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11/16/1993 - City Council Regular AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING NOVEMBER 16, 1993 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) pi II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) HIM 6:40 - INTRODUCTIONS - CIVIL AIR PATROL CADET, ANDRE PAYETTE - CONVENTION & VISITORS BUREAU DIRECTOR, ANN CARLON IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) ��A. PARKS & RECREATION DEPARTMENT 1. Request to Prepare Specifications & Bid Documents, Three Pond Improvement Projects V. 6:55 - CONSENT AGENDA (PINK) / �� A. PERSONNEL ITEMS .,3 B. LICENSES, Plumbers /./srC. LICENSE, Liquor for New Manager of Holiday Inn S D. RENEWALS, Liquor Licenses: Off Sale Liquor, On-Sale Liquor, On-Sale Club, Wine, On- r Sale Beer, and Off-Sale Beer '9.�,,E. PROJECT 666, Receive Feasibility Report/Order Public Hearing (Waterview Addition - Trunk Sanitary Sewer & Watermain Extension) O.� F. CONTRACT 92-F, Acknowledge Completion/Authorize City Maintenance (Wexford Addition - Streets & Utilities) .Z G. CONTRACT 90-B, Acknowledge Completion/Authorize City Maintenance (Wescott Square - /5.;12G. Utilities) /7.013H. CONTRACT 92-D, Acknowledge Completion/Authorize City Maintenance (Autumn Ridge 2nd Addition - Streets & Utilities) /2431. CONTRACT 92-10, Approve Final Payment/Authorize City Maintenance (Weston Hills - Trunk Utilities) /).013J. CONTRACT 93-13, Reject Bids/Cancel Contract Award (Gardenwood Ponds Addition - Utilities) fairKPROJECT 643, Authorize Preparation of Feasibility Report (Oslund Timberline Addition - . Street Reconstruction) p_ 8 L. PROJECT 662, Authorize Preparation of Feasibility Report (Cedar Grove 7th, 8th, 10th / & 11th Additions - Street Reconstruction) ,a gM. PROJECT 665, Authorize Preparation of Feasibility Report (Blackhawk Road - Street r/' Reconstruction) PROJECT 659, Authorize Preparation of Feasibility Report (Dodd Road - Street re24311. Reconstruction) /�.2 90. PROJECT 660, Authorize Preparation of Feasibility Report (Wilderness Run 1st thru 4th V Additions - Street Reconstruction) /0.40.113. PROJECT 661, Authorize Preparation of Feasibility Report (Sibley Terminal Industrial Park - Structural Overlay) 12.30Q. RECOMMENDATION, Economic Development Commission/Economic Development Master Plan, Health Services Target 09.:33)R. RECOMMENDATION, Airport Relations Committee/Runway 4/22 Extension Environmental Impact Statement (EIS) Comments CONSENT AGENDA (continued) .305S. RECOMMENDATION, Airport Relations Committee/1994 Part 150 Sound Insulation Program .if6T. AUTHORIZE Contract, Economic Research Corporation for Land Use Study VI. 7:00 - PUBLIC HEARINGS (SALMON) f.41 A. VACATE Portion of Utility Easement, Lot 13, Block 1, Blackhawk Ponds Addition VII. OLD BUSINESS (ORCHID) p.b3 A. CONSIDER Redesignation of On-Sale Liquor Licenses VIII. NEW BUSINESS (TAN) en A. VARIANCE, John Vogstrom, of 20' to the Required 30' Front Yard Setback, Located on Lot 2, Block 4, Drexel Heights Addition, in the SW 1/4 of Sec 15 i9.1146B. PLANNED DEVELOPMENT AMENDMENT, Safari at Eagan 2nd Addition/Eagan 30.7C Ltd Business) , to allow a health club, movie theater, and restaurant within the Blackhawk Park Planned Development and PRELIMINARY PLAT consisting of three lots on approximately 14.7 previously-zoned CSC/GB (Community Shopping Center/General Business) acres located along the north side of Thomas Center Drive, west of Thomas Lake Drive in the SW 1/4 of Sec 28 .fa gc. CONSIDERATION of Refinancing Aspen Woods & Surrey Garden Apartments IX. ADDITIONAL ITEMS (GOLD) X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) Vii).13' A. CONSIDER Resolution to Support Grant Application to Fund Planning for Construction of a New Wakota Bridge XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 12, 1993 SUBJECT: AGENDA INFORMATION FOR THE NOVEMBER 16, 1993 CITY COUNCIL MEETING ADOPT AGE ADOPT AGENDA/APPEOVE MINUTES After approval is given to the November 16, 1993 City Council agenda, the regular meeting minutes for the November 2, 1993 City Council meeting and special meeting minutes for the October 12, 1993 and October 19, 1993 meetings, the following items are in order for consideration. INTRODUCTIONS Item 1. Introduction of Civil Air Patrol Cadet, Andre Payette--Andre Payette, an Eagan High School senior, is the only Eagan member of the Civil Air Patrol Squadron that will be competing in a national cadet competition at Maxwell Air Force Base in Alabama, December 28-29. The squadron, representing Minnesota, is made up of members of different squadrons throughout the State and it is the first time in nineteen years that Minnesota is being represented in the competition. Some of the areas of competition will be: precision drill, athletics, team work, uniform inspection, knowledge testing and a panel quiz team. Mr. Payette will be present at the City Council meeting and he can probably tell the City Council a little about himself and his participation in the Civil Air Patrol. Item 2. Introduction - Convention & Visitors Bureau Director, Ann Carlon--The Eagan Convention& Visitors Bureau Advisory Board has hired Ann Carlon as its first Convention & Visitors Bureau Director. Ms. Carlon will be present at the Eagan City Council meeting to be introduced to the Council. She most recently worked as the Director of Public Relations for the Duluth Convention & Visitors Bureau. She was also responsible for tourism marketing and communications, event marketing and promotion, media and government relations,travel writing, tours,and publication of editorials. She will have many of the same responsibilities with her new position with the Eagan Convention & Visitors Bureau. Agenda Information Memo November 16, 1993 City Council Meeting DEPARTMENTIMWSUSINESS A. PARKS & RECREATION DEPARTMENT Item 1. Request to Prepare Specifications & Bid Documents, Three Pond Improvement Projects--In official action at its November 4 meeting, the Advisory Parks, Recreation & Natural Resources Commission reviewed a request to proceed with preparation of specifications and bid documents for three pond improvement projects. The Commission is recommending that the City Council approve this request. The purpose of the improvement projects will be to reduce pollutant loadings to three recreational water bodies identified in the City Water Quality Management Plan. The benefitted water bodies would be Schwanz Lake, Bald Lake and Bur Oak Pond. Enclosed on pages, through /b is a copy of a memo from Water Resources Coordinator Brasch regarding the improvement projects and a copy of the staff report as presented to the Advisory Parks, Recreation and Natural Resources Commission. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny proceeding with the preparation of specifications and bid documents for improvements to Ponds LP-32.1, 20.1, and GP-1.1. TO: TOM HEDGES, CITY ADMINISTRATOR KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: REQUEST TO PROCEED WITH PREPARATION OF SPECIFICATIONS AND BID DOCUMENTS FOR THREE POND IMPROVEMENT PROJECTS DATE: NOVEMBER 7, 1993 Background Staff is requesting approval to proceed with three pond improvement projects that will reduce pollutant loadings to three recreational water bodies identified in the City water quality management plan. The benefitted water bodies would be Schwanz Lake (designated as Class I Direct Contact Recreation water body) , Bald Lake (Class II Indirect Contact Recreation) , and Bur Oak Pond (Class II Indirect Contact Recreation) . The estimated total cost for these three projects is between $70,000-$100,000 and would be financed by the storm water utility's expansion modification budget and developer cash dedications. If the Council approves this request, staff intend to conclude meetings with residents during the week of November 15, approach the Council in early December for approval to advertise for bids, and request award of the contract to do the work at the December 21 Council meeting. The actual construction work would be completed in January and February, 1994 and site restoration would conclude during the spring or early summer. At their November 4 meeting, the Advisory Parks, Recreation, and Natural Resources Commission meeting reviewed the projects. A copy of the staff report submitted for the Commission's review is attached. As a result of it's review, the Commission voted to recommend that the Council approve the requested action. Requested Council Action. Staff requests Council approval to proceed with preparation of specifications and bid documents for improvements to Ponds LP-32.1, 20.1, and GP-1.1. /* -k Rich Brasch Water Resources Coordinator 3 TO: ADVISORY PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION FROM: RICH BRASCH WATER RESOURCES COORDINATOR RE: PROPOSED WATER QUALITY POND IMPROVEMENT PROJECTS FOR WINTER OF 1993-94 DATE: OCTOBER 29, 1993 Introduction Water resources management staff have proposed several pond modification projects for the upcoming 1993-94 winter that will help provide additional protection of water quality in 3 of the City's highest priority recreational-class lakes and ponds. Preliminary plans for the proposed projects have been developed and are attached for the Commission's review. A brief description of these projects follows. Proposed Project 1- Deepening of Pond LP-32 . 1 This pond is located in the Schwanz Lake watershed in southeast Eagan (Map 1) . It is located at the back of six developed residential lots adjacent to Roger's Court and Valley Forge Place. In it's current state, the pond is completely grown over with cattails and has very little wet volume. It receives storm sewer discharge from about 22 acres of single family residential and discharges this water directly to Schwanz Lake. The pond would be deepened to provide more wet pond volume under the current proposal (Figure 1) . Increasing the wet volume of this pond has been identified in the Schwanz Lake Water Quality Improvement Project report (October, 1992) as among the most important watershed improvements to make to reduce loading of phosphorus to Schwanz Lake. Schwanz Lake is one of six lakes in the City designated as Class I waters and has severely degraded water quality in its present state. Staff met with the neighbors surrounding the pond in October, 1992 and discussed the proposal with them. While several concerns were raised during the discussion, all of the residents expressed their tentative support for the proposed pond modification. As Commission members are aware, the City has submitted for a second time a request for grant funding to implement the Schwanz Lake Water Quality Improvement Project. The grant would fund up to 50% of all costs of the project elements, and the modification of Pond LP-32 . 1 is one of the grant-eligible project elements. Staff will know by mid-January 1994 whether the Schwanz Lake proposal will be recommended for grant funding. 1 To preserve the option of using grant funds to finance this project, staff propose to structure the bid document dealing with Pond LP-32 . 1 improvements so that the City can withdraw the construction component of the project from the contract and include it under the grant. Under this scenario, the project would be carried out next winter. If the City is unsuccessful in it's attempt to obtain the grant, the pond improvement project could proceed under this winter's contract. Project 2- Expansion of Pond JP-20. 1 This pond is located on City-owned park property just north of Northview Road in the Bald Lake watershed (Map 1) . The present pond is approximately .3 acres in area with little wet pond volume, and it receives runoff from over 45 acres of streets, athletic fields, and residential neighborhoods. Modeling shows that under present conditions, almost 75% of the phosphorus loading reaching Bald Lake through the storm drainage system enters from this sewer branch. Bald Lake is one of 17 Class II indirect contact recreation lakes in the City. Monitoring in 1992 showed that the lake did not meet the City's water quality criteria for lakes in this classification. The project proposal involves creation of a two-cell treatment pond (Figure 2) . The existing pond would be deepened and expanded in length and width. An assessment of the woodland resource is currently being conducted to make sure that impacts on this natural resource are minimized. In addition, at least some of the excess material generated by the pond re-configuration would be used to create an acceptable grade for a trail corridor near Northview Road toward the south end of the construction area. Six residences lie east of the project area and adjacent to the City-owned park property on which the work would take place. Staff intend to meet with these residents to discuss the proposal at the appropriate time. Proposed Project 3 - Excavation and Re-configuration of Pond GP- This pond is located just north of Rolling Hills Drive in Burr Oak Park (Map 1) and is the southern most detention cell in the treatment pond network designed to provide water quality protection to Burr Oak Pond. Bur Oak Pond, located in Bur Oak Park, is designated as one of 17 Class II indirect contact recreation lakes in the City. Based on 1992 in-lake monitoring data, the lake met standards set for a Class II water body. However, a considerable amount of additional development has taken place in the direct drainage of this pond system in the last year, so the pond improvements proposed are largely preventative in nature. The proposed work would increase the wet pond volume and average 2 S depth of the southern-most detention basin (Figure 3) , which currently averages about 1.5 feet in depth. This cell receives stormwater discharge from indirect and direct drainages totaling almost 1, 000 acres of single family residential, industrial, and open land. In addition, the dike separating this cell from the next one to the north would be re-configured to maximize the use of existing wet volume and provide additional treatment for discharge from direct drainage areas. It is important to note that the current proposal calls for the excavated material to be wasted on park property adjacent to the pond. The guidelines that have been developed so far are to keep the maximum depth of fill to 3 feet or less. The fill would then be covered with top soil and re- vegetated. Approximately 20 residences border on that portion of the park within which the work would take place. Staff intend to meet with these residents to discuss the proposal at the appropriate time. Future Action If the Commission approves of the proposed projects, staff will approach the City Council at their November 16 meeting to obtain authorization to proceed with the development of plans and bid documents and securing the necessary permits. Meetings with residents would be scheduled for later that week. Advertisement for bids would take place in early December and the bid award made at the last Council meeting in December. The work would be conducted in January and February, 1994 . Requested Commission Action Staff requests that the Commission take the following actions: 1. Provide comments on the proposed projects. 2 . If appropriate, recommend that the City Council approve a motion to proceed with development of the plans and bid documents for the proposed projects. //&JL• Rich Brasch Water Resources Coordinator 3 1■111■•■■, Man I ....--•.... 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IA I 11 . . ..„.....„....... • 1 1 1 1.,_ ••... •••.............t.,. . .. , 1 ..„...... .••••, ,_. • /...4. --r----i I. 1. ! - ..- -,--• :.. 4-.(;:::::'' ' . ....1;,-:,:0 .,, 1 1_ • ' ''; , ,�, r t it i• 1 .asr°.w w.w P.MB loco WWI r EAGAN, MINNESOTA NAN eonmetreo •Anon••• "e• ,e°°.;�. �' 1993/94 POND MA NTENANCE Boson YIN”S O m n•^N v tee,. a ow 'pp GP-1 AnWr111c 4 .wao r W Associate. •,_ . ___ ��.4 r •.1 W. e,Y -_s ea•s1010• s w er .w• NG/14W4r1011 0 Agenda Information Memo November 16, 1993 City Council Meeting There are twenty (20) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Part-Time Account Clerk III--This is a new position as approved in the 1993 budget. Approximately 60 applications were received for this position. After review of the applications, approximately 20 candidates were invited to the Eagan Municipal Center for a written test. Following that test, interviews are being scheduled for Monday, November 15, 1993, for eight candidates. The interview panel will consist of Director of Finance VanOverbeke, Assistant Finance Director Pepper and Assistant to the City Administrator Duffy. It is expected that a name to be recommended for hire will be presented to the City Council at the City Council meeting on November 16, 1993. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of the person recommended by the Director of Finance, etc., as a part-time Account Clerk III in the Finance Department. Item 2. Resignation/Assistant Utility Billing Clerk--The City has received a notice of resignation from the current Assistant Utility Billing Clerk Tracy Patrick. It would be appropriate at this time for the Council to accept the resignation. The position has been reviewed by the Director of Finance and City Administrator and it is their recommendation that a replacement be hired as quickly as possible. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Tracy Patrick as Assistant Utility Billing Clerk and to approve advertising for a replacement. /1 Agenda Information Memo November 16, 1993 City Council Meeting Item 3. 1994 Health Insurance Coverage--The City recently sent out requests for proposal for health insurance coverage for City employees for 1994. RFP's were sent to seventeen insurance companies, proposals were received from eight of these companies. The City's insurance consultant reviewed the proposals in conjunction with Assistant to the City Administrator Duffy. A 33-page report was presented to the City's insurance committee. This committee is composed of a cross-section of employees. The committee has been studying the insurance situation for the last two years. After receiving the report from the consultant, it was the recommendation of the committee to the City Council Personnel Committee that the City's current three plans be replaced by a dual choice option consisting of Medica Choice and Health Partners (Group Health and MedCenters combined). The committee also recommended that the family premium rates be blended which would mean that all employees choosing family coverage would contribute the same amount toward the premium no matter which plan was chosen. Through this method, employees would be able to choose a health insurance plan for the doctors and benefits which the plan offered and not because of cost to the employee. It is hoped that this will discourage adverse selection toward any plan in the future. The committee also recommended the option wherein office co-payments of $10 would be required for all office visits. When the insurance committee members explained the programs to members of their bargaining units and departments, there was concern expressed by many employees concerning the office co-payments, particularly for persons enrolled in single coverage, persons with chronic health conditions which required frequent visits to a physician and also by persons with large families. The Personnel Committee of the City Council met with the City's insurance consultant, City Administrator Hedges and Assistant to the City Administrator Duffy on Monday, November 8, 1993. After reviewing all the proposals and information provided, it is the recommendation of the Personnel Committee to the City Council as a whole that the City Council approve the dual choice option as recommended by the insurance committee under a blended rate for family coverage with no office co-payments. Enclosed without page number is copy of an Executive Summary and a bound document containing detailed information regarding the proposal responses which were prepared by Jeff Azen, the City's insurance consultant, for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the dual choice option (Medica and Health Partners) with blended family rates for insurance coverage for employees at the City of Eagan for 1994. /2 Agenda Information Memo November 16, 1993 City Council Meeting PLUMBERS' LICENSES B. Licenses, Plumbers--The City Code requires that all plumbing contractors operating within the City of Eagan be licensed on at least an annual basis. Enclosed on page /`f is a list of those contractors whose applications are in order for consideration at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. /2 PLUMBER LICENSES FOR APPROVAL - YEAR 1993 1. A.C. DOYLE PLUMBING & HEATING 2. EGAN & SONS CO. 3. KRAMER MECHANICAL 4. PIONEER POWER INC. 5. RITE-WAY PLUMBING, INC. For November 16, 1993 City Council meeting Agenda Information Memo November 16, 1993 City Council Meeting LIQUOR LICENSE/HOLIDAY INN C. License, Liquor for New Manager of Holiday Inn--The Holiday Inn in the City of Eagan located at 2700 Pilot Knob Road has hired a new manager, Joan Kennedy. According to the City Code, it is necessary that the City Council approve the Holiday Inn on-sale liquor license in her name. The Police Department has reviewed this application and finds no reason to deny it. Enclosed without page number for the Council's information is a copy of the application and of the Police Department report regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Holiday Inn on-sale liquor license under the name of Joan Kennedy, manager. 1994 LIQUOR LICENSE RENEWALS D. Renewals,Liquor Licenses: Off-Sale Liquor, On-Sale Liquor, On-Sale Club,Wine, On- Sale Beer, and Off-Sale Beer--It is appropriate at this time for the City Council to consider ty 1994 liquor license renewals. Enclosed on pages/6 through a[are lists of proposed 1994 off-sale liquor licenses, on-sale liquor licenses, club on-sale licenses, wine licenses, off-sale beer licenses, and on-sale beer licenses. The renewal forms for these licenses are being completed and returned to the City. The Police Department has not yet had an opportunity to review the renewal applications. Therefore, the 1994 liquor license renewals should be approved conditioned upon favorable review by the Eagan Police Department. If there are any questions raised by the police investigation, the individual applications will be brought back to the City Council for action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1994 liquor license renewals conditioned upon favorable review by the Eagan Police Department. 1994 Renewals OFF-SALE LIQUOR Lic.# 1 Applebaum Companies, Inc. dba Big Top Wines & Spirits Mike Buckman, Mgr. 3900 Beau D'Rue Dr. Eagan, MN 55122 3 Perrier & Associates, Inc. dba Great Northern Spirits David Perrier, Owner 1960 Cliff Lake Rd. #101 Eagan, MN 55122 2 Kenny's Enterprises, Inc. dba Kenny's Liquor John Mattson, Mgr. 1444 Yankee Doodle Rd. Eagan, MN 55122 6 Liquor Shoppe, Inc. of Eagan dba Liquor Shoppe of Eagan Greg Ward, Owner 4250 Lexington Ave. So. Eagan, MN 55122 4 Spirits of Eagan, Inc. dba MGM Warehouse John Teslaw, Partner 4182 Pilot Knob Rd. Eagan, MN 55122 5 Sidco, Inc. dba Big Top Wines & Spirits Tim Martin, Mgr. 1282 Town Centre Dr. Eagan, MN 55123 /6 1994 RENEWALS ON-SALE LIQUOR Lic. # 9 Al Bakers 13 Eagan Airport Hotel Assoc. Al Baker Holiday Inn 3434 Washington Dr. Joan Kennedy, Mgr. Eagan, MN 55122 2700 Pilot Knob Rd. 454-9000 Eagan, MN 55121 454-3434 6 Apple America Ltd. Ptnshp. Applebee's Neighborhood 7 Cuz, Inc. Bar & Grill LaFonda de los lobos Lisa Herboldt, Manager Otis Trujillo, Owner 1335 Town Centre Dr. 3665 Sibley Memorial Hwy. Eagan, MN 55123 Eagan, MN 55122 686-7022 452-0334 8 Cedarvale Bowl, Inc. 10 Mediterranean Cruise Cedarvale Lanes/Fitz 's Bar & Grill Hussein Ansari, Owner Michael Henke, Mgr. 3945 Sibley Memorial Hwy. 3883 Beau D'Rue Dr. Eagan, MN 55122 Eagan, MN 55122 452-5991 452-7520 2 West Jersey Associates, Inc. 3 Casper's Cherokee Sirloin Richards Room, Eagan, Inc. Joyce Slattery, Owner Cherokee Sirloin Room 4185 So. Robert Tr. Richard Casper, Owner Eagan, MN 55123 4625 Nicols Rd. 452-3061 Eagan, MN 55122 454-6744 15 Hall & Convention Center Royal Cliff 11 Chili's of Minnesota, Inc. Brian Mangine, Owner Chili's Southwest Bar & Grill 2280 Cliff Rd. Phil Coursin, Mgr. Eagan, MN 55122 3625 Pilot Knob Rd. 895-1174 Eagan, MN 55122 686-5152 4 Starks I, Inc. Starks Saloon 14 Cliff Corporation Gary Stark, Owner J. Doolittles 3125 Dodd Rd. Lynn Reimer, owner Eagan, MN 55121 2140 Cliff Rd. 454-8251 Eagan, MN 55122 452-6627 5 Latt, Inc. Valley Lounge 12 Dougherty's James Tousignant, Owner Robert Dougherty, owner 3385 Sibley Memorial Hwy. 1312 Town Center Dr. Eagan, MN 55122 Eagan, MN 55123 454-2760 681-1570 / 7 1994 Renewal CLUB ON-SALE 1C Spur, Inc. Lost Spur Country Club Hucky Beyer, Mgr. 2750 Sibley Memorial Hwy. Eagan, MN 55121 454-2330 /gf 1993 RENEWALS WINE LICENSES Lic. # 13 Chungs, Inc. 1 Diamond T Ranch, Inc. dba Anna Chungs Restaurant dba Diamond T Ranch 1960 Cliff Lake Rd. Suite 116 4889 Pilot Knob Rd. Eagan, MN 55122 Eagan, MN 55122 454-8543 454-1464 14 Apples Plus, Inc. 16 Chung Wong, Inc. dba Apples dba Hong Wong Restaurant Pat Boland, Owner 2139 Cliff Rd. 1260 Town Centre Dr. Eagan, MN 55122 Eagan, MN 55123 452-0086 683-9195 5 FHF, Inc. 3 Fratelli Tre, Inc. dba Hunan Garden dba Carbone's Pizzeria 1304 Town Centre Dr. 1665 Yankee Doodle Rd. Eagan, MN 55123 Eagan, MN 55122 452-0905 452-6000 19 Davanni's Inc. 2 James A. Basta Davanni's Pizza & Hot Hoagies dba Italian Pie Shoppe/Winery 1980 Cliff Lake Rd. 1438 Yankee Doodle Rd. Eagan, MN 55122 Eagan, MN 55122 688-6111 452-4525 7 Village House II, Inc. Que Viet Tony Bui, Owner 1272 Town Centre Dr. Eagan, MN 55123 452-5618 1994 RENEWALS OFF-SALE BEER Lic. # 17 Gateway Foods, Inc. 5 Birch Bru, Inc. dba Brooks Superette #43 dba Superamerica #4049 3390 Coachman Rd. Diffley Rd. & Hwy. 13 Eagan, MN 55121 Eagan, MN 55122 688-2001 6 Superamerica #4182 20 Super Valu Stores, Inc. 1406 Yankee Doodle Rd. dba CUB Eagan, MN 55122 1940 Cliff Lake Rd. 452-9853 Eagan, MN 55122 454-4606 16 Superamerica #4335 1379 Town Centre Dr. 21 Crown Coco, Inc. Eagan, MN 55123 dba Eagan E-Z Stop 688-2870 4195 Nicols Rd. Eagan, MN 55122 13 Tom Thumb Food Market 452-9309 dba Tom Thumb #259 2125 Cliff Rd. 19 Holiday Stationstore, Inc. Eagan, MN 55122 dba Holiday Stationstore #232 454-4868 4595 Nicols Rd. Eagan, MN 55122 18 Tom Thumb #273 4130 Blackhawk Rd. 22 Holiday Stationstore #247 Eagan, MN 55122 3615 Pilot Knob Rd. 688-8614 Eagan, MN 55122 683-9936 11 Tom Thumb #166 1446 Yankee Doodle Rd. 8 PDQ Food Stores of MN, Inc. Eagan, MN 55122 dba PDQ #287 452-4874 1969 Silver Bell Rd. Eagan, MN 55122 15 Total Petroleum 2000 Rahncliff 9 PDQ #214 Eagan, MN 55122 4198 Pilot Knob Rd. 452-1632 Eagan, MN 55122 452-5846 14 Gateway Foods, Inc. dba Rainbow Foods #15 1276 Town Centre Dr. Eagan, MN 55123 452-9506 c2D 1994 RENEWALS *Also has wine license ON-SALE BEER **Also has strong beer license Lic. # 13 Chungs, Inc.* 17 Eagan Steak House 20 Q Burger dba Anna Chungs 1448 Yankee Doodle Rd. Nancy Rieser, Owner 1960 Cliff Lake Rd. #116 Eagan, MN 55122 1428 Yankee Doodle Rd. Eagan, MN 55122 452-2475 Eagan, MN 55122 454-8543 452-1473 16 Chung Wong, Inc.* 14 Apples Plus, Inc.** dba Hong Wong Restaurant 7 Village House II* dba Apples Restaurant 2139 Cliff Rd. Que Viet 1260 Town Centre Dr. Eagan, MN 55122 1272 Town Centre Eagan, MN 55123 452-0086 Eagan, MN 55123 683-9145 452-5618 5 FHF, Inc.* 6 John Odeen dba Hunan Garden 2 West End Hunting Club dba Broadway Pizza 1304 Town Centre Dr. Mark Steinhoff 3902 Beau D'Rue Dr. Eagan, MN 55123 535 Gun Club Rd. Eagan,MN 55122 452-0905 Rosemount, MN 55068 452-5044 423-2429 15 James A. Basta** 4 Fratelli Tre, Inc.** dba Italian Pie Shoppe/Winery dba Carbon's Pizzeria 1438 Yankee Doodle Rd. 1665 Yankee Doodle Rd. Eagan, MN 55122 Eagan, MN 55122 452-4525 452-6000 3 Parkview Golf Club 9 Carriage Hills Country Club Don Larsen, Owner William Smith, Owner 1310 Cliff Rd. 3535 Wescott Hills Dr. Eagan,MN 55123 Eagan, MN 55123 452-5098 452-7211 11 Piccolo's 19 Davanni's, Inc.