Planning Commission Public hearing conducted. Planning Commission recommends denial. The plan contained one lot for a movie theater/restaurant and one outlot for future unspecified uses. March 21, 1995 City Council meeting. Fortune Realty asked for a continuance to more adequately address the concerns of the neighbors. April 25, 1995 Advisory Planning Commission. The Planning Commission reviews a revised site plan showing a medical/office building along the north property line. The developer still requesting a theater/restaurant and a restaurant. The Planning Commission recommended denial of the Preliminary Subdivision and the Preliminary Planned Development. qc--/ • Safari at Eagan 3rd Addition October 17, 1995 Page 2 May 2, 1995 City Council meeting. The City Council denied the project and direction was given to the developer to consider an acceptable revision to the PD. May 15, 1995 The City Council approves the Findings of Fact and Conclusions. June 20, 1995 The City Council continues a request from Fortune Realty to reconsider the proposal until August 1,,1995. August 1, 1995 The City Council denied the request to reconsider the proposal and approved a motion to direct the Planning Commission to commence the appropriate public hearings to make appropriate amendments to the Comprehensive Guide Plan,terminate the Planned Development agreement and initiate the rezoning process. City Council and staff also indicated they were willing to continue to work with the developer to devise a plan for the property that would be more compatible with the adjacent residential community Since that time, the Community Development Director has met individually with both representatives of the affected neighborhood and the developer in an effort to determine if there might be a development option for the site acceptable to both parties. The result of these discussions is the proposal now before the City Council for consideration. Mr Watschke changed the uses to an office building located on the most northern lot and another office building located on the middle lot. The theater/restaurant was moved to the most southern lot adjacent to Cliff Road. SUMMARY OF PROPOSAL . The revised site plan now incorporates the following uses and associated parking. LQt jg Location Req'd Parking Parking Provided 1 Theater/restaurant abutting Cliff Rd. 133 136 (+3) 400 seat, 10,500 2 Office Building west of Thomas 111 129 (+18) 2 story, 20,800 s.f. Center Drive, adj. to west neighborhood 3 Office Building abutting north & west 89 106 (+17) 2 story, 16,640 s.f. residential neighbors Total 47,940 s.f. 333 371 (+38) 5--- Safari at Eagan 3rd Addition October 17, 1995 Page 3 The revised proposal still includes three uses on the vacant land. Now, however,the uses have been changed to include two office buildings and a movie theater/restaurant (Cinema Grill). Prior to this revision the developer has proposed a medical office, a restaurant, and Cinema Grill. Changing the uses to office will reduce the impact to the neighboring property owners during evening and weekend time when they are most likely to be at home. Fundamentally, the layout of the three lot site has remained the same (i.e. the proposed ingress/egress location, the basic building locations,the number of buildings and the use of parking along the western portion of the property). The major difference with this plan versus the original plan (and the first revision) is that all of the uses have been identified and their location have been identified taking into consideration the neighbors request for office uses closest to them. _ — ANALYSIS Site Plan and Uses As the plans indicate, the developer is still proposing the Cinema Grill (movie theater/restaurant) for the site. The basic objections to this use from the surrounding residents were the late hour of business, amount of traffic, noise from patrons in the parking lots at late hours, odors from the restaurants, height of the light structures, and light extending over the property line from the light poles, location of trash receptacle and mixture of family theater with alcohol. Relocating the proposed Cinema/Grill closer to Cliff Road is intended to reduce the extent of these concerns. In addition, Fortune Realty is now proposing to locate the two, two-story, office buildings on the north and middle lots, and the free standing restaurant proposal has been eliminated. The office uses will generally have more compatible peak use times with the residential uses. Offices are typically occupied by the greatest number of occupants between the hours of 8:00 a.m. and 5:00 p.m. when, generally speaking the largest number of property owners are away from their homes at work or school. Locating the office buildings closest to the residential is intended to improve compatibility. Building elevations of the office buildings were not submitted and as a result the trash location is not identified. City requirements are that either the trash is located in the building or attached to the building, and constructed from the same material as the building. All buildings and parking lots meet minimum setback requirements. Phasing Phase I - Preliminary and Final P.D. - Cinema Grill (Lot 1., Block 1) in early 1996. Phase II - Preliminary P.D. Office buildings ( Lots 2 and 3) may begin in early 1996. 6 Safari at Eagan 3rd Addition • October 17, 1995 Page 4 Grading - The preliminary grading plan submitted with this application shows that approximately 4.5 acres will be graded to prepare this area for the proposed buildings and parking lots. A 100-foot wide Williams Brothers Pipeline easement is located through the middle of this site. The developer does not propose to lower the existing pipelines due to the considerable costs associated. As shown on the preliminary grading plan, the proposed grades on the east edge of the site match the existing grades of Safari at Eagan 2nd - Lifetime Fitness Center and Thomas Center Drive. The proposed grades slope upward from southeast to northwest through the building site areas to the Williams Brothers easement. From that point the site will be "terraced" with the construction of retaining walls. The westerly, terraced parking lots will be approximately 10 feet higher than the proposed parking drives located adjacent to the west side of the buildings. The elevation of the parking lot would be approximately at the floor elevation of the second level of the office building. The terracing of the parking lot . areas will require some steeply sloping parking driveways close to 8% in grade to provide access to the west parking areas. Two areas of 8 to 12 foot high retaining wall are shown along the east edge of the west parking lots to help with the grade change between these parking areas and the building sites. A 6-foot high retaining wall is also shown along the north property line of this site to transition the grades between the existing berm and the future driveway to the northwest parking lot. The Developer will be required to submit detailed plans and specifications showing the retaining wall construction. The proposed grade of the parking lot in northwest corner of the site is shown to be at elevation 970. The existing townhouse building located 50 feet north of this site in the Thomas Lake Woods Addition is at elevation 955. The existing building to the west of this site on the north side of Hickory Lane in the Woodgate Addition is at elevation 968. The developer is proposing a 2 to 4 foot high berm at 3:1 slopes on the west edge of the site to provide a buffer between these existing buildings and the parking areas. A 6 foot high fence is also proposed along the west and north edges of the development to provide additional buffering. The development will be responsible for providing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. The outlot area that was rough-graded in the Fall of 1994 will need to have vegetation established to prevent erosion from occurring onto Thomas Center Drive or into Pond BP-39. Parking The proposed parking exceeds minimum requirements; cross parking and ingress/egress easements will be provided among the three uses as well as the existing health club, Lifetime Fitn ss. The development is using 9' stall widths. irr,R I II- Safari at Eagan 3rd Addition October 17, 1995 Page 5 The individual buildings may be constructed incrementally over time. Because the site grading and parking lot design are both integrated elements, a logical phasing plan for these will be needed. • Lighting A preliminary lighting plan has been submitted with this recent proposal and shows only 12' poles along the north property line of Lot 3 adjacent to the neighbors on the north. The remainder of the light poles are at 25'. Because the west terraced parking lot is at a higher elevation than the eastern portion, staff is recommending that the light poles shown as 25' high, be lowered to 12'. In order to prevent the neighboring residents from actually seeing the source of the illumination the lights should also have shields on them. Additionally, the Council should consider a condition that the lights on Lots 2 & 3 (both office buildings) be turned off at 10:00 p.m. The plan shows that .0 to .1 footcandles are located around the perimeter of the site. Acceptable footcandles at the perimeter range from .0 - .4. The lighting plan will be added as an exhibit to the Planned Development agreement. Prior to issuance of any occupancy permits the lighting will be reviewed against the plan for compliance and for actual visual compliance. Because proper lighting is a key element in achieving compatibility between the commercial and residential areas, financial guarantees for lighting should be a requirement of this Planned Development. Building Materials Building materials used on the Cinema Grill will be a mixture of decorative block and brick finishes in architectural style to match the existing retail center and health club. Building elevations showing the architectural design of the office buildings will be required to be submitted with the Final Planned Development for each of the lots. Fence A 6" foot cedar fence will be constructed along the west property line and along the northwest corner of the property that will match the existing fence. This will aid in creating a buffer between the commercial uses and the existing residential located along the west property line. Landscaping Landscaping for the site includes perimeter and parking island planting using Ash and Mapl s. Plantings hav not been shown n ar th- buildings. The plan needs to b" revised (at the time of final PD)to increase the amount of plant material and to add more variety • • Safari at Eagan 3rd Addition October 17, 1995 Page 6 to the overstory trees planted in the parking lot. Shrubs should be added along the buildings. The City has experienced Ash Yellow and discourages developers from planting so many of the same species, especially ash trees. The landscape plan also needs to be revised to show the planting along the berm on Lot 3, and between the building and the property line. Use of evergreen and fir trees is recommended to aid in the screening of the commercial uses from the residential uses. Planting of the evergreens should be done equally on both sides of the fence. All landscaped areas shall have an underground irrigation system in accordance with the City's landscape ordinance. Signage No signage proposals have been submitted at this time. The Cinema Grill located on Lot 1 is permitted signage on the south and west elevations of the building - only. Recent decisions of the City Council regarding the Thomas Lake signage would suggest that no additional pylon signs on Cliff should be permitted. A final sign plan will be required as part of the Final Planned Development approval. Storm Drainage - Storm water runoff from this site will be directed to the east to newly constructed Pond BP-13.1. This pond has been sized to handle the runoff from the 2nd and 3rd Addition developments. The outlet for Pond BP-13.1 drains to the existing storm sewer line in Thomas Lake Road that heads in a northerly direction. This storm sewer line is also the outlet for Thomas Lake. This storm sewer line in Thomas Lake Road eventually discharges into Pond BP-18 which is classified as a stormwater basin on the City's Water Quality Management Plan. The upgrading of the existing stormwater Pond BP-39 at the south edge of the site near Cliff Road has been an unresolved issue between the City and the Developer for the last fifteen years. Because only a small portion of the development's stormwater runoff is to be directed to Pond BP-39,the Developer feels no obligation to upgrade this pond as part of the development. However, the Developer is proposing to provide sufficient drainage and utility easement for a possible future public improvement project to upgrade Pond BP- 39 to provide the stormwater volume needed. Sanitary Sewer-Sanitary sewer of sufficient size, depth, and capacity is readily available to serve this site from Thomas Center Drive. The sanitary sewer service to each lot shall include a manhole at the property line to allow the City to inspect and maintain that service line. . Watermain - Watermain-service of sufficient size, pressure and capacity is readily available in Thomas Center Drive and Hickory Lane through this site and connecting to the existing 6" watennain stubbed from the existing health club (Safari at Eagan 2nd Addition). Existing 1 '/" copper water service lines, that will not be utilized by this development but are stubbed to this site Thomas Center Drive, shall be capped and abandoned according to City standards. Lt..9 Safari at Eagan 3rd Addition • October 17, 1995 Page 7 Streets/Access/Circulation - Street access is readily available to serve this site from Thomas Center Drive which is a looping street from Cliff road to Thomas Lake road. Thomas Center Drive has a traffic control signal at its intersection with Cliff Road. Access for the proposed office buildings will be provided from the existing parking lot of the health club which was platted as Safari at Eagan 2nd Addition and from a new 24' wide driveway that will loop to the south and connect to Thomas Center Drive. This new driveway will provide the main access for the proposed theater. Access to the west parking areas will be through parking drives which reach 8% in grade on some places. This moderately steep slop can be potentially difficult to negotiate when the snow covered or icy conditions exists. The site plan will provide 24' wide_drive aisles for the two-way traffic. Permanent, nonexclusive ingress and egress easements will be required from this development across the health club parking lot in the Safari at Eagan 2nd Addition and across Outlot A of Safari at Eagan 3rd Addition. The traffic study prepared indicated that it would be advisable, based on the projected southbound traffic volumes on Thomas Center Drive, to widen the existing 36' street approximately 8' to provide and exclusive southbound right turn lane of 150'. The Developer has revised his plans to indicate this new southbound turn lane. Sidewalks/Trails - The plans include 6' wide concrete sidewalk along Thomas Center Drive from the west property line of Safari at Eagan 2nd Addition to Cliff Road. This section of concrete walk will complete the walk along Thomas Center Drive. Easements/Right-of-Way/Permits - The final plat shall provide a drainage and utility easement over Pond BP-39 up to 3' above the high water level of the pond. The development will be responsible for obtaining permits from all regulatory agencies(MPCA, Metropolitan Council, MN Dept. of Health, Williams Brothers Pipeline Company) prior to final plat approval. RELATED ISSUES The health club owner did not install the parking lot lights according to the approved plan. The original plan had 19 strategically placed 25' poles. When the lights were installed, they installed only nine poles and made them approximately 35' in height to provide the same level of lighting. This revision was never approved by the City. Since the day the health club opened and the lights came on the residents have had problems with the light shining into their houses and bedroom windows. Staff has had repeated conversations with the owner of the club and the manager informing them that their lights are not in conformance and th y are causing a nuisance to the abutting property owners. They have apparently lowered the a couple of the light standards, but they are still not in conformance with the approved plan. Safari at Eagan 3rd Addition October 17, 1995 Page 8 In addition to the lights,'the landscaping did not turn out the way the neighbors had anticipated. The landscaping on the north side of the fence is minimal, but it does meet the approved plan. Based on the previous experience, staff is recommending that the landscaping for the new development provide increased plantings on both sides of the fence. In addition, a financial guarantee for the full amount of the cost of the landscaping will be provided from the developer at the time of final plat. The health club is also experiencing parking problems. Many patrons park on Thomas Center Drive.The City Council recently banned parking on Thomas Center Drive. Fortune Realty and Lifetime Fitness are proposing cross parking easements so that health club members may park on the office parking areas and vice versa. Because the office uses and the health club have different peak time hours, parking should be readily available. SUMMARY = _ Fortune Realty has revised its proposal in an effort to eliminate as many negative concerns as possible raised by the City Council, Planning Commission, and neighboring • property owners. Modifications to the types of uses, as well as their locations on the site have been taken into consideration. The site contains three separate buildings; minimum setbacks have been met, and the amount of parking exceeds the minimum code requirement. Building elevations for the offices have not been submitted, but will be required with the final plans. Both office buildings should be designed to be low profile and made from matching material such as brick and glass. Design elements from the existing shopping mall and health club should also be tied into the architectural features to unify the site. When the residents of the single family homes on the west side of the development look out of their windows they will see the top portion of a berm, the cedar fence, and the top (roof) of the theater (see'exhibit Section AA) . Further north, the single family home will see the berm and the fence, but not see the building (see exhibit BB). The Townhome located north of Hickory Lane on the west side of the development will not view the building from the ease or south windows (see exhibit CC). Residents of the townhomes north of the development (see section DD) will be able to see the berm and the fence. According to the scaled drawings the homeowners should not be able to see the 12' Iightpoles or light. Shields will be placed on the lights to ensure that the source of the light is not visible. • - Section EE (see exhibit) shows the view from the bedroom of the townhome directly behind the proposed office building on Lot 3. The view will be of th berm,the fence, and the top of the office building. 1 Safari at Eagan 3rd Addition '. October 17, 1995 Page 9 The parking lot lights are of particular concern to the abutting residential neighbors and staff has recommended changes to the lighting plan to alleviate the visibility and diminish the intrusion of the lights into their homes. In addition to the lights, their experience with landscaping has not been as they expected. As a result, the development contract will have a financial guarantee for the lighting plan, and for the full amount of the landscaping. In summary,this revised plan with the conditions suggested by staff should go a long way toward addressing concerns raised with previous proposals. The elimination of the restaurant and the introduction of two office buildings along with the movie theater/restaurant adjacent to Cliff Road is a reasonable use of the property and should be generally compatible with its adjacent neighbors. ACTIONS TO BE CONSIDERED The actions for Council's consideration are: 1) to approve or deny the proposed Preliminary Subdivision of three lots on approximately 7.7 acres; and 2) to approve or deny the proposed Preliminary Planned Development Amendment consisting of a 16,640 s.f. office building, a 20,800 s.f. office building, and a 10,500 s.f., 400 seat, theater/restaurant (Cinema Grill) subject to the following conditions: Preliminary Planned Development Lots 1. 2. & 3. Block 1 Safari at Eagan 3rd Addition: 1 . The term of the Preliminary Planned Development is 5 years. 2. Execution of a Preliminary Planned Development Agreement Amendment for the following uses: Lot2 - a two story, 20,800 s.f. office building with 129 parking spaces on 1.99 acres. Lot 3 - a two story, 16,640 s.f. office building with 106 parking spaces on 2.30 acres. 3. A 400 seat, three screen theater/restaurant (Cinema Grill) which serves beer and wine, is approved to be developed on Lot 1, Block 1 Safari at Eagan 3rd Addition. 4. Execution of a Final Planned Development Agreement. The following exhibits are necessary for this agreement: • Final Site Plan • Final Building Elevations • Final Signage Plan • Final Landscape Plan Safari at Eagan 3rd Addition October 17, 1995 Page 10 • Final Lighting Plan. • Final Plat Upon submission of these final plans, provided they are in conformance with the preliminary plans submitted, the Final Planned Development may proceed to the City Council for approval. 5. The owner will be required to apply for, and be approved for a beer and wine license. 6. The movie theater/restaurant shall be constructed with a odor reducing system in the kitchen in order to minimize and prevent the grill and deep fryer odors from escaping the building. 7. All bituminous parking and drive aisle areas shall be properly maintained. 8. The developer/owner shall install and maintain all landscaped and sodded areas including the underground irrigation system. 9. The landscape plan.will be revised to include additional plant materials and a change of plant materials reducing the number of ash trees. 10. The full amount of the total estimated cost of the landscaping for the site will be calculated into the financial guarantee amount. 11. Permanent nonexclusive cross parking easements will be required for this development and for Lot 1, Block 1, Safari at Eagan 2nd Addition (Lifetime Fitness) 12. The remaining portion of the fence along the north property line of Lot 3, Block 1, and along the entire west property line of the 7.7 acre site shall be installed immediately following the final grading of the site. 13. The lighting plan be revised to show the west 25' high lights be lowered to 12'with 0.0 footcandles at the edge of the property. 14. Light deflecting shields shall be placed on all perimeter parking lot lights in order to prevent light from shining onto the residential property. 15. The office building parking lot lights(located on Lots 2 and 3)shall be extinguished at 10:00 p.m. every night. 16. The developer shall submit a financial guarantee for the parking lot lights as part of the development contract. lr rrrr , 11-- I • Safari at Eagan 3rd Addition October 17, 1995 Page 11 Subdivision Conditions Standard Conditions 1. The Developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993. • Al, B1, B2, B3, B4, Cl, C2, C4, D1, El, G1, And H1 Grading 2. The Developer will be required to submit detailed plans and specifications showing the retaining wall construction. Utilities 3. Existing 1-1/2" copper water service lines, that will not be utilized by this development but are stubbed to this site from Thomas Center Drive, shall be capped and abandoned according to City standards. Access/Easements 4. Permanent nonexclusive ingress and egress easements will be required from this development across the health club parking lot in the Safari at Eagan 2nd Addition and across Outlot A of Safari at Eagan 3rd Addition. 5. Thomas Center Drive shall be widened by 8' to provide a southbound right turn lane of approximately 150' to Cliff Road. • Parks and Recreation 6. The developer shall be required to install a 6'wide concrete sidewalk to complete the sidewalk installed along the north and west side of Thomas Center Drive with the Safari at Eagan 2nd Addition (Lifetime Fitness)development. The 3rd Addition sidewalk segment will complete the concrete sidewalk from Thomas Lake Road to Cliff Road via Thomas Center Drive. • • • .r \ / y�r-- I ; tam „ c. ,; � i ;,i�_ � r 1 r �"44, L.� ` 1 + I I I gyp► w I 1 II I .Y. L • 1 1 :nT71 1 --7�'—I —(—'1 .1 1 1 .; 1 ■C .I`n i 4ninn I I I I ;,h;, 1 ....J— L1-sj_ : 1 1 . I • !I :A ! 1 i 1 t-,. I 1 I 1 . ..I ji .r 0 —J %_. ——I ' r RECEIVED OCT 1 2 '1995 I a !• / J ; 107: -%e r �_ ---, % I 1 5 1WA' ir — .�..:__ ... -....j _ ....1 ": ' , ;I: -I I —o--a--o-- L •.!."+"r• -- .=-.L=.-r.vr. •,• —_v 1•.....: g.-71--T''''" mummy MT 1 CAW 30.7C ram AT DOM NO)ACCDCW Im. 1 i a ■s.1.4- 1 , � ; 1- ca s .4 I� —__ N...sa •- •• -�--.._ .-.-�-f- Y ANM.plif • I ss I l °.I�I� ■■n =.ai:. �:;;' ; tit ` ..—! •i,�i ; Jii KALM CUA iii% .4... 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It ili AIM .;17.,:74.Zil 1.--- 7:1-•--—i 1 0 . •-.!iii\ Il L,ii,E, a t01 i T:,1 .,I• �•r •.! •1;: iii.: , — ,A Y 1 • 111�, 1 ,i I :T:,..:::,..,;,1:11. -.I 1 � �� ItALTM 41At La .. .. , =1 - 1 'I._I_ I ''I: 1. .AEI ! i :�: 'iii: �I 11 I . �Ik'�pith 1 i, t.11 1 I ' 1:• V•%I� ameo�,` �..�.3 i• ;j. :=1:: r�i_,.. 1� I.,...,,,:,. ..I •' ul ___- ij?-ll•i�v`_a.111uai4 �c.i i�J cS, 1 Iii .•,c - -' I I mat:f \ ft'j: rills) 11/, — ::::1:. . c....... ft _____ii I 4,/ ... .r:14, ' I.4"Virraiiiii;.;AS aZ.): .:1: C r /" r• t- III ' Fa 1...bingt, .1 r --- %, t--- ) 1 ! L I!t 11 I '�/y/A -. �.....