** Patricia Boudreau dba Davanni's Pizza/Hot Hoagies 4162 Pilot Knob Rd. 1980 Cliff Lake Rd. Eagan, MN 55122 Eagan, MN 55122 454-1212 688-6111 1 Diamond T. Ranch Inc.* 12 Pizza Hut of America, Inc. dba Diamond T Ranch dba Pizza Hut #401025 4889 Pilot Knob Rd. 2130 Cliff Rd. Eagan,MN 55122 Eagan, MN 55122 454-1464 452-8088 10 Dragon Palace Restaurant 24 Pizza Hut of America, Inc. Lee Fo Len, Owner dba Pizza Hut #401023 1466 Yankee Doodle Rd. 1325 Town Centre Dr. Eagan, MN 55122 Eagan, MN 55123 454-4493 688-2665 ai Agenda Information Memo November 16, 1993, City Council Meeting RECEIVE FEASIBILITY REPT/ORDER PUBLIC HEARING E. Project 666,Receive Feasibility Report/Order Public Hearing(Waterview Addition- Trunk Sanitary Sewer&Watermain Extension)--On October 19, the City Council received a petition from the developer of the proposed Waterview Addition and authorized the preparation of a feasibility report for the extension of trunk utilities to this subdivision located south of Fitz Lake between Dodd Road and TH 3. This report has now been completed and is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss these proposed improvements. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 666 (Waterview Addition - Trunk Sanitary Sewer & Watermain Extension) and schedule a public hearing to be held on December 21, 1993. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE F. Contract 92-F,Acknowledge Completion/Authorize City Maintenance(Wexford Addition - Streets & Utilities)--The City has received a request from the developer to formally acknowledge the satisfactory completion of the public streets and utilities that were installed privately under the terms and conditions of the development agreement for the Wexford Addition,a single-family residential development located in the southwest corner of Thomas Lake Road and Diffley Road. Upon final review and inspections by City authorized representatives,it has been determined that these improvements comply with the authorized plans and specifications and that they are in order for favorable Council action of formal acknowledgement of completion and authorization to turn over to the City for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 92-F (Wexford Addition - Streets & Utilities) and authorize perpetual City maintenance subject to appropriate warranty provisions. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE G. Contract 90-B,Acknowledge Completion/Authorize City Maintenance (Wescott Square Addition - Utilities)--The City has received a request from the developer to formally acknowledge the satisfactory completion of the public utilities that were installed privately under the terms and conditions of the development agreement for the Wescott Square Addition,a townhouse development located in the southeast corner of Yankee Doodle Road and Ivy Lane. Upon final review and inspections by City authorized representatives, it has been determined that these improvements comply with the authorized plans and specifications and that they are in order for favorable Council action of formal acknowledgement of completion and authorization to turn over to the City for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 90-B (Wescott Square Addition - Utilities) and authorize perpetual City maintenance subject to appropriate warm wrovisions. Agenda Information Memo November 16, 1993, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE H. Contract 92-D, Acknowledge Completion/Authorize City Maintenance (Autumn Ridge 2nd Addition - Streets & Utilities)--The City has received a request from the developer to formally acknowledge the satisfactory completion of the public streets and utilities that were installed privately under the terms and conditions of the development agreement for the Autumn Ridge 2nd Addition, a single-family residential development located east of Dodd Road south of Pinewood Elementary School. Upon final review and inspections by City authorized representatives,it has been determined that these improvements comply with the authorized plans and specifications and that they are in order for favorable Council action of formal acknowledgement of completion and authorization to turn over to the City for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 92-D (Autumn Ridge 2nd Addition - Streets & Utilities) and authorize perpetual City maintenance subject to appropriate warranty provisions. APPROVE FINAL PAYMENT/AUTHORIZE CITY MAINTENANCE I. Contract 92-10,Approve Final Payment/Authorize City Maintenance (Weston Hills- Trunk Utilities)--The City has received a request for final payment from the contractor for the installation of trunk utilities to service Weston Hills, a single-family residential development located southeast of Cliff Road and TH 3. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 4th and final payment for Contract 92-10 (Weston Hills -Trunk Utilities) in the amount of$16,128.78 to S.J. Louis Construction Company and authorize perpetual City maintenance subject to appropriate warranty provisions. REJECT BIDS/CANCEL CONTRACT AWARD (GARDENWOOD PONDS ADDN) J. Contract 93-13,Reject Bids/Cancel Contract Award (Gardenwood Ponds Addition - Utilities)--On October 1, formal bids were received for the installation of public utilities under the above-referenced contract and forwarded to the City Council for consideration of contract award at the regular meeting on October 5. However,because the final plat was not ready for Council approval which would have conveyed the public right-of-way necessary for the installation of these improvements, the bids were received but consideration of contract award was continued indefinitely. Due to the developer's inability to follow-through with the final plat process at the present time, the City must now reject the bids and cancel consideration of contract award due to the limitation of having the contractor guarantee his bids for 45 days from bid opening. ACTION TO BE CONSIDERED ON THIS ITEM: To reject the bids and cancel Contract 93-13 (Gardenwood Ponds Addition - Utilities). c,93 SPECIAL NOTE_ 1994 STREET RECONSTRUCTION PROGRAM Items K-P deal with initiating a process to consider reconstructing several local streets and a County road during 1994. Because they affect close to 900 properties, the staff is proposing to implement a more detailed process than the typical public improvement. Enclosed on pages 7s through is a memo from the Director of Public Works explaining the purpose of these projec and their related process. If the Council would like to pull one or all of these improvements from the Consent Agenda to allow the Public Works Director to provide additional explanation, this can easily be accommodated if the City Administrator is informed in advance so that proper preparation and display boards can be made available. 02y MEMO —city of eagan TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: NOVEMBER 10, 1993 SUBJECT: FIVE-YEAR CIP - STREET RECONSTRUCTION/RENOVATION 1994 PROGRAM (PROJECTS #643, 646, 662, 665, 659, 660 AND 661) Background In the fall of 1990, the Public Works Department prepared the first 5-Year Capital Improvement Program (91-95)which incorporated the local street reconstruction element. This 5-Year CIP has been annually reviewed and updated to reflect those projects that have been completed and re-prioritizing others based on updates to the City's Pavement Management System which rates the condition of our streets on a regular basis. In addition, the Public Works Department's professional maintenance and engineering personnel review the program in relationship to projected maintenance needs and transportation growth trends. As a result of this process, approximately 13 miles of local streets and County roads have been identified for the 1994 reconstruction program. These improvements have been separated into 8 separate projects with the schedule that would allow them to be completed during the 1994 construction season as shown by the attached table. Process As with any public improvement, a preliminary feasibility report will be prepared identifying the scope of the improvements, defining the project area and identifying the properties that will either be affected by construction or special assessments. Once this draft report has been completed, the Public Works staff intends to hold an informational neighborhood meeting to explain the 5-Year Capital Improvement Program and why their street is being considered for the 1994 construction season. Based on comments received from this informational neighborhood meeting, the draft feasibility report will be revised accordingly and then presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss the merits and benefits of this project with well informed affected property owners. Page Two November 10, 1993 Once the public hearing process has been completed and the project approved by Council action, professional appraisers retained by the City of Eagan will then contact representative sample properties within the project area to perform a detailed pre and post improvement analysis of the properties to determine the increase in value associated with the proposed project. Depending upon the complexity and size of any specific project, this appraisal process would take approximately 4-8 weeks. The results of these appraisals would then be presented to the City Council prior to awarding a contract thereby allowing the Council to determine if there is sufficient benefit/revenue available to supplement the City's participation allowing the project to proceed. If it is determined financially feasible, the City Council can then award the contract for construction and revise the pending assessment roll to reflect the appraisal results. After reviewing the process with the City Attorney's office, it was determined to be most beneficial to have the appraisals performed after a specific project had been approved by Council action rather than having appraisers contacting property owners prior to the City's ability to meet with them both informally at a neighborhood meeting or presenting the project at a public hearing. Recommendation, The Public Works Department recommends that the City Council authorize the preparation of these feasibility reports and special benefit appraisal analyses and direct staff to proceed with conducting an informational neighborhood meeting to introduce the project, the City's Special Assessment Policy and appraisal process to the affected property owners and to proceed with the public hearing process schedule as outlined by the attached table. I will be happy to provide additional background information regarding each of these projects specifically or the current 5-Year CIP in general to whatever degree the Council may desire. Respectfully submitted, Thomas A. Colbert cc: Mike Foertsch, Asst. City Engineer Arnie Erhart, Superintendent of Streets/Equipment Wayne Schwanz, Superintendent of Utilities TAC/je g O 0. an n o o w n m v c a 1 ^ 03 44 G 8 v y CI w 8 0 p. i pp.. o $ i v Q: r v i s j w ° ° �o N i �o P • • M W T N ti ii la S i r N m -1 • i • n C to O O v S H VI VI .0 V ... N N 0. w pp . Z N m n N x H i O NNN T H T a Iry oo a o o § P o A U N y V r N w Z 1 8 i 8 Z • OA i y r i _ m 8m N + + ... ... ~ i \ -. \ j N m N N V1 V1 + co -. \i C m • • N • O O N .- g g n < g < g • g < g g -1 V x v x V s y " " -- v v S m -4 0 •- : :3 ® : a g C s C s 1 e 2 : p : C i i: w w . . w w. . o .. mo . :. .. .. .. ., : 0 :• A v IT i i m m H Z \ N -1 N w \ N \ co N + Al CO T v 0 t N — N \ \ \ \ _` Lj O P j CO 0 0 N IA 0 0 F V1 ' w N \ \ \ \ \ \4.VI N V1 V1 — N 0 i 1 n IV 0 r \ l • < \a \.. "N S \VI VI ■ r ■ .o -t 4. S S V n N .p ti N V N - O .. V 00 t N H i S T m m 8 TA . _ 8 _ e C .4 t N .app \ O t0 \ - \ O N 04 V� 0 0. P 0 00 O r a47 Agenda Information Memo November 16, 1993, City Council Meeting AUTHORIZE FEASIBILITY REPORT (OSLUND-TIMBERLINE ADDN) K. Project 643, Authorize Feasibility Report (Oslund-Timberline Addition - Street Reconstruction)--In accordance with the City's approved 5-Year CIP,City staff is requesting authorization to prepare a detailed feasibility report for the proposed reconstruction of existing streets within the Oslund-Timberline Addition. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the preparation of a feasibility report for Project 643 (Oslund-Timberline Addition- Street Reconstruction) and also the property appraisal process and direct staff to hold informational neighborhood meetings for the affected property owners prior to the formal public hearing. AUTHORIZE FEASIBILITY REPORT (CEDAR GROVE 7, 8, 10 & 11TH ADDNS) L. Project 662, Authorize Feasibility Report (Cedar Grove 7, 8, 10 & 11th Additions - Street Reconstruction)--In accordance with the City's approved 5-Year CIP, City staff is requesting authorization to prepare a detailed feasibility report for the proposed reconstruction of existing streets within the Cedar Grove 7, 8, 10 & 11th Additions. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the preparation of a feasibility report for Project 662 (Cedar Grove 7, 8, 10 & 11th Additions - Street Reconstruction) and also the property appraisal process and direct staff to hold informational neighborhood meetings for the affected property owners prior to the formal public hearing. AUTHORIZE FEASIBILITY REPORT (BLACKHAWK ROAD) M. Project 665,Authorize Feasibility Report(Blackhawk Road-Street Reconstruction)-- In accordance with the City's approved 5-Year CIP, City staff is requesting authorization to prepare a detailed feasibility report for the proposed reconstruction of Blackhawk Road. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the preparation of a feasibility report for Project 665 (Blackhawk Road - Street Reconstruction) and also the property appraisal process and direct staff to hold informational neighborhood meetings for the affected property owners prior to the formal public hearing. ,2S Agenda Information Memo November 16, 1993, City Council Meeting AUTHORIZE FEASIBILITY REPORT (DODD ROAD) N. Project 659, Authorize Feasibility Report (Dodd Road - Street Reconstruction)--In accordance with the City's approved 5-Year CIP, City staff is requesting authorization to prepare a detailed feasibility report for the proposed reconstruction of Dodd Road. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the preparation of a feasibility report for Project 659(Dodd Road-Street Reconstruction) and also the property appraisal process and direct staff to hold informational neighborhood meetings for the affected property owners prior to the formal public hearing. AUTHORIZE FEASIBILITY REPORT (WILDERNESS RUN 1 - 4 ADDNS) O. Project 660, Authorize Feasibility Report (Wilderness Run 1 - 4 Additions - Street Reconstruction)--In accordance with the City's approved 5-Year CIP,City staff is requesting authorization to prepare a detailed feasibility report for the proposed reconstruction of existing streets within the Wilderness Run 1 - 4 Additions. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the preparation of a feasibility report for Project 660 (Wilderness Run 1 - 4 Additions - Street Reconstruction) and also the property appraisal process and direct staff to hold informational neighborhood meetings for the affected property owners prior to the formal public hearing. AUTHORIZE FEASIBILITY REPORT (SIBLEY TERMINAL INDUSTRIAL PARK) P. Project 661, Authorize Feasibility Report (Sibley Terminal Industrial Park - Structural Overlay)--In accordance with the City's approved 5-Year CIP, City staff is requesting authorization to prepare a detailed feasibility report for the structural overlay of existing streets within the Sibley Terminal Industrial Park. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the preparation of a feasibility report for Project 661 (Sibley Terminal Industrial Park - Structural Overlay) and also the property appraisal process and direct staff to hold informational neighborhood meetings for the affected property owners prior to the formal public hearing. cr.:2 Agenda Information Memo November 16, 1993 City Council Meeting EDC/ED MASTER PLAN/MEDICAL SERVICES Q. Recommendation,Economic Development Commission/Economic Development Master Plan, Health Services Target--On October 7, 1993, the Eagan City Council adopted the revised Economic Development Master Plan with an amendment to include a development target for health services. At its meeting of October 28, 1993, the Economic Development Commission developed proposed language for that target for Council consideration. For additional information with respect to this item, please refer to the staff memorandum enclosed on pages 31 through 3for your review. Since the Council has previously directed this amendment, the action is simply ratification of the language developed by the Commission in response to the Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a recommendation by the Economic Development Commission for a health services target within the City's Economic Development Master Plan as presented. d 5 uM'Nn ��iNfht k�k' � NEMORNEIUM _city ea of an 9 TO: CITY ADMINISTRATOR HEDGES FROM: COMMUNITY DEVELOPMENT DIRECTOR REICHERT ASSISTANT TO THE CITY ADMINISTRATOR HOHENS IN DATE: NOVEMBER 2, 1993 SUBJECT: EDC RECOMMENDATION - ECONOMIC DEVELOPMENT MASTERPLAN HEALTH/MEDICAL SERVICES ELEMENT At its meeting of October 7, 1993, the City Council formally adopted the City's revised Economic Development Masterplan as recommended by the Economic Development Commission. At that time, the Council directed the addition of a health and medical services element as one of the Economic Development Targets within the Masterplan. At its meeting of October 28, 1993, the Economic Development Commission considered proposed language for this target. In an effort to reflect the Council's discussion on the item, the EDC is recommending the following addition to the plan: 5. Health/Medical Services Attract expanded alternatives and levels of service in health care Promote Eagan as a location for one or more hospitals Encourage the location of other health related industries A copy of the EDC minutes in this regard is attached. If approved by the Council, this language will be incorporated in the Masterplan as adopted on October 7. Please place this item on a future consent agenda for Council ratification. 3/ CITY COUNCIL DIRECTION FOR THE EDC Chair Johnson introduced this item for Commission discussion. Pederson asked that the EDC review the City Council minutes from their September meeting and make sure that the Council gave the same interpretation as Johnson and the EDC. The members spent a few minutes reviewing the Johnson's memo and the Council minutes on Pages 12 and 13 in the packet. Pederson had concerns with conclusions 2 and 4 of the City Council minutes. There was some question as to where the EDC efforts are best placed, and also who should report to Council. He felt that the minutes were inconclusive. Reichert stated that she would be glad to get clarification from the Council regarding the matter. Hohenstein stated that the Johnson's memo had been given to the City Council as an informative item. Reichert stated that in the future memos from individual members should be held until the EDC members is able to review them as a group. She reiterated that the EDC is strongest acting as a group. Pederson stated that he also feels that the EDC should present issues as a group. He added that on conclusion 4 concerning the EDC priorities the Commission has had no direction from the City Council. Pederson stated that the results of the EDC work should be measurable, and he would like the Council direction to be as clear as possible. Johnson stated that he feels the Council was fairly clear on their direction to the EDC, but that the minutes may not exactly reflect this. Reichert added that she will get further clarification from the Council, but added that she does not think that the EDC can focus on only one issue because other issues may arise during the year. Hohenstein stated that although he did not attend the meeting, he did not interpret the minutes to say that the Council does not want the EDC to work on other issues. Reichert stated that Hohenstein's interpretations are accurate. Hohenstein called the EDC member's attention to Page 18 of the packet, "Economic Development Targets." He stated that the City Council approved the addition of an element regarding Health and Medical Services. Reichert mentioned the Red Cross proposal. Oestreich stated that the Council mentioned hospitals specifically, but that he feels the focus should be on Health Care Facilities as well as hospitals. He requested an addition to the draft language outlining this. Hughes moved, Morgan seconded a motion to recommend the health services target language as amended. Johnson stated that the item will be presented to the City Council for approval. 4 Agenda Information Memo November 16, 1993 City Council Meeting RUNWAY 4/22 EXTENSION EIS R. Recommendation,Airport Relations Committee/Runway 4/22 Extension Environmental Impact Statement (EIS) Comments--At its meeting of November 3, 1993, the Airport Relations Committee reviewed environmental information relative to the proposed extension of the crosswind runway at MSP. For additional information with respect to this item, please refer to the staff re ort which is enclosed on pages through,35-for your review. Also enclosed on pages. (through. 3,is a copy of the November 3, 1993 ARC minutes with respect to this item. At the present time, it is anticipated that the public hearing in this regard will occur in mid-December although the actual notice of the meeting has yet to be received. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Airport Relations Committee recommendation relative to the environmental impact statement for the extension of runway 4/22 as presented. 33 � 9 i✓r �-ry Na, 1 t ri�ti��wli• _city' of ea an 9 TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: NOVEMBER 4, 1993 SUBJECT: AIRPORT RELATIONS COMMITTEE RECOMMENDATION - RUNWAY 4/22 EXTENSION EIS COMMENTS At its meeting of November 3, 1993, the Eagan Airport Relations Committee considered alternative comments regarding the Environmental Impact Statement for the proposed extension of Runway 4/22 at Minneapolis-St. Paul International Airport. The project would add 2750 feet at the southwest end of the crosswind runway allowing a percentage of operations to be shifted to that runway from the parallel runways. In addition to the physical improvement, the project also includes consideration of the addition of two flight tracks southwest of the airport which would turn traffic sooner toward neighborhoods in southwest Eagan. This proposal is described as flight track Alternative A. Alternative B in the EIS would maintain only the current flight tracks for this runway. The City has previously considered this project when its earlier environmental reviews were released. Consistent with the City's previous position, the Committee recommended that the City continue to oppose the extension of Runway 4/22 because: 1. The City is opposed to major expenditures for new facilities at the airport until a conclusion is reached on the dual track airport planning study, 2. The extension will not significantly decrease aircraft noise impacts in northern Eagan while opening up new noise impact areas in the southwest part of the City which has not been planned for commercial-industrial land uses which might absorb noise, 3. The rerouting of traffic will result in other types of air pollution which will have detrimental effects on Eagan residents, and 4. Past experience indicates that impacts will be widespread as aircraft diverge from their initial headings to their destinations overflying much of southern Eagan. 