- 1 '�/11 1 ' I /y//�,' ..�....•. !i�� imll �'�—' X%,' ° "r,�,�.'"" ....:� ......... RECEIVED ^"T 1 2 1995 IT ,p t� 1 it 1i(/ - .. "ti*x..m--. "'If V....J 70 /MOM MEMO . ......r".FIA•r,r1,/f^'��.c� *I"WW r�■rt a�r..�..•.s..�.r .� w �■• 1.rj'1••...1i P.j - .--\ I I I r� 11 — L,1.+7> IIILZ M. ,..r.. 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I I ,L Ili -.7.--J.LA t ' • r. p �� ppf�i q i,kii — I I ':,�- at I Ia •1 i 11 1 1 =I 11 / of ' 1 11 e I Ji! €'_ '-:-: �. y ••i .S/ .vim 1Q1 •1 a _ Ifl 11' 7 • _ - 1 - , 1111166 •1-7 • oil': J` I iii 1 .,t,��. owl� •• I 11 • ...., ...ja ." 1•.•. f ,f• n� • L- �s I � Y. IN'A[NI ‘1 .."`• \ : 401 I. gl S7 d . • • • • .. -- 11 rr 1r-1-- I - -j-1-- . RECEIVED u..,1 3 1995,` c - . 1 1 I D5 g-c-i - ,, E - 1 ._ . . ._ __ ... ;- .-- -___..._ - • HEALTH C1) C OFFICE : ; CLUB I , i� _. _ __ ,OFFICE + • /�� C\ ( ( �"•, . Special Detail Planning Areas _lA i ( (See Sheet No. 5 , Preliminary 11_L t t`-"1' T - Landscape 'Plan) * l l ! 0 •' '1 1 • THEATER! I I 1 . CLIFF ROAD • CROSS SECTION LOCATIONS . *As cross sections AA and CC indicate , better sight/sound protection for two single family homes and a 4-Plea could be attained by installing a somewhat higher Berm/Fence combination in these areas (Only 2 or 3 feet in added height would greatly improve sight lines) . There are two ways to accomplish this : • 1. Place a low (2 or 3 feet) retaining wall on either side of the berm to gain height while maintaining a 3: 1 berm grade ; or 2 . Allow a berm grade somewhat in excess of 3 : 1. Note : A berm grade of 3 : 1 is normally required for ease of maintenanc- (mowing'. ) and not for protection against erosion or other . purposes . The berms in question are designed to be mostly maintenance free and protective as well as decorative . Numerous examples of rather steep slope berms and grading along the Freeways between Eagan and Woodbury clearly indicate their • beauty and lack of problems s as erosion . • S- - • Crl .,., •- • • Co . 4-1 -) G o 0) 1 '-4 W OD g w ,•t W o .. V ca W Cr 1I j f� ; L� - • 00 •i • yl 1.4 i i j I F 1 In 94 as w•I . •I mI i ,a G 'Cl ,e: a CD. 1t, w ,,1 1+ Q1 O O cti I ' U 1i 1 I b p. to at N v 1 r m w t , O O 1 ' CS. '. ro . : c4 E-+ . • • P. . _ { , I_ ,. C , G _ __- ,, .`,• . I• CY CU w o '-4-- 1 i '! 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O I H ' I w w a O O O n >r -1 - o.. . G C v a - _ rl rl V. ', ►•a rl GJ 00 00 I i - ,a , O. ° r. w x O . 0 -r+ , , • s-- T O tr] q I f W 7G � r1 W w a w d I • —. I o C s: % "" aw / ' ow 1 o ' I ,, U I NI yv N--,,,,,,,,y7 .r-:- - "- I •..a.1 VI I x z I c c o ~ t - E, W ;;,�_. , , •, , . . 1 1 fa. H q ,...1 vl , w 0 ts) o 0 0 Pal o 4.1 11 .0 � w s 1 ,-' ° '" • c U ,-i W 0 Er) u v (0 ( " II ■IS I I I at ��N IN IE October 1.1, 1995 Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Proposed Development Plan and Subdivision - Safari at Eagan 3rd Addition _ _ Honorable Mayor and City Council: You are respectfully asked to approve our latest and final revised development plan proposal scheduled for discussion and action October 17, 1995. This compromise plan has been prepared following a very long and costly period of time consuming applications, meetings, plan revisions, and discussion of alternatives. Our current development plan is, we believe, a very reasonable compromise between the type of commercial environment envisioned by some neighbors and that which could result from full exercise of our legal zoning rights. This compromise will, in fact, result in a considerable financial sacrifice when compared to the full development potential we had anticipated during past years. With this proposed plan, we have greatly reduced commercial intensity, solved certain parking problems, and utilized extra- . ordinary ways and means to protect the nearby residential nvironment. For example, we have suggested formation of a d velopment committee consisting of myself, Carl Dale (Project Planner) , and home owner representatives to work closely together b fore, during, and after construction independent of city staff in an effort to avoid various problems associated earlier with construction of the nearby health club. In our opinion, the development and procedures suggested can and will result in an environment reasonably satisfactory to all public and private interests involved. Our specific requests are as follows: 1. Approval of the uses and development plan as proposed subject only to approval of final, complete, and detailed plans that may require some relatively minor revisions prior to construction. (Se Carl Dale' s report dated October 10, 1995 attached) An .. -- .......n.ej✓TA-----_ - n-n A.L\11-10.-+ nnw- . u.-.wirwn... •w •..uu-w--- ----- ---- --- ---- • 2. Approval of the preliminary subdivision for three (3) lots and establishment of procedures for approval of the final plat in a reasonably short period of time. Delay in construction has already resulted in substantial financial loss. Involvement of the neighborhood throughout the development pro- c ss and follow-up (such as assuring plan compliance, satisfact- ory lighting, proper cleanup following construction, etc.) should r suit in a satisfactory environment as well as better commun- ication and public relations for all involved and affected. This r asonable approach can result in the satisfactory completion of this total planned development (PUD) . If our current plan is not approved in a timely and reasonabl manner, we have no alternative but to initiate appropriate 1 gal action to protect our property rights. Said legal action, if required, must be to gain approval of our prior plan for an office building, the dinner theater, and a Class 1 restaurant. Thank you for this opportunity to resolve this matter without further and unnecessary time, expense, and controversy. Sincerely, = ron atsc��]ce' 'res 'den F. to = `°ealty, Inc. , General Partner Eagan 30.7C Limited Partnership Attached: copy of Carl Dale's memo dated October 10, 1995 • (-17 I 11 • Octob r 10, 1995 PLANNING REPORT • Fors Byron Watschke, President, Fortune Realty, Inc. By; Carl R. Dale, Planner Subject: Proposed Development Plan and Subdivision - Safari at Eagan, 3rd Addition The following comments are offered for what assistance they may b in evaluating the preliminary Plans as presented: A. Parking 1. Our calculations indicated that parking spaces allocated to the Theater are four (4) short of Zoning requirements for a theater/restaurant but total parking provided for the thr (3) uses is well in excess of spaces required. 2. Shared parking by all land uses and lack of conflicting peak hour operating demand will eliminate certain parking problems noted at the nearby Health Club. 3. Parking arrangements are such that parking will be available • for persons attending the evening (9-11 PM) movies at the lower level away from homes located to the west and north. 4. As planned, parking will be ample at all times for all uses such that on-street (Thomas Center Drive) parking can and should be removed. B. Landscaping As noted on the Plans, complete detailed landscaping plans will be prepared and submitted for City approval when required for construction. Said details should be based upon final grading, driveway, parking islands, retaining walls, berm slopes, and other controlling factors. Working with City Staff and neighbors, we would hope to arrive at a design solution worthy of the aesthetic potential of this terraced site development blending well with existing green area in the vicinity. - _ City Staff direction is needed with respect to areas which must be irrigated. It is believed that the ratio between green space and hard surfaced areas is proper. Boulevard (Thomas Center Drive) landscaping treatment should complete and compliment the design now in place along much of this road. It is agreed that final landscaping plans should reasonably reflect input from neighbors as to what they consider appro- priate for viewing (beautification) from their homes. C. Trash Storage/Removal As required by City Staff and incorporat d into the Plans by Building Architects. -1- (Q ( • D. Building Architecture The Th ater design (appearance) is proposed to be similar, to that shown in drawings submitted earlier although the floor plan and structural dimensions must now be altered. Prior to construction, design plans (appearance and structural) will be submitted for approval by the City. The objectiv must be to attain compatibility between all uses in this comm rcial complex. E. Lighting A preliminary' Plan has been submitted along with a brief r port (dated Sept. 30, 1995) noting how building and parking lot lighting can achieve the following objective: "When installed, no light (parking lot, building, car headlight, nor any other) shall be a significant source of irritation or reasonable objection from adjacent or nearby residential uses or areas." Some minor changes will be required in final plans to achieve this objective. F. Cross Sections Cross sections show how the adjacent and nearby homes will b protected (sight/sound) ; these indicate that nothing will be visible from even the upper floor windows of adjacent hom s except: 1. The very top (less than five feet) of a building; while present building and grading plans indicate that no portion of a building will be visible, it would not seen unreason- able if final plans resulted in a small portion of a building exposed to view by only a very few homes. 2. Some parking lot light poles as viewed from two to four homes along the west property line; this will be no problem since the source (bulb) of light will not be visibl . In any event, it is certain that none of the parking lots or parked cars will be in view from any homes. Protection is also provided against car headlights shining into home windows. G. Land Uses It is assumed that uses to be permitted in the two proposed "office" buildings will include all of the various uses now permitted in a "Limited" business district such as day car centers, private schools, financial, and others as regulat d and controlled by the City. For example, some interest has already been expressed for a day care center used on one floor of a proposed office building which could also accommodat a small outdoor play area. We suggest that any final P rmit clearly indicate what "office" uses will be permitted and under what conditions. • -2- B. Pedestrian Movements Easy, convenient, and safe pedestrian movements have been maintained with good "drop off" access to all buildings which is especially important during the Winter months. Consideration has been given to possible walkways from park- ing into upper floors of some buildings. I. Signs As per City regulations and conditions. Special care will be taken •to assure a well designed and proper Theater marqu e. J. Prior Concerns It is believed that this current compromise Plan properly addresses all prior concerns expressed by City Staff and some of the neighbors. K. Traffic Circulation - - Consideration has been given to both internal and external traffic matters raised earlier by the City Staff and th it Consultants. L. It is believed that Plan revisions to arrive at satisfactory complete, detailed, and final Plans for construction will be relatively minor. • -3- p S.,: -' — - ----- Am,..._______ _ I• . a • . • • • ..\'.... .` 'y \�� I '� r,,: (im 1 w'I ('I / ! • \ \ . 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' >" " •o• r . t• %• ' •• 1.i0S+� .. . / %\ 1 • • • • • - I. • .„ :71....--.c.—., 1. 4./▪ ••••••/ :I 1 i.#e"• • i/ / 4P ./ • 1,.•. N r 211171/ 111/01 1, ' - ^ Y . • '� :a. .; •:*1 �' THOMA S LAKE,„„A` RD. ° R, b• •- 1Y1: . , Agenda Information Memo October 17, 1995 Eagan City Council Meeting B._ORDINANCE AMENDMENT. SECTION 6.36 REGARDING SOLICITORS ACTION TO BE CONSIDERED: Approve as presented, approve with modifications, or deny the revised solicitation ordinance. FACTS: • At the July 11,1995 City Council meeting,the Council concurred with the staff recommendation that a revised solicitation ordinance be prepared. The staff of affected departments and the City Attorney's Office have coordinated the preparation and review of a proposed new ordinance. • For a number of years, the City has had a solicitation ordinance. The ordinance has been used generally to try to protect the community from illegitimate solicitation practices of harassment, nuisance,theft,deceit or menacing,troublesome or unlawful activities. The City has been challenged with increasing frequency about the legality of the ordinance,especially as it is applied to solicitors engaged in interstate commerce. Courts have started to determine that formal licensing procedures and fees for solicitors involved in interstate commerce amount to an undue burden on interstate commerce and, therefore,violate the U.S. Constitution. • The proposed new ordinance clearly defines and differentiates between solicitors, peddlers and transient merchants. While there is more flexibility to license peddlers and transient merchants than solicitors, staff and the City Attorney's Office are recommending the same registration process for all of them. Consequently, there is no licensing provision in the proposed ordinance. • The new ordinance has no provision to not allow certain individuals or groups to solicit. It does list, however,a number of prohibited solicitation practices. The old ordinance with licensing provisions, which are probably not constitutional;was stronger in that area. • The new ordinance will require all individuals and groups including for example scouts, choir members,football players, etc, to register. This is a significant group that we previously ignored. That action also was probably not constitutional. • The new ordinance does not address transient merchants operating on private property,for example, the Christmas tree sales or the vegetable stands. Those activities will have to be addressed elsewhere in the code. • • Based on the City Attorney's advice, the proposed ordinance is less restrictive than the League's model ordinance and therefore,much less vulnerable to legal challenge. ISSUES: To bring the ordinance into legal compliance, we have both reduced control of solicitors (without licensing) and increased the reach to local non-profit groups. The issue is whether or not the proposed new ordinance is better than no ordinance at all. ATTACHMENTS: Proposed ordinance,page-s b thru7 7 . 1 n9 • ORDINANCE NO. 2ND SERIES • AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING"BY AMENDING SECTION 6.36 REGARDING SOLICITORS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. Th City Council of the City of Eagan does ordain: . S ction 1. Eagan City Code Chapter is hereby amended by•changing S ction 6.36, to read as follows: Subd. 1. Purpose. This section is not. intended to in any way hinder, delay or interfere with legitimat business or organizational activities. The Council finds, however, that solicitors have used public stre is and their direct contact with residents of the City for the illegitimate solicitation practices of harassment, nuisance, theft, -deceit; or menacing, troublesome r unlawful activities. This section is intended to prey nt and protect against the existence of illicit, unlawful or fraudulent solicitation in the City of Eagan. To protect the public's health, safety and welfare, the City deems it necessary to regulate door-to-door or str t • solicitation through a registration process Subd. 2. Scope of Application. This Section shall apply to solicitors, peddlers and transient merchants. This section shall not apply to the following: A. Newspaper/magazine carriers; B. Merchants delivering goods in the regular course of business; C. Persons who sell products of the farm or gard n occupied, grown or cultivated by such person; and D. Outdoor sales on private property, which ar governed elsewhere in the City Code. E. Persons who conduct 'garage sales, rummag sales,estate sales, multi-purpose bazaar or fl a markets. • F. Auctions conducted by licensed auctioneer or by an officer of the court conducting a court order d sale. Subd. 3. Definitions. The following t rms, as us d in this S ction, shall hay th m anings stet d: • O • A. "Solicitor" means any person who procures or attempts to procure orders for the sale of goods, merchandise, subscriptions or services for futur delivery or seeks donations for any organization by the means of going door-to-door. B. "Peddler" means any person who sells, distributes or attempts to sell or distribute for a consideration any goods for immediate delivery by the means of going door-to-door. C. *Transient Merchant" means any person who sells goods on or within any public right-of-way, public park or other public property for less than six consecutive months within a calendar year. D. "Goods" means any tangible thing of value, but not including money, things in action or intangibi personal property other than merchandis certificates or coupons as herein described. Th term includes such chattels as are furnished or used at the time of sale or subsequently in th modernization, rehabilitation, repair, alterati n, improvement or construction of real property so as to become a part thereof whether or not severabl therefrom. The term also includes retail sell r- issued merchandise certificates or coupons which are not redeemable for cash but to be used in lieu of cash, equal to its face value in exchange f r goods or services sold by such seller. Subd. 4. Prohibited Solicitation Practices. A. It is unlawful for any person to engage in solicitation, peddling or transient merchandising for any unlawful business or organizational pure s or unlawful activity. B. It is unlawful for any solicitor, peddler r transient merchant to commit any conduct constituting harassment, nuisance, theft, deceit, or menacing troublesome or otherwise unlawful activities during the course of bis/her sales activity. C. It, is unlawful for any solicitor, peddl r, transient merchant to enter, or attempt to gain entrance, to any residential or business premis s displaying at such entrance a sign prohibiting any solicitation. 1 D. It is unlawful for any solicitor, peddler r transient merchant to refuse to leave any premises when requested by the owner, lessee, or person in charge thereof. E. It is unlawful for any person to engage in any activity constituting that of a solicitor, peddl r or transient merchant without first being registered with the City as herein provided. F. It is unlawful for any solicitor, peddler r .' transient merchant to not carry the certificate f registration when engaging in sales activity. G. It is unlawful for any solicitor, peddler r transient merchant to transfer registrati n identification. H. It is unlawful to obstruct the free flow of either vehicle-or pedestrian traffic on any stre t, • alley, sidewalk, or other public right-of-way. I. It is unlawful for any solicitor, peddler r transient merchant to conduct any sales activity between 8:00 P.M. and 8:00 A.M. J. It is unlawful for any solicitor, peddler r transient merchant to use unreasonably loud noises or amplifying devices while engaged in sales activities. R. It is unlawful to make any false.or misleading statements about the.product or service being:sold, including untrue statements, of endorsement. N peddler, solicitor, or transient merchant shall claim to have the endorsement of the City based on the City having issued a certificate f registration to that person. Subd. 5. Registration. A. Registration form. Any organization engaged in activity constituting that of a soliciting, peddling or transient merchandising shall first • have a representative complete and submit to the City Clerk' a registration fora furnished by the City. The registrant shall provide the following information: 1. Full name, address, phone number f .registrant; 2. Dat f birth, driver's lic ns numb r or stat identification f registrant; 70- 3. Physical description of registrant; 4. Registrant's position with business for whom he/she is soliciting, peddling or transient merchandising; 5. Name, address and telephone number f business organization, if any, for which th registrant is representing in his/h r activities; 6. Describe goods/services to be sold or the organization for which donations are sought; 7. The days and hours of the registrant's activities; 8. For purposes of transient merchants, th location where the registrant proposes t engage in sales activities; 9. Any criminal convictions, including a description of the nature of offense and penalties assessed; 10. List three cities in which the registrant was licensed or registered in the previ us twelve months. 11. The make, model, year, color, state of registration and license plate number of any vehicle to be used by the registrant in his/her solicitation or sales activities. 12. The registrant shall also provide a list of those who will be soliciting, peddling, r transient merchandising, including full name, address, telephone number, date of birth and driver's license number. B. Non-registration or discontinued registration. Any registrant or registered solicitor, peddler r transient merchant who violated. any provision f this Section or any other section of the City Cod , provided false or incomplete information in th registration form or has been convicted of any crim whil ngag d in s licitati n, p ddling, or transi nt sale 'f m rchandis shall not b regist r d , r in the cas of a r gist r d solicitor, peddl r or transi nt m rchant such • r gistrati_n shall be discontinued as t_. be deem d non-registered. In either case, the registrant an request City Council consideration at its next regular meeting occurring more than ten days after the notice of non-registration or discontinu d registration. Subd. 6. Duration of registration. Registration shall be effective for the remainder of the calendar year, Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including P nalty for Violation" and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. S ction 3. Effective Date. This ordinance shall take effect up n its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E.J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Dat Ordinanace Adopted: D ate Ordinance Published in the Legal Newspaper: • Agenda Information Memo October 17, 1995 Eagan City Council Meeting • C. OPTION AGREEMENT - NW MUTUAL LIFE INSURANCE CO, ACTION TO BE CONSIDERED: To consider approval of an Option Agreement with Northwestern Mutual Life Insurance Company for the potential acquisition of property located at the northwest corner of Lexington Avenue and Yankee Doodle Road. FACTS: • At the October 1, 1995 City Council meeting, staff was directed to explore a potential option on the property owned by Northwestern Mutual Life Insurance Company at Lexington Avenue and Yankee Doodle Road. Staff has been conducting various preliminary analyses of the property and through the City Attorney's Office, initiated discussions with Northwestern Mutual Life Insurance Company. Staff will report on the status of option negotiations at the Council meeting on Tuesday. • • Agenda Information Memo October 17, 1995 Eagan City Council Meeting .' 7, :1 4 A. REQUEST FOR APPROVAL OF PUBLIC RIGHT-OF-WAY-AND UTILITY EXTENSION - VANTAGE POINT ACTION TO BE CONSIDERED: • To approve or deny easements to extend water and sanitary sewer through the Lexington/Diffley Park to the Vantage Point subdivision subject to staff recommendations. • To approve or deny provision of a public street access through the Lexington/Diffley Park to serve the lots within the Vantage Point subdivision subject to staff recommendations. FACTS: - _. • On September 20, 1994, the City Council approved rezoning the six-acre Remo Caponi property from Agricultural to R-1 (Single Family). At that time, the Council directed the applicant to provide an evaluation for the feasibility of access to the subdivision coming directly from Diffley Road. • A September 30, 1994 letter from Caponi Attorney S. Todd Rapp evaluates conceptual subdivision with access from Diffley Road that results in two less lots (9) in the subdivision. • On October 20, 1994, the District Court for Dakota County ordered the City of Eagan to issue a Certificate of Preliminary Plat Approval for the Vantage Point Preliminary Subdivision. • On November 1, 1994,the City Council denied the Vantage Point Preliminary Subdivision primarily due to access through the park. ISSUES: See staf memorandum attached. BACKGROUND/ATTACHMENTS: (8) Staff Memorandum dated October 13, 1995, pages-7 through a Map of Vantage Point area showing current limits of construction, page A V. September 18, 1995 letter from Caponi Attorney S. Todd Rapp, pates A'throul hg.4- Memo from Ken Vraa to APRNRC dated July 12, 1994 , pages OP- throug . City Council Minutes of September 20, 1994 meeting, pages ! , through ..r 7 . Letter from Caponi Attorney S. Todd Rapp dated September 3 1994,pages i ough 1. City Council Minutes of November 1, 1994 meeting, pages '1c9--through 1V Resolution denying Vantage Point Preliminary Subdivision, pages ( through q (o . (19 J MEMO _ city of eagan TO: MAYOR & CITY COUNCILMEMBERS FROM: PEGGY REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 13, 1995 SUBJECT: REQUEST FOR APPROVAL OF PUBLIC STREET AND UTILITY EXTENSIONS TO VANTAGE POINT SUBDIVISION Attorney S. Todd Rapp, representing Remo and Karen Caponi, is requesting approval of all necessary easements across the City's Lexington/Diffley Athletic facility, a public park, to permit the private construction of public street and utilities to serve the Vantage Point subdivision. • BACKGROUND On September 20, 1994, the City Council approved rezoning of the six-acre Caponi property from Agricultural to R-1 (Single Family). At that time, the Council directed the applicant to provide an evaluation of the feasibility of access to the subdivision•coming • directly from Diffley Road. On September 30, 1994, Attorney S. Todd Rapp provided a letter and diagram evaluating access from Diffley Road, indicating that it would result in the elimination of two lots from the subdivision. On October 20, 1994, as a result of separate but parallel legal action by the Caponis, the District Court ordered the City of Eagan to issue a Certificate of Preliminary Plat Approval for the Vantage Point preliminary subdivision. The City Council decided to appeal this decision and, therefore, continued to process its review of the preliminary subdivision. On November 1, 1994,the City Council denied approval of the Vantage Point preliminary subdivision, primarily due to proposed access through the park. The primary objections to providing access to the Vantage Point subdivision through the Lexington/Diffley Athletic Fields include the loss of City control and future flexibility in use of the park because public access will always be necessary to maintain, to the subdivision. There are also concerns with the conflict created by mixing residential traffic with the park patron traffic and the potential confusion causing park patrons to drive into the residential subdivision using it as a potential turnaround. Direct accession to Diffley Road will necessitate Aki 8% grade road; however, this does City Code standards. The Vantage Point Subdivision must be given access to Diffley Road by the County if the City elects not to provide access through the City park. • Mr. Rapp has indicated that the Caponis will construct the road extension privately; therefore at their own expense. Similarly, the Caponis will construct the utility extensions through the athletic fields privately at their own expense. From a safety standpoint, the City has always encouraged the consolidation of access points along County roadways. However, we have added access on the north side for a somewhat similarly sized subdivision (Amberleaf). If the Council denies the access through the park for the roadway, the subdivision design will need to be modified prior to final plat approval. In reviewing this proposed subdivision last year, the park commission strongly recommended against a public street through the park to service any residential developments. The denial of the subdivision on November 1, 1994 included the following findings related to the negative impact of the roadway: 1. Increased access for ingress/egress from the proposed subdivision through the City park will cause an increased burden upon the park and its facilities. 