34, As a contingency, if the runway extension is approved, the Committee recommends that the City express a preference for flight track Alternative B which maintains the current flight tracks southwest of the airport. A copy of the Committee minutes in this regard is attached for your review. In addition to the recommendation, the Committee also considered: 1) Making no comment and 2) Supporting the runway extension with flight track Alternative A or B. Each of these options were determined not to be in the City's best interest for the reasons outlined above. ACTION TO BE CONSIDERED BY THE COUNCIL: To approve or deny the Airport Relations Committee recommendation to oppose the proposed extension of Runway 4/22 at Minneapolis-St. Paul International Airport and to express a preference for flight track Alternative B if the runway extension is approved. Assistant to the City Administrator 3� MINUTES OF THE AIRPORT RELATIONS COMMITTEE Eagan, Minnesota November 3, 1993 A regular meeting of the Eagan Airport Relations Committee was held on Wednesday evening, November 3, 1993 at 7:00 p.m. Present were Chair Tim Ring, Dustin Mirick,Jane Vanderpoel,Lois Monson, Pat Todd and Bob Cooper. Absent were Greg Langen and Alternate Al Bachel. Also present was Assistant to the City Administrator Jon Hohenstein. AGENDA Hohenstein requested the addition of a New Business item concerning the Part 150 sound insulation program. Upon motion by Vanderpoel, seconded by Mirick, all members voting in favor, the agenda was approved with the addition. MINUTES Upon motion by Cooper, seconded by Vanderpoel, all members voting in favor,the minutes of the October 12, 1993 meeting were approved as presented. MINNESOTA PUBUC LOBBY/MAC LAWSUIT Hohenstein outlined the recent ruling by the Minnesota Court of Appeals which found for the Minnesota Public Lobby in their lawsuit to require the Metropolitan Airports Commission to come into compliance with State noise standards. He indicated that it is likely the MAC will appeal this decision to the Supreme Court due to the significant impacts it would have on operation of the airport. Vanderpoel asked if other states are attempting to impose their noise rules on airports. Hohenstein indicated that he is not aware of other state efforts in this regard. He said that the City receives a legal reporter concerning airport noise activities and that most of the cases concern public lawsuits for damages against airports or lawsuits to affect operations or expansions of airports. The Commission indicated a desire to continue to be informed of activities in this lawsuit. There being no action necessary in this regard, Chair Ring closed the discussion. RUNWAY 4/22 EXTENSION EIS Hohenstein overviewed the Runway 4/22 extension project and indicated that it would add 2,750 feet to the crosswind runway to allow a shifting of operations from the parallels to the crosswind and the availability of an 11,000 foot runway for heavy international flights to take off. He also stated that the extension EIS was reviewing two flight track alternatives. Alternative A would add two new flight tracks parallel to Cedar Avenue which would bring aircraft over Eagan more directly and at lower levels than is currently the case and Alternative B would maintain the same flights as are currently in place but at a higher frequency of flight due to the shifting of operations. Todd stated that regardless of the alternative chosen,the City knows by experience that the tracks shown will not be followed and that operations will disperse over a broad area. She further stated the City has opposed the runway extension in the past and feels that the current proposal should be opposed as well. Hohenstein suggested that even if the Committee chose to oppose the extension, that they consider a position on the flight track alternatives as a contingency. Vanderpoel asked if the Cedarvale neighborhood was about the same distance from the end of the new crosswind runway as the McKee Addition is from parallel runways. Hohenstein stated that the distances ■ b Page 2/EAGAN AIRPORT RELATIONS COMMITTEE MEETING November 3, 1993 are approximately the same, although the crosswind runway will not be used as frequently as the parallels and there would be a wider dispersion of traffic so that not all of the operations to the southwest would track over Eagan neighborhoods. Monson stated that the runway extension itself Just means more noise for Eagan; it's simply a question of where the noise would occur. Mirick moved, Monson seconded a recommendation to oppose the extension Runway 4/22 because major expenditures at the airport should not be made until the dual track process is complete. The proposal will open new noise impact areas of Eagan without significantly benefitting current noise impact areas,the rerouting will result in other types of air pollution and aircraft will impact a broader area of the City than is indicated by the tracks in the EIS. The motion also recommended that if the runway extension is to be approved, the City express a preference for flight track Alternative B with the condition that variance to the indicated tracks not be permitted. Upon further discussion, all members voted in favor. The Committee recommended that a press release be prepared for the local media when the public hearing date for this item becomes known. PART 150 SOUND INSULATION PROGRAM Hohenstein indicated that the City had received word that the FAA had agreed to the squaring off of blocks for eligibility purposes for the Part 150 program. As a consequence, he stated that staff had identified five additional properties that would be eligible under the 1992 contour currently being used for the Part 150 program. He stated that the Committee and the City had determined to suspend the Part 150 program and its lottery until a determination by the FM had been reached and asked if the Committee wanted to recommend reinstitution of the program at this time. Upon motion by Mirick, seconded by Todd, all members voting in favor, the Committee recommended that the City directly contact the five property owners which are still eligible under the 1992 contour to determine their interest in the program. Hohenstein indicated that it is also possible that the 1996 contour which is a part of the MAC amendment to the Part 150 funding application could be approved as early as January of this year. As a consequence, 1994 funding may be extended to areas such as the McKee Addition and homes along Lexington Avenue, Blue Gentian Road and Highway 55. He said that the potential for these homes to become eligible raises a land use question for the Part 150 program as to whether or not the City should be incurring costs for sound insulation in areas which will eventually be redeveloped for commercial land use. Upon motion by Todd, seconded by Vanderpoel, all members voting in favor, staff was directed to work with the Metropolitan Airports Commission on discussions of the potential to buy out the McKee Addition and other homes guided for commercial land use In the 1996 contour. Todd asked that for future discussion,would the Committee be provided with information on the other option available through the Part 150 program and a description of what other cities are doing with Part 150 funds. Vanderpoel asked if the City had any sense of whether people in that area wished to have their homes purchased. Hohenstein stated that a response to the concept had been mixed in the past but that the relatively low level of funding in the initial year of the Part 150 program made any discussion of buy-outs an academic point. The Committee requested additional information be provided to them for further discussion at its meeting of January 11. MASAC REPORT Monson stated that the MAC staff has indicated an intention to reduce the size of the ANOMS report to make it more digestible for decision-makers. Hohenstein stated that the Committee's requests for 37 Agenda Information Memo November 16, 1993 City Council Meeting 1994 AIRPORT SOUND INSULATION PROGRAM S. Recommendation, ARC/1994 Part 150 Sound Insulation Program--At its meeting of November 3, 1993, the Airport Relations Committee reviewed information relative to the eligibility of homes in the Country Home Heights Addition for the Part 150 sound insulation program. As a consequence, the Committee is recommending that the City reinstitute the program which had been suspended earlier this year pending the FAA's decision on this eligibility issue. For additional information with respect to this item,please refer to the staff ILreport which is enclosed on pages through l for your review. Also enclosed on page is a copy of the November 3 ARC minutes regarding this item. As outlined in that report, an issue was also raised by the potential approval of a broader eligibility area concerning the appropriateness of sound insulation improvements for properties guided to be redeveloped for commercial/industrial land use in the future. Staff has begun discussions concerning the land use implication of such improvements and it is anticipated that further discussions will be held among staff, the Advisory Planning Commission, Economic Development Commission and Airport Relations Committee. Also enclosed on pages (/2 through *3 is a copy of the correspondence from the FAA relative to the current eligibility standards and on pages cit./through scis a copy of the Part 150 Community Monitor. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Airport Relations Committee recommendation to make the Part 150 sound insulation program available to five currently eligible properties in 1994 as presented. 3 ? _city of eagan IVEMORANDUM TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: NOVEMBER 4, 1993 SUBJECT: AIRPORT RELATIONS COMMITTEE RECOMMENDATION - PART 150 SOUND INSULATION PROGRAM - 1994 At its meeting of November 3, 1993,the Eagan Airport Relations Committee was informed of a recent determination by the FAA that the properties designated in Country Home Heights in the squared off blocks are eligible for sound insulation under the Part 150 program. The Eagan program had been suspended by the City pending the FAA's ruling in this regard. As a consequence of the FAA decision, the ARC is recommending that the City reinstitute the program for the coming year. A copy of the Committee minutes relative to this item is attached. In 1994, Eagan is anticipating funding for up to forty homes to be insulated. Five homes remain in the original 1992 eligibility area which have not yet been insulated. One other home in the eligible area opted out of the program. The ARC is recommending that these five homeowners be contacted directly and offered insulation under the program. In addition, the FAA has indicated to the MAC that it may return a decision on the 1996 Noise Exposure Map as early as January of next year, in time to be included in the 1994 funding year. The 1996 NEM adds approximately 150 homes to the eligible area in Eagan. MAC has requested permission to include all of these Eagan addresses in the 1994 funding application as a contingency. If the map is approved, the City could reinstitute its lottery to select the specific homes to be treated. This potential of the expanded eligibility area does raise a policy question which the Committee will address before recommending any expansion of the program. Namely does the City wish to sound insulate homes which are guided for commercial or industrial land uses or should efforts be made to apply MAC, City and private resources to redeveloping those areas to permanently remedy the problem. If the MAC funding continues at the level anticipated in 1994, the remaining 150 homes can be completed in about four years. Conversely, it may be appropriate to consider not improving homes which a private developer or the City may wish to purchase in the future for other uses. If the 1996 NEM is not approved in time for 1994 funding or the City determines to pursue a buyout option for certain areas instead, the remainder of the Eagan allotment can be loaned to other cities until a decision is reached and repaid in future funding cycles. ACTION TO BE CONSIDERED BY THE COUNCIL: To approve or deny the Airport Relations Committee recommendation to reinstate the Part 150 Sound Insulation program for properties eligible under the 1992 Noise Exposure Map. Assi nt to the City Administrator 90 Page 2/EAGAN AIRPORT RELATIONS COMMITTEE MEETING November 3, 1993 are approximately the same, although the crosswind runway will not be used as frequently as the parallels and there would be a wider dispersion of traffic so that not all of the operations to the southwest would track over Eagan neighborhoods. Monson stated that the runway extension itself just means more noise for Eagan; it's simply a question of where the noise would occur. Mirick moved, Monson seconded a recommendation to oppose the extension Runway 4/22 because major expenditures at the airport should not be made until the dual track process is complete. The proposal will open new noise impact areas of Eagan without significantly benefitting current noise impact areas,the rerouting will result In other types of air pollution and aircraft will impact a broader area of the City than is indicated by the tracks in the EIS. The motion also recommended that if the runway extension is to be approved, the City express a preference for flight track Alternative B with the condition that variance to the indicated tracks not be permitted. Upon further discussion, all members voted in favor. The Committee recommended that a press release be prepared for the local media when the public hearing date for this item becomes known. PART 150 SOUND INSULATION PROGRAM Hohenstein indicated that the City had received word that the FAA had agreed to the squaring off of blocks for eligibility purposes for the Part 150 program. As a consequence, he stated that staff had identified five additional properties that would be eligible under the 1992 contour currently being used for the Part 150 program. He stated that the Committee and the City had determined to suspend the Part 150 program and its lottery until a determination by the FAA had been reached and asked if the Committee wanted to recommend reinstitution of the program at this time. Upon motion by Mirick, seconded by Todd, all members voting In favor, the Committee recommended that the City directly contact the five property owners which are still eligible under the 1992 contour to determine their interest in the program. Hohenstein indicated that it is also possible that the 1996 contour which is a part of the MAC amendment to the Part 150 funding application could be approved as early as January of this year. As a consequence, 1994 funding may be extended to areas such as the McKee Addition and homes along Lexington Avenue, Blue Gentian Road and Highway 55. He said that the potential for these homes to become eligible raises a land use question for the Part 150 program as to whether or not the City should be incurring costs for sound insulation in areas which will eventually be redeveloped for commercial land use. Upon motion by Todd, seconded by Vanderpoel, all members voting in favor, staff was directed to work with the Metropolitan Airports Commission on discussions of the potential to buy out the McKee Addition and other homes guided for commercial land use in the 1996 contour. Todd asked that for future discussion,would the Committee be provided with Information on the other option available through the Part 150 program and a description of what other cities are doing with Part 150 funds. Vanderpoel asked if the City had any sense of whether people in that area wished to have their homes purchased. Hohenstein stated that a response to the concept had been mixed in the past but that the relatively low level of funding in the initial year of the Part 150 program made any discussion of buy-outs an academic point. The Committee requested additional information be provided to them for further discussion at its meeting of January 11. MASAC REPORT Monson stated that the MAC staff has indicated an intention to reduce the size of the ANOMS report to make it more digestible for decision-makers. Hohenstein stated that the Committee's requests for C U.S. Department AIRPORTS Transportation S DISTRICT OFFICE 6020 28th Avenue South, #102 Federal Aviation Minneapolis, Minnesota 55450-2706 Administration October 26, 1993 Mr. Richard Keinz Director of Environment Metropolitan Airports Commission 6040 - 28th Avenue South Minneapolis, Minnesota 55450-2799 Dear Mr. Keinz: We have reviewed your letters of September 10, 1993, requesting that two a_r'as 177hcch ar' only partially encompassed by the DNL 65 dB contour of the approved 1992 Noise Exposure Map (NEM) be determined eligible for residential noise insulation projects under the terms of the AIP 28-92 and 29-93 grant agreements. The two areas consist of the four- block Navy Annex neighborhood in south Minneapolis (bounded by 42nd Avenue on the west, 62 Crosstown Highway on the north, 46th Avenue on the east, and 59th Street on the south) and the two-block area in Eagan (bounded by Avalon Avenue, Burnside Avenue, Fairlawn Place, Beam Lane, Egan Avenue, and Vilas Lane). Following receipt of the September 10 letters, Mr. Steve Vecchi brought over a map showing an additional area in south Minneapolis which the Metropolitan Airports Commission desired to be determined eligible. This additional area in south Minneapolis is bounded by Edgewater Boulevard, Cedar Avenue, 16th Avenue, 57th Street, and Nokomis Lane. Based on our review we have concluded that the three areas in question, as identified above, are eligible for residential noise insulation projects under the terms of AIP 28-92 and 29-93 grant agreements. Our conclusion is based on the following: 1. Residential noise insulation is eligible under the Airport Improvement Program if it is included in the sponsor's approved Noise Compatibility Program (MCP). The Minneapolis-St. Paul International Airport has an NCP which was approved April 2, 1990, and included NEM's for 1987 and 1992. When formulating the initial noise insulation projects, given the vast number of potential homes, we felt it more appropriate to use the 1992 NEM as opposed to the 1987 NEM as it didn't seem prudent to insulate homes which may no longer be experiencing DNL 65 dB noise levels, or if experiencing this noise level now, may not be experiencing it within a year or two. However, as both NEM's were a part of the approved NCP, both establish eligibility. While portions of the Navy Annex neighborhood and the other identified area in south Minneapolis (bounded by Edgewater Boulevard, Cedar Avenue, 16th Avenue, 57th Street, and Nokomis Lane) are outside the DNL 65 dB contour of the 1992 NEM, both areas are encompassed by the DNL 65 dB contour of the 1987 NEM. �cvl - 2 2. Paragraph 710.b. of FAA Order 5100.38A, Airport Improvement Program (MP) Handbook, states in part ". . . projects may be expanded to include a few otherwise ineligible parcels contiguous to the project area, if necessary to achieve equity in the neighborhood." 3. A revised NCP for the Minneapolis-St. Paul International Airport is currently being reviewed by the FAA and includes NEM's for 1991 and 1996. While the 1991 and 1996 NEM's cannot be used to determine eligibility until accepted by the FAA, they do provide information in terms of what areas may or may not be eligible in the future. The Navy Annex neighborhood and the other south Minneapolis area are both totally encompassed by the DNL 65 dB contour of the 1991 and 1996 NEM's. The Eagan area appears to be about two-thirds encompassed by the DNL 65 dB contour of the 1991 NEM and slightly less on t' l QOF NEM. R. should also be noted that a 1996 wise uj , has been generated for the Draft Environmental Impact Statement (DEIS) for the Runway 4/22 extension and we have considered this noise map as well. This map depicts slightly more of the two-block Eagan area within the DNL 65 dB contour, all of the subject south Minneapolis area within the DNL 65 dB contour, and approximately half of the Navy Annex area within the DNL 65 dB contour. If the noise maps being generated for the Runway 4/22 DEIS are considered to be more accurate, the MAC may wish to have them substituted and accepted by the FAA as the official NEM's at some point in the future. This would require subjecting the noise maps to the public input/review process required by FAR Part 150. By letter of February 25, 1992, you requested our concurrence in the City of Minneapolis' lottery method for determining the order of sequence for residential noise insulation. In our letter of March 17, 1992, we responded that we felt the order of sequence should be dictated by the level of noise impact but that we would accept the decision of the Part 150 Policy Advisory Committee (PAC). Having now had the benefit of working with the lottery selection process for the past two years we believe the Metropolitan Airports Commission and the PAC need to reconsider the decision to use the lottery process. The disadvantages of the lottery system appear to far outweigh any advantages. Sincerely, ietj fi Robert A. Huber Assistant Manager /.\ OCTOBER 1993 PART �. K : Community 1 t j■ - �. J, Ase byte Metropolitan Airpods Commission ordaining inamtatron on Me Sound asukdon and Land AGgoisilon Programs MAC REPORTS 139 HOUSES HAVE BEEN SOUND FIVE COMMUNITIES INSULATED; 234 HOUSES TO RECEIVE NEAR MSP AIRPORT SOUNDPROOFING IN 1993 GRANT PARTICIPATING IN SOUND All 139 houses selected to receive began in Janaury 1993. INSULATION PROGRAM soundproofing in the"pilot"phase of the MSP 'We are now soundproofing 234 additional Part 150 Sound Insulation Program have been homes under the 1993 grant year,"says Steve completed,according to the Metropolitan Airports Vecchi,MAC manager of Part 150 Programs. The participating cities of Minneapolis, Commission(MAC). Construction for the 1993 grant will be performed Richfield,Bloomington,Eagan and Mendota The eligible homes included 75 in on homes from August 1993 through March Heights are each responsible for selection and priori Minneapolis,30 in Bloomington,28 in Richfield prioritization of eligible residents for the Part 150 and six in Eagan. Homes scheduled during this period include Sound Insulation Program. The following is an The"Regulation Part 150"Airport Land use 138 in Minneapolis,17 in Bloomington,55 in update of each city's activities. Compatibility Planning Program was designed by Richfield,15 in Mendota Heights,and nine in °� The City of Minneapolis Minnea the Federal Aviation Administration(FAA)to make Eagan. conducted a drawing Aug. 19 to select the neat neighborhoods located near airports more All eligible homes receive a standard homes for participation in the Sound Insulation compatible with aircraft noise. modification package that includes installation of �0 Hundreds of residents came to the The Sound Insulation Program is one of the central air conditioning,acoustic storm windows, Nokomis Community Center to find out if they major components of the Minneapolis/St.Paul storm door replacements,wall and attic insulation were one of the 500 selected. Volunteers from International Airport(MSP)Part 150 Program and baffling of roof vents. the audience picked the cards from a barrel and being implemented by MAC. The"pilot"phase Council Member Dennis Schulstad read off the names. Richfield: Twenty-eight property owners in Richfield participated in the pilot phase of the MINNEAPOLIS HOMEOWNER PLEASED WITH RESULTS Sound Insulation Program. An additional 11 are currently under construction,with 44 more Bob and Wendy Lynes watched with interest homes to be insulated by mid-February 1994. as their Minneapolis neighbors underwent sound • • `'' ! Bloomington: All 30 of the Bloomington insulation of their homes,and approached the . <. ,t --`` ,: homes in the pilot phase of the Part 150 Sound program with"guarded optimism."Now,says rR ,,, Insulation Program have completed the sound ''qtr-_*.-�� Wendy,`we are amazed by the difference in the . . m�a 3; , insulation construction. The initial response interior noise levels." "— r�tr�w, from residents has been that there is a significant �'. The Lynes'South Minneapolis house was noise reduction in their homes due to the one of the first completed under the"house-by- T` iii - insulation. house"method of sound insulation,which is _ _. Eagan: The City of Eagan is awaiting word designed to insulate more homes at an increased •• , • if from the MAC and the FAA for the go-ahead to rate,enable contractors of all sizes to participate, N�s"',r;' k ` continue insulation. Six homes were insulated in dip and increase homeowner participation. '!` 4.' r t the initial phase and eight in the 1993 grant year. � r� �:. ,� � ■ f The couple carefully reviewed Werulj Lynes Mendota Heights: Residents gathered at recommendations presented by the MAC design Mendota Heights City Hall Sept.2 for selection of team. After approving the design and signing the developed during construction,the contractor 15 homes to receive sound insulation with the work agreement,the Lynes'selected three was responsive. "The contractor was cooperative, 1993 grant. This is the first group of contractors from the MAC approved list. homeowners from Mendota Heights to participate Although some minor conplications Contined on page 2 in the program. L/ (/ QUESTIONS & ANSWERS combination of acoustical modifications. Even guidelines. It is then the responsibility of each though your house may look the same as your participating city to determine a method of neighbor's,it has a different combination of prioritization for their eligible homes within the Q: What is the timetable for insulating existing conditions and may require a different LDN 65 boundary'and select,on an annual basis, homes? combination of acoustical modifications. homes that will be scheduled for insulation A: The first 139 homes composed the"pilot modifications. of the ro ect,which was conducted Q: Doi get to pick out the contractor to phase"between January and August 1993. The money for do the work? insulation of these homes was received by the MAC A:Yes,to a degree. The MAC has a list of Minneapolis Homeowner from the FAA in the 1992 grant year. The 1993 approved contractors and you are responsible for grant will enable an additional 234 homes to be selecting a minimum of three contractors from the Continued from page 1 insulated between August 1993 and March 1994. list-one of which must be a DBE(disadvantaged dean and friendly,"says Bob,adding that"the Approximately 660 homes are planned to be business enterprise)contractor-to bid on your house was definitely livable throughout insulated with money from the 1994 grant, house. The MAC awards the contract to the lowest construction." depending on available funds. responsible bidder. The CEDE and MAC staff The sound insulation package designed for Q: How many homes are brought into the scrutinize the qualifications of the contractors the Lynes'house consisted of reconditioning before they are approved as a certified contractor. existing windows,acoustical storm windows,solid program each month? They must be licensed General Contractors,be core doors,acoustical storm doors,attic A: With the house-by-house implementation capable of providing 100 percent payment and insulation,roof vent baffles,and a chimney cap. method,between 30 and 60 homes are brought performance to MAC's "Even visitors notice the difference,"says into the program each month. The house-by- specifications,. .actors'briefing Bob. "I can easily carry on a phone conversation house method is designed to insulate more homes on sound insulanh. ..don techniques. without interruption when the windows are at an increased rate,enable contractors of all sizes Finally,we have created a notebook for each closed,and now we don't turn up the television to participate,increase homeowner participation, contractor that is open to the public and includes when planes fly over. Plus,our house looks and complete construction more efficiently. references and other pertinent information to gam.„ Q: Why did my neighbor get new windows assist homeowners in their selection. and I did not Q: Who decides which homes are eligible for sound insulation and how are Part 150 Community Monitor published by A: Our basic sound insulation package calls for ty onitor is ublished b the reconditioning existing windows,and installing participants chosen? Metropolitan Airports Commission to provide acoustical storm windows as the primary means of A:The FAA funds 80 percent of the program information on the Sound Insulation Program. reducing the sound entering through windows. In costs and also determines which areas are eligible An informational manual, "Part 150 Sound some cases,the window style or conditions based on FAA-approved LDN(level day and night) Insulation Program Manual,"is available to prevent reconditioning. We then recommend noise contours. They are also responsible for replacement sashes and only if this is not possible, setting the program's 5 decible noise reduction interested homeowners. To request a copy of the we recommend replacement windows. Each goal. The FAA also approves all methods of manual or for additional information on the Part house is unique and requires a slightly different insulation modifications and all program 150 Program,please call CEDE at 348-9337. in wit mi""i"ill"'I'I"i'i"II""I'i"ri'I OT8I—ZZISS NW ue6e3 Pu gouN loiTd 0C8C NI3ISN3HOH NOt 2dW N' 9b3 AO A.L13 P6 t t'ON 11WH3d NW'SllOdd3NNIIN ogng oioseuulyr'sgodoeuu ly, ONd f , +. 39VISOd'S'fl wnos enueny ytBZ 0P09 F 9NfIWI)lf18 uO!SSlwwo3%Jodnd uollloda4eN x s , Li--5- Agenda Information Memo November 16, 1993 City Council Meeting AUTHORIZE CONTRACT/COMMERCIAL LAND USE STUDY T. Authorize Contract, Economic Research Corporation for Land Use Study--The staff report on this proposed contract for the commercial market/land use study is enclosed on pages through '. Also enclosed on pages through‘71)is a copy of the proposal from Economic Research Corporation. The City Council directed staff to initiate an amendment to the City's land use plan as relates to commercial development. The Council also directed staff to secure appropriate consulting services to update the market study work conducted by Laventhol and Horwath in 1988. Staff is proposing to contract with Ralph Chiodo,Economic Research Corporation, to provide consulting services in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize a contract with Economic Research Corporation for the commercial market/land use study for an amount not to exceed $18,000. ICJ 46, q �1',i�. MEMO _city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PEGGY REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: NOVEMBER 9, 1993 SUBJECT: CONSULTANT SERVICES COMMERCIAL LAND USE STUDY This memorandum is to provide the necessary background information to the City Council concerning the proposed contract and scope of services with Ralph R. Chiodo, Economic Research Corporation,for professional consulting services related to the commercial land use study. BACKGROUND: At its Special Meeting of October 12, 1993, the City Council discussed the need to update the City's commercial land use plan and policy to provide a comprehensive framework for evaluating and directing future commercial development. The Council also discussed the need to update the 1988 commercial market study conducted by Laventhol and Horwath in light of the revised 2010 population and household forecasts, as well as recent commercial development activity in the Eagan market area. The Council directed staff to initiate an amendment to the City's Comprehensive Land Use Plan including an update, as necessary, of the 1988 commercial market study and to secure appropriate consulting services for this effort. RECENT ACTIVITY: In approaching this effort,the Community Development Department has attempted to structure this project in a manner wherein we will get a better and more understandable product than we received through the 1988 study effort. Essentially, the 1988 Laventhol and Horwath study gave us a final set of numbers on the potential demand for commercial development within the City, but did not thoroughly document the methodology. As such, we cannot now understand just what type of analysis was conducted and therefore, what the conclusions signify. The 1988 study was prepared entirely by the consultants; staff did not participate in the development of the analysis. The study was not used to develop an updated commercial land use plan and policy. Staff is now proposing to do much more of the work in-house and to use consultants more as outside experts for "over-the-shoulder" direction. We are hoping to get a better product and also to keep the costs down in this manner. The 1988 Laventhol and Horwath market analysis alone cost$27,800. We have developed a proposal with Ralph 7 Chiodo, in which Phase I of the market study analysis is estimated to cost $13,500. During Phase H, the consultant will be available to work with City staff in translating the analysis into a land use plan amendment for retail/commercial development. This second phase will be paid on an hourly basis. The proposal from Mr. Chiodo is attached for your review along with a Statement of Qualifications for E.R.C. I have personally worked with Mr. Chiodo in both St. Paul and Minneapolis and found him to be especially receptive to the concept of working as an over-the-shoulder consultant to City staff. Because of the short time line and relative small cost of this contract, we have not taken an RFP approach to this consultant selection process. The cost of the Phase II portion of this contract is still a very rough estimate. Mr. Chiodo's estimate does seem somewhat low, however, and we believe it could well be more in the range of 20-40 hours of consulting time. We would, therefore, suggest that an overall contract be developed, including the cost estimate for Phase I at $13,500 with the total contract not to exceed $18,000. We are looking to complete Phase I, the market study, by early January and hope to have a draft land use plan amendment completed for initial review and discussion by the end of March. We will be working out a more definitive time table for the Comprehensive Plan Amendment in coordination with the Yankee Doodle Corridor Traffic Study. The timetable for both the Commercial Study/Land Use Plan Amendment and the Traffic Study/Transportation Plan Amendment are being driven to a large extent by the needs of several large development proposals, including those of the Dial Corporation, NWML, Joe Miller, and Health Span. ACTION TO BE CONSIDERED: To ratify the Economic Research Corporation to conduct the commercial market study and assist on the commercial land use plan in an amount not to exceed $18,000. Director tof'Cbmmuni tY Development Develo P PR/js attach. L/U Nov. 5 '93 14:34 ECONOMIC RESEARCH CORP. FAX 715-822-3369 P. 2 EC018012111c Research 1475 Vubb,P.O.Balt 1248 CombahRd,W2 54829 PRO (715)822.2919 November 5, 1993 Ms. Peggy A. Reichert Director of Community Development City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Subject: Market Feasibility Study, Commercial Land Development BACKGROUJ ID The City of Eagan has grown from a bedroom community to a significant service center with supporting commercial and retail facilities serving a large portion of Dakota County. As of 1990 Eagan had a population of 47,409. Through a combination of planning, encouragement and management, Eagan has developed a number of retail centers, the most significant of which include Eagan Town Center at Yankee Doodle Road and I-35E, a retail node at Cliff Road between Cedar Avenue and 135E, the Cedarvale area, and a partially developed retail node at Diffley Road and Lexington Avenue. At this point the City has recognized that it is time to turn its attention and resources to planning the buildout of commercial development for its community. It is faced with a number of significant proposals that will have community wide impacts in terms of traffic, the delivery of goods and services for community residents, and future land use implications. It is clear that all parties involved in this effort have a common goal to see the commercial property developed in4a coherent manner and with the least amount of negative impact for the community. Economic Research Corporation belic4s that, in order to make informed choices regarding future commercial property uses in Eagan, the decision makers must first have a realistic assessment of the timetable and magnitude of the potential absorption of commercial development. Once the market implications of these land use alternatives are understood, the City government, staff and land owners can begin to address the many related land use, transportation and other issues. 1 -4/ R=93% 715 822 3369 11-06-93 01 :43AM P002 #31 Nov. 5 '93 14:35 ECONOMIC RESEARCH CORP. FAX 715-822-3369 P. 3 tIUM Prior to beginning the work program, a review will be made of all prior studies and plans to establish the parameters of the land use alternatives. We will also work with the City planning staff and its transportation consultants regarding future road improvements planned or being considered. ASSESSMENTSILEIMEMUILIEACUREOUIREMENTS In order to assist the City in its planning process, we propose to determine the future retail space demands and absorption within the City of Eagan. Since the commercial market analysis was completed for the City of Eagan in May of 1988 a number of commercial and retail developments have taken place, and additional proposed projects are before the City for its consideration. The existing development and the proposed projects have potential for significant impact on the existing road patterns and traffic volumes depending on where and when such development should take place. ' It is obvious that the owners and developers of the property that is being proposed for retail and commercial development believe that there is a market for such development and, therefore, wish to proceed with their plans. From the City's perspective, however, 'it is important to know whether the proposed developments, in fact, are likely to have the anticipated market support and, therefore, be successful and viable additions to the community. Eagan is not a community in isolation but is part of a larger regional area that includes most of Dakota County. Within this regional area there are a number of major facilities and commercial concentrations including: • The Burnsville Center, a ma r four anchor regional shopping center with significant ancillary develop ent on the surrounding properties including Target, Kohl's and Holiday Plus. • Downtown Apple Valley with a new 160,000 square foot Target Greatland, Kmart, Rainbow and Cub +with a fair amount of ancillary retail development. • A significant amount of retail development along South Robert Street in West St. Paul including Target, Kmart, Rainbow, Cub and a significant amount of ancillary retail. 1 2 S7() R=93% 715 822 3369 11-06-93 01 :43AM P003 #31 Nov. 5 '93 14:36 ECONOMIC RESEARCH CORP. FAX 715-822-3369 P. 4 All of these major retail centers serve to limit the trade area and draw of the existing commercial and retail development in Eagan as well as any future proposed development. Future retail space needs in Eagan will be a function of anticipated retail sales demand within the Eagan trade area, the strength and relative distance of competing centers beyond the Eagan City borders, and the amount, type and vacancy of retail space already existing within the City of Eagan. The first step in the assessment will be to inventory all existing commercial space in the City of Eagan and in the competing centers in Apple Valley, Burnsville and West St. Paul. In the interest of keeping the budget for this study as low as possible, we would anticipate using your staff to perform this work step at our direction. This inventory of retail space assessment will include not only square footage, but types of uses so that we can determine whether there are any retail or commercial categories that are either not represented or under-represented in Eagan and in the competing centers. The inventory will include estimates of vacancy in existing buildings. We will also work with the planning staff to establish the amount of vacant land that is either zoned commercial or will be devoted to commercial and retail uses. This information will assist in making judgments regarding the specific uses proposed for the undeveloped retail property and the likelihood of success and adequate market share for those proposed uses. As a part of this process, we will draw a trade area for the major retail facilities in Eagan giving full consideration to the travel time and distance from competing centers. We will gather population and demographic information for the residents of the established trade area and estimate expenditure potential for various categories of retail facilities. The potential retail expenditures will then be compared to an average or standard per square foot productivity for the various retail categories resulting in supportable square feet of retail space for each category. This supportable retail space will then be compared with the existing square footage within Eagan and that square footage beyond the Eagan borders that is presently serving residents within the trade area in order to determine whether additional retail space is warranted and likely to be successful within the proposed commercial development areas. This analysis will document supportable retail square footage and type of retail development that is likely to be marketable vithin the Eagan ,commercial concentrations. This information can then be used by th planning staff and traffic consultants in assessing the impact of such development. , The above described work program can begin upon your authorization to proceed and be completed within sixty days providing your staff is available for the field work. The total cost including all expenses is $13,500. 3 R-93% 715 822 3369 11-06-93 01 :43AM P004 #31 Nov. 5 '93 14:36 ECONOMIC RESEARCH CORP• FAX 715-1322-3369 P. 5 PHASE II In addition to the above work program, I will personally make myself available for the following work sessions, meeting and consulting time: • Meetings with City Council to explain findings and implications. • Meeting with and consultation to traffic consultants to explain and amplify findings to fit their analysis requirements. • Consultation to City staff regarding existing land use plan for retail/ commercial and alternative scenarios including consideration of major centers and possible neighborhood facilities. • Assist planners in developing a land plan with recommendations regarding most appropriate location for new retail and other commercial development. This Phase II effort will be performed on an hourly basis as the work is requested by Eagan staff. It is estimated that this Phase II effort could involve 15 to 17 hours of consulting time at $85.00 per hour plus out-of-pocket expenses. Thank you for this opportunity to submit our qualifications and suggested work program. You may accept this proposal by signing and returning one copy of this proposal to our office. II R. CIIIODO RRC:lac Enclosures Signed Date 4 c'02 R=93% 715 822 3369 11-06-93 01 :43AM P005 #31 Nov. 8 '93 16:42 ECONOMIC RESEARCH CORP. FAX 715-822-3369 P. 2 ECONOMIC RESEARCH CORPORATION STATEMENT OF QUALIFICATIONS EAGAN, MINNESOTA Economic Research Corporation (ERC) places great emphasis on cooperating with the community during Its research projects. In developing this proposal,ERC met with City staff to gain their input and perspective. We intend to continue meeting with City staff throughout the project to ensure the most complete and responsive final product. QUALIFICATIONS This project will be staffed by Ralph R. Chiodo, President of BRC, and additional staff members who are needed for specific portions of the work effort. Since 1969, ERC has provided development consulting, market research and strategic planning to a wide variety of public and private sector clients. Consulting services have been provided to many governmental agencies including the State of Minnesota, the Cities of Minneapolis and St. Paul, Housing and Redevelopment Agencies, Regional Development Commissions and smaller communities throughout the upper midwest. We have provided extensive site location and market feasibility services for Dayton Hudson Corporation and its major operating companies including Target, Mervyn's and Dayton Hudson Department Store Company. Other retail clients include Filene's Basement, Pinstripes Petites, Office Depot, PetsMart, Home Express, Lunds and Kohl's. I COMMUNITY RELATED PROJECTS • Red Wing, Minnesota - Downtown redevelopment and shopping center analysis • Rochester, Minnesota - Downtown redevelopment (retail and residential) • Duluth, Minnesota- Downtown redevelopment (commercial and hotel) • Rockford, Illinois - Downtown redevelopment • Apple Valley, Minnesota - Municipal liquor study including relocation recommendations R-93% 715 822 3369 11-09-93 03:51AM P002 #46 1 Nov. 8 '93 16:43 ECOPDMIC RESEARCH CCRP• FAX 715-822-3369 P. 3 • St. Paul, Minnesota Downtown redevelopment - Payne/Arcade Avenues commercial/residential analysis - Dayton's Bluff commercial/residential analysis • University/Dale retail demand analysis • Minneapolis, Minnesota ▪ Commercial and retail demand analysis for Minneapolis neighborhood commercial areas including: • West Broadway • Plymouth Avenue ▪ South Nicollet Avenue • Chicago and Lake ▪ Arthur Street and 35-W • Central and University SE • Camden area ▪ Central Avenue NE RETAIL FEASIBILITY PROJECTS • Shopping center feasibility projects have been completed by ERC in the following nearby communities: ▪ Green Bay, Wisconsin - Appleton, Wisconsin ▪ Duluth, Minnesota ▪ Red Wing, Minnesota - St. Paul, Minnesota ▪ Minneapolis, Minnesota ▪ Rochester, Minnesota • Mankato, Minnesota Other across much of the United States • Hundreds of individual store market feasibility studies for various retail and commercial clients. 1 R=93% 715 822 3369 11-09-93 03:51AM P003 #46 Nov. B '93 16:43 ECONOMIC RESEARCH CORP. FAX 715-822-3369 P. 4 • PROFESSIONAL REFERENCES • Mr. Thomas Melena City Manager City of Apple Valley 14200 Cedar Avenue South Apple Valley, Minnesota 55124 (612) 431.8874 • Mr. Robert Dronen Deputy Executive Director Minneapolis Community Development Agency City of Minneapolis 331 Second Avenue South Minneapolis, Minnesota 55401 (612) 342-1201 • Mr. James Scharer Department of Development City of Milwaukee 1 809 North Broadway 1 Milwaukee, Wisconsin 53202 (414) 223-5850 • Mr. Dean Massett City Administrator City of Red Wing City Hall Red Wing, Minnesota 55066 612) 388-6734 • Mr. Larry E. Carlson Via President, Area Research Dayton Hudson Corporation 777 Nicollet Mall Minneapolis, Minnesota 55402 612) 370.6766 J R=94% 715 822 3369 11-09-93 03: 51AM P004 #46 ECONOMIC RESEARCH CORP. FAX 715-822-3369 Nov. 8 '93 16:44 P. 5 i SERVICES FOR GOVERNMENT Financial and market feasibility analyses of proposed office,retail, housing and industrial developments. Formulation of economic development strategies for communities, counties and regions. Financial feasibility analyses of tax increment financing. Housing demand studies for public,non-profit and market-rate developments. Analyses of land development potential. urban renewal,neigh ) hood redevelopment and historic preservation feasibility studies, Economic impact analyses of proposed highway improvements. Assistance in capital planning,long-range financial planning and annual budgeting. Customized strategic planning programs, S6 R=93% 715 822 3369 11-09-93 03: 51AM P005 #46 Nov. 8 '93 16:44 ECONOMIC RESEARCH CORP• FAX 715-822-3369 P. 6 SERVICES FOR RETAILERS Site location analysis for new stores. Sales models to help predict new store pence. Master plans for store expansion programs. Individual store performance analysis and recommendations. Competitor analysis for specific segments within the retail industry. Shopping center studies. Customized strategic planning programs incorporating our knowledge of retail industry trends and your vision of your company's future. Development of performance standards for both individual stores and total company results. 1 Strategic analysis for mergers and acquisitions. Integrated strategic financial planning systems. Financial analysis and planning systems to assist clients with capital decisions,long-range financial goals and annual budgeting. S. R=93% 715 822 3369 11-09-93 03: 51AM P006 #46 Nov. 8 '93 16:45 ECONOMIC RESEARCH CORP. FAX 715-A22-3369 P. 7 wommommormmommw SERVICES Financial and market feasibility analyses of specified proposed developments including retail stores, shop- ping centers, office buildings, industrial plants, imlu- ral resource utilization, tourism and recreation facili- ties and all types of housing projects. Market research and urban growth planning for old and new commercial, industrial and residential dis- tricts including urban renewal areas. Site selection analyses to determine best locations for financial institutions, shopping; centers, retail storks, industrial plants and other types of commercial devel- opment based on market potential and cost benefit. ratios, Formulation of economic development strategics for communities, counties, or regions. Financial feasibility analyses of lax increment financ- ing districts and other methods utilized for financing public improvements. Financial analysis and planning systems to assist clients with capital decisions, long-range financial goals and annual budgeting. Customizing strategic planning programs incorporat- ing our knowledge of social and economic trends and your vision of your organization's future. ST8( R=93% 715 822 3369 11-09-93 03: 51AM P007 #46 Nov. 8 '93 16:45 ECONOMIC RESEARCH CORP• FAX 715-822-3369 P. 8 - .--- . CLIENTS Arrowhead Regional Development Commission Medtronic, Inc. Bather, Ringrose &Wolsfeld Metropolitan Council of the Twin Cities Bor-Son Construction Company Milwaukee, City of College of Saint Benedict Minneapolis, City of Duluth Downtown Development Corporation Minnesota, State of, Dc pt. of Ellerbe Architects Economic Development Fairview Hospital, Minneapolis, MN Minnesota, State of, State Planning Agency Ford Marketing Corporation North American Life and Casualty Pen ton, Inc. Ford Motor Company Gingold and Pink,Architects lied Wing, MN, City of Greater Minneapolis Metropolitan Housing Corp, Rockford, IL, City of Greater St. Paul United Fund and Council, Inc, Rochester, MN, City of Headwaters Regional Development Commission St. Luis Park Development Corporation P Hodne-Sta ebe�r St. Mary's Hospital, Minneapolis, MN g g Partners, Inc. IDS Properties St.Paul, City of John G. Kinnard and Co. Setter, Leach and Lindstrom Knutson Companies, Inc. South St.Paul, City of University of Minnesota Knutson Construction Co, R=93% 715 822 3369 11-09-93 03:51AM P008 #46 Nov. 8 '93 16:46 ECONOMIC RESERRCH CORP• FRX 715-822-3369 P. 9 FINANCIAL CLIENTS Aberdeen Federal,Aberdeen.SD Home Savings,Minneapolis,MN American Federal,East Grand Forks.MN Lakeland Federal,Detroit Lakus,MN American Federal,Madison,SD Metropolitan Federal,Fargo.NP Ames Savings and Loan,Ames,IA Midwest Federal of Eastern Iowa,Burlington,IA Barron County Federal,Barron,WI Midwest Federal,Minot.ND Community Federal,Little Falls,MN Mitchell Nome Savings and Lan,Mitchell,SO Fetidly Federal,Ceder Falls,IA Northwestern Federal,Fargo.NO Feribault Federal,Farlbault,MN Owatonna Savings and Loan.Owatonna,MN Fidelity Federal,V8Noy City,ND Peoples Savings and Loan.Albeit Lea,MN First Federal,Baresford,SD Pipestone Federal,Prpestone,MN First Federal,Brainerd,MN Provident Savings and Loan.Madison,WI First Federal.Canton.SD Queen City Federal.VI rgmra,MN First Federal,Colorado Springs,CO Railroad Savings and Loan.Newton,KS First Federal,Estherville,IA River Fells Federal,River Falls,WI RV Federal,Fargo.ND Rochester Savings and Loan.Rochester,MN First Federal,Grand Forks,ND St.LouLs,County Federal,Duluth.MN First Federal,Minot,ND Security Savings and Loan,Marion.IA First Federal,Grand Rapids,MN United Federal.Alexandria,MN First Federal,Rapid City,SD Waseca Savings and I Dan,Waseca.MN First Federal.Sioux Fails.SD Washington Federal,Stillwater,MN First Federal of S.E.Missouri,Cape Girardeau,MO Western Minnesota Savings and Loan,Fergus Falls,MN Fks1 Federal Of Sumner County,Wellington.KS Windom Federal,Windom,MN First Federal,Thief River Falls.MN First Federal,Watertown,SO Citizens State Bank,East Grand Forks,MN First Fidelity,Austin.MN Cosmopolitan Slate Bank,Slinwater,MN Frontier Savings,Crean Bav,WI First National Bank.Minnetonka,MN Grand Forks Federal,Grand Forks,ND First National Bank.f)conto,WI Hennepin Federal,Minneapolo,MN Niaswa State Bank,Niaswe,MN Heritage Federal,Denison,IA St.Cloud National Bank and Trust Co..St.Cloud,MN Horne Faderst,Spencer,IA Western State Bank,St.Paul,MN 4‘ R=93% 715 822 3369 11-09-93 03: 51AM P009 #46 Agenda Information Memo November 16, 1993, City Council Meeting VACATION/LOT 13, BLOCK 1, BLACKHAWK PONDS ADDN A. Vacate Portion of Utility Easement(Lot 13,Block 1,Blackhawk Ponds Addition)--On October 18, the City Council received a petition and scheduled a public hearing to formally consi er the vacation of a portion of a utility easement as shown and described on page All notices have been published in the legal newspaper and sent to all potentially ected parties informing them of this public hearing. As of this date, the City has not received any objections from any outside agencies regarding this proposed vacation. However, the encroachment into the existing underlying easement by a single-family residential home under construction created a situation where an existing trunk watermain had to be laterally relocated and placed in a casing pipe to avoid any conflict associated with this encroachment. The relocation of this watermain has been satisfactorily completed by the petitioner,inspected by City representatives and found to be completed in a satisfactory manner. All appropriate construction and escrow agreements have been previously executed and filed with the City. An adequate replacement easement has been executed and conveyed to the City. With all of these City requirements being satisfactorily complied with, City staff no longer has any objections to favorable consideration of this request. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approved the vacation of a portion of a utility easement over Lot 13, Block 1, Blackhawk Ponds Addition, as described and authorize the Mayor and City Clerk to execute all related documents. 6 / N Z 4-- n 0 Q) ggigV. C w v . 8g of i 13 u; 3 3 RCN U / IPILP "i V 'n 0 (I) IIiEi' taib\ :: a) I 0 SD o � gzu! 2 , r « (l.J rn .� - y o � W m . 211 ` 6<,• �� - d- M �- W i 1 r r i p �� / ' ``. V < 1 1 i HI OM CD . .z. .;i:.k' 0 Q CO O. :5. 1470VogiSe .. - ., ..:::.::1:.: r Z r ::. , ac 15 " Ihig " \ Co ::?.V::?: ::::: 2 s i N a r mra o to 11215 15 4 -1 ,, r, .1:0.‘:::'.:.:::: to g 1 iiilibil \ % - Li-- 6g • .:Yii.::i: «. a eon N Z XX /v ? 1 c� ~ d)< ° � o 02 W ,,> 4. 8 O i 1 1.0\ IlitZ. 1701i a p uo= 8ITU °.= 21, c N N . ev .r. mIT' OR \ ( SthuD N 1 -C Z ' g 4 nig ! ! "0 1 r / i �1 9 to - 2 6c: . ' ` � AM)Id AHddtlw Agenda Information Memo November 16, 1993 City Council Meeting OLD BUSINESS CONSIDER REDESIGNATION OF ON-SALE LIQUOR LICENSES A. Consider Redesignation of On-Sale Liquor Licenses--At the October 19, 1993 City Council meeting, a request was considered to amend the City Code provision for on-sale liquor licenses. The requested amendment would modify the current allocation of the remaining three available licenses designated for hotels and motels. Matt Starr of Panino's Restaurant would like to apply for a restaurant liquor license of which none are available. The restaurant would be located at 3450 Denmark Avenue in the Town Centre Shops. Enclosed on page is a copy of a memo from Finance Director/City Clerk VanOverbeke outlining the request, the current designations and the legal limitations on the issuance of licenses. A significant portion of the discussion revolved around the number of licenses potentially available. Enclosed on pages through 7 is a copy of the minutes. There seems to be general agreement that the number of available licenses can be increased in the following three (3) ways: 1. By waiting for the new year 2,000 census figures - Given today's estimates, there is currently population to generate three or four additional licenses and this will probably continue to increase. 2. Through a referendum as was done in Bloomington - Bloomington now has an unlimited number of licenses available. 3. Through special legislation, as was done in Burnsville, which increased the total available by five (5) licenses. The possibility also exists that an outstanding license would not be renewed for one reason or another. This has not been the case historically. Enclosed on page a is a letter from Bruce Mitler covering items 2 and 3 above, as he researched them. As another example, Roseville had special legislation passed in 1985 authorizing up to thirty licenses and currently has sixteen or seventeen issued. Roseville has a population of approximately 35,000. Enclosed on page s / through P6, is a copy of a letter to Representative Pawlenty asking his legislative perspective on this issue as it relates to Eagan. Given this information, the City Council appears to have some flexibility in how authorized licenses will be issued and some opportunity to increase the authorization. The following factors should probably also be considered in this discussion: Agenda Information Memo November 16, 1993 City Council Meeting 1. What will the effect of additional liquor licenses available or issued be on existing license holders? From a strictly free enterprise standpoint, there is some question as to whether or not this should be a concern. It will obviously be a concern to the current holders and may impact either a referendum question or a request for special legislation. 2. The public safety implications of additional licenses are unknown. There is a concern, however, that increased competition could provide incentives for certain licensees to attempt to retain or increase market share through activities which would not be desirable. 3. The future development of certain businesses, such as Class I restaurants and hotels, will probably be contingent on the availability of on-sale liquor licenses. A small increase in availability will not solve this problem if available licenses continue to the issued to establishments other than Class I restaurants and hotels on a first come basis. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the request to amend the City Code changing the designation of unissued on-sale liquor licenses and to provide direction to staff to work toward an increase in the available licenses through referendum or special legislation, if desired. e MEMO __city of eagan MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: OCTOBER 4, 1993 SUBJECT: MATT STARR UQUOR LICENSE REQUEST As a result of the letter from Mr. Starr requesting a City Code amendment to allow an application for a liquor license in another restaurant, I asked Liz to provide an inventory of the existing license holders. She has provided that inventory in her memo directly to you dated October 4, 1993. The City currently has issued 15 of the State allowable maximum of 18 liquor licenses for second-class cities. The maximum increases by one (1) license for each 2,500 population over 45,000 based on the federal decennial census. Consequently, the City population probably allows for an additional three (3) licenses to a total of 21, however, they will not be legally authorized until after the 2000 census. The public policy issue for the City Council continues to revolve around the issue of holding the three (3) unissued licenses for hotels. Basically, it is advantageous for the City to maintain the status quo at least until the year 2000, making licenses available for additional restaurants only if one currently issued is not renewed for any reason. The City has determined that a number (currently 7) of the licenses be for restaurants with at least $350,000 of building valuation. Mr. Starr would probably not meet that threshold in the Town Centre Shoppes, if a hotel designated license is released and that criteria is still important. The potential request for a license involving the Safari At Eagan plat is also a complicating factor in these considerations. Prior to responding to Mr. Starr, I believe we will need to get policy direction from the City Council. Please advise as to how you would like to proceed. Let me know if you would like any additional information or if you would like to discuss this matter. ' e 'rector/City Clerk EJV/jeh . 