2. Access through the park would limit the flexibility of the City with respect to the long term use of the park. 3. The proposed cul-de-sac, with access through the park, is longer than that permitted by City ordinance without variance. 4. Access through the City park (Lexington Park) for an eleven lot subdivision is not desirable and will cause confusion amongst park users and residents in that traffic will enter the subdivision without notice and there is no access to Diffley Road. 5. Accessing the proposed subdivision through park property will require higher priority snowplowing and, road and street maintenance of park property by the City than would be required otherwise. 6. The applicants have failed to meet their burden of proof, especially since other reasonable and suitable access is available directly to Diffley Road. It should be further noted that although, on appeal, the court agreed with the prior decision that the preliminary plat for Vantage Point should be approved, the court also noted that the issues of public street access to the subdivision still needed to be resolved prior to final subdivision approval. • 7E . • • SUMMARY In summary, the issue before the City Council is whether pprove extension of a public streetthrough the Lexington/Diffley Athletic Fields to serve the Vantage Point subdivision. Ext_nsion of utilities through the park to the subdivision does not app_ar to pr_sent any difficulties for future park use provided the utilities are extended at the expense of the Vantage Point developers. The extension of a public street through the subdivision does present several issues for the City Council to consider. Access is available directly from Diffley Road, but will require modification of the proposed subdivision and the elimination of two lots which would constitute an economic impact on the applicant. Q.t t44.4 4•14A.or /LC004-L'ACv V wr► u-d" 114-1 w,,4b a fi huh' tPV t s1 a,Q4,s°-6-0- ACTION TO BE CONSID a ,r ,M� � 1. To approve or deny the extension of utilities from the Lexington/Diffley Athletic Fields to the Vantage Point subdivision. 2. To approve or deny permission, to extend the public street access from the Lexington/Diffley Athletic facility to the Vantage Point subdivision. If either of these items is approved, the following condition should be imposed: 1. The full cost of extending the sewer and water, as well as the public street, to the Vantage Point subdivision shall be the financial responsibility of the developer. Director of Community Development • PAR/js .... / • ; L ; • 1 %.■........—........ . _ I . •..'1::.1 a I • : ..1.: .1::. " • • ; . ....4 4. vAtivibe . .. • .- . -.-. 1 . I I I I ■• •. ' I ! I i . i: t i t "------ ..: ,-.... • I • w • t : . ,.• (1 i • I . I i i . 1 _,.... ..• . . • I 1 , i , //cut . I I • I . ft / 1 -- — ._ / . II i .1 1 : I : 11 ."-...'- (it .71 , /A4 1 1 „ • i . .... / / ..• •••.... . ____ . , i ......‘ 1 . 1 i • i 1 • PJI)I II ....... . , I I • I - 1 .......... ......... ...................• . %!1 1 W 1 i . ;1. ct i ir • • 1 . • • 1 ; 1 • , • 0 / tc: 1 ---.1.----i----4,---•1 • .4 / r\.A .. . I , . • . 1 I _ 1 .. . , • i• I ... . . • I 1 , • . _. • . • . 1 I •'• E A / . 1 • • :1-'' I ( -Ai MOZS • ... i 1 , ,......... • ., .,.. • L._ 0 , i , IT ■ 1 . . I I 1 '. . •: ti—N.)11 . :... ,r . , I , I : _____ _.....L. 1.:._______I-- ... ..... 1 I:7 % • I ; • 1 . -'-.....: ‘. ; 1 . , I •___...... il ti ., ., • . .. .. .., • .. .• . . 1 ,\It. ii , • ,, •.•e,// ,I. . 1•.. • . • .. 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LEXINGTON/DIFFLEY ATHLETIC wane tr7:41--4 I 4111•••••••Ovelmnms.:III.... 1 CRPORMIVIT 17'7° ILI.] low am O: ow.on km•es Iwo o boosool Ow: SITE Onao 11. ------ Cionsoll b.• WI• lembimania .1.. city 01 111Vaim 2.....■ I • •(1.., D • . . : •,, ,1 r, I I , 1 H LAW OFFICES OF RECEIVED S. TODD RAPP A PROFES IONAL ASSOCIATION S E P 2 0 1995 1035 INTERNATIONAL PLAZA 7900 INTERNATIONAL DRIVE BLOOMINGTON, MINNESOTA 55425 S. TODD RAPP TELEPHONE (812)654-5602 TIMOTHY A. NETZELL ADMITTED TO PRACTICE FACSIMILE (612)664-5600 OF COUNSEL IN MINNESOTA AND WISCONSIN ADMITTED TO PRACTICE CERTIFIED AS REAL PROPERTY LAW IN MINNESOTA AND ARIZONA AND CIVIL TRIAL SPECIALIST SY MINNESOTA STATE BAR ASSOCIATION September 18,. 1995 • Mike Ridley Senior Planner VIA FACSIMILE AND City of Eagan AND V.S. MAIL 3830 Pilot Knob Road (681-4612) Eagan, MN 55122-1897 _ RE: Vantage Point/Remo and Karen Caponi My File No. 1137/01 Dear Mr. Ridley: Per your direction, I am forwarding this correspondence to your attention. This correspondence is intended as a formal request from the Mayor and City Council for the following: 1. First, the applicants request of the City of Eagan approval of all necessary easements to extend water, sanitary sewer and public street to the Vantage Point subdivision per the preliminary plat. In this regard, the necessary easements would be as shown on the September 1, 1995 construction plans for Vantage Point which were submitted along with the final plat application. It would be the applicants' intention that all utility ,and street improvements. be privately constructed. Given your comments in our t lephone discussions on September 18, it is my understanding that this written request is all that is required of tlle. applicants to render the final subdivision application complete, and consideration of the easement request and final plat application may be scheduled for the Council's October 2, 1995 meeting. 2. This correspondence also constitutes the applicants' r quest, if necessary, for an extension of the approval period to the extent any such extension may be necessary or desirable under the circumstances . Although there is certainly ambiguity regarding the effective date of preliminary plat approval, given that the City of Eagan's appellate remedies have only recently expired, it is our hope that any issues regarding timing of final plat approval can be eliminated by a formal extension. The applicant is certainly amendable to a waiver of the ' 60-day deadline for consideration of final plats if this request is granted and if for LAW OFFICES OF S. TODD RAPP Mike Ridley September 18, 1995 Page 2 any reason staff will not schedule consideration of final plat for October 2, 1995. You are undoubtedly aware of the justifications for this request. These include the fact that issues relating to the preliminary plat were the subject of appellate proceedings until well into the current year. Further justification exists given the uncertainty whether the City is willing to grant easements for utility and street extensions consistent with the Vantage Point preliminary plat. I have the understanding that no City ordinances have been amended which would have a substantive impact upon the preliminary or final plat requirements for Vantage Point; as a consequence there would be no substantive reason not to ext nd if necessary under the current circumstances . Hopefully such an extension would afford both the applicant and the City sufficient opportunity to resolve any issues relating to utility and street access if these are not resolved on October 2, 1995. If you have any information, requests or requirements oth r than what we discussed in our telephone conferences of September 18, please don't hesitate to contact me at your earliest convenience. Very truly wours STR/tkg u it - - II 612 681 4777 EAGAN FIRE DEPT . TEL :612-681-4777 Oct 11 '95 8 :58 No .001 P .01 Poet-It"'brand fax transmittal memo 7671 j s of pals► 3 co. "44 (jt 'opt Phony" 461 ' Fat N / 4, ,O Fat M MEMO city of eagan [Q DATE: JULY 12, 1994 • TO: ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: VANTAGE POINT •• REMO CAPONI BACKGROUND The Acquisition/Development Subcommittee met on June 28, 1994 to discuss the Vantage Point subdivision. As a result of that meeting, a draft position statement was • prepared. The draft is attached along with the original proposal from Remo.Caponi. The position of the statement makes it reasonably clear that the Advisory Parks, Recreation and Natural Resources Commission does not support a residential development for this parcel based on the concept that a public street through a park is not a good use. The City did not acquire the property for public road purposes, but for park purposes. At the same time, staff will be presenting to the Advisory Commission on Monday • evening those revisions to the current plan for access for this property. This access would take on the appearance of a public street and still provide reasonable park . usage. FOR COMMISSION REVIEW AND ACTION The Advisory Commission should review the proposed draft as prepared by th subcommittee for approval and submission to the Planning Commission for the July 28. 1994 meeting. KV/ik C MMIS*IONM NTAQE.JUc • • • • 612 681 4777 EAGAN FIRE DEPT . TEL :612-681-4777 Oct 11 '95 8 :58 No .001 P .02 July 1, 1994 Chair & Commission Members -- Advisory Planning Commission On behalf of the Advisory Parks,Recreation and Natural Resources Commission, I wish to thank you for the opportunity to provide you additional comments regarding the Commission's feelings and analysis regarding the Remo Caponi Vantage Pointe proposed preliminary plat. As you are aware, the APRNRC has not typically commented on zoning, density's of developments or layout as this is the peruse of the Advisory Planning Commission. The APRNRC charge has been to comment on parks, recreation and the natural resources of a plat as was the case with the Vantage Pointe sub-division. Given the opportunity to comment further relative to parks impact,we are pleased to provide you with , the following comments.' First, we believe that the, best interest of the community would be served if this parcel was to remain agricultural and in its present use. Acquisition by Mr. Anthony Caponi for inclusion into the Art Park would also be an acceptable resolution. Clearly, the residential- type development proposed,'sandwiched between a major athletic field and an art park, is not good fit for residential development nor the parks. • It is our understanding the developer has said be is opposed to taking access for this proposed development through the park. We agree. We,too,are opposed to a public street through the park. Barring the inclusion of this property into the art park, some limite residential use could be accommodated. We believe that no more than four units would be appropriate. It is our understanding that at four units, this subdivision can be accessed1 by what is essentially a private road which would best be serviced by a direct access from County Road 30. Clearly, access through the park to any proposed sub-division is not a desireable alternative. It would seem that four units with access from Diffley would fit this property. We are opposed to a "public street" entering the park to service any residential t ‘ �rr 11 612 6B1 4777 EAGAN FIRE DEPT . TEL :612-681-4777 Oct 11 '95 8 :59 No .001 P .03 development. City park plans show service to the existing home via..a private road off the park road. This has the least amount of impact to the park while still providing adequate access to this home. One final comment has to do with resource protection. Given the surrounding usage, i.e. art park and athletic fields, we believe that any proposed residential sub-division needs to be intensively managed to preserve the natural resources. The proposed intensive sub- division of eleven units,while meeting the general guidelines of the tree preservation policy, certainly is out of character with the surrounding art park usage and would negate the efforts that the City has taken in trying to provide a berm and proposed landscaping. In summation, we believe that the parcel should remain agricultural; perhaps to be incorporated into the art park. Barring that opportunity, a limited residential development serviced from Diffley Road via a private road seems a prudent decision for the sub-division as well as for the City park. A public road or park road servicing increased residential development through the parks is undesireable! We acknowledge a private road off th extension of the park road to service the existing home: Resource preservation should go bey nd the norm and can be improved via a reduction in the number of units. On behalf of the Advisory Parks, Recreation and Natural Resources Commission and its members, I offer this response. Sincerely, Lee Markell, Chair LM:KV/Ik u/,4DVCOMM.LT7z • • 612 681 4612 10'-11'95 10:59AM FROM CITY OF EAGAN TO 96814360 P002 _ i i 4O34..2 iiAGAN MY GOUNCiL MINt7rES;SEPTEMBER 20,1994 PAGE a i i Mayor Egan indicated a concern about the precedent this would set and asked whether concessi•• were made on the Hidden Valley development. Public Works Director Colbert stated he doesn't re - • : any economic considerations that were given to that property. Wachter recalled the City workin• - them on the access problems. Counoamember Masin Indicated she is not comfortable with substantiatl raging the piroperty. She asked whether there is another way to develop this property without dol► _ : much to the site. Scott • Johnson noted there have been numerous designs for this property and is a reduced number Of units. He feels this Is the best layout they can achieve for this property : fits the neighborhood. I Councamember Hunter stated he feels this propo well written; however,he Is also about the precedent issue. He feels there are enoug que circumstances to justify this decision and feels the Council should take advantage of the ••-rtunity to develop this property. CouncliMembed Wachter concurred, stating that the slternat' - that It goes to tax forfeiture. ' Mayor Egan added that in :• . ion to the unique physical factors,there are financial considerations also. ii this proposal is accept--, he City will at least recover the principal amount of Its assessments and . provide a housing develo• -nt that will generate an increased tax base for the community. It will al accomplish the city'- ::-I of connecting Slater Road to Burnsville Parkway. He sees this proposal a eliminating a lot egatives and gaining a lot of positives, and feels It mitigates against the precedent factor. A = - ,nd Wachter concurred. II Hunter moved, Wachter seconded a motion to approve an $80,000 assessment wfthol.t future erest abatement for Parcel 10-03100-014-77, subject to final subdivision/platting of the property; and u e e - : --, • •• -'dy' w'*K 10 eXeuule all Telatea aoournenf9. AA; a an; v ' REZONING/REMO CAPON! • Mayor Egan Introduced this Item as rezoning for Remo Caponi,of 5.9 acres from A,Agricultural to R-1, Single Family, along the south side of Ditfley Road, west of Lexington Avenue, Administrator(Hedges noted that the Advisory Planning Commission reviewed this and a public hearing was conducted. They d not favor this rezoning. I Community Development Director Reichert explained the request and location. She noted that whe this area was rezoned, this property was left without access except through the park. The Plannin Commission expressed concerns about having a small single family development in the midst of this par land, and that access would only be available through the park. The current home has art ease>!nent f access,and tt can be moved. The Planning Commission referred this to the Park and Recreatiod Board, and their recommendation was to keep it Agricultural with the single home. They also recommended the V development is to occur, that four homes would be more appropriate. Since four homes carrll have a private driveway rather than a public street, and they would like to see It have access off of Dlffey Roe rather than through the park. She noted the Planning Commission discussed rezoning it to single famiiyand reduce the'number, of lots,and the chair of the Planning Commission felt that any additional residential development in this area would be spot zoning. They recommended that the property remain the way it is,and determined that there Is a viable use of the property,and that it doesn't constitute a taking. Therefore,they recommended denial of the rezoning. 7 (0 .. s . • ,_ . . Ir .IT . N- • 612 681 4612 1U-11=95 10:59AM FROM CITY OF EAGAN TO 96814360 P003 I ; 00;''333 EAGAN CITY COUNCIL MINUTES;SEPTEMBER 20,law PAGE D • • I1 Todd Rapp, representing the Capont's, urged Council approval of this rezoning. He feet's t will increase the city's tax base and be an attractive development. He noted there were no objection i raised by the public at the Planning Commission. The development complies with all ordinance requirements. He reviewed the history of the development or this area and how this development compiles with the comprehensive plan. He concluded from staff reports that park and single family land uses are compatible., He doesn't feel there Is any justifiable reason for denial. • Mayor Egan reviewed statements from the staff reports regarding the compatibility of park anid single family land uses and asked the City Attorney whether the'Council has a legitimate basis for denying this. City Attorney Sheldon responded that the,Counca needs to make a factual determination on whether there Is a basis to accept or deny this rezoning based on the factors listed. Couneilmember Wachter expressed a concern about"using the park for access,and feels there wit be complaints•about noise and bright lights from the park. He feels this would cause priobtems CouneUmember Awada concurred, stating she feels it Is acceptable to have one lot taking access from park,but not 11 lots. She feels access should come from Diifley Road. Councilmember Hunter disagreed with Mr. Rapp's statement that the Comprehensive Plan S; ys that agricultural is not a viable long-term use In the City of Eagan. It actually states that commercial agricultural Is not a viable long-term use. A single family detached dwelling is a non-commercial agricultural Use . He refuted statements made by Mr.Rapp regarding the staff reports,noting that many of those statements war made when the entire area was D-1,and conditions have changed substantially since that time. lie feel 11 single family lots are too many for this area. The Council needs to decide what the zoning should If It isn't going to be D-1. Councfimember Awada asked whether the existing easement could be used for 11 lots. Corrimuri Development Director Reichert indicated ft cannot. There is a 16 foot easement and It can be relocated b the city, which is what they have done. Mayor Egan questioned the letter from Lee Markel!, noting It Is unusual for a member of an irdvls body to write a letter on city stationery to another advisory body. The letter Is not even consistent vAth what the Planning Commission did. Therefore, he doesn't feel It is the position of the Advisory Park and Recreation Commission. Hunter concurred, stating that the letter leads people to believe that it is thel position. Community Development Director Reichert stated she believes Mr.Markel!was designated to writ this letter to summarize their comments. The Advisory Planning Commission felt that the Advisory Park and Recreation&Natural Resources Commission be Involved in this land use issue due to the fact that ther Is park land there. She believes.Mr. Markel! Is the chair of the Advisory Parks, Recreation &'Natu Resources Commission and has written this letter on the commission's behalf to summarize their licsition Mayor Egan stated he feels the minutes should be the official document to state their position. Hel doesn know whether all of the board members agree with all of the points In the letter. Community Development Director Reichert noted that the Advisory Planning Commission requested this letter. Further discussio followed. • Councilmember Masin asked whether this development will have a negative impact on the park: Councilmember Awada state she doesn't feel it will have a negative Impact on°the city park as long as access Isn't taken from the park; however, she feels it will have a negative impact on the art park. Hunt r asked about traffic restrictions on this easement through the park. Community Development Director Reichert noted that a 16 foot easement would not be adequate under city ordinance to serve an 11 lot subdivision. She noted that it is difficult to determine what is best for this property until it Is known how the art park progresses ever the next few years. Hunter stated he doesn't like the`wait and see approach; --? 612 661 46'12 10'-11=95 10:59AM FROM CITY OF EAGAN TO 96814360 P004 • 1 °0 .Olt EAGAN CITY COUNCIL MINUTES;SEPTEMBER 20,1664 PAGE 10 ,II He feels the City owes the property owner the right to develop their property based on the City t# Eaga Comprehensive Guide Plan and he will base his vote on that. Councllmember Awada reiterated that she doesn't feel it is appropriate to take access from the pa Malin concurred. Mayor Egan disagreed, stating he feels the traffic Impact will be minimal. D ussi followed amount the easement and anticipated aount of traffic to be generated from this dev o Hunter moved, Egan seconded a motion to approve the rezoning,with direction to send the beck to the commissions for review. Aye: 4 Nay: 1 (Wachter opposed.) Community Development Director Reichert stated she doesn't feel It will be possible to a directly o0 of Dlfey Road. Administrator Hedges concurred, stating he feels the Planning Co m needs some direction from the Council. Hunter stated he would like this situation analyzed to :tee access is appropriate. Considerable discussion followed concerning access to this development: Awa noted she will vote against the plat if access is shown through the park. If the city gives them aldiffete easement,they won't be able to move the road or build something there wanted in the future. tactael the city loses Its flexibility for this property. A question comes up also as to who will pay for the If It gets redone. • Public Works Director Cotbert noted that if access Is taken from Oiflley.the configuration a the lot will change. This has been discussed before and Dakota County will not allow access to Diffley Road if the feel it Is available through city property. Awada noted that if the City refuses access through the par , Dakota County would almost have to provide the access. Public Works Director Colbert indicaterd he will watt for an alternative proposal from the developer to make the analysis. Todd Rapp indicated that the developer suggested access north of the water tower away I nom activity of the park,and It was at staff's urging that the access was moved to the current location. 