6S Page 12/EAGAN CITY COUNCIL MINUTES October 19, 1993 3. The number of clients shall not exceed 13 at any one time. 4. The maximum number of employees is three full-time and three part-time. 5. All employee and guest parking shall occur on-site. 6. The applicant will enter an agreement waiving his right to object to the development of any adjacent property to its intended use as it exists under the zoning classification. Aye: 5 Nay: 0 CRIMSON LEAF TRAIL SIDEWALK REQUIREMENT Mayor Egan introduced this item as ratification of the APRNRC recommendation for the Autumn Ridge 4th Addition condition involving the Crimson Leaf Trail sidewalk requirement. City Administrator Hedges explained the history of the item and advised that in response to neighborhood concerns, the issue had been referred to the Advisory Parks, Recreation and Natural Resources Commission. He said the APRNRC had reaffirmed the City Council's earlier decision to install the sidewalk and was returning the issue to the Council for ratification. Two residents indicated they were in attendance for discussion of this item. One of the residents present stated that few people were present to discuss the issue because it had been resolved before the APRNRC. She indicated her belief that those in opposition realized the sidewalk was necessary. Mayor Egan said he was very pleased the residents had resolved the issue among themselves and Councilmember Hunter noted it was a good example of how the City should use Commissions. Wachter moved, Hunter seconded, a motion to ratify the Advisory Parks, Recreation and Natural Resources Commission recommendation for the Crimson Leaf Trail sidewalk requirement of the Autumn Leaf 4th Addition. Aye: 5 Nay: 0 PEW SOSINES!_ ON-SALE LIQUOR LICENSES CODE AMENDMENT Mayor Egan introduced this item as consideration of a City Code Amendment,On-Sale Liquor Licenses. City Administrator Hedges explained that Matt Star had made a request on behalf of Panino's Restaurant to consider a change in the on-sale liquor license policy. Presently the remaining three licenses are designated for hotels and/or motels and Mr. Star had requested that one be released from that allotment for Panino's application. Mr.Hedges noted that if the City Council did decide to make a change in policy,it would not mean that a license would be earmarked for this individual. Mayor Egan explained that when these licenses were set aside,the City Council believed that every hotel proposed for the City would be a Class A hotel with a large restaurant. The Mayor said it later became apparent that the Bloomington strip would prove to be a psychological barrier to such a facility being built south of the river but now that policy may be antiquated. He then referred to the Holiday Inn Express and said it will not have a large,Class I restaurant but developer,Emmett Erpelding,was anticipating that the hotel would influence a Class I restaurant to locate nearby. Mayor Egan mentioned that with the 2000 census,additional licenses will be available and it may make sense to issue the licenses the City has and only reserve what is absolutely necessary. Councilmember Awada stated that the City has not seen the hotels it had anticipated but with the success of the Mall of America and with the Bloomington•strip'hotel vacancies approaching zero,the climate for a major hotel in the City may well improve. She agreed there should be some flexibility but since no Page 13/EAGAN CITY COUNCIL MINUTES October 19, 1993 additional licenses will become available for six more years,she suggested leaving two earmarked for hotels and possibly releasing one. She added,however,that since this is the City's final liquor license for some time,they should be very selective as to who it is issued to. In answer to a question,City Attorney Sheldon said councils have a certain amount of discretion with liquor licenses, however, considering the costs associated with set up, there would be significant practical and legal problems if the license were issued with a sunset provision. Mr. Sheldon stated there would likely be an argument if the establishment were successful and the City tried to retract the license just to change categories. •Councilmember Hunter stated he did not want to release two of the licenses now especially when he believed the City would attract a hotel in the next eight or nine years. In addition,he was reluctant to"pour cold - water' on the hospitality business now that it's just getting underway. Mayor Egan agreed noting that the Hampton Inn is expressing interest in the City and the City's existing hotels are enjoying a certain amount of success right now. Also, the Convention and Visitors Bureau is just coming on line and he does not want to restrict them. Mayor Egan mentioned that the City has been criticized at times for not providing amenities,i.e., first class restaurants, however, under scrutiny, the City is down to the bare minimum in terms of licenses available to provide such services. Councilmember Hunter said that perhaps the Legislature should loosen up the numbers for rapidly growing cities and suggested it may be well to work on the issue before it becomes a major problem. Martin Colon,owner of the Yankee Square Inn, agreed that the hospitality industry was doing well in Eagan mainly due to the Mall of America. He asked if a census was the only way the number of licenses could be increased. He said potential restaurants, such as Red Lobster or a Steak & Ale may be excluded if the number of licenses cannot be increased. Bruce Miller,Federal Land,mentioned the importance of a liquor license to Panino's Restaurant and questioned whether a total of three licenses would be enough for the next nine years. He indicated that both Burnsville and Bloomington had similar licensing problems but managed to resolve and receive additional licenses. He also suggested research into the issue. Wachter moved,Hunter seconded, a motion to continue a request by Matt Starr,Panino's Restaurant, for an amendment to the Eagan City Code for on-sale liquor licenses,in order to conduct further research into the issue of license allocations available to the City. Aye: 5 Nay: 0 MODIFICATION/SITE PLAN TOWN CENTRE 70-FIFTEENTH ADDITION Mayor Egan introduced this item as a request for a modification of the site plan, Town Centre 70- Fifteenth Addition. Director of Community Development Reichert explained the request and indicated that staff does not see the change as a problem and,may,in fact,improve the situation. If the modification is approved, Ms.Reichert suggested that a condition be added providing for a six foot concrete sidewalk around the service door on the retail building. Martin Colon, Federal Land, indicated no problems with the condition and noted that the original condition was an interpretation of the City Code. Hunter moved, Masin seconded, a motion to approve a modified site plan for Town Centre 70 - Fifteenth Addition, Kohl's Department Store, with the additional requirement of a six-foot concrete sidewalk around the service door on the retail building. Aye: 5 Nay: 0 17 Federal Land Company Yankee Square Office II • 3470 Washington Drive• Suite 102 • Eagan,Minnesota 55122 Tel. 612-452-3303 FAX 612-452-3362 October 28, 1993 Mr.Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan,MN 55122-1897 Dear Mr. Hedges: Following the City Council meeting on Tuesday,October 19,I have had discussions with representatives from the City of Burnsville and the City of Bloomington to determine how they were able to obtain additional liquor licenses. Both of these communities have liquor licenses available beyond the amount allocated by State statute. According to Ms. Susan Olson, the City Clerk for Burnsville, the Burnsville City Council requested special legislation from the State of Minnesota for a specific number of additional licenses. In their case, they requested and received five (5) additional liquor licenses. Although we did not discuss the details of the process to request special legislation,Ms.Olson stated that as long as the State Legislature is in session,that she thought this was a very easy and timely process. Another alternative for obtaining additional liquor licenses is to hold a referendum. According to Minnesota State Statute 340A.413 Subdivision 3a, "The governing body of a City may issue on-sale intoxicating liquor licenses over the number permitted under subdivision 1 when authorized by the voters of the City at general or special election."This is the method the City of Bloomington used many years ago and now they have an unlimited number of liquor licenses available. Mr. Hedges, it appears that if Eagan is going to compete with its neighboring communities and attract high quality, first-class restaurants and hotels, additional liquor licenses are going to be needed. Therefore,we respectfully request that the City Council consider taking the necessary steps towards obtaining additional liquor licenses. Furthermore,pursuant to Mr.Matt Starr's request for one of the remaining three licenses to be released,we would appreciate it if this amendment could once again be considered at the next council meeting on Tuesday, November 2. Your consideration and presentation of these items to the City Council is greatly app Sincerely, FEDERAL LAND C OMPANY C /or Bruce A. Miller Commercial Real Estate Advisor . IM M/Ids ca Man Starr-Panino's Restaurant tt city of ocigcin THOMAS EGAN Mayor November 9, 1993 PATRICIA AWADA SHAWN HUNTER SANDRA A.MASIN THEODORE WACHTER Council Members THE HONORABLE TIM PAWLENTY MINNESOTA HOUSE OF REPRESENTATIVES THOMAS HEDGES STATE OFFICE BUILDING ROOM 231 CityAdministrotor ST PAUL MN 55155 E.J. VAN OVERBEKE City Clerk ate: On-Sale Liquor License Dear MI;opeoWrigic: T ` .■, As a second class city, Eagan is authorized to have not more than 18 on-sale liquor licenses plus one for every 2,500 population over 45,000. Eagan currently has issued 15 of the licenses and has designated the remaining 3 for hotels. A request to change the designation of one of the 3 unissued hotel licenses, has been received for potential use in a restaurant. Prior to responding to the request, the City Council has asked staff to complete some additional research. We are aware of the referendum option where the votes can authorize the issuance of licenses over the number permitted in the statutes. We also understand that Burnsville was authorized 5 additional licenses through special legislation. Although Eagan's current population is approximately 53,000, it is the interpretation of our City Attorney's office that the 1990 U.S. Decennial Census of 47,409 must be used to determine the maximum number of licenses until the next decennial census. Consequently, from a technical standpoint, the City was 81 residents short of the 19th license in the last census and is probably eligible for 3 additional licenses at today's population, except for the timing problem. We would be interested in your perspective regarding the possibility of a legislative change which would recognize Eagan's unique growth situation. Given the development in Eagan, it is likely that additional non-hotel requests for licenses will be forthcoming. Without some additional flexibility in the issuance of licenses, it will be very difficult for the City Council to develop an approximate policy. This is an especially difficult issue as it relates to economic development considerations. Also, how do you feel about requesting a higher limit with licenses in the unissued status? MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PLOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN.MINNESOTA 55122.189) EAGAN,MINNESOTA 55122 PHONE:(612)68146600 PHONE:(612)681.4300 FAX:(612)681-4612 Equal Opportunity/Affirmative Action Employer FAX:(612)681-4360 TDD:(612)454-8535 TDD:(612)454.5535 TIM PAWLENTY NOVEMBER 9, 1993 PAGE TWO The City Council will again consider this issue at its meeting to be held on November 16, 1993. Any information you could provide would be greatly appreciated. Thank you for your assistance. Sincerely, E. J. VanOverbeke Finance Director/City Clerk cc: City Administrator Hedges • EJV/vmd 76) Agenda Information Memo November 16, 1993 City Council Meeting VARIANCE/JOHN VOGSTROM A. Variance,John Vogstrom,of 20'to the Required 30'Front Yard Setback,Located on Lot 2, Block 4, Drexel Heights Addition, in the SW 1/4 of Sec. 15--The staff report on this variance request is enclosed on pages through N The imposition of the shoreline setback requirements in the rear yard setback of 50' upon this existing platted lot appears to constitute a hardship. The resulting buildable area of the lot with a 30' front yard setback provides space for an 8' deep house. The applicant has requested a variance to allow a 10' setback in the front yard. This would not be as compatible with the adjacent homes as would a 20' front yard setback and then a 40' setback from the high water mark in the rear yard. This option would require a 10' variance to the front yard setback and a 10' variance from the rear yard shoreland setback. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the variance request of Mr. John Vogstrom of 20' to the required 30' front yard setback located on Lot 2, Block 4, Drexel Heights Addition in the SW 1/4 of section 15. SUBJECT: VARIANCE APPLICANT: JOHN VOGSTROM LOCATION: LOT 2, BLOCK 4, DREXEL HEIGHTS ADDITION EXISTING ZONING: R-1 (PD) DATE OF PUBLIC HEARING: NOVEMBER 16, 1993 DATE OF REPORT: NOVEMBER 5, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 20' to the required 30' setback from public right-of-way. PROPOSAL: The applicant is requesting a Variance to allow construction of a single family dwelling unit on Lot 2, Block 4, Drexel Heights Addition. According to the applicant, the required setbacks for the proposed dwelling are too great to allow construction on the lot. COMMENTS: The rear property line of Lot 2, Block 4, Drexel Heights Addition, abuts Fish Lake which is classified as a General Development Lake. The Shoreland Zoning Ordinance requires a 50' setback from the Ordinary High Water Mark (OHWM) of all General Development Lakes. Drexel Heights Addition received Final Plat approval in 1978. The Shoreland Zoning Ordinance was not adopted by the City of Eagan until 1985. The property is steeply sloped toward the lake. In order to maintain the 50' required setback from the OHWM, the applicant is proposing a 10' setback from the front property line rather than the 30' setback typically required. All other setback requirements, as proposed, have been met. The proposed garage will be set 23' back from the curb. The applicant has altered the proposed house plan to meet the required setback from the OHWM. The existing home adjacent to the property's south east property line meets the 30' front yard setback requirement. The existing home to the west was granted a variance to the 30' required front yard setback in 1980. This home sits at 20'back from the front property line. Both of these homes received building permits prior to the City's adoption of Shoreland Zoning Ordinance. In order to conform to the homes abutting this property, it would be preferable to allow the proposed home to encroach 10' into the OHWM setback. The proposed home would then be set back 20' from the public right-of-way, and 40' from the OHWM. Pat Lynch, Area 92 Hydrologist for the DNR, has stated that the DNR would recommend approval for this variance. If approved, this Variance shall be subject to all applicable City Code requirements. 93 • • METRO . 1875 PLAZA DR.'' SURVEYORS SUITE 200 x 00 55122 INC. of Survey fore 6/2)452-7850 SEASONAL BUILDERS LEGAL DESCRIPTION: LOT_ ,$LOCK_..4., DREXEL HEIGHTS ADD ACCORDING TO THE RECORDED PLAT THEREOF DAKOTA COUNTY,MINNESOTA SCALE : I".a e S a>• 14/oM w176 `t/hirr FA • 3� I S �`�-��"- .�s`Fivr e . r ol Am. L u T 2 �.'�` --•.�'~ N E O / z s !� a° r �So 9 4 tG STS "c< • `0• ✓/ .s t C, DO. x� .fc�C o r'' r..i.-t: oo,sis 3a,, tlM E•T-GENO 1 : ---- • VATION AT SERVICE EXTENSION ___ r • DENOTES IRON M UMENT P i •SE) GARAGE FLOOR ELEVATION• • DENOTES WOOD HUB SET PROPOSED FIRST FLOOR ELEVATION • DENOTES EXIST1NS SPOT PROPOSED SASEMEICT FLOOR • ELEVATION ELEVATION . DENOTES PROPOSED SPOT ELEVATION DENOTES DRAINAGE DIRECTION V. VERIFY ALL FLOOR HEIGHTS WITH FINAL HOUSE PLANS Ift hsr Borth that re survey,plan of i report vM prspored tr me or wmdor my direct supervision and that 1 0111 a duly Bradley ,.J. Swenoan, Mn. Rea No.IJE35 I Reeishr_od Land Surveyor WNW the _ -1,... . , ,, , , :-. ..... . It.. .... . 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I e• _ ' V' - 1 , .... , , .-i , / i / ‘,1 ,. . c■I , ! , , _N 4 1 • ` ' / ) 14 i I l 1 .1 \ Ii • .,) ‘ \ :1--1...li \ ... _ .....- % s,. , I , -- —■_._( 7 -s Agenda Information Memo November 16, 1993 City Council Meeting PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY PLAT SAFARI AT EAGAN 2ND ADDITION B. Planned Development Amendment, Safari at Eagan 2nd Addition/Eagan 30.7C Ltd Business, to allow a health club,movie theater, and restaurant within the Blackhawk Park Planned Development and Preliminary Plat consisting of three lots on approximately 14.7 previously-zoned CSC/GB (Community Shopping Center/General Business) acres located along the north side of Thomas Center Drive, west of Thomas Lake Drive in the SW 1/4 of Sec.28--The preliminary plat and the planned development amendment for this proposed project were considered at two separate Planning Commission meetings. The staff report on the preliminary plat is enclosed on pages 28fthrough � .The Advisory Planning Commission approved the preliminary plat at its meeting of S ptember 28, 1993, subject to the 17 conditions included in the Planning Commission minutes enclosed on pages / through . At that meeting, the Planning Commission raised issues with the uses proposed in the preliminary plat. The commission therefore attached condition 15 to the approval of the preliminary plat which states: 'The owner shall amend the existing planned development agreement by adding the specific conditions associated with this development and the approval of the preliminary plat shall not be construed as an approval, either implied or expressed, of any planned development uses in the preliminary plat. Any planned development uses on the property shall be approved by the City Council." The Advisory Planning Commission then considered the overall amendment to the planned development at its meeting of October 26, 1993. The staff report is enclosed on pages/Q through//J and the APC minutes regarding the planned development are enclosed on pages ,/?through 422. Because the original planned development agreement for the Blackhawk Park Planned Development had expired in June, 1992, the commission and City Council have three basic options for action: 1) Extend the planned development final approval as originally requested by the applicant, allowing a 7,500 square foot restaurant on Lot 1, a 1,577 seat movie theater on Lot 2 and a 6,500 square foot health club on Lot 3, 2) terminate the planned development for Outlot A, Safari at Eagan, and rezone to limited business or 3) approve a final plan development for Lot 3, to permit construction of the proposed 65,000 square foot health club and approve an amended preliminary plan development for Lots 1 and 2 to permit eventual development of limited business uses. After much discussion,the Advisory Planning Commission recommended to the City Council option 3, subject to the conditions set forth in the minutes of the October 26 meeting. Also enclosed on page 423 is a copy of a memo from Parks and Recreation. On Monday, November 8, Community Development staff met with the applicant, Byron Watschke, to discuss his response to the Planning Commission's recommendations. At that time, Mr. Watschke indicated he would still prefer approval of his original request. Staff indicated that he could make that request to the City Council but that the staff concurred with the conclusion of the Advisory Planning Commission and would so indicate to the Council if asked. 7‘ Information Memo November 16, 1993 City Council Meeting Mr.Watschke then indicated that he would be willing to compromise with a smaller theater such as a four screen, 600 seat theater/restaurant combination. Again, staff indicated that Mr.Watschke could propose that to the City Council but that it appeared to staff that would not be consistent with the recommendation of the APC and if asked, staff would not support such a compromise. Staff indicated that the APC seemed to be recommending a compromise option already by approving the health club. Mr. Watschke then asked for some clarification and revision of the conditions set forth by the Planning Commission on the final planned development on Lot 3. Staff believes that Agenda these revisions would be acceptable and in the spirit of the conditions set forth by the Advisory Planning Commission. These revisions are as follows: Condition #3: The applicant would like to amend this condition such that the berming and landscaping would be installed up to the Williams Brothers Pipeline easement at the time of the health club opening and the berm and landscaping would be completed across the entire northern property line by November 1, 1994. Condition #6: The applicant intends to construct the building of brick, glass and some other decorative materials. This would be provided on the front and sides of the building only. The rear of the building would be a colored scored concrete. Condition #7: The word "usable" should read "visible." Condition #9 should read "Submission of final grading, landscaping, lighting, parking and architectural plans to be incorporated into the final planned development agreement." Community Development staff has consulted with the City Attorney's office regarding the proper procedures to follow in dealing with expired planned developments. If the City Council chooses to support the APC recommendation (Option C) or Option B, it will be important for the Council to articulate its rationale as part of its discussion and motion. Because the Land Use Guide Plan currently sets forth a CSC designation on this property, the Council should indicate that it has recognized the plan is out of date with respect to our commercial land use plan and has directed a commercial land use/market study and plan amendment. Enclosed without page number is a copy of a memo and attachment Fortune Realty provided staff on Friday. Staff will review and prepare a response for distribution with the administrative packet on Monday. Also enclosed for Council review on pages illkhrough Za letter from William J. Hodapp representing the views of the Thomas Lake Country Homeowners Association. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a final planned development on Lot 3, subject to the nine conditions set forth by the Planning Commission, as amended per the applicant's requests; 2) an amended a preliminary planned development on Lots 1 and 2, subject to the three conditions set forth by the Advisory Planning Commission; and 3) a preliminary plat for the Safari at Eagan 2nd Addition in the Blackhawk Park Planned Development, requested by Eagan 30.7C Limited Partnership, located in the SW 1/4 of Section 28. 7 SUBJECT: PRELIMINARY PLAT (SAFARI AT EAGAN 2ND ADDITION) APPLICANT: EAGAN 30.7C LIMITED PARTNERSHIP LOCATION: SW 1/4 OF SECTION 28 EXISTING ZONING: PD-CSC(PLANNED DEVELOPMENT.COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: SEPTEMBER 28, 1993 DATE OF REPORT: SEPTEMBER 21, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat of three lots on approximately 14.7 previously-zoned CSC acres within the Blackhawk Planned Development. EXISTING CONDITIONS/BACKGROUND: The site is located south of Thomas Lake Woods Addition, west of Thomas Lake Road, north of Thomas Lake Center, and east of Woodgate 1st Addition and is zoned PD-CSC(Planned Development-Community Shopping Center). All three proposed uses are permitted within a CSC zoning district. The Comprehensive Guide Plan Amendment designates this area as CSC; the proposed uses are consistent with the Guide Plan. This site, as well as the Thomas Lake Center, was a cultivated field prior to its being platted as Safari At Eagan in 1981. At that time, the subject parcel was platted as Outlot A, Safari at Eagan. Subsequently, Thomas Lake Center.and Yocum Oil (Texaco) Additions were platted. The existing vegetation on the rolling site has only been what has seeded naturally since 1981. In April 1988 Mentor Development Corporation rezoned 39 acres, abutting this property to the north (within the same Planned Development) from R-4 (Multiple), PF (Public Facilities), and R-3 (Townhouse) to R-3 and R-1 (Single Family). The Woodgate Additions abutting the west property line were platted in the early 70's. Hickory Lane is a dead-end road; during the platting of the Safari At Eagan Addition in 1980, there was minimal mention of Hickory Lane. Rather, discussion focused on the newly-created loop street, Thomas Center Drive. A 100' Williams Brothers Pipeline easement is located on the western portion of this site. No buildings can be constructed on this easement and it will be necessary to lower this pipeline with grading and proposed parking lot construction. Two ponds are located on-site, one in the southwest corner on Cliff Road (Pond BP-39) and another much larger wetland area in the northeast corner on Thomas Lake Road. The developer originally submitted plans to be reviewed at the August Advisory Planning Commission meeting; however, after the first neighborhood meeting he continued a month to reconcile concerns of neighbors. Plans were further revised based on City staff's and neighbors comments and were submitted for review at a second neighborhood meeting. After the second meeting, a new landscape architect was hired to prepare plans based on the comments from staff and neighbors. This plan was reviewed by a representative of the neighborhood. The following is an abbreviated list of the items which were agreed upon during the neighborhood meeting: o The parallel parking on the north property lines for both the theater and health club has been removed per staff's request. • The theater and health club buildings have been shifted further to the south and the buildings have been lowered. o A berm has been added to the northerly property line. ▪ More dense plantings have been added along the north and west property lines. o A 6' cedar, non-climbable fence on the northwest property line must be added which will serve as a physical and noise barrier. o The parking lot east of the health club has been lowered and retaining walls added and modified (terraced) to permit landscaping. • The number of parking spaces has been reduced and moved further away from the residential area adding green space to the rear of the theater and health club buildings. o The theater has been redesigned so the footprint is not as long against the north property line. COMMENTS: The proposed Preliminary Plat contains three lots. Lot 1 is 2.2 acres; Lot 2 is 6.6 acres; and Lot 3 is 4.1 acres. Access to these lots is from the existing Thomas Center Drive which is signalized at Cliff Road. Cross-parking easements are being proposed for all three lots. The total amount of parking spaces provided is 838, the total amount required is 818. The parking plan utilizes angle parking with 10' stall widths, 20' one-way drive aisles, and 24' two-way drive aisle widths. All meet City requirements. LOT 1: Lot 1 contains an approximately 7,500 sq. ft. Class I restaurant with a total seating capacity of 242 seats requiring 81 parking stalls which have been provided for. Lot 1 is severely limited in building placement as the Williams Brothers Pipeline reduces the buildable area to less than half. The building meets all setback requirements. The building 94? itself will be a single-story brick building with the main entrance facing west into its parking area. The proposed trash enclosure is attached to the building and constructed of the same building material. All heating,ventilating, and air conditioning equipment shall be screened so as not to be visible from Thomas Center Drive and Cliff Road. The west property line of the restaurant site has many mature trees. Landscaping has been increased, including a fence. The top building elevation is 959'; the fence top elevation ranges from 960' to 965' at the north property line of Lot 1. The applicant provided first and second story elevations for the existing units to the west; the fence is higher than all first level elevations. LOT 2: Lot 2 contains a six-screen movie theater with 1,577 seats and 502 parking spaces which is a 1:3.14 parking space requirement; City Code requires 1:3. The original plan had 568 parking spaces or 1:2.7 which exceeded the City requirement; however, staff's recommendation was to remove some of the proposed parking on the rear (north) side of these buildings near the townhomes. The brick and block building is situated in the northeast corner of Lot 2, again due to the 100'wide pipeline easement. Two access points have been provided for this lot the southernmost access is shared with Lot 1 and does line up with the existing shopping center access point; the second access is shared with Lot 3 and is very close to lining up with the access point for the existing center. At this access point, the developer is showing an uninterrupted drive aisle to the theater and also to Lot 3. By providing this, parked cars will not be able to back into traffic and allows channelized traffic flow to the fronts of buildings for drop-off/pick-up. As proposed, the building and parking setback requirements are met. Staff recommended to the applicant that the buildings be shifted south allowing a greater separation between the existing townhomes to the north; the revised plans demonstrate an 85' building setback from the north line. The building has been modified from the original submission. Originally, the building was more rectangular shaped which has since been revised to a more square building, shortening the width of the building that would potentially be seen from the neighbors to the north. In addition, the building has been lowered to reduce impacts on surrounding properties. Trash/recycling will be located within the building. Rooftop mechanical equipment shall not be visible. A sidewalk shall be provided on the north (rear) side of the building for emergency exits. LOT 3: A health club, Lifetime Fitness, has been proposed for Lot 3. The 65,000 sq. ft. building (43,000 sq. ft. footprint) provides 255 parking spaces; a ratio of one space for 255 sq.ft. There is no parking ratio designated in the City Code for health club facilities. Data counted by the Institute of Traffic Engineers (ITE) indicates a ratio of four spaces per 1,000 sq.ft. of building. This would require 260 spaces. The applicant has proposed 255 spaces, five below the ITE standard. The cross-parking easements will easily absorb those five spaces. The applicant has responded to neighborhood concerns about noise from the easterly parking area by not allowing parking in this area during evening hours. Access is provided from a shared access point with Lot 2 and another access point 325' east of the shared one. The 28'building is proposed to be constructed of a buff color brick with hunter green accents; a glass dome atrium highlights the entrance to the building. This facility will have limited membership and will be open 24 hours with peak times from 3:00-9:00 p.m. Rooftop mechanical equipment shall be screened from view; trash and recycling shall be contained within the building. The landscape ordinance requires at least 5% landscaping for parking lots over 50 stalls. This has been required for all three lots. LANDSCAPING: The landscape/screening plan was prepared after receiving the input of the surrounding property owners at the neighborhood meetings. A large berm approximately 15' tall will be constructed along the north property line; a 6' wooden fence is proposed at the top of that berm that will be maintained on both sides by the commercial properties. Heavy landscaping is also proposed with Sugar Maple,Amur Maple,Sumac,and White Pines varying in size from 6-12' tall located on both sides of the fence. This mixture of planting and the prairie mixture/wildflower ground cover will provide year-round screening, as well as color and interest. The same planting scheme is proposed along the west property line. The applicant has agreed to install the fence and perimeter landscaping after the initial grading and restoration. The fence is beneficial for safety purposes along the west property line where 8-14' retaining walls are proposed. Irrigation will be required in all turf grass areas. SIGNAGE: A revised overall signage plan has not been submitted; however, the developer has agreed to submit an overall plan. In addition, a lighting plan will be necessary to ensure lighting will not shine into the nearby existing homes. GRADING/DRAINAGE/EROSION CONTROL: The majority of this site will be graded to prepare the development for the buildings and parking lot. The preliminary grading plan submitted with this application shows maximum cuts of 12' and maximum fills of 16'. The final grading plan shall protect the row of trees along the west edge of the site. The trees provide screening from the existing residential homes and the proposed commercial development. The preliminary grading plan shows that approximately 800' of the existing Williams Brothers Pipeline will need to be lowered. The developer proposes to lower the pipeline to allow the parking lot construction to occur over the pipeline. Drainage from this site is proposed to be directed to two ponds. The first pond, Pond BP- 39 which is an existing pond located in the southwest corner of this site along Cliff Road, receives drainage from Cliff Road and the surrounding residential developments. The storm water runoff generated from the proposed restaurant located on Lot 1 shall be directed to Pond BP-39. The final grading plan shall provide a pond storage volume of 5.3 acre-feet for Pond BP-39. A storm water runoff from Lots 2 and 3 shall be directed to a new pond which is an existing wetland along the east edge of this site. The pond, which is Pond BP- 13.1, shall provide a pond storage volume of 2.4 acre-feet and a maximum discharge rate of 3 cfs. The development will be responsible for providing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. The preliminary grading plan shows three sets of retaining walls. The retaining wall along the west edge of the site or along Hickory Lane is shown to be 12' high. The retaining wall along the east edge of the site or along Pond BP-13.1 is shown to be a maximum of 14' high. The proposed retaining wall along the south edge of the proposed restaurant on Lot 1 is shown to have a maximum height of 8'. The final grading plan shall include detailed plans and specifications covering the construction of the proposed retaining walls. WATER QUALITY AND WETLANDS: This proposed development is located just west of Thomas Lake in Drainage Basin B. The development of Lots 2 & 3 will generate runoff that will discharge to a new pond (Pond BP-13.1) that will outlet to an existing storm sewer along Thomas Lake Road. The existing storm sewer line receiving the discharge bypasses Thomas Lake and will eventually enter Blackhawk Lake, one of six Class 1 direct contact recreation lakes identified in the City's water quality management plan. Because of the large size of this development, the high amount of impervious surface proposed, and the importance of the nearest downstream recreational lake, staff will recommend that the developer meet water quality treatment requirements through on-site ponding. A two-cell treatment pond meeting NURP design standards will be recommended for Pond BP-13.1. The wet pond volume required for this pond system will be approximately 4.7 acre-feet. Staff will also recommend that the impervious coverage of the site not exceed 75%. 8'02 The developer's consultant has identified and delineated the only wetland on the site. The developer proposes to use the wetland for stormwater treatment and will install an outlet for the pond at an elevation that will at least maintain the current wetland area. No filling or draining of the wetland will be necessary, so no further analysis is required. These recommendations are subject to the approval of the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: 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. Water main service of sufficient size, pressure and capacity is readily available in Thomas Center Drive and Hickory Lane. The preliminary utility plan shows looping a line from the 6" water main stub in Hickory Lane through Lots 2 & 3 and connecting to the existing 6" water main stubbed out of Thomas Center Drive. The existing 11/2" copper water service lines and the 6" sewer service lines that will not be utilized by this development but are stubbed to this site from Thomas Center Drive shall be capped and abandoned according to City standards. STREETS/ACCESS/CIRCULATION: Street access is readily available to serve this site from Thomas Center Drive which is a looping street from Cliff Road to Thomas Lake Road. Thomas Center Drive has a traffic control signal at its intersection with Cliff Road. The site plan shall be revised to show a minimum of 24' wide drive aisles for 2-way traffic. The proposed parking lot shall include concrete curb and gutter along the islands rather than striped islands to delineate the traffic patterns. City staff recommends that the driveway opening for the restaurant on Lot 1 shall be provided opposite the existing driveway which serves the shopping center located 220'north of the north right-of-way line of Cliff Road. Providing access to Lot 1 in this location eliminates the need for a drive aisle along the south and east sides of the proposed restaurant. The preliminary site plan shows two other driveway connections to Thomas Center Drive to serve the proposed development on Lots 2 and 3. EASEMENTS/RIGHT-OF-WAY/PERMITS: The final plat shall provide a drainage and utility easement over Pond BP-39 and Pond BP-13.1 up to 3' above the high water level of the ponds. The development will be responsible for obtaining permits from all regulatory agencies (MPCA, MWCC, MnDept.of Health,Dakota County Highway Department,Williams Bros. Pipeline Company, etc.) prior to final plat approval. The developer has begun negotiations with Williams Bros. Pipeline Company to see if the pipeline can be lowered. g33 FINANCIAL OBLIGATION - SAFARI AT EAGAN 2ND Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Rate Quantity Amount Lateral Benefit Water Trunk $26.05/F.F. 182.37 F.F. 11,251 There are levied assessments with an unpaid balance of $563 on the parcel which is proposed for platting. This outstanding assessment balance will be allocated to the newly created parcel. ?;51 CONDITIONS OF PLANNED DEVELOPMENT FOR SAFARI AT EAGAN 2ND 1. A Planned Development Agreement shall be entered into prior to Final Plat. 2. All buildings shall be architecturally compatible as part of the Planned Development. 3. All buildings will be reviewed by the Advisory Planning Commission and approved by the City Council. 4. All buildings shall be constructed of brick on all sides of the building. 5. The landscaping and fencing shall be installed with the first phase of construction. 6. Irrigation shall be required in all turf grass areas. 7. All trash/recycling enclosures shall be attached to, or enclosed within the building. If attached, it shall be made of the same building material as the primary building. 8. An overall signage plan shall be submitted showing location, size, and height for pylons and all building-mounted signs. 9. A lighting plan shall be submitted—no off-site spillage shall be allowed. 10. All rooftop mechanical equipment shall be screened. 11. All Sign Code requirements shall be met. CONDITIONS OF PRELIMINARY PLAT APPROVAL FOR SAFARI AT EAGAN 2ND 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B4, Cl, C2, C4, El, Fl, 01, and H1 2. The storm water runoff generated from the proposed restaurant located on Lot 1 shall be directed to Pond BP-39. 3. The final grading plan shall provide a pond storage volume of 5.3 acre feet for Pond BP-39. 4. The storm water runoff generated from Lots 2 and 3 shall be directed to Pond BP- 13.1, which is the existing wetland along the east edge of the site. 5. The final grading plan for Pond BP-13.1 shall provide a pond storage volume of 2.4 acre feet, a maximum discharge rate of 3 cfs, and a wet pond volume of 4.7 acre feet. 6. The final grading plan shall include detailed plans and specifications covering the construction of the proposed retaining walls. 7. The sanitary sewer service to each lot shall include a manhole at the property line. 8. The existing 11/2" water service lines and the 6" sewer service lines that will not be utilized by this development but are stubbed to this site shall be capped and abandoned. 9. The site plan shall be revised to show a minimum of a 24' wide drive aisle for 2-way traffic. 10. The proposed parking lot shall include concrete curb and gutter along the islands rather than striped islands. 11. The driveway opening for the restaurant on Lot 1 shall be provided opposite the existing driveway which serves the shopping center located 220' north of the north right-of-way line of Cliff Road. 12. The final grading plan shall protect the row of trees that are along the west lot line of this site. 13. A ponding and utility easement is required to an elevation of 3 feet above the calculated high water level of Ponds BP-39 and BP-13.1. 76 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. • 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications, 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. U • 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included,in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any Improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision,zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 1987 September 15. 1987 Revised: July 10. 1990 Revised: February 2. 1993 • • LTS*5 STANDARD.CON v Safari a Eagan 2nd Addition �,�I '4`I 9 ixn? ,1 l; 1 ItiL I u• {`,t�. �. . t • II I I;I` 1\ )/•,.,i!-c •._ _- - 3 14 --1- . J i <[ �1 r\1/) / i41, % ,.,,,,,,v•s' �T� ,,,"p s ! i J ? 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CITY OF • C EAGAN ) ■■■■•■•■•■■•■•••■••••••■ 2 Vit ... ...1”.. 1; ia i I 411.0■=1 = <■..■.0 a W: .. I --- . 3 1 er WM ■ E • • ____ .._. ......_ _ ._... ...._ .__ ......_ ..........._ i . < 1,1 . —........I ...........- .....,-- 1!) 5 la . 4..-. - ,.• . r`. . g .. . t• ■ 4444. ,• 16 < .. 41 tri . . . \ : . • litt Z C 0 C D 1 F CD . , 4. - 0 a) .., ....- !.i'.: , . ... Gr..' Z ..:,' °3 o w % 1 *•.:7 % It 5• 4 ..-: glk .... ..- -- ...1 1.., '\ 4 8: ii... ...„, - , 4, f■L ..4 !:: ...I i. ) ire 1.■ 0 . ;$ - ig o • if is 1 • (.6 I (.--) ....--• , gir• • AC" 144., s.rsecs , 8 ....ISM ",..,. .........] F) ll ........I. C...1■ 041. i II.......— .......■... t 1 1 II 8 ......) 1 / ; , • o 1! ',...,- , ..• 1.• Z.3' :1 . s •. . „••" (_—) 4 li ....,s, ,..-2-\ e■ ) . , i• ; : k ,,... , __ ..... 1 k ps ___ cs di _______. ___ --A.—. -—___ —:f.--- --- ___ SP -- •• , I . _____ ___ -------1*- la—, ' ;-— , -3 - al, t — -._. _ , r....._!,. t • „ '-- 4 -:i :■,:,'0 } • 11 \ ....:....: . , , • ,•:. z•I N-.........,......, , • • 1 %...•• I 0, 96 EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 SAFARI AT EAGAN 2ND ADDITION - EAGAN 30.7C LTD. PARTNERSHIP Chairman Voracek opened the first public hearing of the evening regarding a Preliminary Plat consisting of three lots on approximately 14.7 previously-zoned CSC/GB (Community Shopping Center/General Business) acres within the Blackhawk Planned Development located along the north side of Thomas Center Drive in the SW 1/4 of Section 28. City Planner Sturm stated that the preliminary plat was originally set to be reviewed at the August Advisory Planning Commission meeting but was continued at the applicant's request to allow the applicant to meet with the surrounding neighbors at a neighborhood meeting. Mr. Sturm noted several changes to the original plans resulting from the applicant working with City staff and neighbors, such as: the proposed buildings on Lots 2 and 3 have been moved southerly on the lots; the buildings' elevations have been lowered; parallel parking on the north property lines for Lot 2 and 3 have been deleted from the plans; and landscaping and cedar fencing along the north property lines of Lots 2 and 3 have been added to the plans. Mr. Sturm further stated that the proposed use on Lot 1, 2.2 acres, is a 7,500 sq. ft. Class I restaurant with a total seating capacity of 242 and the required 81 parking spaces. He further stated that Lot 2, 6.6 acres, is intended to be used for a 6-screen movie theater with 1,577 seats and 502 available parking spaces. Mr. Sturm ei,;? Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 noted that the 502 parking spaces is a reduction from the previous plan due to the moving of the building. He stated that the proposed use for Lot 3 is a health and athletic club establishment, Lifetime Fitness, having a 65,000 sq. ft. building with 255 available parking spaces. Finally, he requested that two additional conditions be added to the preliminary plat approval: (1) The applicant be responsible for preparing and recording all necessary cross-parking easements, approved by the City Attorney's office, with the final plat; and (2) The owner is required to amend the existing planned development agreement by adding the specific conditions associated with the proposed development. Byron Watschke, a representative of the applicant, introduced the applicant's consultants for this project: Paul Thomas of Pioneer Engineering, Bob Mueller, the applicant's landscape architect, and Carl Dale, the development planner. Mr. Dale commented that any trash/recycling enclosures required for the sites will be attached to the buildings. He further noted that the building facade will be a mix of block and brick. Mr. Dale explained that the anticipated Phase I of the development will be the construction of the health club on Lot 3. He explained that during this time the landscaping required under the landscape plan will be completed on that lot and portion of Lot 2. He explained that the need to lower the Williams Pipeline, which is located in Lot 1 and portion of Lot 2, may require the delay of landscaping in that area. He noted that the proposed restaurant for Lot 1 is increased from 7,500 sq. ft. to 8, 000 sq. ft. Mr. Dale further noted that the number of screens in the proposed movie theatre may be 7 or 8 screens, not 6 screens and the square footage for the proposed health club on Lot 3 may be slightly smaller than presently planned. Member Wallace arrived at the meeting at this time. William Hodapp, 4528 South Mallard Trail, noted he was the spokesperson for members of the Thomas Lake Homeowners' Association, consisting of the owners of the townhomes in the Country Home Development. He further noted that the majority of the association members were not first time home buyers and were there to stay. He stated that residents were concerned that their "tranquil and park-like setting" would be destroyed as a result of the planned development. He reasoned that the proposed uses in the development will increase the crime rate, increase the noise, increase the traffic and the safety risks from such traffic increase, the invasion of the night lights and food odors from the proposed restaurant. Mr. Hodapp stated that the residents, however, have a "real world en" Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 attitude" with which the residents knew development would occur in that area but believed the uses would be 9:00 a.m. to 6:00 p.m. businesses. Mr. Hodapp stated that the residents felt the proposed restaurant use was "acceptable," and that the health club could "co-exist" with the residential area. However, the residents, as stated by Mr. Hodapp, were "not happy" with the proposed movie theatre use. Finally, Hodapp requested the Commission to recommend to the City Council the following conditions for preliminary plat approval: 1. All landscaping as required in the landscape plan be completed; 2. All landscaping requirements under the landscaping plan be completed before any building construction; 3. All property night-lighting not diffuse out into the residential areas; and 4. Restrict all garbage collection on the property to the hours of 8:00 a.m. to 6:00 p.m. Theresa Wilson, 4601 Beacon Hill Court, concurred with the concerns expressed by Mr. Hodapp and added her concerns regarding the proposed restaurant on Lot 1. Ms. Wilson, stating her understanding that the proposed restaurant would be similar to a Chammp's Bar & Grill, opposed this type of restaurant in that development. She stated this bar-type establishment would create a parking overflow into her residential area, an increase in traffic on Cliff Road, an increase in traffic noise at night on Cliff Road, and the potential for vandalism in her neighborhood. She stated that a bar-type establishment and a residential area is not conducive to each other and such an establishment belongs in a business type area. Member Merkley arrived at the meeting. Member Miller noted that he had only one specific objection to the total proposal, that being the movie theatre. Member Isberg concurred with Member Miller adding his compliments to the Thomas Lake Homeowners' Association on their organized presentation to the Commission. He further noted that a movie theatre, restaurant and health club, as a whole, may be an intense use. 9? Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 Member Merkley questioned whether Eagan can support another health club and/or movie theatre to which Member Miller noted that such a question must be left to the competitive market and should not be the Commissions' concern. Bahram Akaradi, owner of Lifetime Fitness, stated that a market for another health club does exist. Mr. Akaradi also noted that the health club intends to be open 24 hours a day but limit its total membership to 8, 000 persons. Mr. Akaradi also advised the Commission that an estimated 40 to 50 people total would be present at the health club between the hours of 11:00 p.m. and 5:00 a.m. and 70 to 80 people per hour between the hours of 6:00 p.m. to 8:00 p.m. on Mondays, Tuesdays and Wednesdays. In response to Member Isberg's inquiry as to the operator of the proposed movie theatre, the property owner stated that the operator is unknown at this time but it will be a budget run theatre. Member Miller stated he would not approve the movie theatre as a use in this development at this time because the operator was unknown, the exterior construction of the building was unknown and the potential for an increase in night traffic. Member Merkley concurred with Member Miller and suggested that because the plan as presented was merely a concept plan that the developer should come back to the Commission when the uses of the property are more certain. Chairman Voracek noted that the Commission is asked to address all three lots as a whole, noting all three proposed uses are permitted under the Code but that he concurs with Member Miller's objections to the movie theatre. In response to Chairman Voracek's question as to the proper procedure for deciding on the issue of approving or denying the preliminary plat, City Attorney Margarit advised the Commission that they must decide the preliminary plat as presented to the Commission and may not deny a part of the plat and approve the remaining part. She further advised that a planned development agreement may be made a condition to the preliminary plat and accordingly the Commission may approve the plat now and decide the planned uses at a later date. Community Development Director Peggy Reichert concurred with City Attorney Margarit. /°4.°1 Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 A resident from Hickory Lane stated her concerns of increased traffic should the proposed uses be approved. Joan Bauer, 1646 Mallard Drive, noted that Mallard Drive is the only through street between Diffley Road and Cliff Road, and Johnny Cake Ridge Road and Thomas Lake Road. She questioned whether the City intends to make Hickory Lane or Clemson Drive a through street in the future as a result of the proposed development. Community Development Director Reichert stated it is not foreseeable that there will be an increase in traffic on Mallard Drive as a result of the proposed development. Member Hoeft suggested that a traffic study be conducted to determine the proposed development's impact on the area streets, if any. Community Development Director Reichert also suggested that an added condition be made to the preliminary plat: that the developer must come back to the Commission for approval of planned development uses. Miller moved, Gorman seconded, the motion to approve a Preliminary Plat consisting of three lots on approximately 14.7 previously-zoned CSC/CB (Community Shopping Center/General Business) acres within the Blackhawk Planned Development located along the north side of Thomas Center Drive in the SW 1/4 of Section 28, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B4, Cl, C2, C4, El, Fl, G1 and H1 2. The storm water runoff generated from the proposed restaurant located on Lot 1 shall be directed to Pond BP-39. 3. The final grading plan shall provide a pond storage volume of 5.3 acre feet for Pond BP-39. 4. The storm water runoff generated from Lots 2 and 3 shall be directed to Pond BP-13.1, which is the existing wetland along the east edge of the site. /O/ Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 5. The final grading plan for Pond BP-13. 1 shall provide a pond storage volume of 2.4 acre feet, a maximum discharge rate of 3 cfs, and a wet pond volume of 4.7 acre feet. 6. The final grading plan shall include detailed plans and specifications covering the construction of the proposed retaining walls. 7. The sanitary sewer service to each lot shall include a manhole at the property line. 8. The existing 1 1/2" water service lines and the 6" sewer service lines that will not be utilized by this development but are stubbed to this site shall be capped and abandoned. 9. The site plan shall be revised to show a minimum of a 24' wide drive aisle for 2-way traffic. 10. The proposed parking lot shall include concrete curb and gutter along the islands rather than striped islands. 