'He feel they are getting contrary direction on this issue. He doesn't feel that access from Diffley Road Islfeasible. He feels the City is obligated to provide access to this property. The developer would like to gd back t their original proposal if the Council doesn't feel park access is desirable. but he needs that direction fr the Council. Mayor Egan Indicated,that the Public Works Director will be reviewing the access with Dako County,and staff can review his request as an option when it comes back to the Council. Mayor Egan Introduced this Item as a request to change bow hunting restricti• • . • • )nistrator Hedges noted that Norm Svien requested the opportunity to speak to the Co, - - about charging the pr sent ban on bow hunting, noting he wasn't aware that this issue was - . g considered last Iyear. A question arose as to whether a motion for reconsideration is nece• . • ity Attorney Sheldon clarified that unless It Is reconsidered at the meeting following the vote. . •nsidered a new motion. Norm Svien stated he feels that Eagan - : have some control over the deer herd. He would Ilk t hunt behind Gopher Smelting and - it would be safe, and wouldn't cost anything to the City Eagan. The City could hire sharp •- - -rs for deer control,but It would cost a lot of money,and he doesn't feel It Is an effective methc• •ntrot. He doesn't agree with the argument that bow hunting is Inhumane. • May agreed that It is unfortunate that so many deer get hit by cars, and die of disease or starvat owaver, the City of Eagan doesn't have a budget to properly monitor and regulate at hunting . M8 feels the ONR should be responsible for regulating deer hunting on private as well as putuic • 71. ill i 11 - S. TODD RAPP. P.A. TEL:612-854-5602 Sep 30'94 14:43 N0 .004 P.02 u►w orNCU OP S. TODD RAPP • A ProrES01O■A1.A.11ooMTIDN 1096 INTERNATIONAL PLAZA 7•00 INTORNATIONAL DRIVE 6LOOMINOTON, MINNESOTA 55426 e.T DD PAPP TOLEPHONS Nth M4.UOI TIMOTHY A. NETZELL ADMITTRO TO 1PRAD1 CI PADsIMIW Nlq 011I40011 OP CONNUI. M muNalSOTA AMP MI$GOMSIN AMMO'TD~harm CrRTFIRD AS R!AL PROMPT',LAW S+1 MMpaIOTA AND ARIZONA AND OMIL wpm.SPICU1MST N MIWNISOTA TATS PAR ASSOCIATION • September 30, 1994 Mr. Mike Ridley VIA FACSIMILE City of Eagan 681. 4612 3830 Pilot Knob Road Eagan, )* 55122 le: Vantage Point - City File Mo. 27-PP-13-4-94 Dear Mike: Linder separate cover, Wayne Tamer is forwarding to your attention a sketch plan of the Remo and !Caren Caponi property incorporating a direct Diffley Road access. I have conferred at length with Wayne Tamer concerning this sketch plan subsequent to our meeting on Wednesday. The factors of significance to Wayne which indicate that this possible alternative design lacks merit include the following: 1. First, the alternative street access, necessitated by the steep grades noted in your May staff report has the effect of eliminating two lots from the subdivision. Although there may be minor compensation associated with an enhanced marketability of the remaining lots, we estimate the net economic loss to the applicant as ranging in excess of $100,000. 2. The alternative plan results in approximately 20,000 yards of excess fill which would have to be transported off site at a substantial additional cost. 3. From the standpoint of safety, Wayne points out that the design incorporates maximum 8-percent elopes en the north side of this property. It can be anticipated that this will contribute to ice and snow accumulations posing hazards to the residents of. such a ' subdivision. Furthermore, the topography has required incorporation of curve radiuses ,consistent with a 20-mile-par-hour speed limitation. 1 ■9824 612 854 5602 09-30-94 02:42PM P002 1103 TODD RAPP, P.A. TEL:612-854-5602 Sep 30'94 14:43 N0 .004 P.03 LAW*MOM OP S. TODD RAPP • Mr. Mike Ridley September 30, 1994 Page Two 4. The site topography results in a cul-de-sac length which would require a variance, which presumably would be undesirable both to the City of Eagan and to the property owner. 5. The concept design indicates that numerous additional •substantial trees" would be lost to the site, a result which would be undesirable given Eagan's tree preservation policy (although not resulting in any violation of the policy maximum). • 6. The easterly lot would necessarily take on an exceedingly • exaggerated shape to avoid the alternate creation of an • undevelopable and unsalable outlet. 7. The concept design would also compel house elevations at - the southeasterly corner of the property which would require 10-percent slopes on at least two driveways. 9. Of course, the alternative design results in yet another intersection on Diffley Road, with the incremental increase in traffic hazards along this busy street. My initial reaction, upon seeing the concept sketch, was to speculate that it was skewed by its draftsman to look bad. How ver, the topography of the site and the location of the Diffley R ad median compel this exaggerated design. It has not been made • t appear bad; it inherently j bad. • Pioneer Engineering preliminarily considered yet another d sign anticipating a total of three private drive accesses, two off Diffley Road, to achieve a desired development density. :twee quickly determined, however, that even reducing such a concept to paper was not worthwhile given the physical constraints of the Caponi property. Consequently, the applicant believes that any subdivision of this property utilizing direct Diffley Road access will not be beneficial either to thew or to the City. The applicant also notes that the originally proposed access has always enjoyed staff support, at least in terms of its full compliance with ordinance requirements, and nothing has been identified which changes this fact. The Capons property has historically gained access from Lexington May and this is appropriate. After a careful review of the Diffley Road access as is warranted under the circumstances, it would be further evidence of Eagan's recalcitrance -- the first being its unapproved and unlawful elimination of the Caponi driveway -- if the City insisted upon any further consideration of this option. • As a consequence, the applicant intends to proceed with his proposed preliminary plat as originally submitted and hopes t enjoy the City's oo perati n. °'Qp 67 854 5602 '09-30-94 02:42PM P003 #03 I IF IT IT S. TODD RAPP, P.A. TEL:612-854-5602 Sep 30'94 14:44 No .004 P.04 LAW orpieas P S. TODD RAPP Mr. Mike Ridley 6 ptember 30, 1994 Page Three Thant you for your attention to this matter. Don't hesitate t contact me if you have any additional questions or concerns. Very truly yours, . T PP STR/jke cc: Remo and Karen Caponi • ( • 111■97 612 654 5602 09-30-94 02:42PU P004 #03 `.� � \. � .. :.:Z"• . _. 1, .`,` �. \% \'\\ \\ , I \ ‘C --g, \ \ \ '-:\\,,` \\v .,\;:\" t ti 1 T 'i� �1 �"� /p�'/ :y i n� , Al .a, }' 0 1 w / ` - N N! ■ /NI /•�' r,.,,,.• ...1 g�1 A IP"Ilb..-411i*741‘iirt.*Y- k.114& 41( m .. ,Sc;e1ri:///ig M2:14.-74fir714;7.,1//■..*t• 4;...4r;VP' I. _. - ..• 1, V_ /4 1rtp o _-'■ to 1:: \'''i eff.- wir.://li i• t 'd? 1 I earAti . A,4 IA ..1 s)i . / / t, I, 1 , 1 1 , I r_t,.i.. _4 1,,1, \A .14 .. .II . .. , , , Awortio----Az. I -:s.\ '04 ', . i' .''. I I Ilirvilireillr. j r --...0.1 ..,,X.It.:4134, =7-A. .5;1:110 ' ' -1,` , c : 2, . ,am . IFF: `41 '11 WA s 11114 ...I'0 r ■.%,.' A ,... 1 Illo i •.:•••,; fillrol.:01,1‘.t. i ' ..c" 1-1".411401411% - Ito gitid1111.- -1— , , . k „‘),, I■1 ( 1 111"11RIIV 1111, 1111041i!i \ --t-j----4 r •- 1' ; i 1 b1111W ' 1 ` rri I ,....3---:::_-"e-=_ ... __.•., tip`', . i i`' yT i I l�� 111 '� �i1int � :-_,... .• ,..., ,,,,,, , f i II 3'r !,.‘ N11°W.X.Y.i., I 111 • 5 , q K — i--• _ - ( a -I~ i 1 i i 1 • i 1 0 0) 1 4 1 ,..y - '`•i: . 1 / t*1 • K 4 , /., �° + ! �'��. \Cis• ,-1 } •• '-. 0 / 1 1 r 1 1 R., / %� 1. „1—_ _ 1,, , / f 1 1 �, 1 c 1 / / X11 • •j r •� . ; 1 ::�l I l '1R i t // III j//i lrlrj` d � \ i i i i ! l 11 l // / ..''.-��..,, . ::, 1 i , / //-4,, - ,,/ , , •,. ,� r I ��•/ j/,f4,I�� , ass , i � ,. ,..7. , ..,.i - ,.7 , .... • • 4} 1 k P. ,„,/ / Wii,/ itiiA/ , / /I /i / 11 I 1 r ir• I , // ///-// / to _ \ 1 1 l 1 I l,/ r /��/� / /%/////i / \� 1111'1 11 1, � I, k\ % 1� t T _ /<1/-1 .1 f.J_ 1 . .__.._—. _ • :�. :..-- _..._.._ ... ..1 /./•• .`} + r!,, ', , .%/ /. / y / ' t . r f r ;1 • / % 1/,/ • // / / - I 1 I n Iii I I II-- EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 '• - PAGE 6 - determined. Mr. Herbst asked whether this policy is common for cities. Public Works Director Colbert Indicated that upon doing a survey,this appears to be the mean average in the metropolitan area; however, each city is different. Some discussion followed concerning the assessment process. Councilmember Hunter noted the city uses a process that is cost effective and fair. Councilmember Awada concurred, noting that it keeps taxes down. She noted that the City of Eagan's property taxes are in the bottom 10-15% of metro area cities. There being no one else wishing to speak, Mayor Egan closed the hearing to public comment. Wachter moved,Awada seconded a motion to close the public hearing, adopt the final assessment roll for Project 660 and authorize Its certification to Dakota County;and that Lot 6, Block 2 be deleted from the final assessment roll with Its share being financed by the City's Major Street Fund. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/ENGLERT ROAD STREETS & UTILITIES Mayor Egan introduced this item as the final assessment hearing for Project 647, Englert Road Streets & Utilities. After a brief introduction, Public Works Director Colbert explained the project and assessments, noting he has received no objections to the assessments. Mayor Egan then opened the hearing for public testimony. There being no one wishing to testify, Mayor Egan closed the hearing to public comment. Hunter moved, Awada seconded a motion to close the public hearing and adopt the final assessment roil for Project 647 and authorize its certification to Dakota County. Aye: 5 Nay: 0 NEW BUSINESS • SALE OF CITY PROPERTY/RAY CONNELLY Mayor Egan introduced this item as sale of city property in the Southwest Quarter of Section 23. Hunter moved, Wachter seconded a motion to declare approximately 1.1 ares of PID #10-02300-031-54 as surplus public property; initiate a subdivision of this parcel in order to facilitate the sale of the one acre portion;and authorize the City to enter into a purchase agreement with Ray Connelly for the surplus parcel at a price of$3.00 per square foot with all assessments paid. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION/VANTAGE POINT • Mayor Egan introduced this Item as the preliminary subdivision for Vantage Point - Remo Capon! for the Northeast Quarter of Section 27. After a brief introduction by Administrator Hedges, City Attorney Sheldon stated there is some litigation involved with this subdivision and advised the Council to proceed . with consideration of this plat, and depending upon the action of the Council, discuss what action the Council wishes to take relative to the court action. Community Development Director.Reichert gave a staff presentation, explaining the location and history of this request,noting that the Caponi's submitted a proposal for access off of Diffley Road;however, they are requesting approval of their original plat with access through the park. She noted that Dakota County prefers to limit access onto Diffley Road and therefore prefers that the access come through the park. S.Todd Rapp, attorney for the Caponi's, stated the applicant's position is that the writ of mandamus compels the City Council to issue the certificate of preliminary plat and that there is nothing further for the Council to consider. Considerable discussion followed concerning whether access should come through the park or onto Diffley Road. The length of the cul-de-sac with access through the park was discussed at length; as well as liability and snow removal issues if access goes through the park; the problems of noise, lighting and privacy with access through the park;and safety issues associated with allowing access directly onto Diffley c(:3 EAGAN COY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 7 Road. Councilmember Wachter expressed his opposition to having access through the park due to the potential problems it would create. Councilmember Hunter stated he supports access through the park because it is the safest way for people in this development to get out onto Diffley Road. He doesn't favor having more traffic through the park, but it isn't that much more traffic and it will only affect the summer months. The marketability of this development was discussed, as well as the limitation of not being able to dose off the park in the winter. Councilmember Awada expressed her concern that if access is allowed through the park, It limits the city's flexibility for the park property. Mayor Egan disagreed on that point,and stressed the seriousness of having another access onto Diffley Road. Councilmember Masin noted the park will affect this development tremendously, and expressed a concern about liability. Councilmember Awada stated she thinks it is bad to allow single family housing at this location and doesn't think the Council should make it worse by putting the access'through the park. After more discussion, Hunter moved, Egan seconded a motion to approve the preliminary subdivision for Vantage Point, subject to the nine conditions set forth in the minutes of the Planning Commission. Aye: 2 Nay: 3 (Awada, Masin and Wachter opposed.) Awada moved, Wachter seconded a motion to direct the City Attorney to prepare findings of fact to present to the Council for denial of the Vantage Pointe subdivision. Aye: 3 Nay: 2 (Egan, Hunter opposed.) City Attorney Sheldon raised the issue of the appeal, noting that the issue the city is appealing is the court's determination of when the 120 day period started. Awada moved, Wachter seconded a motion to direct staff to proceed with the appeal of the writ of mandamus filed by the Caponi's. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/GENE STINAR Mayor Egan introduced this item as a Conditional Use Permit for Gene Stinar for the Southeast Quarter of Section 8. Community Development Director Reichert gave a staff report explaining the request and five year improvement plan. She noted the Planning Commission would like to see a more complete landscaping plan for the front and side of their property. Gene Stinar expressed a.concern about the lot combination agreement. He indicated he understands the need to combine the lots if a new building is added, but doesn't understand why they would need to do it if It is just for parking. It will cost them a substantial amount in capital gains tax to transfer that parcel into the corporation. He would be willing to sign a statement agreeing not to sell one lot without the . other If that is acceptable to the city. Community Development Director Reichert noted that ft is a zoning code requirement that parking isn't allowed on a free standing lot. Some discussion followed as to how this could be resolved without having a large financial impact on the company. Mayor Egan stated he would like to keep that requirement In place, and agreed to continue to work with him to minimize the Impact. Counciimember Wachter asked what the Council can do if the company doesn't adhere to their five year improvement plan. Community Development Director Reichert indicated the Council could revoke the Conditional Use Permit. This is his good faith pledge that he will complete these improvements. She noted Stinar Corporation is a long-term Eagan business and is Important to the community. Councilmember Hunter stressed that a five year phase in Is a long time and he doesn't want to see this be a precedent. Some discussion followed concerning when concrete curb and gutter will be installed. Wachter moved, Masin seconded a motion to approve a conditional use permit for Stinar Corporation to allow outdoor storage of vehicles and equipment on Lots 4 and 5, Block 2, Sibley Terminal , . - lq) 2 .c / • CITY OP EAGAN RESOLUTION NO. 1994- RESOLUTION OF THE CITY COUNCIL OF THE CITY, OF EAGAN DENYING THE PRELIMINARY SUBDIVISION, KNOWN AS VANTAGE POINT, OF LAND LOCATED APPROXIMATELY 650 FEET WEST OF LEXINGTON WAY ALONG THE SOUTH SIDE OF DIFFLEY ROAD IN THE SE4 OF SECTION 27, TOWNSHIP 27 NORTH, RANGE 23 WEST, DAKOTA COUNTY, MINNESOTA. Remo and Karen Caponi submitted applications requesting: (i) a r zoning from Agricultural to R-1; and (ii) a preliminary subdivision of eleven (11) lots for Vantage Point, for property which is 1 cated approximately 650 west of Lexington Way along the south side of Diffl y Road in the SE4 of Section 27, Township 27 North, Rang 23 West, City of Eagan, Dakota County, Minnesota. This matter came before the Advisory Planning Commission on May 24, 1994, and August 23 , 1994, with discussion primarily focusing on the rezoning of the property. Th Eagan City Council, on September 20, 1994, approved the rezoning to R-1. The City Council, at that time, direct d the applicants to provide an evaluation for the feasibility of acc ss to th subdivision coming directly off Diffley Road. On October 25, 1994, the Advisory Planning Commission recommended approval of the preliminary plat, subject to the nine conditions as listed in the Planning Commission meeting minutes of that same date. The motion was passed on a vote of 5 aye and 2 no.` The preliminary subdivision application was considered by the City Council on November 1, 1994 and based on all the files, records and proceedings the City Council finds as follows: 1. -That the applicants have the burden of meeting the City's requirement that the preliminary subdivision not impose health, safety or welfare problems. 2. That applicants presently access their property to Diffl y Road through the use of a 16-foot wide driveway easement which crosses land owned by the City and designated for us as a City park. 3. That increased access for ingress and egress from the proposed subdivision through the City park will cause an increased burden upon the park and its facilities. Jot 4. That access through the park would limit the flexibility f the City with respect to the long-term use of the park. 5. That the proposed cul-de-sac, with access through the park, is longer than that permitted by City ordinance without variance. 6. That access through the City park (Lexington Park) for an eleven-lot subdivision is not desirable and will caus confusion amongst park users and residents, in that traffic will enter the subdivision without notice that there is no access to Diffley Road. 7. That an eleven (11) lot subdivision adjacent to the City park with the attendant noise, lighting and traffic from th use of the park property is undesirable and would cause th proposed subdivision to be more susceptible to deterioration. . 8. That accessing the proposed subdivision through park property will require higher priority snow plowing and road and street maintenance of park property by the City than would be required otherwise. 9. That the applicants have failed to meet their burden of proof, especially since other reasonable and suitable acc ss is available directly to Diffley Road. Based on the foregoing, the City Council of the City of Eagan, Dakota County, Minnesota, hereby denies the application of Remo and Karen Caponi for an eleven (11) lot preliminary subdivision approval known as Vantage Point, Dakota County, Minnesota. The Council recognizes that pursuant to a Peremptory Writ of Mandamus issued in the matter of Remo Caponi and Karen Caponi v. City f Eagan District Court File No. 19-C0-94-009672, A Certificate of Pr liminary Plat Approval was executed and delivered by the City Clerk to Remo Caponi and Karen Caponi. While the Council expr sses its intent to honor the Certificate, the Council adopts this R solution to preserve its public record, pending appeal of this matter as authorized by the City Council at its regular schedul d a eting held on November 1, 1994. Dat d: , 1994. Moti n made by: . S corded by: • • IR , I I Agenda Information Memo • . October 17, 1995 Eagan City Council Meeting B. PRELIMINARY SUBDIVISION - KRESSE ADDITION ACTION TO BE CONSIDERED: • • To approve or deny a Preliminary Subdivision (Kresse Addition) consisting of two lots subject to the conditions recommended by the Advisory Planning Commission. FACTS: • The proposed Kresse Addition will consist of two single family lots on 1.14 acres previously platted as the south half of Lot 13,Treffle Acres located at 1474 Skyline Road. • Lot 2 of the proposed subdivision will contain an existing house and will be accessed from Skyline Road through a private easement over the adjacent parcel to the north. • As proposed, Lot 2 does not have any frontage on a public street which is inconsistent with the requirements of the Subdivision Ordinance. Approval of this preliminary subdivision as proposed would include a variance to the Subdivision Ordinance to allow a lot without public street frontage. • The proposed subdivision meets codes requirements for lot area and setbacks. • The Advisory Planning Commission conducted a public hearing on this proposed Preliminary Subdivision at its regular meeting on September 26, 1995. • • • The Commission, on a 4-1 vote, recommends approval of the Preliminary Subdivision subject to the conditions in the staff report, noting that item "Fl" should be included under condition #1. ISSUES: • Some Commissioners questioned if a hardship existed to justify granting a variance to allow a lot without public street frontage. It was noted that a flag lot,while meeting the letter of the City code,would not function to provide access to Lot 2 which will continue to take access from Skyline Road via a 35 foot private easement. Commissioners also noted that shifting Lot 1 to the south could potentially result in construction encroachment into a woodland along the south property line. BACKGROUND/ATTACHMENTS: APC minutes of Septq er 26, 1995, pages through tc2. Staff Report, pages 10 through 1 Page 4 September 26, 1995 ADVISORY PLANNING COMMISSION • PUBLIC BEARINGS KRESSE ADDITION- PRELIMINARY SUBDIVISION Vice Chair Wallace opened the next public hearing of the evening regarding a Preliminary Subdivision (Kresse Addition) to create two single family lots on 1.14 acres previously platted as the south half of Lot 13, Treffle Acres, located at 1474 Skyline • Road on the east side of Skyline Drive in the SE1/4 of Section 4. • Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staffs planning report dated September 20, 1995. Ms. Farnham noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Farnham further outlined the City staffs evaluation of the applicant's request, noting that the proposed Lot 2 does not abut a public street and has access only via a private easement which is in violation of the City Code. Ms. Farnham noted that the applicant could reconfigure the lots whereby Lot 2 would be delineated as a flag with a 50-foot public street frontage and widening out at the back of the lot to • achieve an 85-foot width at the building line. This would meet the letter of the Code, however, staff noted that the intent public street frontage requirement is to insure access to the property. Lot 2 will continue to take access via the private easement. Ms. Farnham noted that the applicant objects to making Lot 2 a flag lot. The applicant was present but stated he had no comment. • Bob Kresse, the applicant, stated that he does own both parcels but lives across Skyline Road from the subject site. Mr. Kresse further stated in response to Member Carlson's inquiry that if Lot 2 is configured as a flag lot, the proposed house on Lot 1 would have to shift to the south which in affect would lose its view of the Mississippi Valley. Member Carlson stated that the proposed location of the house on Lot 1 would block the view for the existing house on Lot 2. Mr. Kresse responded that because the existing house is only four feet off the property line whereas the new house would be ten feet, the view would not be blocked. Staff interjected that the garage setback is five feet. Mr. Kresse further stated that he bought the property for investment as a builder. Mr. Kresse further stated that using a flag lot configuration for Lot 2 would be impractical because the existing house on Lot 2 has a tuck-under garage facing the opposite direction of Skyline Drive: if access was required to be taken by Skyline Drive, the driveway would have to swing around to the back of the house to the garage. Member Carlson stated that she concurs with the applicant in the feasibility and practicalness of access to Skyline Road Drive as opposed to Skyline Drive. In response to Member Heyl's inquiry, Mr. Kresse stated that the existing home currently has a private "life-time" easement for access to Skyline Road and a purchaser of Lot 2 should have full protection to continue to use the access which has existed since 1952. Page 5 September 26, 1995 ADVISORY PLANNING COM IISSION Member Burdorf opined that the applicant's explanation of hardship boils down to basically an economic hardship. Mr. Kresse acknowledged that his request to be permitted to continue to use the private easement does "partly have economic and financial reasons". Mr. Kresse further stated that the proposed flag configuration of the lot would create an irregular lot that would be difficult to sell and would not be in the Community's best interest. Mr. Kresse also stated that the terrain to the south has a six to eight-foot grade which would cause logistic, but not impossible, problems for the driveway. Mr. Kresse stated that if the house on Lot 1 were moved to the south, the wooded area may also be adversely affected. Member Heyl stated that while the need for the variance may have been self imposed or may be for solely financial reasons, the variance would permit the reduction of any tree loss which could result if the proposed house had to be moved to the south portion of Lot 1. For those reasons, Member Heyl moved, Member Segal seconded, a motion to recommend approval of a Preliminary Subdivision (Kresse Addition) to create two single family lots on 1.14 acres previously platted as the south half of Lot 13, Treffle Acres, located at 1474 Skyline Road on the east side of Skyline Drive in the SE1/4 of Section 4, 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, • B 1, B3, Cl, C2, C4, DI, El and Fl. Lot Variance 2. A variance shall be.granted from City code Sec. 13.30, Subd. 8.0 to allow Lot 2 to be created with access provided from a private easement rather than from a public street. - t-of-Wa S treets/Ri gh y 3. The developer shall dedicate 30 feet of half right-of-way on Skyline Drive along the south edge of the site to allow for possible future extension of Skyline Drive to the south. Noise Zone IV Mitigation 4. Architectural designs and construction methods for new construction within the development will incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. q7 m - 1 1 Page 6 September 26, 1995 ADVISORY PLANNING COMMISSION 5. A notice will be recorded on each lot indicating that it is located within Metropolitan Council Aircraft Noise Zone IV. Tree Protective Measures 6. Protective fencing consisting of 4 foot polyethelene laminate safety netting be installed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees/woodlands to be preserved. 7. The developer shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Platting 8. The developer shall plat the property. All approved in favor, except Member Burdorf opposed stating that the applicant has not established a significant hardship to justify the variance. • trt) PLANNING REPORT • CTTY OF EAGAN REPORT DATE: September 20, 1995 CASE #: 4-PP-26-8-95 APPLICANT: Robert Kresse HEARING DATE: Sept. 26, 1995 PROPERTY OWNER: Robert Kresse PREPARED BY: Julie Farnham REQUEST: Preliminary Subdivision (Kresse Addition) LOCATION: 1474 Skyline Road;previously platted as the south half of Lot 13,Treffle Acres COMPREHENSIVE PLAN: D-1 (Single Family Residential (0-3 units/ac.)) ZONING: R-1 (Single Family) SUMMARY OF REOTJEST Robert Kresse is requesting a Preliminary Subdivision to create two single family lots on 1.14 acres previously platted as the south half of Lot 13, Treffle Acres located at 1474 Skyline Road in the SE 1/4, of Section 4. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria,including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. E. That the design of the subdivision or the proposed improvements is not likely to cause • 0 I i II] ii I - Iir- • Planning Report - Kresse Addition September 26, 1995 Page 2 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 This property was previously platted as Lot 13 of Treffle Acres, a large lot subdivision of . single family lots in the north west part of Eagan. Lot 13 was split into two lots (north 1/2 and south 1/2 of Lot 13). Both lots contain single family dwellings that appear to have been constructed in the 1950s. The applicant owns the southern lot. In 1982, a 16 foot private easement was granted over the lot to the north to allow ingress and egress to the south lot from Skyline Road. In 1991, the easement was widened to 35 feet to allow driveway and utility access from Skyline Road. The property is located within the Metropolitan Council's airport planning Noise Zone IV. Subsequently, new construction in the area is subject to noise mitigation performance 0 � • Planning Report - Kresse Addition September 26, 1995 Page 3 standards. gXISTING CONDITIONS The site currently consists of one lot and contains a single family house. The lot fronts on • Skyline Drive to the west, however the property is accessed via a private driveway easement off Skyline Road to the north. The house is also connected to City sanitary sewer and water from Skyline Road via the easement. The front of the house faces west. The house is located about 4 ft. from the north property line. Much of the property west and south of the house is covered in turf grass. There are some woods along the south property line and behind the house to the east and southeast. The property slopes slightly up from the west to east. There is a steep, 4-8 foot slope along the western edge of the property where it abuts Skyline Drive. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations'surround the subject property: North - Single family residential; zoned Single Family (R-1); guided Single Family Residential 0-3 unit/acre (D-1) South - Single family residential; zoned Single Family (R-1); guided Single Family (13-1) East - Single family residential; zoned Single Family (R-1); guided Single Family (D-1) West - Single family residential; zoned Single Family (R-1); guided Single Family (D-1) EVALUATION OF REOUEST Request- The proposed preliminary subdivision (Kresse Addition) will consist of two lots for single family development. Lot 1 will front on and be accessed from Skyline Drive to the west. Lot 2 will continue to utilize the existing private easement for access from Skyline Road to the north. Compatibility with Surrounding Area - The proposed single family lots should be compatible with surrounding single family development. . Density- The proposed Kresse Addition will consist of two residential lots on 1.14 acres. One lot will contain the existing house. The density, at about .57 units per acre will be well below the maximum 3 units per acre allowed. Lot 1 will be 23,366 s.f. (.54 ac.) and Lot 2 will be 26,326 s.f(.6 ac.) in size. These lots are much larger than the minimum 12,000 s.f. required for R-1 zoned property. Lots - The proposed subdivision will create a lot that does not have direct frontage on a public street. Lot 2 is currently accessed via a private easement off Skyline Road to the 03 l,r Planning Report - Kresse Addition • September 26, 1995 Page 4 • north. No part of Lot 2 abuts a public street. According to City code Sec. 13.30, Subd. 8.C., building lots must have a minimum of 50 feet of frontage directly abutting on a public street. The code further states "In no instance shall a private easement satisfy the above requirement." • The subject property is 164 feet wide, which is not wide enough to be evenly divided into two lots with the required 85 foot width at the front setback. However, Lot 2 could be delineated as a flag lot that provides 50 feet of public street frontage and widens out at the back of the lot to achieve the 85 foot width at the building line. This would leave Lot 1 with 114 feet of frontage along Skyline Drive. As such, both lots would meet all Code requirements. Staff has prepared an exhibit to illustrate this possibility. The intent of requiring public street frontage is primarily to ensure a means of access for ingress/egress and utilities. While a flag lot would meet the letter of the code requirement for public street access, the applicant intends to maintain access to Lot 2 through the existing private easement from Skyline Road. As such, the flag area would not function to provide access. • In addition, the applicant has indicated that the location of the proposed house on Lot 1, near the north property line, will take advantage of views to the west. The proposed house location would also allow a flatter driveway slope, since the slope along the west edge of the property increases to about 26% toward the southern lot line. The City has allowed lots with private easements in lieu of public street frontage in the past. However, those have been in situations where the property had significant physical or environmental limitations such as wetlands, woodlands or steep slopes. Some subdivision with such lots are Rooney Addition/Amber Leaf and Deerwood Pond Addition. Setbacks - All proposed yard setbacks meet Code requirements. This is based on defining the front yard of Lot 2 as facing east, since the lot is addressed and accessed off Skyline Road. The required rear yard is 15 feet as indicated on the proposed subdivision. Grading/Storm Drainage - The preliminary grading plan is acceptable. Minimal disturbance of this site will be required to prepare Lot 1 for construction of the proposed house. Cash dedication is required for water quality. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water service was previously stubbed to serve Lot 1 as part of the construction of Skyline Drive under the Prettyman Heights development. The existing house on Lot 2 is connected to City sanitary sewer and water service from Skyline Road. Access -The proposed Lot 1 will take access from Skyline Drive. The existing house on OH- • Planning Report - Kresse Addition September 26, 1995 Pages Lot 2 will continue to take access from Skyline Road through the adjacent parcel to the north. A 35 foot private easement exists through the adjacent parcel for driveway and utility purposes. Significant Vegetation - The Tree Preservation Plan is acceptable. The submitted plan indicates the presence of a 3,500 s.f. significant woodland located along the south property line. The woodlands consists of a variety of deciduous hardwood trees. According to the submitted plan, the woodlands will not be disturbed during construction. Since none of the significant trees/woodlands will be removed, no mitigation is necessary. Wetlands - There are no wetlands on this property. Rights of Way - The developer shall dedicate 30 feet of half right-of-way on Skyline Drive along the south edge of the site to allow for possible future extension of Skyline Drive to the South. park Dedication - Cash dedication of parks and trails is required for Lot 1 of the proposed Kresse Addition. SUMMARY/CONCLUSION The applicant is proposing to divide an existing lot into two lots for single family development. Code requirements for lot area and setbacks have been met. Lot 2 of the proposed subdivision would;contain an existing house and would be accessed from Skyline Road through a private easement over the adjacent parcel to the north. As proposed, Lot 2 does not have any frontage on a public street, and is in effect landlocked. This is inconsistent with the requirements of the Subdivision Ordinance. Approval of the subdivision as proposed would include a variance to the Subdivision Ordinance to allow a lot without public street frontage. ACTION TO BE CONSIDERED To recommend approval or denial of the proposed Preliminary Subdivision of two lots for Kresse Addition 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, B3, Cl, C2, C4, D1, El • Planning Report - Kresse Addition • September 26, 1995 Page 6 J,ot Variance 2. A variance shall be granted from City code Sec. 13.30, Subd. 8.0 to allow Lot 2 to be created with access provided from a private easement rather than from a public street. $_treets/Right-of-Way 3. The developer shall dedicate 30 feet of half right-of-way on Skyline Drive along the south edge of the site to allow for possible future extension of Skyline Drive to the south. - Noise Zone IV Mitigation 4. Architectural designs and construction methods for new construction within the development will incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. _ = 5. A notice will be recorded on each lot indicating that it is located within Metropolitan Council Aircraft Noise Zone IV. Tree Protective Measures 6. Protective fencing consisting of 4 foot polyethelene laminate safety netting be installed at the drip line or at the perimeter of the critical root zone, whichever is greater, of signficant trees/woodlands to be preserved. 7. The developer shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree • Preservation Plan. • Platting 8. The developer shall plat the property. • • • • FINANCIAL OBLIGATION • Kresse Addition There are pay-off balances of special assessments totaling SO on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending,assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property,the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Sanitary Sewer Trunk S.F. _ -$800/lot 1 S 800 Water Trunk S.F. $835/lot 1 S 835. TOTAL SS • • • • 11 1 - Il.- August 30, 1995 City of Eagan 3830 Pilot Knob Eagan, MN 55122 Attn: Planning dept. Re: Kresse Addition variance hardship letter. From:R.A. Kresse Co., Inc. As per your request we are submitting this letter of hardship to indicate why we are requesting that the plat drawings be accepted as submitted. We would like to address our position on six points. 1.) We feel our plan best represents what is reasonable and meets the common good of the neighborhood and the city(highest and best use). Adherring to the ordinance represents an unrealized hardship on all parties. 2.) Fulfilling the exact interpretation of the ordinance would add nothing of value to the existing structure because the existing garage is on the opposite side of the public access and below it one story,(tuckunder garage). 3.) An esthetic hardship would be imposed on the proposed structure because it would have to be shifted to the south thereby cutting off a view of the Minnesota River valley which would be obscured by an existing structure. 4.) If the ordinance is enforced the proposed lot is reduced by 30%which would reduce the property value which would not be in the best interest of the neighborhood. 5.) If the proposed lot is reduced the potential tax basis is reduced which would not be in the best interest of the city or county. 6.) Enforcement of the ordinance would create a very irregular lot by adding a rectangle onto an existing irregular triangle. We believe that the more complicated the lot dimensions the higher the potential for future boundary problems for residents in the immediate area. We want to thank you for considering our request and that you find merit in our position and let the plat stand as submitted. i . R.A. Kresse Co., Inc. na0terf-79/ Robert A. 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N 89'55'38" W SKYLINE DRIVE I ____ __ __ ' e • PRELIMINARY PLAT OF. . • -I • • + :- . I•KRESSE ADDITION. - i • • • • 1 I L. . _ . a , I I • . �y -� , . - rz. _ Or . - _ .....• . t; ` 1. - . •' • �. •_r.Iwo.Y.'r► —� % - •�O• • . ..• • OM��•■ Irma oat ,,1 1 • 12 1 MS i tiff .—_:- :�_... • ZEND R ACRES •.•.•r.s R =:=.: ..:�. FINANCIAL Oe1.lOAT1ON ••• ••,••.. . ................ . • LEGEND •..,...•.•....., •• l(. .. .....•................... Wets Trunk ._..^..—.—3 . . . •=SOS 11•1■01. • •II lT ■ n Agenda Information Memo October 17, 1995 Eagan City Council Meeting C. FINAL PLANNED DEVELOPMENT. PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT - KINDERCARE LEARNING CENTERS. INC. • ACTION TO BE CONSIDERED: • To approve or deny a Final Planned Development to allow a daycare facility and related parking lot on Lot 1, Block 1 Galaxie Cliff Addition #1 in the Galaxie Cliff Plaza Addition Planned Development subject to the conditions recommended by the Advisory Planning Commission. • To approve or deny a Preliminary Subdivision (Galaxie Cliff Addition #1) consisting of one lot subject to the conditions recommended by the Advisory Planning Commission. • To approve or deny a Conditional Use Permit to allow a pylon advertising sign on Lot 1, Block 1, Galaxie Cliff Addition #1 subject to the conditions recommended by the Advisory Planning Commission. FACTS: • The Final Planned Development for Lot 1, Block 1, Galaxie Cliff Addition #1 will include a 10,500 s.f. daycare facility and 56-stall parking lot (11 spaces designated for future parking), landscaping, signage, lighting and building materials as shown on plans submitted. • The proposed subdivision, Galaxie Cliff Addition #1, will consist of one 3.07 acre lot. • The developer intends to retain all but 2 of the signficant trees on site. • The developer is proposing a free-standing pylon advertising sign to be located near the west edge of the site along the I-35E right-of-way. The pylon sign will be 20 feet in height and 27 s.f. in area per sign face. It will be located at least 300 feet from the pylon sign on the adjacent Burnet Realty property. • The Advisory Planning Commission conducted a public hearing on this proposed Final • Planned Development,Preliminary Subdivision and Conditional Use Permit at tis regular meeting on September 26, 1995. • The Commission recommends approval of the Final Planned Development subject to the four (4) conditions in the staff report and one additional condition that the existing bituminous curb on the Burnet Realty site be replaced with concrete curb. (.._( • The Commisison recommends approval of the Preliminary Subdivision subject to the eight (8) conditions in the staff report. • The Commission recommends approval of the Conditional Use Permit for a pylon sign subject to the three (3) conditions in the staff report. ISSUES: • No issues were identified.. Commissioners complimented the developer on the proposal which retains much of the natural character of the site. BACKGROUND/ATTACI IMENTS: APC minutes of September 26, 1995 }�, ages(!�P through l i Staff Report, pages/(f.through (�7`p. (( Page 7 September 26, 1995 ADVISORY PLANNING COMMISSION PRELIMINARY SUBDIVISION, FINAL PLANNED DEVELOPMENT & CONDITIONAL USE PERMIT -KINDERCARE LEARNING CENTERS, INC. Vice Chair Wallace opened the next public hearing of the evening regarding a P1eliminary Subdivision (Galaxie Cliff Addition #1) to create one lot by combining Outlots A and B of Galaxie Plaza Addition, a Final Planned Development to allow a day care facility and a Conditional Use Permit to allow a pylon sign. The 3.07 acre site is located off Plaza Drive at the southwest intersection of Cliff Road and Galaxie Avenue in the NW'/a of Section 32. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staffs planning report dated September 20, 1995. Ms. Farnham highlighted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Farnham further outlined the City staffs evaluation of the applicant's request, noting that there currently exists a bituminous curb along the north edge of Burnet Realty's parking lot. Staff requests the applicant work with Burnet to replace the bituminous curb with concrete curb and gutter. Eric Johnson, a representative of the applicant, noted that they worked to keep a large number of existing trees on the site and that they are shifting the parking to the east to alleviate any potential problems with the steep slopes along the west edge of the parking lot. Member Carlson complimented the applicant on the proposal and Member Heyl inquired with staff as to the proposed design standard, if any, for the building design. Ms. Farnham stated that the existing planned development agreement has no building design standards but that the applicant intends to use the same or compatible material as used on the Burnet Realty building. Member Heyl inquired whether a condition could be added inquiring the applicant to use compatible material as used by Burnet for its building design. Ms. Farnham noted that the applicant is required to comply with the approved plans which includes use of exterior building materials compatible with the adjacent Burnet Realty building. In response to a Commission Member's inquiry, the applicant stated that KinderCare did not propose shared parking with Burnet because of differences in grades between the properties. A representative of KinderCare stated that it will work with Burnet Realty to assure that the concrete curb is installed and that the applicant would consent to making such item a condition of the recommended approval. Member Segal moved, Member Carlson seconded, a motion to recommend approval of a Final Planned Development to allow a day care facility on Lot 1,'Block 1, Galaxie Cliff Addition#1, subject to the following conditions: Page 8 September 26, 1995 ADVISORY PLANNING COMMISSION • 1. The Final Planned Development for Lot 1 Block 1, Galaxie Cliff Addition #1 will include a 10,500 s.f.'daycare facility and 56-stall parking lot with 11 spaces designated for future parking, landscaping, signage, lighting and building materials as shown on preliminary plans submitted. 2. A Final Planned Development Agreement 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 , * Final Lighting Plan Upon submission of these final plans, provided they are in conformance with the preliminary plans submitted, the Final Subdivision and Final PD may proceed to the City Council for approval. • 3. The developer shall enter into an agreement with the City regarding implementation of future parking. 4. All other County and State regulations, permits and licensing requirements shall be applied for and approved. 5. The developer shall use due diligence in cooperating with Burnet Realty to remove the existing bituminous curb and replacing it with a concrete curb and gutter. All approved in Favor Member Segal moved,;Member Heyl seconded, a motion to recommend approval of a Preliminary Subdivision (Galaxie Cliff Addition #1) to create one lot by combining Outlots A and B of Galaxie Plaza Addition, 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, G1 • l -, i II lT I I-- Page 9 September 26, 1995 ADVISORY PLANNING COMMISSION Grading 2. The developer shall revise the grading plan to reflect slopes of 3:1 or gentler or construction of retaining walls to meet slope requirements. 3. The developer shall submit detailed plans and specifications with the final grading plan for the construction of any retaining walls within the development 4. The developer shall maintain a 10 foot buffer between wetlands and any site grading. Tree Preservation 5. The developer shall install 4 foot polyethylene laminate safety netting at the drip line or at the perimeter of the critical root zone, which ever is greater,'of significant trees/woodlands to be preserved. 6. The developer shall contact the City Forestry division at least five days prior to the issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan. Platting 7. The developer shall plat the property. 8. The developer shall provide the City evidence of the shared access and record such easement with the plat. All approved in favor. Member Segal moved, Member Wallace seconded, a motion to recommend approval of a Conditional Use Permit to allow a pylon sign on Lot 1, Block 1, Galaxie Cliff Addition#1 as shown on the plans submitted, subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of Council approval with documentation provided to the City prior to issuance of the sign permit 2. The sign shall be subject to the one-time sign fee of$2.50/sq.$. 3. All applicable City Codes. All approved in favor. (6Q1 • PLANNING REPORT • CITY OF EAGAN • REPORT DATE: September 20, 1995 CASE: 32-PP-28-8-95, 32-CU-21-8-95, 32-CU-22-8-95 APPLICANT: KinderCare Learning Centers, Inc. HEARING DATE: Sept. 26, 1995 PROPERTY OWNER: Vernon R. Colon PREPARED BY: Julie Farnham REQUEST: A Preliminary Subdivision, Final Planned Development and a Conditional Use Permit for a pylon sign. LOCATION: •Outlots A and B, Galaxie Cliff Plaza; south of Cliff Road, north of Plaza Drive on the west side of Galaxie Ave. COMPREHENSIVE PLAN: Limited Business (LB) ZONING: Planned Development - Limited Business (PD-LB) • SUMMARY OF REOTJEST Kindercare Learning Centers, Inc. is requesting a Preliminary Subdivision (Galaxie Cliff Addition #1) to create one lot by combining Outlots A and B of Galaxie Cliff Plaza Addition, Final Planned Development approval to allow construction of a daycare facility, and a Conditional Use Permit to allow a pylon sign on the lot. The 3.07 acre site is located off Plaza • Drive at the SW intersection of Cliff Road and Galaxie Ave. in the NW 1/4 of Section 32. 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 II IT i (I- • Planning Report- KinderCare Learning Centers, Inc. September 26, 1995 Page 2 contemplated. D. That the site physically is suitable for the proposed density of the development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. • G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been"properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to,City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled"City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. City Code Chapter 11, Section 11.40 Subd. 6,D.,Final Development Plans, states: "Prior to the construction or the issuance of building permits, the following information shall be approved. This may be approved in stages as development ensues". 1. Final Plat: This shall be in accordance with Chapter 13 of the City Code and revisions thereto. 2. Final Building Drawings and Specifications: These shall be presented to the Building /cp,e) Planning Report - KinderCare Learning Centers, Inc. September 26, 1995 Page 3 Inspector for review and recommendation to the Planning Commission and Council. 3. Final Site Plans and Landscape Schedule: These shall be presented to the City staff for review and recommendation to the Planning Commission and Council. These shall be scaled drawings and include all site detail. City Code Chapter 11, Section 11.40, Subd. 4 C, Conditional Use Permits states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety,or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the • Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in • appearance with the, existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. • 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 Galaxie Cliff Plaza Addition Planned Development consists of one lot and 6 outlots for future development of Limited Business uses. KinderCare is proposed to utilize outlots A and B. Various developments have been proposed for these outlots individually;however,the heavily wooded and rolling topography of outlot A have made it a difficult site to develop independently. ./2>7 ( nr �i---__ 11__ Planning Report - KinderCare Learning Centers, Inc. September 26, 1995 Page 4 As such,KinderCare is proposing to combine outlots A and B to create one lot for development of a daycare facility. Combining the lots allows development while retaining much of the original physical character of outlot A. EXISTING CONDITIONS The site is currently undeveloped. Outlot A is heavily wooded with numerous oak trees of significant size (greater than 12" diameter). The topography is varied, containing a prominent knoll and a three depressions that are classified as wetlands. Outlot B is quite open and vegetated predominantly with grasses. A large hill exists in the middle of outlot B. This appears to be a soils stockpile from a previous construction project rather than natural topography. The site is bound by Cliff Road to the north, Galaxie Ave and PIaza Drive to the east, an exit ramp from I-35E to the west and Burnet Realty Office building on the adjacent lot to the • southwest. The property across Plaza Drive to the southeast is currently undeveloped but recently approved for the Oakpointe of Eagan development consisting of 35 single family homes. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Intersection of Cliff Road and I-35E; zoned Agricultural (A); guided Public Facility, Quasi-Public (PF) South - Galaxie Cliff Plaza PD (Burnet Realty); zoned PD; guided LB East - Galaxie Cliff Plaza PD (undeveloped); zoned PD; guided LB West - I-35E/exit ramp EVALUATION OF REOUEST • Preliminary Subdivision jt - The proposed Galaxie Cliff Addition One will consist of one 3.07 acre(133,738 s.f.) lot. Access - The site will be accessed off Plaza Drive via a driveway shared with Burnet Realty.. .trading- The preliminary grading plan is acceptable with some modifications. Approximately one-half of the site is heavily wooded while the remainder is generally open. The developer proposes to do a majority of the grading in the open area of the site. A large amount of cut (approximately 8 feet) is proposed for the building area. The proposed grading along the west and north edges of the site indicate some slopes steeper than 3:1 grade. City standards require that all graded slopes be 3:1 or gentler or the construction of additional retaining wall to meet slope requirements in those areas. The developer shall be responsible for submitting detailed plans and specifications with the fmal grading plans for construction of any retaining walls within • Planning Report -KinderCare Learning Centers, Inc. September 26, 1995 Page 5 the development. Storm Drainage/Water Cfuality-The preliminary storm drainage plan is acceptable. Storm sewer has been stubbed previously to provide storm drainage for the site. This storm drainage eventually drains to Pond AP-14, classified as a Class VI sediment basin in the City's Water Quality Management Plan (1990). A cash dedication is required for water quality. • Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water services of sufficient size, depth and capacity have been stubbed to the site and are readily available along the south edge of the development. Wetlands -Two wetlands are shown on the site. The developer intends to preserve all existing wetlands. The developer is proposing to minimize grading around a small wetland located between the proposed building and Plaza Drive. Staff requests that a 10 foot buffer be maintained between the wetland and any site grading. Tree Preservation - As previously stated, other development plans have been proposed for these outlots, however due to the large number of trees that would need to be removed to develop outlot A, those proposals never materialized. Combining these outlots into one site allows development to occur while preserving most of the significant trees. The submitted Tree Preservation Plan indicates 47 existing significant trees. The development as proposed will result in removal of only two significant trees to accommodate the proposed development. This amounts to 4.3% of the total which is well below the 30% allowable tree removal. Protective fencing should be placed around all trees or woodlands to be preserved. This fencing must be in place and inspected by staff prior to site grading. Park Dedications - Cash dedications for parks and trails are required. • Final Planned Development, Proposed Use- A KinderCare daycare facility is proposed on the site. Typical operating hours for the daycare are from 6:00 am to 6:00 pm Monday through Friday. The average KinderCare daycare accommodates 180,children throughout the day. Approximately 1/3 of the children arrive between 6:00 and 8:00 am, 1/3 between 8:00 and 10:00 am and 1/3 arriving after 3:00 pm. Compatibility with Surrounding Area - A daycare facility should not negatively impact . surrounding limited business uses. The proposed daycare facility will be easily accessible given . its close proximity to the I-35E/Cliff Road interchange and Galaxie Ave. In addition,its location at the northern tip of Galaxie Cliff Plaza PD will minimize traffic impacts on other businesses to the south. • /C93 . - - II lT iI 1 . I l._ Planning Report -KinderCare Learning Centers, Inc. • • September 26, 1995 Page 6 Setbacks - All.building, parking and sign setbacks meet or exceed code requirements. Building Design and Materials-The Galaxie Cliff Plaza PD Agreement does not specify design standards. The proposed daycare facility consists of a one story, 10,500 s.f. building._ The main entrance faces southwest. Doorways on each of the remaining facades provide access to outside play areas. All of the outside play areas will be enclosed by 6 ft. vinyl clad chain link fencing. • The play areas have been delineated to minimize encroachment into the steep or wooded areas of the site. Exterior building materials consist of brick wainscot to match the brick color of the adjacent Burnet Realty building. Above the brick will be EIFS panels which resemble a stucco textured surface. Columns placed at the building corners consist of the same brick and EIFS panel materials. Parking/Access - The applicant is proposing a total of 56 parking spaces which meets the code requirement based on the rate for retail uses of 1/150 s.f. of 80% of the building area. The site plan designates 45 spaces for initial construction and space is available for 11 additional spaces. The developer should enter into an agreement with the City regarding implementation of future parking. All stalls and drive aisles meet code requirements for length and width. • The site.will be accessed off Plaza Drive via a driveway shared with Burnet Realty. A shared access agreement is required. Because there is only one entry/exit point, turn-arounds are proposed at both ends of the parking lot. The northeast curb line of the Burnet Realty parking lot was constructed as bituminous curb for easy removal to accommodate possible future parking expansion within this development. The initial Planned Development anticipated a combined parking lot, however, this proposal includes a 5 foot separation between the Burnet and KinderCare parking lots. While the City cannot require the developer to reconstruct the curb on the Burnet property, staff requests that the developer. work with Burnet Realty to remove this bituminous curb and replace it with concrete curb and gutter in accordance with City standards as part of this development's parking lot construction. Landscaping - A fairly solid landscape screen of evergreen and deciduous trees and shrubs will be planted along the west property line adjacent to the I-3SE exit ramp. The parking lot will be screened from Plaza Drive with shrubs and some ornamental trees planted. Evergreen shrubs will be planted around the base of the monument sign in the front yard and the base of the proposed pylon sign. A retaining wall will be placed in the 5 ft. parking lot setback between the KinderCare and Burnet lots. Shrubs will be planted on the Burnet side of the wall. Three overstory trees will also be planted in the 5 ft. strip between the parking lots. A solid row of evergreen shrubs will also be planted along the length of the southwest (front) building facade. All play areas and open space around the parking lot and in front of the building will be sodded and irrigated. Most of the existing vegetation on the current outlot A will be retained (see Tree Preservation). Signage - The proposed signage includes one monument sign, one building sign and one pylon • /C? • Planning Report - KinderCare Learning Centers, Inc. • September 26, 1995 Page 7 sign. All proposed signs are consistent with City code requirements. The proposed monument sign will be setback 15 ft. from the entry driveway and 10 ft. from Plaza Drive. The 4' x 14'-8" (58.6 s.f.) sign face will be placed between two 5 ft. brick support pillars. The brick will match that used on the building. Building signs are proposed on the SE (facing Plaza Drive) and SW (front)facades. The signs (16.5 and 22 s.f., respectively) are substantially smaller than the 20% facade area allowed by code. The sign proposed for the southwest (front) facade does not face a major public street. As such, the applicant is requesting a deviation from the sign code to allow a sign near the front'building entrance. The building signs consist of individual metal letters attached to the building and will not be illuminated. • Conditional Use Permit A Conditional Use Permit is required for the pylon sign which will be located to be visible from the I-3SE exit ramp and Cliff Road. The proposed pylon sign will be 20 ft. in height with a 3' x 9'(27 s.f.) sign face. It will be setback 20 ft. from the north/west property line and about 280 feet from the south property line. A pylon sign in addition to a monument sign is allowed on sites with freeway frontage, provided the signs are located on opposite sides of the site. As proposed,the sign meets the standards for pylon signs and should not detract from the character of the surrounding area. Staff notes Burnet Realty also has a pylon sign along the freeway. As required by code,the proposed KinderCare pylon sign it is located over 300 feet from the Burnet sign. SUMMARY/CONCLUSION • The proposed preliminary subdivision (Galaxie Cliff Addition #1) will create one lot from two existing outlots. The proposed subdivision meets all Code requirements for lot size and setbacks. The final planned development includes a 10,500 s.f. daycare facility, including fenced outside play areas and a 56-stall parking lot, with 11 spaces designated for future parking. Most of the site development will occur on the western part of the site which allows much of the significant physical characteristics of the current outlot A to be preserved. The proposed daycare facility is compatible with surrounding limited business uses. Proposed landscaping, building design and materials and signage are compatible with the character of surrounding development and are well integrated with the existing site conditions. The proposed pylon sign meets the standards for freestanding business signs and is in a location that will not impact the character of the area. The applicant is also requesting a deviation from the sign code to allow a building sign on the front facade which does not face a major public street. ACTION TO BE CONSIDERED To recommend approval or denial of a Final Planned Development to allow a daycare facility /C9- J II ar nr 11 - _ _ , it .rte Planning Report - KinderCare Learning Centers, Inc. September 26, 1995 Page 8 and 56-stall parking lot on Lot 1,Block 1 Galaxie Cliff Addition#1 as shown on plans submitted subject to the following conditions: 1. The Final Planned Development for Lot 1 Block 1,Galaxie Cliff Addition#1 will include a 10,500 s.f. daycare facility and 56-stall parking lot with 11 spaces designated for future parking, landscaping, signage, lighting and building materials as shown on preliminary plans submitted. 2. A Final Planned Development Agreement 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 • * Final Lighting Plan Upon submission of these final plans, provided they are in conformance with the preliminary plans submitted,the Final Subdivision and Final PD may proceed to the City Council for approval. 3. The developer shall enter into an agreement with the City regarding implementation of future parking. 4. All other County and State regulations, permits and licensing requirements shall be applied for and approved. To recommend approval or denial of the proposed Preliminary Subdivision consisting of one lot (Galaxie Cliff Addition #1) subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al,BI,B2, B4, Cl, C2, C4, Dl, El, Fl, Gl Grading 2. The developer shall revise the grading plan to reflect slopes of 3:1 or gentler or construction of retaining walls to meet slope requirements. • - 6 • Planning Report - KinderCare Learning Centers, Inc. September 26, 1995 Page 9 3. The developer shall submit detailed plans and specifications with the final grading plan for the construction of any retaining walls within the development. 4. The developer shall maintain a 10 foot buffer between wetlands and any site grading. Tree Preservation 5. The developer shall install 4 foot polyethylene laminate safety netting at the drip line or at the perimeter of the critical root zone, which ever is greater, of signficant trees/woodlands to be preserved. 6. The developer shall contact the City Forestry division at least five days prior to the issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan. Platting 7. The developer shall plat the property. 8. The developer shall provide the City evidence of the shared access and record such easement with the plat. - To recommend approval or denial of a Conditional Use Permit to allow a pylon sign on Lot 1, Block 1 Galaxie Plaza Addition One as shown on plans submitted subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of Council approval with documentation provided to the City prior to issuance of the sign permit. 1. The sign shall be subject to the one-time sign fee of 52.50/sq.ft. 3. All applicable City Codes. • -- - - 11 7 I - 11-- FINANCIAL OBLIGATION- Kindercare Addition There are pay-off balances of special assessments totaling $7,098 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. 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",."..;...,.....s, / I:::i'i:t1:::;;;:iiiiiIii::::'::ii:ii:.1.1.1.1.1iiiiii::ira::::.iiiIiiiilAi4i.iiigiiiikl::i:.;::*:.:5::.„:::....04.r, ., -e■ •••• * 1 A ii 0 i i I..4. 1 1 p'1.' ! .,.:::ii:kiiiiii1;&:::::i::iiMii:.:. .::::::::1:::::::iiiiaiiiiiiii:*111:::: :::i::M 46, / I '. ::::i:::iii'::::::::::.:?*:::::;::::::‘:::*i::::i*i::::x:::*i...:::i*::::::•:::7 ..,.. 1 .1-::\i'.:1:AtifiVi:iiiii:::::::iggi::i:iiii:::::ini.lifir / •%.:.:".::§N:iii::::::::::::, . . \:,.....:..::::::::„.::::::::.:::::.::?.. 1 1 Vl ` , I� w Trsj ,` \' . ("dwin -- 866T Lj tit ;T0 OE 6ntl PaM 69066-18\69066\9Mq\ Agenda Information Memo October 17, 1995 Eagan City Council Meeting D. CONDITIONAL USE PERMIT, TRUCK & FREIGHT TERMINAL - BENSON-ORTH FOR FRITZ COMPANIES ACTION TO BE CONSIDERED: To approve or deny a Conditional Use Permit for construction of a truck and freight terminal on Lots 19, 20, and 21, Block 5, Eagandale Center Industrial Park #3, subject to the 10 conditions recommended by the Advisory Planning Commission. FACTS: • The Conditional Use Permit for Lots 19, 20 and 21,Block 5,Eagandale Center Industrial Park #3, located at 3130 Neil Armstrong Boulevard, includes construction of a 20,088 square foot truck and freight terminal with 69 parking spaces, landscaping and building materials as shown on plans submitted for Fritz Companies. Area for future expansion is also indicated to the rear of the proposed structure. • Fritz Companies provides freight forwarding services and coordination for transportation and distribution of imports and exports. • The Advisory Planning Commission conducted a public hearing on this proposed Conditional Use Permit at its regular meeting on September 26, 1995. • The Commission recommends approval of the Conditional Use Permit for a truck and freight terminal subject to the nine•conditions in the staff report with the addition of Condition #10 which shall read that all off-street parking requirements of the City Code shall be met. • The Advisory Park, Recreation and Natural Resources Commission tabled action on this request to its October 16, 1995 regular meeting of the APRNRC to allow the subcommittee to review the tree mitigation plan. ISSUES • At the Natural Resources Subcommittee meeting on October 3, 1995, the developer presented a revised tree mitigation plan. The proposed building was moved back toward the rear of the property and the parking area was reconfigured. These changes reduced the number of significant trees removed from the site from 63 (87% of the total) to 40 (50 % of the total). The Subcommittee will recommend approval of the mitigation plan to the full Commission on October 16, 1995 BACKGROUND/ATTACHMENTS: (2) APC minutes of Sete ber 26, 1995, (through Staff Report, pages ,(7 through I 11 Page 14 September 26, 1995 ADVISORY PLANNING COMMISSION CONDITIONAL USE PERMIT-BENSON-ORTH Vice Chair Wallace opened the next public hearing of the evening regarding a Conditional Use Permit to allow a 20,088 square foot trucking facility on 3.68 acres in a LI (Light Industrial) district on Lots 19, 20, 21, Block 5, Eagandale Center Industrial Park #3 located on the west side of Neil Armstrong Boulevard south of Lone Oak Road in the NWl/4 of Section 11. Planner.Harlicker introduced this item. Mr. Harlicker highlighted the information presented in the City staffs planning report dated September 13, 1995. Mr. Harlicker noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Harlicker further outlined the City staffs evaluation of the applicant's request, noting that the significant required grading will result in a substantial tree loss. Troy Stutz, the applicant's representative, stated that the applicant agrees with all of the conditions noted in the staffs report. Mr. Stutz further noted that the proposal is a difficult project because of the significant number of trees on the lot subject to loss due to the required grading. Mr. Stutz noted that since the proposal was submitted to the City, the owner has decided to expand on the proposed building structure which would increase the warehouse building to 20,000 square feet and the office building to 10,000 square feet. Mr. Stutz noted that the owner has decided to change the facet of the building which would include decorative concrete blocks with a glass front. Mr. Stutz concluded that the applicant is aware that it may be subject to additional requirements due to the changes in the proposed building sizes. Member Heyl, noting that the proposal meets the City Code requirements and that the applicant agrees to comply with any additional Code requirements due to the site plan changes, moved, Member Wallace seconded, a motion to recommend approval of a Conditional Use Permit to allow a 20,088 square foot trucking facility on 3.68 acres in a LI(Light Industrial) district on Lots 19, 20, 21, Block 5, Eagandale Center Industrial Park •#3 located on the west side of Neil Armstrong Boulevard south of Lone Oak Road in the NW1/4 of Section 11, subject to the following conditions: Site Plan 1. Details and elevations of the dumpster enclosure are required. They should demonstrate that it is compatible with the principle structure. 2. The developer shall submit a final landscaping plan for approval by the City. • 3. This permit shall be recorded at Dakota County within 60 days of Council approval. ( 3g2 • Page 15 September 26, 1995 ADVISORY PLANNING COMMISSION ^ !. 4. The developer shall combine all three lots into a single tax parcel at Dakota County. 5. The developer shall comply with all parking requirements.under the City Code. Grading 6. The applicant shall revise the grading plan to reflect slopes of 3:1 or gentler, or the construction of additional retaining walls to meet the slope requirements. 7. The developer shall submit a final grading and storm drainage plan for approval by the City. 8. The applicant shall be responsible for submitting detailed plans and specifications detailing the construction of any retaining walls for the development Erosion Control -• 9. The developer will be responsible for 'maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. • Tree Preservation 10. A tree mitigation plan will be required prior to the City releasing the Conditional Use Permit for recording at Dakota County. Member Carlson noted her concern as to the significant tree loss due to the development of the lot, to which Member Wallace concurred but noted that the applicant agrees to comply with all tree loss mitigation requirements. All approved in favor. • • • . ( 57 PLANNING REPORT CITY OF EAGAN REPORT DATE: September 12,1995 CASE: 2-PP-27-8-95 APPLICANT: Robert Martin HEARING DATE: September 26, 1995 PROPERTY OWNER: Robert Martin PREPARED BY: Scott Harlicker REQUEST: Preliminary Subdivision and Site Plan Approval for Robert Martin Phase II. LOCATION: 2975 Lone Oak Circle COMPREHENSIVE PLAN: IND - Industrial ZONING: LI - Limited Industrial SUMMARY OF REQUEST Robert Martin is requesting approval of a preliminary subdivision and site plan for a warehouse and office facility on the west side of Lone Oak Circle, north of Lone Oak Road in the SW 1/4 of Section 2 consisting of two lots on 5 acres. 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 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. 6(0 • Bob Martin - Phase II September 26, 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. BACKGROUND/HISTORY Bob Martin Trucking has been located at this site'for about one year. A conditional use permit was approved in August 1994 to allow a truck and freight terminal at this site. Prior to relocating to Eagan, Bob Martin trucking was located in Bloomington. -;R- Bob Martin - Phase II September 26, 1995 Page 3 • EXISTING CONDITIONS The east half of the site is utilized as a truck and freight terminal as well as office space. Landscaping and parking were provided as per approved plans. The rear of the property is open grassland with a small wooded area in the northwest corner. SURROUNDING USES The following existing uses; zoning, and comprehensive guide plan designations surround the subject property: _ North - Shelard Warehouse and Trans X ;zoned LI; guided IND South - Interstate Crossing; zoned LI; guided IND East - Roadway Express and Fire Station # 2; zoned LI; guided IND West - U.S. Post Office, Florstar Building; zoned LI; guided IND EVALUATION OF REOUEST The applicant is requesting approval for preliminary subdivision of a 5 acre parcel into two lots. The applicant is also proposing to construct a 37,423 square foot warehouse and office building on Lot 1. There is an existing 38,376 square foot building on Lot 2. Subdivision Lots - The two proposed lots are 2.49 acres ( Lot 1 ) and 2.51 acres ( Lot 2 ). Both lots meet City Code size requirements. Access/Street Design - The site currently has a single access from Lone Oak Circle. The developer is proposing to access Lot 1 via a private drive easement across Lot 2. The developer should submit the private easement document•to the City Attorney's office for review and approval prior to Council action on the Final Subdivision. Grading/Wetlands - Modifications are necessary to the preliminary grading plan. The proposed slopes along the west and north edges of the site are steeper than the City allowed maximum . slope of 3:1. The developer should modify the plan to provide 3:1 slopes. There are no wetlands on this site. Bob Martin - Phase 11 September 26, 1995 Page 4 Storm Drainage/Water Quality - The preliminary storm drainage plan is acceptable. The plan shows the connection of the internal storm sewer system of the lot 1 parking area to existing storm sewer of lot 2. A cash water quality dedication based on the increase in impervious surface is being recommended to the Advisory Park, Recreation, and Natural Resource Commission. Utilities-Modifications are necessary to the preliminary utility plan. The proposed layout shows the extension of sanitary sewer and water main from Lone Oak Circle to serve Lot 1 along the south edge of the site. This layout requires a 10' separation between the existing storm sewer and the proposed water main and also 10'between the proposed water main and sanitary sewer which will require the developer to acquire an additional 10' of drainage and utility easement. Tree Preservation - There are no significant trees or woodlands on site. Parks and Recreation - Staff is recommending a cash Park and Trail dedication for the new lot to the Advisory Park, Recreation, and Natural Resources Commission. Site Plan Compatibility with Surrounding Area-The proposed site plan is compatible with the surrounding industrial area in which it is to be located. The building will be 37,423 square feet of warehouse and office space. The existing building is constructed with exposed aggregate panels and metal cap flashing; the new building will be of similar design and the same construction material as the existing building.Both the new and existing buildings conform to the 35%maximum building coverage. Setbacks - The proposed building conforms to the required building, parking and drive aisle setbacks for LI zoning. Parking- The proposed parking layout does not provide sufficient parking spaces on each lotto meet Code requirements. The existing facility on the site has a parking requirement of 94 spaces; 51 spaces are provided and there is room for the additional 43 if needed. The proposed subdivision and new warehouse.eliminates the area that was dedicated for the additional spaces as "proof" of parking. The site plan shows the required 188 parking spaces for the two buildings; however, they are not divided so that each lot provides the required parking for the building which is located on it. Either the parking layout or the subdivision lot line will require reconfiguration so that each lot accommodates the required parking for the existing and proposed buildings. • • - i Zr--ar - , - 1'- _ /-1 Bob Martin - Phase II September 26, 1995 Page 5 Landscaping-Modifications are necessary to the Landscape Plan.Peripheral landscaping includes sugar maples and ashes. The developer should provide additional coniferous plantings along the north and south property lines to help screen the loading areas from adjacent properties. SUMMARY/CONCLUSION The subdivision meets the required findings for subdivision approval listed on pages 1 and 2 of the staff report. The proposed use is consistent with the Conditional Use approved in 1994 and will be compatible with uses in the surrounding area. ACTION TO BE CONSIDERED To recommend approval or denial of the Bob Martin Phase 2 Preliminary Subdivision consisting of 2 industrial lots on 5.1 acres. To recommend approval or denial of the Site Plan for construction of a 37,423 square foot building. The approval is subject to the conditions listed below: Subdivision Standard Conditions • 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, BI, B2, Cl, C2, C4, D1, El, Fl, Gl and H1 2. The property shall be platted. Dedications 3. The development shall be subject to a cash parks dedication. 4. The development shall be subject to a cash trails dedication. 