11. The driveway opening for the restaurant on Lot 1 shall be provided opposite the existing driveway which serves the shopping center located 220' north of the north right-of-way line of Cliff Road. 12. The final grading plan shall protect the row of trees that are along the west lot line of this site. 13. A ponding and utility easement is required to an elevation of 3 feet above the calculated high water level of Ponds BP-39 and BP-13. 1. 14. Developer shall be responsible for preparing and recording with the plat, easements for ingress and egress and cross- parking. The easements must be submitted and approved by the City Attorneys' Office prior to final plat approval. 15. The Owner shall amend the existing plan development agreement by adding the specific conditions associated with this development and the approval of the preliminary plat shall not be construed as an approval, either implied or expressed, of any planned development uses in the preliminary plat. Any planned development uses on the property shall be approved by the City Council. /& 2 Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 16. A traffic study shall be conducted to determine the development's impact on the area streets. 17. The Developer shall complete all landscaping as required under the landscaping plan prior to the issuance of any building permit, replace any and all trees lost within 5 years of the development, design all outdoor lighting for the development in order to prevent the lighting from diffusing into the neighboring residential areas and restrict any and all garbage collection to the hours of 8: 00 a.m. and 6:00 p.m. All present voted in favor. /°_3 SUBJECT: PLANNED DEVELOPMENT AMENDMENT BLACKHAWK PARK PLANNED DEVELOPMENT APPLICANT: EAGAN 30.7C LIMITED PARTNERSHIP LOCATION: OUTLOT A, SAFARI AT EAGAN EXISTING ZONING: PD-CSC (PLANNED DEVELOPMENT-COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: OCTOBER 26, 1993 DATE OF REPORT: OCTOBER 21, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT Application Summary: The applicant has applied for a Planned Development Amendment to permit three lots with the following uses: Lot 1 - 7,500 sq. ft. Class I restaurant; Lot 2 - 1,577 seat second run movie theater; and Lot 3 -65,000 sq.ft. health club (Lifetime Fitness). Applicable Zoning Regulations: Section 11.40, Subd. 6 and Section 11.20, Subd. 2.A and 2.B. Background of Application: The Advisory Planning Commission considered the preliminary plat for this proposal at its meeting of September 26, 1993. At that time, the Advisory Planning Commission approved the Preliminary Plat subject to several conditions,including: 15. The owner shall amend the existing Planned Development Agreement by adding the specific conditions associated with this development and the approval of the Preliminary Plat shall not be construed as an approval either implied or expressed of any Planned Development uses in the Preliminary Plat. Any Planned Development uses on the property shall be approved by the City Council. The reasons for this condition were both procedural and substantive. Procedurally, the proposed development requires both platting of the property and an amendment to or final approval of the Planned Development. The City Zoning Ordinance, Section 11.40, Subd. 6, requires approval of final development plans prior to the issuance of building permits. Essentially, the PD process in the City of Eagan is a two step process in which a preliminary plan is approved indicating the generalized land uses, the staging plan, parks and pedestrian circulation and general sketch plan. Then, as the specific PD is developed over time,each stage is developed into more detail and a final development plan, including a Final Plat, final building drawings and specifications and final site plan and landscape schedule are brought forth for approval. This process of final PD approval has /95' not always been followed in a technical sense in recent years. Rather, final PD approval was in effect incorporated in approval of the plat. The problem with this approach, however, has been that the specific use at the time of platting was not always known. Secondly, the conditions pertaining to the specific use and its site plan have not always been properly recorded with the Planned Development Agreement. Although many of the site plan conditions were attached to approval of the Final Plat, these conditions have not been filed with the plat. Another problem with trying to incorporate site plan conditions at the time of the platting may arise in the case in which the developer may want to plat parcels to be able to market them prior to arranging for specific use of the property. The City Council has been reluctant to give approval to Final Plats without knowing the specific users and the specific development to be constructed. Following the process set forth in the City Code for final PD approval should give the City adequate review and regulatory mechanisms over the specific developments. Substantively, the proposal for the development of this last segment of the broader Blackhawk PD raised some fairly significant and fundamental land use issues before the Advisory Planning Commission. A review of the history of the Blackhawk PD may shed some light on the reasons for the current potential land use conflicts. History of Blackhawk PD: The Blackhawk PD was originally conceived in concept and approved by the town board of Eagan in 1972. The concept was further revised and given official approval as a PD in 1977. The Blackhawk Park PD incorporated a very large area of the City extending essentially on the east side of the now existing I-35E from Pilot Knob/35E on the north to Cliff Road on the south (Figure 1). The original PD approved in 1977, was essentially a very generalized land use plan for this area. Other elements of a PD called for now in the zoning code such as a sketch plan for streets, utilities, lots and blocks, a layout for future planning, a staging plan and a park and pedestrian circulation were not specifically detailed at that time in this early PD. This very generalized type of PD was very prevalent in Eagan at that time. The original PD called for a commercial area at Cliff and Thomas Lake Roads with high density residential immediately to the north. Medium to high density residential and a community center were envisioned for the area immediately north of the high density area (Figure 1). The Blackhawk Park PD was approved for a period of 15 years or until June 21, 1992. The overall planned development was revised on numerous occasions as it developed over the ensuing fifteen year period. A chronology of these amendments as affects the southern half of the Blackhawk Park PD is provided in the attached appendix. The result of these amendments over the years was to reduce significantly the density and intensity of the development. Furthermore, the commercial area at the southern end at Thomas Lake and Cliff Roads evolved more as a neighborhood shopping center than as a major community shopping center. The Thomas Lake Center was originally intended to include a Red Owl Super Market and Snyder Drug Store. As commercial/retail areas have evolved over the /[ S past 10-20 years, two types of retail centers have emerged: either very low impact neighborhood oriented shopping areas such as Thomas Lake, or much larger scale community wide shopping centers with large scale discount stores and mass merchandising, such as Town Centre or Cliff Lake Centre. The major changes in shopping patterns and shopping center developments over the past decade have been most evident in the evolution of the grocery store. Classic City planning of the 1920's-1950's envisioned neighborhoods each anchored by a grocery store of about 10- 20,000 square feet. Today,we either have 2,500 square foot gas/grocery convenience centers or a 100,000 square foot Cub supermarket. This direction of retail shopping was not anticipated when Eagan developed its Comprehensive Guide Plan more than 15 years ago. At that time, the City's land use plan envisioned community shopping centers as follows: 'These areas are usually anchored by a major grocery store and also would be developed with a drug store, hardware store, clothing store, auto retail store, liquor store, service station and similar services usually required on a weekly basis by the surrounding residents. The area may also be developed with allied offices such as real estate offices, clinics, athletic clubs and similar facilities. Community shopping center areas generally range in size from ten to forty acres with an area of 40,000 to 100,000 square feet of floor area. The population served by these centers generally range from 10,000 to 15,000 persons." The Commission shall note that these basic changes in retail commercial development constitute some of the reasons that we need to evaluate and update the City's commercial development policy. Current Situation: The apparent problem with the remaining commercial area in the Blackhawk Park Planned Development is that we are faced with a fairly small strip of land located between a neighborhood shopping center and a residential neighborhood with zoning that would permit the most intense commercial development allowed anywhere in the City of Eagan. It is this apparent incongruency that raised the concerns of the adjacent residents as well as the Advisory Planning Commission members. The incremental development as well as the incremental amendment to down grade the intensity of the Blackhawk Planned Development largely explains the predicament facing us today. The evolving nature of community development, the private market place and surrounding land uses are the reasons that planned development agreements are given a specified time period within which to be completed. In more recent years, realizing the rapid rate of change,planned development agreements have been given shorter time periods to be implemented such as five years. In addition, incremental amendments are now evaluated from a broader perspective. Downzoning one part of a PD might trigger downzoning adjacent areas,as well. The Blackhawk Park Planned Development Agreement, as noted previously, was given a 15 year time period to be completed. 106 Options For Remedy: At this point, the 15 year term for development of the Blackhawk Park PD has expired. The Eagan Zoning Code as it pertains to Planned Developments does provide an opportunity to assess changing land use situations such as this now facing the community with the Safari At Eagan proposal.Section 11.20,E.2, of the City Code sets forth the conditions under which approval of a planned development may be either extended or terminated: "Upon the expiration of the term of Planned Development Agreement for a development which has not been substantially completed, a duly advertised and noticed public hearing is required by Section 11.40, Subd. 5, shall be held by the planning commission which shall make a recommendation to the Council whether the Planned Development Agreement shall be terminated and, if terminated, whether the planned development zoning shall be removed. The applicant shall provide an accurate list of property owners within 350 feet of development. a) The Council may extend the Planned Development Agreement noting its reasons in its minutes. b) If the Council determines that the Planned Development Agreement shall be terminated, it shall also determine whether the Planned Development zoning shall be removed." Given that the development period for the Blackhawk Park PD has expired, the Advisory Planning Commission and ultimately the City Council have several courses of action available to address the issues that have been raised by this proposed final amendment. There are three basic options that may be considered: Option 1. Extend the PD Final Approval (Figure 3) Approve the amended Final Planned Development as originally requested by Eagan 30.7C Limited Partnership with the following uses: Lot 1 - 7,500 class I restaurant Lot 2 - 1,577 seat second run movie theater Lot 3 - 65,000 square foot health club (Lifetime Fitness) This option could be selected if the Advisory Planning Commission and/or City Council determines that conditions surrounding the original Blackhawk Park PD have not substantially changed and that development as proposed would be in the best long range interest of the community at large. One potential drawback to this option would be that the specific uses proposed for Lots 2 and 3 are still somewhat speculative, according to prior testimony of the developer. If this option is selected, the following conditions should be added: /o7 1. A Planned Development Agreement shall be entered into prior to Final Plat. 2. All buildings shall be architecturally compatible as a part of the Planned Development. 3. All buildings shall be constructed of brick on all sides of the building. 4. The building elevations/plans shall be reviewed by the Advisory Planning Commission and approved by the City Council prior to issuance of a building permit. 5. The landscaping and fencing shall be provided as indicated on the preliminary plat and shall be installed with the first phase of construction. 6. Irrigation shall be required in all turf grass areas. 7. All trash/recycling closures shall be attached to, or enclosed within the building. If attached, it shall be made of the same building material as the primary building. 8. An overall signage plan shall be submitted showing location size and height for pylon and all building mounted signs. 9. A lighting plan shall be submitted. No off site spillage shall be allowed. 10. All roof top mechanical equipment shall be screened. 11. All Sign Code requirements shall be met. Option 2. Terminate the PD for Outlot A, Safari at Eagan and Rezone to Limited Business (Figure 4) This option would terminate the CSC land use and zoning designation on the entire Outlot A. This option should be selected if the APC and/or City Council determine that the current proposed uses are all simply incompatible with the surrounding area as it has evolved over the past 15 years. If this option is selected, an amendment to the comprehensive plan should also be initiated. The area currently designated CSC on the Land Use Guide Plan map should be revised to NB (Neighborhood Business) and LB (Limited Business). Outlot A would be zoned LB. Limited Business zoning basically permits office, clinics, banks, etc. Class I restaurants are also permitted as a conditional use. Rezoning of the existing Thomas Lake Shopping Center to /. s an NB classification would also be appropriate. The center would then continue as a conforming use. Option 3. Approve a Final Planned Development for Lot 3 to permit construction of the proposed 65,000 square foot health club and approve an amended Preliminary Planned Development for Lots 1 and 2 to permit eventual development of Limited Business uses. (Figure 5). This option would in effect extend one part of the original Blackhawk Park PD but terminate the other. This option would permit development of the proposed health club, the one project that is actually firm at this time, according to the developer. It would keep open the option of a Class I restaurant in the future. However, the movie theater would no longer be an option. The remainder of Outlot A would then be developed into other uses permitted in the Limited Business District. This property has been assessed over the years for various infrastructure projects at commercial rates. Amending the commercial land use designation of the PD from CSC to LB on Lots 1 and 2 would not be inconsistent with previous assessment actions since there is one rate for all commercial types of uses. This option should be selected if it is determined by the APC and/or City Council that conditions have changed over time and that while the health club and potentially a restaurant would fit in well with the area, a movie theater at this location is not in the best long range interests of the community at large. If this option is selected, amendment of the Comprehensive Land Use Guide Plan should also be initiated as in Option 2. The following conditions of approval would be appropriate: Conditions: Final Planned Development on Lot 3 1. A 65,000 square foot health club shall be allowed and construction shall commence within one year of Council approval. 2. The term of approval of this final Planned Development shall be one year. 3. Berming, fencing and landscaping along the northern property line shall be required in conformance with the grading plan and landscaping plan reviewed/approved by the APC at the September, 1993 meeting. 4. Signage shall conform to code requirements. 5. No outdoor storage other than a trash enclosure shall be permitted. / 6. The building shall be constructed of brick on all four sides embedded in mortar at the job site. 7. No roof top mechanical equipment shall be visible. 8. All turf grass areas shall be irrigated. All above conditions would be incorporated in the Final Planned Development Agreement. Conditions: Amended Preliminary PD on Lots 1 and 2 1. Lots 1 and 2 may be developed consistent with the uses permitted in a Limited Business district. 2. The term of approval for the preliminary Planned Development shall be five years. 3. Final approval of development in Lots 1 and 2 will be considered in accordance with the procedures and submission requirements set forth in Section 11.40, Subd. 6.D of the City Code. Summary & Conclusion: In summary, the overall Blackhawk PD has developed over the past 15 years in a manner significantly different from the original Land Use concept. The incremental nature of the development, as well as the revisions to the original comprehensive concept, now present some potential land use conflicts. The 15 year term of development for Blackhawk Park expired in 1992. The Planned Development approval process, set forth in the City Code, Section 11.20, Subd. 6, outlines the procedure through which the Advisory Planning Commission and City Council may review and act upon such circumstances. There are three basic options available at this point: 1. Approve the Amended/Final Planned Development, as proposed. 2. Terminate the Planned Development and rezone Outlot A to LB. 3. Approve the Final Planned Development for Lot 1 (health club) and amend the PD on Lots 2 and 3 from CSC to LB. The Advisory Planning Commission and City Council will need to determine, based on the information presented, which option, or variation thereof, is in the best long-range interest of the City at large. / • I iCC7,r�j' .. 7" ' f'd 7 !v . ' -,'I ' EXHIBIT E , - , - - , blackhaw .: ; . park eapan minn P2 I-35E-Al I titt*-- .; 1- . ��' : _ Land Use .1.-,j._2.- - ' ' f : ;+�" . ' �� C121 ro.n.a.t. ,• 41,11/1/1 / ;1�e arfC IIMA.Res. (3.6 w•1 • u• ra MIX. Res. 16.+2 w•1 q3 V. .. ' Commercial . / J r y( �`...;4. Bus. 1„ *irk Bus. n _ .�' , CSCh I orrrrxnitY ShOP.G1tr Div Perk / P . " ;rT •1: Park & Open Space(P) + . ! l k. R 3,r c.- ':, �, ,r.' Trail- ___ .._ ....,, .i +:, t - , -3; - . / R4 ��111'' 111... i •% —• 4,._ ,s 1 =Fb •: 6 r ç' . f • 4 — I i. Y ,�/' 4."---)'' r1 � r i ' 7 l 44 .' ` ' % ,Rl ;. 1 ' I }:`.� Y •� jks ,.4' i.-...''..., ,' A•,--==- 2-,. , i . III - f\. , ; iT ,IY-♦ '.; : ' ' , Ii iI■ IE i .� i 71;, 4ill: . ` ,t � ji; II �.i ; -3 Is ( ` y t z ' 1 ),, ii. ' . II( 1, iii1i : 11-1 ;; , VII N. t 1 ; ■ M y y1 �: — �R. i ) ,�, / ♦J�V *— `__.y....i. ..` .rnr Co.., u . 111 1 Q�Q VI I , i. i r '. Figure 1 6 // APPENDIX BLACKHAWK PARK SOUTH PLANNED DEVELOPMENT CHRONOLOGY 1972 City Council gives general concept approval (411 acres) of Schematic Land Use Plan for Eagan 500. 1973 Revised Land Use Plan submitted; no action by City Council or Advisory Planning Commission. 1974 Plans similar to 1973 plans were submitted. City Council "resolved to approve the plans". 1977 Blackhawk Park P.D. Agreement signed. 1980 P.D. amended 6/3/80 to change zoning of NB parcel at the southwest corner of Diffley and Thomas Lake Roads to R-3. R-4 zoned parcel just south of NB parcel was also rezoned to R-1 in this amendment. 1988 Amendment dated 4/5/88 rezoning Thomas Lake Woods Addition from R-4, R-3, and PF to R-3 and R-1 P.D. No P.D. Amendment document on record. 1990 Amendment dated 8/21/90 removing Sherwood Downs Addition(20 acres)from P.D. Zoning changes from R-3 P.D. to R-1. //c2 • i 1 � iNr,41' , (,I : .( �D I. r ` '�j w I ' ii :;,,11 ill ' I REZ�ptJE �iaDM �� .� ,,. � � �i . . ,'\ , I NB To R 3PD ' ' ,l' �i / 11:�,;I4' ` 'e / ` . % ' • N ' 1 , 1, 111:•, • ` ,t !. , \ F + ( II I 1 /I I I•A'�.\ f Rz 1ED F DM /•_ 7: ii J 1.,�;1.- ' 1;t ( 01 E, ;�4 i.�' �; ` :I:I."Tl l`i''►�I'p1 R L t o R-2 FJ 1.< ;v' • 11'711. , 1 •,) - �'� . �" f 1 t 11r.'� e 1 / 1 T-. 11 ; 111 1 1 1 i l l (, 1 II -.). NO . Ill Ill , 1°( 1 11 1 :; `• II I I 111 l 1 l 1 1 .,. - •,r •; ' t/•1 .1 II.,.1•A. II ' I t 1 I 1 / II 1 If III ,1 IP' ,'1. /i e(I ; �,.! `� .. I, o r, :1.':,1.1',, •, I ( ( ' 1 l T� A I ` i !►• '1'''.' j ,,, �zr,„mwoi. 111111111111 Tw1u1R,1(I�M�f1,�1�i ll,(/IIROf11 . •,...., wnw.t .,./..--r..• r,,•77.i i r''�5j �etrm�ol I '1' 11 I 1: 1 1 I �•r• ti , . ► 1( 111 ' ii ►•1 ' �” "� (: 1 1 11 11' 1 I 1 1V� , P / tit 11 � REZar4D FROM ? ! �, 111 P�1 .�� _ L. I . ,• .� ; ! (\' \\ 1 ( r ■ , ,‘'\( 10,1) ii . i E v (; , ► \ ` 1,.741111. 1 M 1. 1 \ I .I I' . G.9 •1..' ' WW1 • 1 • s' • ' 1 • ' r '..--7 ' ' i I , k \‘,\-\1; i ' , .iir' p , 1►. ,,,,Ill II l' . i • ,1� t-;; _ :I "chi t ;. = i 1 r EXHIBIT E Figure 2 blackhawit paric eagan minn -35E *A1 /13 ,. II to 2 O dif II" u. ~ 0 O GM 4 t • i 4 tl H ll. t V'itt.■ ki it MI dvi *..n.i.f _._ _ ......", , . ! N A 11 N• \ t • 7 \ a 5 .... Ci t's1 0 1E •� as in ��.I I .X. .\"' • ' \ ;i.. , I ., . \ t �,1 i • - \ . . 1 - ' - •11• • I -' 111 . .177 : .� • :•■I. , • i- I j•itatttttttt 1.. i 1 : W • .4* / ...--. - ' 11 • ! 1 - `' I yr/ 'll. i : le to4 _-:- • - •. ' 44t4:- s"P-q--r1-,—_,_•• '. .---- , i 1 ' .••1 ` • i vanwtsly t:1 1•• • - i '.. 1 ''; — . .! 1. •i r ,. .:. I - _ .. _ • .. ___ \ i-P • tr - /1 • • oc Z C . 4 4 u. 4 V Q 4 4 4 1 14 w o 2 IS ---- 1 - .: . :::...1 ::.. --I.!..." f ...`-- A i .2ult 4 7 ir. i __ 1. N 1 I 't it i ke t, ga f . g ( \ • ‘..--‘.: , (1' . i of • 1 ; ._ a. 1\ \.,./. ..,„_. .3 4i .\ ,..,„ . p : -,,. . - ) c____.' ,p l 'i iii . \ :II 1, ‘ . . .. . _ 1 . T _ ■ i //cc Z Q Z O • < ~ qi 4. 4~ 1 O N W O 5 ‘ilik., N 1 I.• "fff - A• 14., -.- ...„ .: .: 1:;-. o le; ..t.. , , . s.„---...,........ • •• II. Ka. ......2 % : ..._ .. c % 1 w .. • 7 ‘ • 1 o 4 1 i i If' % 111 ‘. IL' . & • • • � (,Ii:: _ i Sri_ - 1' ' --_ 1 • - .i,:.;,r,,,,J, 1.. • r 1 = VI •.. 4i."` . i . • c-' _ • - . • • , ,.. • \ ' • .,i;!,,, 11 :11 . . • 7 v I, '. • .. .,�.1 .J . . . . ` �i • //é SENT BY: 11-10-93 ; 13:25 ;SEVERSON WILCOX SHEL 612 681 4612;# 2/ 7 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA OCTOBER 86, 1993 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 26, 1993, at 7:00 p.m. at the Eagan Municipal Center. Present were members Voracek, Merkiey, Miller, Heyl, Gorman, Isberg and Alternate Wallace. Also present were City Planner Jim Sturm, Community Development Director Peggy A. Reichert Assistant City Engineer Mike Foertsch, and City Attorney Mike Dougherty. AGENDA City Planner Sturm stated that Item "A" under Old Business was continued. Chairman Voracek noted a revision to the agenda: Items "B," "C" and "D" under New Business would appear on the Tuesday, November 2, 01993, City Council agenda and Item "A" would appear on the Tuesday, November 16, 1993, city Council agenda. Heyl moved, Isberg seconded, the motion to approve the agenda as amended. All present voted in favor. MINUTES September 28, 1993. Member Wallace noted that the time of arrival of Member Merxley and Member Wallace as recorded in the minutes is reversed. Markley moved, Heyl seconded, the motion to approve the September 28, 1993 Advisory Planning Commission minutes as amended. All present voted in favor. Chairman Voracek explained the dvisory Planning Commission procedure to the public. PLANNED DEVELOPMENT AMENDMENT - EAGAN 30.70 LIMITED PARTNERSHIP Community Development Director Reichert opened the first public hearing of the evening regarding a Planned Development Amendment to allow a health club, movie theater and a restaurant within the Blackhawk Park Planned Development located along the north side of Thomas Center Drive, west of Thomas Lake Drive in the SW 1/4 of Section 28. • //1/1/;? R=95% 612 432 3780 11-11-93 12: 31AM P002 #24 SENT BY: 11-10-93 ; 13:26 ;SEYERSON WILCOX SILL 612 681 4612;# 3/ 7 Page 2/EAGAN ADVISORY PLANNING COZ+MISSION MINUTES OCTOBER 26, 1993 Community Development Director Reichert explained to the Commission the procedural and substantive issues regarding this matter. She explained that under the City Zoning Code a planned development amendment requires a two-step process: (1) approval of a preliminary plan indicating the generalized land uses; and (2) approval of the final development plan indicating the specific land uses, including approval of the specific use's architectural plan, lighting plan, landscaping plan, site plan, and other related plans. Ms. Reichert noted that the City in the past has not carried out the second step, the final development plan approval, but instead merely incorporated the plan with approval of the plat. She expressed concern with the City's failure to follow the second step properly because, as she noted, the specific use at the time of platting was not always known and the conditions pertaining to the specific use and its site plans have not always been properly recorded with the planned development agreement. Ms. Reichert summarized the procedural aspect by noting that a planned development controls the specific use on the land and platting controls the division of the land. Ms. Reichert further explained the substantive issues involved in this matter. She noted the history of the Blackhawk Planned Development: that it was originally conceived in concept and approved by the Eagan Town Board in 1972; that the concept was further revised and approved in 1977; that the 1977 planned development was approved for a period of 15 years, expiring June 21, 1992; that the Blackhawk Planned Development included a very large area extending essentially on the east side of I-35E from Pilot Knob Road/35E on the north to Cliff Road on the south. She noted that since 1977 the original planned development has had many amendments, resulting in much of the area being "down-zoned" to less commercial and low density development. Ms. Reichert further noted that the planned development was originally intended to include an anchoring neighborhood grocery store, a past marketing trend which now) focuses on Small gas/grocery convenience stores and strip/Mall-type facilities. GMs. Reichert explained that given the BlaOkhawk Park Planned Development approval had expired in June, 1992, the Commission and the City Council may take action lI.n accordance with one of three 1 options: (1) extend the planned development final approval as • originally requested by the applicant allowing a 7,500 sq. ft. restaurant on Lot 1, a 1,577 seat movie theater on Lot 2 and a 65,000 sq. ft, health club on Lot 3; (2) terminate the planned development for Outlot A, Safari at Eagan, and rezone to Limited Business; or (3) approve a final planned development for Lot 3 to permit construction of the proposed 65,000 sq. ft. health club and approve an amended • Preliminary Planned Development for Lots 1 and 2 to permit eventual development of Limited Business uses. big R=95% 612 432 3780 11-11-93 12: 31AM P003 #24 SET' BY; 11-10-93 ; 13:26 ;SEVERSON WILCOX SFEL-* 612 681 4612;# 4/ 7 Page 3/EACAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 26, 1993 • Bryon Watschke, a representative of the applicant, requested the Commission to approve the final planned development for all three lots. Mr. Watschke noted that the applicant entered into a 1981 development agreement with the City regarding the property and he further noted that the development agreement makes no mention as to the expiration of the 1977 planned development approval. Mr. Watschke expressed concern that even though the property to the north of the subject property was down-zoned, that should not effect the developer's ability to build as approved in 1977. He further criticized the City regarding delays in the process, noting that one hour prior to the September 28, 1993, Advisory Planning Commission meeting he was advised of additional conditions to the plat. William Hodapp, 4528 South Mallard Trail, commented that he was not surprised that the issue of a movie theater use was revisited. Mr. Hodapp further stated that he wished to reiterate briefly his comments made at the September 28, 1993, Advisory Planning Commission meeting, namely, that the movie theatre does not fit into the general area and that he has no problem with the health club or the proposed restaurant. Mr. Hodapp concluded by stating the members of the Thomas Lake Homeowners Association support Option #3 and requested the Commission to give strong consideration to Option #3 which will protect the residential neighborhood. Bob Knutson stated he is a member of the Woodgate Homeowners Association which includes 236 homeowners. He concurred with Mr. Hodapp in support for Option f3. 