5. The project is subject to a cash water quality dedication based on the increase in impervious surface . Grading • 6. The developer shall revise the grading plan to reflect slopes of 3:1 or gentler or the construction of a retaining wall to meet the slope requirements. /v/ Bob Martin - Phase II • September 26, 1995 • Page 6 7. The developer shall be responsible for submitting plans and specifications detailing the construction of any retaining walls for the development. Erosion Control 8. The developer shall be responsible for installing and maintaining erosion Control measures in accordance with the • Easements 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. 10. The developer shall acquire the additional easement along the north property line of the Interstate Crossing development to the south needed for construction of the sanitary sewer extension to Lot 2. Parking 11. The devloper shall provide adequate parking so that each lot accommodates the required parking for the existing and proposed buildings. Site Plan Landscaping 1. The developer shall provide additional coniferous landscaping to screen the loading area from the adjacent property to the south. • Parking 2. The developer shall provide adequate parking so that each lot accommodates the required parking for the existing and proposed buildings. 3. The developer shall enter into an agreement regarding implementation of proof of parking. • • • / 1) 11 11T 11 Agenda Information Memo • October 17, 1995 Eagan City Council Meeting E. PRELIMINARY SUBDIVISION. CONDITIONAL USE PERMIT AND SITE PLAN - ROBERT MARTIN PHASE II ACTION TO BE CONSIDERED: • ► To approve or deny Robert Martin Phase II Preliminary Subdivision consisting of two industrial lots on five acres subject to the 11 conditions recommended by the Advisory Planning Commission. ► To approve or deny a Conditional Use Permit and site plan for a 37,423 square foot truck and freight terminal on Lot 1 subject to the three conditions recommended by the Advisory Planning Commission. FACTS: ► The Preliminary Subdivision for Robert Martin Phase II involves subdividing a 5-acre lot into two lots. The two proposed lots are 2.49 acres ( Lot 1 ) and 2.51 acres ( Lot 2 ). There is an existing 38,376 square foot building on Lot 2. ► The site currently has a single access from Lone Oak Circle; the developer is proposing to utilize that drive to access Lot 1 via a private drive easement across Lot 2. ► A Conditional Use Permit was approved in August 1994 for the existing truck and freight terminal at this site. ► The developer is proposing construction of a 37,423 square foot building on Lot 1 to be used as a warehouse/freight terminal and office space. • ► The Advisory Planning Commission conducted a public hearing on this proposed Preliminary Subdivision and site plan at its regular meeting on September 26, 1995 • The Commission recommends approval of the Preliminary Subdivision subject to the 11 conditions in the staff report . • The Commission recommends approval of the site plan for a warehouse and office building subject to the three conditions in the staff report with the modification of Condition 1#3 to read: "The developer shall enter into an agreement with the City for the purpose of implementing proof-of-parking and the construction of the parking area when required by the City." • • • ► The Advisory Park, Recreation, and Natural Resources Commission recommends that the development be responsible for a cash parks and trails dedication for the newly-created lot, Also, the development shall be responsible for a cash water quality dedication based on the increase in impervious surface. ISSUES: The Commission recommended approval of the site plan for the construction of a 37,423 square building. Because the CUP approved in August 1994 was for a truck and freight terminal building on the 5-acre parcel, a new CUP should be required for the construction of the truck and freight terminal ,building on the proposed Lot 1. BACKGROUND/ATTACHMENTS:APC minutes of Septer 26, 199 p ges //f through f . Staff Report, pages l-through( �j. • • Page 16 September 26. 1995 ADVISORY PLANNING COMMISSION PRELIMINARY SUBDIVISION - ROBERT MARTIN Vice Chair Wallace opened the next public hearing of the evening regarding a Preliminary Subdivision (Bob Martin Phase II) consisting of two lots on 5.01 acres combing Lots 9, 10 and 11 of Eagandale Industrial Center No. 2, then dividing them into two lots located on the west side of Lone Oak Circle, north of Lone Oak Road, in the SW1/4 of Section 2. Planner Harlicker introduced this item. Mr. Harlicker highlighted the information presented,in the City staffs planning report dated September 12, 1995. Mr. Harlicker noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Harlicker further outlined the City staffs evaluation of the applicant's request, noting that the site plan shows 188 parking spaces for the two buildings, but the Code requires 94 on each lot and the parking spaces are not divided so that each lot provides 94 for each building. Jack Grotkin, the general contractor on the project, appeared as a representative for the applicant. In response to Member Segal's inquiry, the applicant's representative stated that the required parking for each lot will be provided. Mr. Grotkin emphasized that 12 stalls will be shifted to assure that there are 94 spaces on each of the lots. Mr. Grotkin further noted that the row of parking on the property line will be shown as a proof of parking as future needs require. In response to Member Segal's inquiry regarding the concept of"proof of parking" Community Development Director Reichert stated that the City Attorney's office is currently in the process of preparing a draft proof of parking agreement in which the developer will agree to install the required parking upon the • City's determination that the additional parking is required. Member Burdorf moved, Hey! seconded, a motion to recommend approval of Preliminary Subdivision (Bob Martin Phase II) consisting of two lots on 5.01 acres combing Lots 9, 10 and 11 of Eagandale Industrial Center No. 2, then dividing-them into two lots located on the west side of Lone Oak Circle, north of Lone Oak Road, in the SW% of Section 2, 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, CI, C2, C4, D1, El, Fl, G1 and HI 2. The property shall be platted. Page 17 September 26, 1995 ADVISORY PLANNING COMMISSION Dedications 3. The development shall be subject to a cash parks dedication. 4. The development shall be subject to a cash trails dedication. 5. The project is subject to a cash water quality dedication based on the increase in impervious surface . Grading 6. The developer shall revise the grading plan to reflect slopes of 3:1 or gentler or the construction of a retaining wall to meet the slope requirements. 7. The developer shall be responsible for submitting plans and specifications detailing the construction of any retaining walls for the development. Erosion Control 8. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the Easements 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. 10. The developer shall acquire the additional easement along the north property line of the Interstate Crossing development to the south needed for construction of the sanitary sewer extension to Lot 2. Parking - - 11. The developer shall provide adequate parking so that each lot accommodates the required parking for the existing and proposed buildings. All approved in favor. Member Heyl moved, Member Burdorf seconded, a motion to recommend approval of a Site Plan for a warehouse and office facility on,the west side of Lone Oak Circle, north of Lone Oak Road in the SW1/4 of Section 2 consisting of two lots on five acres. Landscaping 1. The developer shall provide additional coniferous landscaping to screen the loading area from the adjacent property to the south. 9 „ „ • Page 18 September 26, 1995 ADVISORY PLANNING COMMISSION Parking 2. The developer shall provide adequate parking so that each lot accommodates the required parking for the existing and proposed buildings. 3. The developer Ann enter into an agreement with the City for the purpose of implementing proof of parking and the construction of the parking area, when required by the City. All approved in favor. • • • V PLANNING REPORT CITY OF EAGAN REPORT DATE: September 12,1995 CASE: 2-PP-27-8-95 APPLICANT: Robert Martin HEARING DATE: September 26, 1995 PROPERTY OWNER: Robert Martin PREPARED BY: Scott Harlicker REQUEST: Preliminary Subdivision and Site Plan Approval for Robert Martin Phase II. LOCATION: 2975 Lone Oak Circle COMPREHENSIVE PLAN: IND - Industrial ZONING: LI - Limited Industrial SUMMARY OF REOUEST Robert Martin is requesting approval of a preliminary subdivision and site plan for a warehouse and office facility on the west side of Lone Oak Circle, north of Lone Oak Road in the SW 1/4 of Section 2 consisting of two lots on 5 acres. 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 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. • • 7 r , n -nn - r l 1` • Bob Martin •Phase U September 26, 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. BACKGROUND/HISTORY • Bob Martin Trucking has been located at this site for about one year. A conditional use permit was approved in August 1994 to allow a truck and freight terminal at this site. Prior to relocating to Eagan,Bob Martin trucking was located in Bloomington. • • Bob Martin - Phase II - September 26, 1995 Page 3 EXISTING CONDITIONS' The east half of the site is utilized as a truck and freight terminal as well as office space. Landscaping and parking were provided as per approved plans. The rear of the property is open grassland with a small wooded area in the northwest corner. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Shelard Warehouse and Trans X ;•zoned LI; guided IND South - Interstate Crossing; zoned LI; guided IND East -Roadway Express and Fire Station # 2; zoned LI; guided IND West - U.S. Post Office, Florstar Building; zoned LI; guided IND EVALUATION OF REQUEST The applicant is requesting approval for preliminary subdivision of a 5 acre parcel into two lots. The applicant is also proposing to construct a 37,423 square foot warehouse and office building on Lot 1. There is an existing 38,376 square foot building on Lot 2. • Subdivision • Lots -The two proposed lots are 2.49 acres ( Lot 1 ) and 2.51 acres ( Lot 2 ). Both lots meet City Code size requirements. Access/Street Design - The site currently has a single access from Lone Oak Circle. The developer is proposing to access Lot 1 via a private drive easement across Lot 2. The developer should submit the private easement document to the City Attorney's office for review and approval prior to Council action on the Final Subdivision. Grading/Wetlands -Modifications are necessary to the preliminary grading plan. The proposed slopes along the west and north edges of the site are steeper than the City allowed maximum slope of 3:1. The developer should modify the plan to provide 3:1 slopes. There are no wetlands on this site. II IP I i-- • Bob Martin - Phase II • • September 26, 1995 Page 4 Storm Drainage/Water Quality - The preliminary storm drainage plan is acceptable. The plan shows the connection of the internal storm sewer system of the lot 1 parking area to existing storm sewer of lot 2. A cash water quality dedication based on the increase in impervious surface is being recommended to the Advisory Park, Recreation, and Natural Resource Commission. Utilities-Modifications are necessary to the preliminary utility plan.The proposed layout shows the extension,of sanitary sewer and water main from Lone Oak Circle to serve Lot 1'along the south edge of the site. This layout requires a 10'separation between the existing storm sewer and the proposed water main and also 10'between the proposed water Main and sanitary sewer which will require the developer to acquire an additional 10' of drainage and utility easement. Tree Preservation - There are no significant trees or woodlands on site. Parks and Recreation - Staff is recommending a cash Park and Trail dedication for the new lot to the Advisory Park, Recreation, and Natural Resources Commission. • Site Plan Compatibility with Surrounding Area-The proposed site plan is compatible with the surrounding industrial area in which it is to be located. The building will be 37,423 square feet of warehouse and office space. The existing building is constructed with exposed aggregate panels acid metal cap flashing; the new building will be of similar design and the same construction material as the existing building.Both the new and existing buildings conform to the 35%maximum building coverage. Setbacks - The proposed building conforms to the required building, parking and drive aisle setbacks for LI zoning. kin -The proposed parking layout does not provide sufficient parking spaces on each lot to meet Code requirements. The existing facility on the site has a parking requirement of 94 spaces; 51 spaces are provided and there is room for the additional 43 if needed. The proposed subdivision and new warehouse eliminates the area that was dedicated for the additional spaces as "proof' of parking. The site plan shows the required 188 parking spaces for the two buildings; however, they are not divided so that each lot provides the required parking for the building which is located on it. Either the parking layout or the subdivision lot line will require reconfiguration so that each lot accommodates the required parking for the existing and proposed buildings. /rV• Bob Martin - Phase II September 26, 1995 Page5 Landscaping-Modifications are necessary to the Landscape Plan.Peripheral landscaping includes sugar maples and ashes. The developer should provide additional coniferous plantings along the north and south property lines to help screen the loading areas from adjacent properties. SUMMARY/CONCLUSION • The subdivision meets the required findings for subdivision approval listed on pages.1 and 2 of the staff report. The proposed use is consistent with the Conditional Use approved in 1994 and will be compatible with uses in the surrounding area. ACTIOPLTO BE CONSIDERED To recommend approval or denial of the Bob Martin Phase 2 Preliminary Subdivision consisting f 2 industrial lots on 5.1 acres. - —. To recommend approval or denial of the Site Plan for construction of a 37,423 square foot building. The approval is subject to the conditions listed below: • Subdivision Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, Bi, B2, Cl, C2, C4, Dl, El, Fl, 01 and H1 2. The property shall be platted. Dedications 3. The development shall be subject to a cash parks dedication. 4. The development shall be subject to a cash trails dedication. 5. The project is subject to a cash water quality dedication based on the increase in impervious surface Grading 6. The developer shall ;revise the grading plan to reflect slopes of 3:1 or gentler or the construction of a retaining wall to meet the,slope requirements. • • • IF I I_. • Bob Martin - Phase II September 26, 1995 Page 6 • 7. The developer shall be responsible for submitting plans and specifications detailing the construction of any retaining walls for the development. Erosion Control • 8. The developer shall be responsible for installing and maintaining erosion control measures in accordance with the casements 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. • 10. The developer shall acquire the additional easement along the north property line of the • Interstate Crossing development to the south needed for construction of the sanitary sewer extension to Lot 2. Parking 11. The devloper shall provide adequate parking so that each lot accommodates the required parking for the existing and proposed buildings. Site Plan Landscaping 1. The developer shall provide additional coniferous landscaping to screen the loading area from the adjacent property to the•south. Parking 2. The developer shall provide adequate parking so that each lot accommodates the required parking for the existing and proposed buildings. 3. The developer shall enter into an agreement regarding implementation of proof of parking. • • • FINANCIAL OBLIGATION • Bob Martin Phase II There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount NONE _ - Q If lir I) I. I HEIGHTS N'''.....91_0 s. 1250 411 TERSTATE ‘ —---.---ti.........■••••■al . '''''IS o•NEL OR ' I P) :A•stse,- I I ,.,,r_ .(TRAPP No • �\‘414w . ,_ , f I i t , CORPORATE E AN Al 'ly%,� ( 4 va 'ILA-14: s 0, Li24_ L /. _ , �� -- ( KENNETH SI. • qo a •+" r '� s -. ! t uc q ST. L EMGT• c{. di '.., , ' 4 4fso' SER .. • ' I 4..;4 KEEFE ST. ,PARK t yr., ..,1L-- w ! P:A-rt, •4 u S. 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IT- " •._ 411,; .iii u; k. a 1M fl) ! 1 aw .. �, It it I • .. A I Hill. •.i Iii �` :1.1.—,� � � ` tli .al I .1 c. g ' I i!1///" v+ • it-r— g"11) ._ w - I ,, tag: IF r _611 t-I ..x. ..3" .1 ! i.e..;_ 1-1'WI �3 . Agenda Information Memo October 17, 1995 Eagan City Council Meeting F. ST.PAUL PORT AUTHORITY-BUSINESS DEYELQPMENT FINANCING ACTION TO BE CONSIDERED: To provide general direction on whether the City would consider participating in the St.Paul Port Authority business development financing program for businesses located in the City of Eagan. FACTS: See*staff memorandum dated October 13, 1995. BACKGROUND/ATTACHMENTS: (2) Staff memorandum dated October 13, 1995, pages (( ' rough September 27, 1995 letter from St. Paul Port Authority, pages C(„ through) 7;I-:--- • ) (.0 S' • )11( • MEMO __ city of eagan TO: MAYOR & CITY COUNCILMEMBERS FROM: PEGGY REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 13, 1995 SUBJECT: CITY PARTICIPATION IN ST. PAUL PORT AUTHORITY BUSINESS DEVELOPMENT FINANCING INTRODUCTION The City has been asked by the St. Paul Port Authority in conjunction with Register Resale, an Eagan based corporation, to consider participation in the Port's business development financing program. At this point, the City Council is asked to determine whether it would support the general concept of City participation in this financing program for Eagan based businesses. Actual participation in the program would be considered by the City Council on a case-by-case basis with each individual application. If the City Council's direction is positive toward this potential financing program participation, it is likely that the specific financing for Register Resale's project in Eagan would be • considered at a City Council meeting in November. BACKGROUND Over two years ago, the City Council first discussed the possibility of the St. Paul Port Authority extending its loan assistance programs to businesses developing outside the City of St. Paul. At that time we were discussing potential financial assistance to Lull Engineering through the St. Paul Port Authority. Since then, the Port Authority has continued to work on its potential business development financing programs and their applicability outside the St. Paul city limits. As of this time, the Port has not yet provided any financing to any business outside St. Paul. • Register Resale is currently located at two leased premises in Eagan and has now - determined that it would like to consolidate its activities in a new location. They employ 56 people and expect to add 25-50 new jobs in the next two years. They are looking to build a new facility in the Eagandale industrial park. Additional descriptions of the Port • Authority's business financing program, as well as the Register Resale project summary, are included for Council review. Significant additional financial information concerning Register Resale would be available to the City for review and evaluation prior to Council consideration of any actual financial participation. The main reason that a company like Register Resale is seeking this type of financial assistance is that it can borrow a far greater percentage of its capital requirements than would otherwise be the case without the credit enhancement provided by the backup financing from the Port Authority. The City's responsibility in this effort would be to enter into a Joint Powers Agreement with the Port and to guarantee 10% of the total project cost for the first five years of the loan. In the case of Register Resale, they are looking for a loan value of 90% of their capital requirements with a 15-year amortization term. The City would be guaranteeing $150,000 for five years. Mr. David Stokes of the St. Paul Port Authority and Mr. David Hoeffel, President of Register Resale, will be present at the City Council meeting to describe the program and answer any questions the Council may have. ACTION TO BE CONSIDERED To provide general direction on whether the City would consider participating in the St. Paul Port Authority business development financing program for businesses located in the City of Eagan. _414,-,67 • Director of Community Development PARrs st-paul.p-a • • ,r l- 111 • FAX(612)223-5198 PORT AUTHORITY OF THE CITY OF SAINT PAUL TOLL FREE(800)328-8417 1900 LANDMARK TOWERS • 345 ST. PETER STREET • ST. PAUL,MN 55102-1661 • PHONE(612)224-5686 September 27, 1995 Ms. Peggy Reichert Director of Community Development City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Peggy: As we discussed briefly on the phone at the end of last week, I would like to bring to your attention an Eagan business that has requested financing assistance from the Saint Paul Port Authority. Register Resale (also known as R2) initially contacted the Port Authority about its expansion needs with a particular interest in the Port Authority's newest business park, Crosby Lake Business Park. At that time, we discussed land • availability and the variety of financing programs the Port Authority makes available to its clients. In the course of those discussions, it became apparent that Crosby Lake Business Park would not have an appropriate site available in a timeframe to meet Register Resale's needs. However, the company continued to be interested in one of the Port Authority's financing programs, the Business Development Finance (BDF) Program. • As you may recall from a couple of years ago, the Port Authority had similar discussions with the City of Eagan regarding the Port Authority's BDF program to assist Lull Industries. Due to internal financial decisions by Lull, Lull decided not to proceed with our financing program. Although the BDF Program has been refined somewhat as it relates to our partner lenders and borrowers, the structure between the Port Authority and the City of Eagan would be essentially the same. I am enclosing an informational brochure on the BDF Program and also a preliminary summary of Register Resale's project in Eagan. • (40 7 • Ms. Peggy Reichert September 27, 1995 Page -2- . The key benefits of this project are that it: Allows a growing, successful business to remain in Eagan and make a long term investments in a community. Provides financial assistance to a company to allow it to properly allocate its capital. Increases the City of Eagan's tax base. Allows the Port Authority to provide job opportunities to Saint Paul residents when Register Resale adds new employees. I understand that you may discuss this projectiat an upcoming City Council meeting to bring them up to date on this project. I would look forward to attending that meeting to answer any questions you or the Council might have regarding this project; please let me know how you wish to proceed. If you have any questions as you review this information, please do not hesitate to give me a call. Sincerely, 'David . Stokes Vice President DMS/amd cc: Lorrie Louder Greg Drehmel • Attachments R2-let • • • I. Cos? r nn r i i 1 • PRELIMINARY REGISTER RESALE PROJECT SUMMARY • Borrower: R2 Investments With a lease from: Register Resale Corporation 2020 Silver Bell Road • Eagan, Minnesota 55122 Contact: David Hoeffel, President Telephone: (612) 454-0383 Nature of the Project: R2 Investments intends on building an office, production and warehouse facility for lease to Register Resale Corporation. R2 Investments is a partnership consisting of the principals of Register Resale. R2 Investments will construct a building in Eagan, Minnesota of approximately 40,000 square feet, including 8,000 square feet of office space and 32,000 square feet for production and warehousing. The building will feature 20 feet clear height and allow for an addition 30,000 square feet. The land parcel is located in Eagandale Industrial Park and is 4 acres. The parcel is located on the West Frontage Road of 1-35E, between Highway 55 and Lone Oak Road. R2 Investments is in the final stages of negotiation on the land and expects to sign a Purchase Agreement in the next several days. Register Resale will relocate from its two leased premises in Eagan and consolidate its activities in the new location. Register Resale employs 56 people and expects to add 25 to 50•new jobs in the next two years. R2 Investments expects total project cost to be $1,500,000, of which the building will be $1,050,000 with the land and other cost equaling $450,000. R2 Investments intends on starting building construction in 1995, with the goal of having the site work, pad and footings in by November 15, 1995. lSl • • Loan Structure: Project costs for the site and construction of the facility is budgeted to be $1,500,000. Funding sources are proposed to be: Eastern Heights Bank $1,350,000 With guarantees described below Equity 150,000 Total $1,500,000 The Saint Paul Port Authority would guarantee 25% of the bank's loan, or $375,000 for the term of the loan, which is proposed to be 15 years. The City of Eagan would provide a guarantee to the Port Authority of 10% of the loan amount, or $150,000, for a period of 5 years. The $150,000 is included in the Port Authority's guarantee amount of $375,000. The general terms and conditions for the bank loan include a fully amortizing loan over 15 years. The bank will provide both the interim and permanent financing, but the guarantees being proposed here are only for the permanent financing. The Port Authority has had a preliminary review of the financial strength of the company and will have finalized its review in the next two weeks. The company and the Port Authority will share that information as requested by the City of Eagan. Nature and History of the Business: Register Resale Corporation (also known as .R2) resells cash registers, point of sale, and peripheral equipment to U.S. and Canadian grocery, retail specialty, and retail department stores. The company was incorporated in 1987. The company sells to retail business throughout the United States. The company currently employs a staff of 56, with branch offices in Chicago and Toronto, with its corporate headquarters in •Eagan, Minnesota. 50 of the 56 jobs are located in Eagan. Register Resale leases about 20,000 square foot office, technical and warehousing facility in Eagan at 2020 Silver Bell Road. The company is leasing additional space of 9,000 square feet in a nearby facility, also in Eagan. Development Team: i /-7 un — { I1 - -„ ,._ • Contractor: Adkins Construction, Inc. 2020 Silver Bell Road Eagan, MN 55122 Contact: David Adkins Telephone: 686-5000 Bank: Eastern Heights Bank Woodbury Office 7525 Currell Boulevard Woodbury, Minnesota 55125-2254 Contact: Dennis.C.-Falkum Telephone: (612) 736-0638 Attorney: Orren, Klemp & Stenton 400 Exchange Street 26 East Exchange Street Saint Paul, MN 55101 Contact: D. Scott Klemp Telephone: 224-1364 Fax: 222-2002 R2-1 -,-.7-.;:4-.:::::::f2.` ty-217' - '�-Jr - - .J. _ -- - - -ti_ ;;- .h.z-t - Busv ness Deve o ment Financing The Purpose of the Program Approval/Underwriting Process 1. Support industrial job creation by financing business The Port Authority will maintain an independent underwriting expansion. and approval process for all loans in the BDF program. 2. Enhance the ability of businesses to comply with private Port Authority staff will review all the information outlined credit standards for first lien real estate financing. as detailed under terms and conditions.The information will 3. Work in conjunction with local lenders to meet the real estate needs of manufacturing/industrial firms. be presented to the Board Loan Committee. Upon approval,which is designed to take no more than two How BDF Works weeks after all the appropriate information has been received, the Port Authority will issue a commitment letter to the • The Port Authority will purchase a participation of up to private lender. 25%of the real estate value in a loan made by the private lender.The Port's participation will be subordinate to the Eligibility t Criteria loan held by the private lender,after remedies are sought g y or collateral is liquidated. PROGRAM PREREQUISITES • For example,if your company is seeking first lien financing Must demonstrate that BDF will be used to: for new construction,a private lender may lend 65%of the • Create new industrial jobs or retain current industrial jobs. loan.The BDF program will allow the lender to extend up • Strengthen the City's property tax base. to an additional 25%in debt at no additional risk to the lender. ELIGIBLE APPLICANTS • BDF loans can be used for construction,rehabilitation and • Shall include owners of industrial businesses relocating or expansion of industrial facilities. expanding in the City of Saint Paul.May include Metro • Loan sizes up to$5 million.The maximum dollar amount East locations with additional guidelines. of the Port Authority portion will not exceed$1,250,000. • Businesses shall have been in operation for at least three • Private lenders will provide all servicing and administra- years prior to the date of application for a BDF loan.Must tion of the loans.Agent banks will not be held accountable provide three years of financial statements,including two for loan problems absent gross mismanagement. years of profitability. • Eligible applicants include owners of manufacturing or ELIGIBLE USES industrial companies relocating or expanding in the City • lien financing for new construction,expansion or pur- chase and substantial rehabilitation of industrial land and extended to Metro East locations. buildings.Interim construction and bridge loans are eligible. Terms and Conditions • Loans may not be used for refinancing unless job retention and expansion can be demonstrated. 1. The term of each loan shall be determined by the lead • Industrial use only,owner-occupied facility. Sublets must not bank. exceed 50%.Coverage shall not include income for sublets. 2. The interest rate on the Port Authority's participation shall DOCUMENTATION be determined at the time of Board Loan Committee approval. • Applicants shall submit a signed loan application,three 3. The bank portion of the loan shall be at least 65%loan to years of financial statements,personal financial statements value.The Port Authority portion shall not exceed 25%. bf business plan three s a part of years the application returns r process. and a A total of 90%loan to value can be achieved. business plan as part of the application process.•4. The fee for use of the Port Authority's participation will history pr of bankruptcy,excessive litigation or other legal problems. be pro-rata of the total loan origination fee to compensate Pr for the subordinate nature of the Port Authority's LOAN PROVISIONS participation. • Must demonstrate 1.1X coverage ratio based on most recent 5. All loans will be subject to standard real estate lending full year financials.Appropriate bank ratio definitions may requirements,including,but not limited to,a FIRREA also be used. appraisal,title insurance,Phase I environmental assess- • Maximum Debt/Equity ratio(on pro-forma basis)of 3 to 1, ment,insurance and escrow(if desired by Port Authority subject to industry standards. and bank)for real estate taxes and special assessments. • Port Authority portion of loan not to exceed$1,250,000. All information,including financial statements,provided No minimum. -to the private lenders will also be provided to the Port • Loan value not to exceed 90%.Loan term determined by Authority. Complete details are available by request. lead bank,amortization up to 30 years. 6. Additional terms and conditions will be established on case-by-case basis. METRO EAST REQUIREMENTS • Attempt to locate the business within the Saint Paul city Referrals limits is proven to be unsuccessful. • At least 30%of all new hires over the term of the loan must Current bank customers will comprise the majority of program be Saint Paul residents. participants,however,the Port Authority will receive referrals • A Joint Powers Agreement must be provided by the commu- from companies who are not customers of any of the partici- - nity and 10%of the total project cost must be guaranteed pating banks in the BDF program.In these cases,the Port by the community for a period of five years. Authority will screen the request and provide the company • Business would be eligible to utilize the with a list of all the participating banks in the BDF Program customized job training program. including the contact names and phone numbers. • Access to bus transportation is preferable. Terms subject to change without notice.All finance and incentive 00 Landmark Towers,346 Saint Peter Street 1 are subject to review,availability and approval. S t Paul,MN 55102-1661 Fax(612)223-6198 ©1995,Saint Paul Port Authority. ( Ph ne(612)224-5686•'loll free 1-800-328-8417 r li 1111--r- 1 1 I 2830 Pilot En b Road jiLf (612)681-4600 x 122-1897 CITY OF EAR APPLICATION FOR LICENSE E3?.d&.f t'' rr he REFpsE/RECYCLING G ' I, k2r eby make application for a Refuse/Recycle license for th year . �r Name Addre s alleA) V1) (S145 5n557 y Tate Zip p SU$INSS$ SA =H'1JA 1--Tech-e Ch Vt .b 1u tf"46tuncit-L, 710`7 5 co 4-1-bout 13 Address rylo, 5537g- gq0- � � 6 City State Zip Te ephone Municipalities where presently licensed: 9V1 00 1� lN SCHEDULE OF Fins AND UEQUITS: �J Type f License Residential Dwelling ($50 first truck/$25 each additional) -- Required for haulers serving single family detached, duplex and four-plex units. -- Includes Residential Recycling License at no additional fee. -- Additional requirements outlined in Hauling Ordinance as attached. Multiple Dwelling/Commercial ($50 first truck/$25 each additional) -- Required for haulers serving multiple family dwellings larger than four-pl x s and commercial accounts. -- Permits, but does not require commercial recycling provided that documentati n of quantities recycled is provided to the City. Contact recycling staff for details. -- Includes Residential Recycling License at no additional fee. -- Additional requirements outlined in Hauling Ordinance as attached. Residential Recycling ($50 first truck/$25 each additional) -- Required for haulers performing residential recycling for single family, dupl x, four-plex and multi-family residential. -- Applicable to independent firms and subcontractors to licensed haulers. Combination Residential Dwelling/Multiple Dwelling/Commercial ($75 first truck/$25 each additional) �-- • Permits service to all types of refuse accounts. • Includes requirements as defined for each individual license. -- Includes Residential Recycling License at no additional fee. NUMBER OF TRUCKS TO OPERATE IN EAGAN: I TO CALCULATE LICENSE FEE Individual license 1 truck e $50 + trucks at $25 • _ Combination license 1 truck I $75 + trucks at $25 • PROVIDE: Motor Vehicle Workers' Comp V Insurance Insuranc Rat Schedul expir s g)5c )q -expires VDT V/ Fees: $200 investigation(non-refundable) City of Eagan , $50 license $SSO Pilot Knob Rd. Licens Term:July 1-June 30 Eagan, MN 55122 CITY OF EAGAN 481-4600 APPLICATION FOR MASSAGE THERAPIST LICENSE Fax:6u1-4612 This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a massage therapist license. 1 1 TRUE NAME: 1 1 N�� 1"�/�` �-�C t`t ��7�I— D O B: '/ e) e.0 Z First Full Middle Maiden/Last RESIDENCE ADDRESS: ‘31-1 EA5 rc R- LA E WA 56122.73 Street City State/Zip RESIDENCE PHONE: 6--M(ri BUSINESS PHONE: 1-kJ L1 " %J,›-IJ BUSINESS NAME: —1\L �'P P CGS BUSINESS ADDRESS: a 14-2 1 t3 MEMO21ft L. c rr r Street City StaterZip . 1. Is the applicant licensed in any other community? Yes No If yes, where: 2. Has the applicant been denied a massage therapist license by any licensing authority? Yes No If yes, describe: S. Each applicant for a massage therapist license shall furnish, with the application, the following: a. A diploma or certificate of p graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. c. A certificate of National Certification for Therapeutic massage and Body Work by the National Certification Board of Therapeutic Massage and Body Work,an affiliate of American Massage Therapy Association. 4. If you have ever used or been known by a name or names other than the true name given above, list such nsme(s) and information concerning dates and places used. tJf. Mc\2A6 ( l\f�l`J>Tl P i.�/ )CCI)U. -.A Front and side view photographs must be provided. 5. Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.) No. &Street City &State Dates 137i E/ 1- 9.... LA06 E/1(4)IJ 1 '&31Z3 11•-$(2I \-0 pia..-:,e_► 1�.. . • 6, Occupation history for preceding five years. (begin with present or most recent.) Occupation Employer or Name of Business 3?...)?") "Beau (lc QUe,-DR.. r1 1V �tt"l c,'"-')I e'? 19 ( L7) to_19 x o Address City/State/Zip Length of Employment ,I t ,� 1 « OF 73V,e.!`$ V lnl{k�12.14t�T�l --�1C..L.� � DC�� I C.LG Occupation Employer or Name of Business 1 Z I D I G&) y 35 1--0 -j 1),eg j t! HA.) 19 e?7 to_19 ?3 • Address City/State/Zip Length of Employment tn�1, 1)-10Ty _ m6k. re- mow y -bobc c' Occupation - S Employer or Name of Business l P 1i1U R, ' -91 fOV\13(ziTO Q `_''ti) 19 P)(1 to_19 �.. Address City/State/Zip Length of Employment • 'Attach additional sheets if necessary 7. Have you ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yea Nos-?L, If yes, give information as to the time, place and offense for which convictions were had: 8. List the names,residences,and business addres$ f.fbree people, (prefer residents cf.T)nkotn enmity) It good moral character, not related to the applicant or financially interested in the premises or business, who may be contacted as to the applicant's character: . Name Z-O —\?....,fZ Phone 2-t4c10 `7U 7 7 Address 1-.5-1 Business Address P417L5 I /00 l- Name f1() A I N 1l 1 d2 _i 1`-N ' Phone 1/66 ° 9 e. 7 Address 13/S- E �S%E/2 L4 A Business Address /110L S 111-l iPD '7 Name JU /}N SA/ ) Ufk Phone 47.36••.-2 94) Address /7531 1�I)0 c7 I f3 K 0.4- -r_e 1 J i 11 e. Business Address 2EFF 6L—z_Ei i)O,)G H kt"V 5 ) qL (,/ Jaf7dL z/0-'L Date: Signature of Applicant • ubs S cribed and w d s rn to sworn before me :�� .. R..Aarl»•;::<Da� ,. ..� this day da of 19, • i::::: :$i':'r'::{':i:•i::::�:ii::�::ii:i:i:::ii:::':••:„i i 'i:{.0 r{:;:.•'::•:::::{;.•'r}C;i`::•:};i{;i:;::v:''S..{:::`:i•;+.:>.;i:,.�ry,:iTF:i.v:•i:}:•i}:::•} �••.•v:.it'':}.:1. ::•:�:: YS;4,:,:.'•{ B sal ( ) ?f>i`•ii.•••;}:•• ' +:'i??::::+'ii•;i�'rii::;i• i:::•?:::••y!}::••�v: .:i::j::i:iti::'r::ji'.: •i:i:: .'i'ii''.:•}i::::::iii:::::,:i:;.;:::;'i:::.i:`::'.•i::'.' Nota ry Public 6.95 Fees: $200 investigation (non-refundable) LLc,W -o/3 City of Eagan $50 license 3e30 Pilot Knob Rd. License Term:July 1-June 30 Eagan, MN 55122 CITY OF EAGAN 611-4600 APPUCATION FOR MASSAGE THERAPIST UCENSE Fax:661-4612 This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a massage there ist license. TRUE NAME:_ i'2I Per f yba---6 DOB:_/_J First F Full Middle Maiden/Last RESIDENCE ADDRESS: LI 57 5 l3 6 , )_I1 • Saraori Y1�(Yin cn Street City State/Zip RESIDENCE PHONE: _ 5358 BUSINESS PHONE: 5 BUSINESS NAME: -r ate 1(o �?l C S BUSINESS ADDRESS: Street City State/Zip 1. Is the applicant licensed in any othe community? Yes No If yes, where: (�'SC,(((nsu �I�1 2. Has the applicant been denied a massage therapist license by any licensing authority? Yes NoiX If yes, describe: 3. Each applicant for a massage therapist license shall furnish, with the application, the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. c. A certificate of National Certification for Therapeutic massage and Body Work by the National Certification Board of Therapeutic Massage and Body Work,an affiliate of American Massage Therapy Association. 4. If you have ever used or been known by a name or names other than the true name given above, list such name(s) and information concerning dates and places used. Front and side view photographs must be provided. 5. Address(es)at which you have lived during preceding five years. (Begin with present or most recent address.) No. 6i eet City State Dates L� 7 )31 5f VC.cle r►n - v 6. Occupation history for preceding five years. (begin with present or most recent.) /rflqp, -ther ; Tram-I-Non 3 Occupation Employer or Name of Business ( r)r cr,cci _ Eve, , i)UrnsI)iI [e 1 53 19. 95 to_19 1-5 • Address City/State/Zip • Length of Employment a . W cuii-re55 J I rn nri q(,) Le.rnnrTre,� Occupation Employe!'or Name of Business sur n � II e,,M 5533+ 19 q 9 to_19 �i5 Address f''ity/State/Zip Length of Employment V G i Trre53 .._3Ulc s( )'c( l-e l m n . 5 5 3 3 I Pf--L Occupation Employer or Name of Business 199C) to_1993 Address City/State/Zip Length of Employment 'Attach additional sheets if necessary 7. Hay ou ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yes No . If yes, give information as to the time, place and offense for which convictions were had: 8. List the names,residences,and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may be contacted as to the applicant's character: Name J E (n K , Phone 299 -51 t 1 Address 1 % ACV): )r--- ,c 1ane� , P) . r� il1 uiM . 5533- Business Address f ( C£) Le G w 1 A f '\G A rY r S • Name J l_.11, ..-eJ Co nine_11 -1 Phone LI c-1 -1 - J Address \I C in r RA re_, 13 u1 nSU 11 l-e% rn n • 555 33-- Business Address Name _,--...J'e in in 1--re c— 7.n cA1-Q``-t")r Cl Phone -1 L-e.0 (-(59 Address L veld".I I C 1 11Y)fl , .65o LI Li Business Address . / , i / i Date: 9/07(..e 9 5 4,,/ five A-,,, .4'' Co ature of <<pliA Subscribed cribed and sworn rn to before me ice. r this '�a of .. aL -,� 19 :',5� y Si-r r' :: .r r. r. le .,r ‘.....:‘ Note blic :;: :: :: <.;:;::: > :::>::::::>:<;:::•::::::::;:�::•::;.>'°:.:;'':`::::::•;:::'•:'.'::::::•�'`.:::`:::': ::.: .O11I1 .:1:01*.!.1)A.t! ``.::::•,:•. •..:r:._:•:::::::::::::;.:;..:_::c..::•:<::.:,rl•::r r✓rte .. _ 1 I` • M f ,1 1 r it � � l .• . ., , ':::si nature<>;.:>::°< :>>::::;:;:.:; i.;;::: ::.::::::<.>::<:>::;:;::.:::>«��>... .. ...... .;..:..:.. l,- •... _ �.i ;,rte..--:ri,~ ::: ?::: .:.'•:'^•.:.:'•• .:::: . . P:._4 •' -; ,,.,' ELIZABETH A.WITT ..z .............. 6.95 'I NOTARY PUBLIC-MINNESOTA ' 1` to• DAKOTA COUNTY l `,M•• My Commission Expires Jan.31,2000 South STATE OF MINNESOTA FOR BOARD USE ELY GAMBLING CONTROL BOARD ANT PAID PREMISES PERMIT RENEWAL APPLICATION CHECK NO. LG214PPR PRINTED:07/12/95 DATE LICENSE NUMBER: D-03292-005 EFFECTIVE DATE: 04/01/94 EXPIRATION DATE: 12/31/95 NAME OF ORGANIZATION: 5uaane Burnsville Dakota Minnesota Valley Roc GAMBLING PREMISES INFORMATION ' NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED Valley Lounge 3385 Sibley Manorial Swy Eagan 55121 COUNTY Dakota IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: I LESSOR INFORMATION • DOES YOUR ORGANIZATION OWN THIS SITE?: No IF NO, LIST THE LESSOR: Janes Tousignant 13465 Pil t Knob Rd Apple Valley MN 55124 NAME OF PROPERTY OWNER (WHEN NOT LESSOR): SQUARE FEET PER MONTH: 40 AMOUNT PAID FOR RENT PER MONTH: 1000 SQUARE FEET PER OCCASION: 0 AMOUNT PAID PER OCCASION: 0 DINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: Mo IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT STORAGE ADDRESS X000 ld Co Rd 34th P1 • Burnsville MN 55337 BANK INFORMATION American Bank of Burnsville 301 W Burnsiille Pkwy urnsville 3W 55337 = GAMBLING BANK ACCOUNT NUMBER: 0034542 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. Dr. Charles Peck, D.V.M. 4145 Pilot Knob Drive; Eagan, MN 55122 President -- Lynae Gieseke 4175 Prairie Ridge Rd. ; Eagan, MN 55123- Board Member (DE SURE TO COMPLETE THE REVERSE SIDE F THIS APPLICATION) "'THIS FORM WILL SE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST .i M ✓ ACKNOWLEDGMENT . ;GAMBLING PREMISES AUTH RIZATION 'I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS F THE COMMISSIONERS, • TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: • I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; • ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; • ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; • I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; • I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; • I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; • ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; • I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. SI OF CH F E VE OFFICER DATE -'-�-- /0- 3-R LOCAL GOVERNMENT ACKNOWLEDGMENT 1. THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. TOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. . 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. 5. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. _ 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* R COUNTY** TOWNSHIP** CITY OR COUNTY NAME I TOWNSHIP NAME Crr y m -E'-GA--4/ SIGNA MIRE !o OF PERSON RECEIVING APPLICATION SIGNATURE OF PERSON RECEIVING APPLICATION e ,, Gds S TITLE DATE RECEIVED I TITLE DATE RECEIVED 404,i/ 45.__57- REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 N COUNTY RD B - SUITE 300 8 ROSEVILLE, MN 55113 4 4 South STATE OF MINNESOTA FOR BOARD USE ONLY GAMBLING CONTROL BOARD ANT PAID PREMISES PERMIT RENEWAL APPLICATION CHECK NO. LG214PPR PRINTED:07/12/95 - DATE LICENSE NUMBER: B-03292-004 EFFECTIVE DATE: 01/01/94 EXPIRATION DATE: 12/31/95 NAME OF RGANIZATION: Humane Burnsville Dakota Minnesota Valley Roc GALLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED LaFonda De Los Lobos 3665 Sibley Memorial Hwy Eagan 55122 COUNTY Dakota IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: T LESSOR INFORMATION DOES YOUR RGANIZATION OWN THIS SITE?: No IF NO, LIST THE LESSOR: Lilts Inc 3665 Sibley Memorial Hwy Eagan MN 55122 NAME OF PROPERTY OWNER (WHEN NOT LESSOR): Otis Trujill SQUARE FEET PER MONTH: 65 AMOUNT PAID FOR RENT PER MONTH: 1000 SQUARE FEET PER OCCASION: 0 AMOUNT PAID PER OCCASION: 0 BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT STORAGE ADDRESS ' 2000 ld Co Rd 34th Pl Burnsville MN 55337 DANK INFORMATION American lank of Burnsville 301 Burnsville Pkwy Burnsville MN 55337 GAMBLING BANK ACCOUNT NUMBER: 0035852 ON THE SINES PROVIDED EELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. Dr. Charles Peck, D.V.M. 4145 Pilot Knob Drive; Eagan, MN 55122 President Lynae Gieseke 4175 Prairie Ridge Rd. ; Eagan, MN 55123- Board Member (BE SURE TO COMPLETE THE REVERSE SIDE F THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST ACKN WLEDGMENT GAMBLING PREMISES AUTHORIZATION - I HEREBY GIVE CONSENT TO LOCAL LAW,ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, ' TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION . THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: • I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; • ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; • • ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; • I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; • • I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; • I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES F THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; • ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; • I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. SIGN F F EIB r7gonacsit DATE LOCAL GOVERNMENT ACKNOWLEDGMENT 1. THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. 5. A COPY OF_THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: - BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* R COUNTY** 'TOWNSHIP** CITY OR COUNTY NAME I TOWNSHIP NAME C1T Y e E'4&A-4/ . SIGN TURE OF PERSON RECEIVING APPLICATION I SIGNATURE OF PERSON RECEIVING APPLICATION /� /o/q/ 1 • TITLE DATE RECEIVED• I TITLE DATE RECEIVED REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 N COUNTY RD B - SUITE 300 S ROSEVILLE, 11/1 55113 • Fees: 00 investigation(non-refundable) ,. ' .. City of Rigor;' �, $2 e ) r Y D $50 license / /2 I 3830 Pilot Knob Rd. License Term:July 1-June 30 Eagan, MN 55122 CITY OF EAGAN es1-460o APPLICATION FOR MASSAGE THERAPIST LICENSE Pax:5111-4412 This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a massage�tthe�rapist license. Q TRUE NAME:t Oki rbhne 11nne, Sell(Lifer Sal t/W OI 1E"l"1 DOB: 'J G :; First Full Middle Maiden/Last RESIDENCE ADDRESS: 01,-6b Ile(0 i 9-. V'/e - I _OL.kl-i I lie r t I\I )j C.'L/Li Street City State/Zip RESIDENCE PHONE: scl -3t ' I BUSINESS PHONE; Le%%LI BUSINESS NAME: L1 fc.hie 11.'t I SS _ BUSINESS ADDRESS: 15 05 ! h i l'ILLS 0.,c11) 4,-.--s- Di-. F-tv C L y • ('vj I\i >"D I -' Street City (, State/Zip - 1. Is the applicant licensed in any other community? Yes No ✓. If yes, where: 2. Has the applicant been denied a massage therapist license by any licensing authority? Yes No " If yes,describe: 3. Each applicant for a massage therapist license shall furnish,with the application, the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association;or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. c. A certificate of National Certification for Therapeutic massage and Body Work by the National Certification Board of Therapeutic Massage and Body Work,an affiliate of American Massage Therapy Association. 4. If you have ever used or been known by a name or names other than the true name given above, list such name(s)and information concerning dates and places used. Front and side view photographs must be provided. 6. Address(es)at which you have lived during preceding five years. (Begin with present or most recent address.) No.&Street City&State Dates pz.39 1 cc(c ' 5( . LL1 i I Ic. r1&N 11-i-( - pi tfsc:•Y, IRt lenncirEuus [i . Bo.4-n6 i I I f\4 J I` r,iz - I I 'i,1 (0j40 13avostyfyyi v.c.) i ' 1 IL1I V !' i" I) - !4 6. Occupation history for preceding five years. (begin with present or most recent.) Occupation `` � Employer or Name of Business �1,ILL iC`I V1V�' . C . JLIY'i L��L•I ( 1c 19 '1 1 to_i19`t) Address City/State/Zip Length of Employment • Occupation Employer or Name of Business •A N Address City/State/Zip 11) Length of Employment ` Occupation Employer or Name of Business Dui(tc h n%tt if _ - E?19 �=�, toq9(1 Address City/State/Zip Length of Employment • Attach additional sheets if necessary 7. Have 79u ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yes No...1Z If yes, give information as to the time,place and offense for which convictions were had: 8. List the names,residences,and business addresses of three people, (prefer residents of Dakota County)of good moral character, not related to the applicant or financially interested in the premises or business, who may be contacted as Ito the applicant's character: () • Name Li Ul(1Ll_. ( k Lt_L k Phone LJ:`:-)L IS )7() Address 1 15 Pi (a-il Vt.t_.A e L� n( ,S�' � .Y ( 5 % & L1 (Business Address - 1 • Name t'L' f^V(- JCLC. ?' ' LA'O Lt, Address_eL' Si .. l j' (6Q,Ic-(- {1 I I t Business Address Name /•t-1,-Y%L• 4CL1 V)rSDY Phone `'1 I Li (. 1: 1 • Address. t �/ �) 1�Li( �� rL �'� e_V( I Business Address MI V 412-1') C - P IJ lel 0-1 nVe L, . " kf 1L)'_ Lt.-?,�.j! • Date: 3i? 2 l L LJ 11.,k'11 C I.. Signature of Applicant Su bscribed and swo rn to before m e 1 ce.� oil.:•:;:.:. :: dates:�>:::�::..:::;::.:.>•:::::.: ;:;:�:` dh � p. ::.>:•:. this th of �' 9 day f .X 1 y P • dijA0 Pri -114 e: J)4,; )a • 1) r Notary Public >: `' ` ,<.�::Cnuncll ActI�IQ..::; nal� DEBRA M.FRANKLIN :... :: ..::..:.:..:..:.. . •°� NOTARY PUBLIC•MINNESOTA ;.. .::.::::: •:: .::...:..:.:: ::::.::':>"..:<;.:!• :..:..<:..::.:::•..:..;.::'...::::::..:. ` ; .• .: : : ":' `MY COMMISSION EX PIR ES a JANUARY 1 UA 3 2000 6.96 • •