1$r. Knutson also questioned the Commission and the City staff as to whether the applicant's development will require Hickory Lane or Hickory Hill Circle to be opened as a though-street. Theresa Wilson, 4601 Beacon Hill Court, concurred in support of Option #3 and noted her concerns for the movie theater and the restaurant uses. Ms. Wilson reasoned those uses would create increased traffic and that the restaurant is not compatible with a residential area with elementary age children. Community Development Director Reichert explained, in response to Chairman Voracek's question, that the 1981. development agreement goes with the platting of Outlot A and governs the size and utility layout of the platted land. She explained it does not govern specific uses on the land. R=95% 612 432 3780 11-11-93 12: 31AM P004 #24 SENT BY: 11-10-93 ; 13:27 ;SEVERSON WILCOX SHEL-a 612 681 4612;# 5/ 7 Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 26, 1993 Carl Dale, the applicant's development planner, stated that in Appendix "A" to the 1981 development agreement it refers to the land use and development of the entire plat, including Outlot A. Mr. Dale further stated that the development agreement made no mention of any time limit on the planned development indicating no reason to believe the planned development would change. Community Development Director Reichert again explained the requirements with respect to the two-step process for planned development amendments. She further noted that any landscaping along the western property line of Outlot A, should the Commission choose Option #3, would not be done until a specific use is approved. Ms. Reichert also noted that the issue of whether Hickory Lane Hickory or ry Hill Circle would be made a though-street would not be done ne now but qualified it by stating there were no guarantees that it would not be in the future. A resident from 1631 Hickory Hills Circle questioned whether Hickory Hill Circle would become a though-street. Community Develo pme nt Directory Reichert stated her answer with respect to Hickory Lane would apply equally to Hickory Hill Circle. Member Isberg noted that conditions #1 and #2 in Option #3 as stated in the staff report is redundant. Community Development Directory agreed and proposed to revise condition #1 to read as follows: A 65,000 sq. ft. health club shall be allowed. Chairman Voracek also noted an error in condition #7 whereby the word "useable" should read "visible." Member Isberg stated that he supported Option #3, reasoning that it is a compromise and a "win-win" situation for the neighborhood residents, the developer and the City. Member Merkley concurred with Member Isberg and commended City staff for its research with respect to the options available to the Commission and City Council. Be further noted that a 15-year period is to long a period to predict development needs and desires, emphsiaing there are great changes in a 15-year period. Member Miller stated that he was unconvinced as to whether the 1977 original planned developmentihas since lapsed citing a question as to whether the development contract extends the 1977 planned development approval. /c) 12=95% 612 432 3780 11-11-93 12: 31AM P005 #24 SENT BY: 11-10-93 ; 13:27 ;SEVERSON WILCOX SHEL-' 612 681 4612;# 6/ 7 Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 26, 1993 City Attorney Dougherty explained that a development contract governs the conditions of platting and it is not a part of a planned development. He further explained that if the development contract does not extend the 1977 planned development that it expires as originally set. In response to Member Miller's question, Mr. Dougherty stated he was 100% convinced that the 1977 planned development has lapsed. • Member Hey' stated that it is good that the City is now complying with its own Code with respect to following the proper procedure for planned development amendments, reasoning that it is a benefit to the whole community if City staff follows it Code even if they were lack in the past. She further stated that 15 years is a long period during which many changes take place and that the 1977 planned development is no longer compatible with the surrounding developed areas. She further stated that the developer does not have a forever right to have intense development of his property and that the City has a duty to rezone an area if it is no longer compatible with the surrounding developed uses. Member Heyl noted that the right and duty of the City to rezone comes when it important io protect the public health, safety and welfare. She concluded by stating her support for Option 13. Member Gorman stated he concurred with Members Heyl, Markley and Isberg for support of Option #3. ft Alternate Wallace stated further support for Option /3. Be y1 moved, Isbe seconded the motion to approve r r'S � pprove the final , Planned Development on Lot 3 and an amended Preliminary Planned Development on Lots 1 and 2, located along the north side of Thomas Center Drive; *est of Thomas LakelDrive in the'SN 1/4 of Section 28, subject to theJfollowing conditions: Fial Plann ned n Development on Lot 3 1. A 65,000 square foot health club shall be allowed. 2. The term of approval of this final Planned Development shall be one year. 3. Harming, fencing and landscaping along the northern property line shall beirequired in conformance with the grading plan and landscaping plan reviewed/approved by the APC at the September 28, 1993, meeting. /C>1 R=95% 612 432 3780 11-11-93 12: 31AM P006 #24 SENT BY: 11-10-93 ; 13:28 ;SEYERSON WILCOX SHEL- 612 681 4612;# 7/ 7 Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 26, 1993 4. Signage shall conform to code requirements. 5. No outdoor storage other than a trash enclosure shall be permitted. 6. The building shall be constructed of brick on all four sides embedded in mortar at the job site. 7. No roof top mechanical equipment shall be visible. 8. All turf grass areas shall be irrigated, 9. All approved landscape, lighting, site, and architectural plans shall be incorporated into the final Planned Development Agreement. ded e_ • armed • = e_ • uent . .•ts _ nd 2 1. Lots 1 and 2 may be developed consistent with the uses permitted in a Limited Business district. 2. The term of approval for the preliminary Planned Development shall be five years. 3. Final approval of development in Lots 1 and 2 will be considered in accordance ,with the procedures and submission requirements set forth in i Section 11.40, Subd. 6.D of the City Code. All present voted in favor. i I gal R=95% 612 432 3780 11-11-93 12: 31AM P007 #24 MEMO — city of eagan DATE: NOVEMBER 5, 1993 TO: TOM HEDGES, CITY ADMINISTRATOR �i FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION 1 SUBJECT: SAFARI AT EAGAN 2ND ADDITION The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced proposal at their November 4, 1993 meeting and make the following recommendations to the City Council relative to Safari at Eagan 2nd Addition. 1. The plat is not subject to a parks cash or land dedication. 2. This parcel is not subject to a cash trails dedication, but the developer is to be responsible for the installation of a 6 foot wide sidewalk along Thomas Lake Drive and an 8 foot wide bituminous path extending from Thomas Lake Drive to the limits of the plat on the west side of Thomas Lake Road. 3. This development is required to provide on-site ponding to meet water quality treatment standards and estimated pond volume requirements of 4.7 acre feet. 4. This development is not subject to any wetland replacement requirements. 5. The developer is to take measures to preserve as many of the existing trees as possible at the east side of the development, during construction and installation of the storm sewer pipe. 6. The developer is to implement enhanced landscaping in the area of this pond. These plans are subject to the review and approval of the City prior to implementation. KV:cm cc: Marilyn Wucherpfennig, Planning Aide Ed Kirscht, Engineering Technician Joe Merchak, Construction Analyst 423 Date: 10/30/93 To: Mayor Tom Egan Members of the City Council From: William J. Hodapp, 4528 S. Mallard Drive For the Thomas Lake Country Home Owners Association Re: Blackhawk Park Planned Development The proposed Safari At Eagan 2nd Addition There are 60 town homes known as Thomas Lake Country Homes that sit immediately north of the proposed Safari At Eagan development. As an owner of one of these town homes and member of a special committee of the Homeowners Association I have been asked to present the concerns and recommendations of all 60 homeowners. A brief explanation will tell you who we are and why we have concerns over the proposed Safari At Eagan development. The country homes of Thomas Lake were completed almost two years ago. The development was advertised as a comfortable residential setting for mature adults. The majority of us are not first time homeowners. For many of us, these are probably the last homes we intend to own. We collectively have invested over eight million dollars in our Eagan homes, and we have done so specifically in the Thomas Lake area for a number of reasons. We appreciate the wonderful parks and the trail system that the Eagan planners have had the foresight to construct. We have first class townhomes, we have beautiful grounds, and we try to be a credit to the city. When the proposed development was brought to our attention this summer we developed a deep sense of unease—we felt that our residential park-like setting was about to be severely compromised and we had deep concerns over a number of issues. After forming a committee to consider the development and after meeting on three occasions with the developers we came to a number of conclusions that we would like to share with you, our elected leaders. I. Our sense of unease This came from an understanding of what happens in-and around- commercial developments, particularly those that have late night activities. We are deeply concerned about: 1 /.2 -the prospect of a quantum increase in crime. This prospect was reinforced when we asked the Police Chief of Apple Valley to tell us what happens when a second run theater is placed in a community. (Letter from Captain Bruce A. Erickson enclosed). -the prospect of an equally large increase in noise—ours is a quiet residential setting and the prospect of late night use of parking lots that would be under our bedroom windows would be a terrible blow to our sense of security and peacefulness. -the possibility of significant light intrusion at night. -the possibility of objectionable food odors from the restaurant. -the certainty of a tremendous increase in traffic volume and all of the risks associated with that increase. Here we think particularly about Thomas Lake and Johnny Cake Ridge roads. There are elementary schools on both roads and there are hiking trails that cross both roads. Weekends there are sporting events at the schools and evenings there are meetings. On weekends there is a large volume of use for the trails and sidewalks that cross these roads. From these issues—crime, traffic, noise, odors, and light intrusions—you can readily see why we, who are a residential community, are deeply concerned. II. Our response to the proposed development All of us who bought a home in the Thomas Lake Country Home area knew that the land to our immediate south would eventually be developed. We had made the assumption, however, that whatever would be developed would be characterized by 9-6 activity so that it would be compatible with its proximity to an established residential area. Since this may possibly not be the case, then where do we stand? A) We want to be good neighbors to the proposed development—provided that the development can be made compatible with an established residential area. B) We have, in good faith, met on two occasions in large group with the developers. In addition, they have met one other time in my home with us. C) We have held two Homeowners meetings to keep our owners informed. D) We have provided a small representative committee with whom the developers and your community development department staff can work. III. Proposals for the Council's Action After attending the October meeting of the Advisory Planning Commission where we made a presentation, we can support the actions of the Planning Commission. Considering that the developer has put significant resources into planning for the health club, it is our opinion that this activity could co-exist with a residential area. It is also possible that with careful planning a restaurant could be a2ceptable, provided that it can be assured /c:25' • that a Class I restaurant will be built and that attention is paid to recommendations which I will list below. Construction of a theater, with its intensive and massive automobile traffic, much of it at late night hours, would be a disaster. Learning from the experience at other sites, we know that a theater would be the primary source of a quantum increase in traffic, with the attendant increases in crime, noise, and pollution. We don't know of any other planned area where a theater has been backed up to an established residential area and it ought not to occur in Eagan. Having said all of this, let me commend the developers. We believe that they have dealt with us in good faith. They have proposed the expenditure of significant amounts of money to shield their commercial development from us and they have been responsive to our requests. Unfortunately, there is one component of their original proposal that is not acceptable—the proposed second run movie theater. IV. Requests for your consideration We would support your approval of Option #3 as recommended by your Advisory Planning Commission. With this approval we ask that a number of absolute requirements be written into the approved plan. Let me list them, if I may. A) That the landscaping plan be followed, down to the smallest item, e.g., fifteen foot earth berms, a six foot fence on top of the berm on the north side (with the west side to be built when development occurs on lots 1 and 2), extensive planting of screening trees with a guarantee of replacement that extends for five years. B) It should be specified that the earth berm be constructed with the initial grading and excavation and before any buildings are constructed. Landscaping should be completed immediately after the first building is finished. C) Lighting must be carefully designed so that no light shines into surrounding neighborhoods. D) It should be specified that garbage can be picked up only between 8:00 a.m. and 6:00 p.m. This represents the essence of the thinking of the Thomas Lake Country Home owners. Thank you for the opportunity to present our views. Enclosure: Letter from Captain Bruce A Erickson 3 ic26 ••• ® •••• ••••• •••• POLICE DEPARTMENT City of app e 14200 Cedar Avenue va ey LLOYD F. RIVERS CHIEF OF POLICE Apple Valley, Minnesota 55124-8545 Telephone(612)431-8811 August 12, 1993 Martin Deslauriers 4526 South Mallard Trail Eagan, MN 55122 Dear Martin: I am writing in response to your request and our conversation of Thursday, August 12, 1993. The theater in Apple Valley has generated the following types of calls: Alarm Responses Assaults Damage to Property Disorderly Conduct Domestic Disputes Juvenile Alcohol Offenses Malicious Mischief Medicals Motor Vehicle Accidents Noise Complaints Parking Complaints Reckless Driving Complaints Thefts I would also point out that the Apple Valley Theater is not immediately adjacent to any residential property. If you desire additional information or if I can be of further assistance, please do not hesitate to contact me. Very truly yours, APPLE VALLEY POLICE DEPARTMENT Lloyd F. Rivers, Poli Chief Bruce A. Erickson Captain BAE:sja eon' tait / .2 7 L Home of the Minnesota Zoological Garden TO SAN. NO Icy utzur, (Printed on Recycled Paper) AP Agenda Information Memo November 16, 1993 City Council Meeting CONSIDERATION/REFINANCING. ASPEN WOODS & SURREY GARDENS APARTMENTS C. Consideration of Refinancing Aspen Woods & Surrey Garden Apartments--City staff has been contacted by the owners of the Aspen Woods and Surrey Gardens Apartments requesting City assistance in refinancing these properties. Although the bonds were originally issued through the Minnesota Housing Financing Agency,the City would be acting as a conduit issuer on the refinancing. Enclosed on pages Q through L Ois a letter from Piper Jaffray describing the proposal in more detail. Dave MacGillivray of Springsted, as the City's fiscal advisor, and Steve counsel,of Faegre & Benson, as bond co , have been asked to review the proposal in concept. There are some outstanding issues, such as the applicability of the City's 1/8 of 1% administrative charge on multi-family financing and determination of benefit to the consumers, that will require additional discussion. However, since the required action at this point is to set the public hearing, staff feels that action can be taken at this time without compromise to the City's position or requirements. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the request to set a public hearing for December 21, 1993 to consider the refinancing of the Aspen Woods and Surrey Gardens Apartments. /28` PIPER JAfiFRAY October 22, 1993 Piper VIP r.1; Inc. Cnnth oth Ctrect Minnevnlic. t`1N «.;nz-;RO4 6r ;I'-(,nnn Mr. Thomas Hedges City Administrator 3830 Pilot Knob Road Eagan, MN 55122-1897 Mr. Eugene J. Van Overbeke MT 6 Director of Finance 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Aspen Woods and Surrey Gardens Refinancing Gentlemen: We appreciated the opportunity to meet with you yesterday and discuss the above referenced projects and proposed refinancing. The purpose of this letter is to summarize our request that the City of Eagan agree to act as the issuer for a refunding of the bonds for both projects. In 1984, the Minnesota Housing Finance Agency ("MHFA") issued bonds for three projects under one bond indenture. The current interest rate on these bonds is in excess of 10% and under the existing documents those bonds may be called on March 1, 1994. On behalf of the owners, we have been working with MHFA to examine alternatives which would allow the owners to take advantage of today's interest rates and refinance their existing debt. The method of financing which we are proposing is one that utilizes variable rate demand obligations (VRDO's) which are an instrument that is sold to tax-exempt money market funds. All amounts due on the bonds would be secured by a letter of credit issued by The Sumitomo Bank (Chicago branch). The interest rates on these debt obligations is reset every seven days and currently has an interest rate of 2.60%. As we indicated in our meeting, both of these projects have struggled in recent years both to compete in the depressed real estate environment of the late 1980's and more recently in an attempt to compete with newer projects, many of which were financed with more attractive financing and which do not have the income restrictions imposed by the bond financing for these two projects. A refinancing in today's environment allows these projects to continue to meet their low income set aside requirements while also generating sufficient cash to fund needed reserves and to pay for repairs and maintenance. S—IYo{ tit.nitKf ilh, Mr. Thomas Hedges/Mr. Eugene Van Overbeke October 19, 1993 Page 2 The MHFA has agreed to allow the City of Eagan to refinance these bonds under the Sumitomo proposed financing mentioned above. Currently the Bonds are secured by an FHA insured mortgage. Under the Sumitomo structure, the insured mortgage, rather than being pledged to the trustee for the benefit of the bondholders, would be held by the trustee for the benefit of Sumitomo Bank as long as The Sumitomo Bank was not in default under its obligation under the letter of credit. The bonds would then be rated based upon the rating of Sumitomo Bank. Under this proposed structure, the City of Eagan would be acting strictly as a conduit issuer with the bonds being rated by Standard & Poor's and being sold to institutional investors. The purchasers of these bonds are tax-exempt money market funds and we would expect that there would be from one to three initial purchasers of the bonds. This proposed financing does not impact the City's ability to annually issue up to $10 million of "qualified tax-exempt obligations" under section 256(b) of the Internal Revenue Code, because these bonds will be used entirely to refund the outstanding principal amount of two series of private activity bonds, and as such are not taken into account for purposes of determining whether the city is a "qualified small issuer" under section 265. Under the current financing, monitoring of the low income set aside requirements and the mortgage servicing is done by HUD and MHFA. Under our proposed financing, MHFA would no longer be involved; however, either an FHA approved mortgagee and/or the trustee would service this mortgage loan. Between the servicer and the trustee it has been typical for them to monitor the low income set aside requirements. In addition, under a HUD approved mortgage, the servicer collects monthly deposits for mortgage insurance, property insurance, taxes and a deposit into a replacement reserve fund. The replacement reserve fund can only be used for capital improvements for the project and may only be spent with HUD's approval. HUD requires that the properties be inspected at least annually to insure that they are being property maintained. On behalf of the owners, we would like to request approval from the City to proceed with the refinancing of the above referenced bonds. We would expect to accomplish this refinancing between now and March 1 of next year. It would be helpful to us in this process to ascertain any fees and/or expenses associated with this request, either initially or ongoing. I am available to discuss this further with yourselves and other City advisors as appropriate. Please contact me at your convenience at 342-6665. Sincerely, C G. Terre e McNe lis Managing Director cc: Distribution List /3 0 Piper I:1141N Inc. Agenda Information Memo November 16, 1993 City Council Meeting liEGISIATIVEMISRGOVERNMENTAL AFEURS MATE RESOLUTION/CONSTRUCTION OF WAKOTA BRIDGE A. Consider Resolution to Support Grant Application to Fund Planning for Construction of a New Wakota Bridge--Background information for this item will be included in the Additional Information packet on Monday. /3/ �D� RTHI N ail ,� I � .<<U I IE �REALTY— November 11, 1993 Mayor and City Council City Hall 3830 Pilot Knob Road Eagan, MN 55122 Re: City Council Agenda Item (Nov. 16, 1993) Preliminary Plat Safari at Eagan 2nd Addition for Development of Proposed Health Club, Restaurant and Theater Honorable Mayor and City Council Members : The purpose of this letter is to provide you w: th additional information prior to the meeting so as to : 1 . Reduce the amount of time required for a formal presentation; 2 . More completely respond to City staff and Planning] Commission recommendations; and 3 . Allow you more time to prepare questions you may have prior to making a decision on this matter. No doubt, the information packet provided to yo-L: by City staff provides most of the infoimatiorl (detailed and general) required to e plain our proposed development plan . Some addition:ll information, however, may lip-i.p you to better understand why we must vigorously oppose part of the planning commission recommendation. While we are most grateful that both the City Staff and Planning Commission seem to support the construction of our health club building, we must oppose their recommendation to "down zone" the remainder df the property from "CSC" commercial to "LB" limited business . We do, however, agree with City Staff that certain platting and zoning procedures and requirements need updating and improvement; we even agree that "CSC" commercial zoning may include some land uses that are not appropriate for this specific location . It is also our contention that "LB" limited business zoning is far too restrictive and, in fact, also permits certain uses that may not be suitable for this location. -1- PENTAGON PARK TOWER • 4940 VIKING DRIVE • MINNEAPOLIS, MINNESOTA 55435 • (612)835-3363 The City Staff has, in our opinion, properly noted that changes have occurred over the past 15 years in retailing, shopping center development, zoning needs and procedures, and land use in Eagan . We fail to see, however, why such changes provide any fundamental reasons to conclude in just recent days that our project would not be in the general public interest . Our proposed project was not hastily conceived nor was pressure brought to bear on the City Council for hasty action even though there has been urgency on our part to begin marketing of health club memberships . Marketing can only be based upon favorable indications from the city that a building permit can be obtained. Our project planner (who has been involved in this and other development projects in Eagan for over 20 years) and I as both a resident and Eagan home builder (Safari) would not propose a project that presents a demonstrable harm to the community environment or general public welfare. We first approached City Staff on this specific development proposal in May, 1993. Six (6) months later, we are just now coming before the City Council for consideration This long delay resulted from numerous meetings with City Staff and (3) with the neighbors addressing all expressed concerns and incorporating all into a greatly modified development plan as now finally presented to the City Council . The application for plat approval was made in good faith and under all existing rules, regulations, and procedures . At no time (until as recently as late in the afternoon on Friday, October 22, 1993) was there any suggestion in City Staff reports or otherwise that basic land use or zoning conditions might be challenged, greatly modified, or even denied. From the beginning of the subdivision application process, we have addressed each and every suggestion and concern expressed by City Staff and Neighbors . A great deal of time, effort and expense has been involved in an attempt to reasonably respond in a practical manner to all of the many considerations involved. The addendum to this letter notes in greater detail how the various concerns and suggestions have been addressed. We are particularly disturbed and frankly puzzled by some planning commission members and city staff using words such as "Too Intense", "Conflicting" land uses, "Incompatible", "Out of Scale", and the like that seem to imply some sinister/dire environmental consequences without noting even one specific illustration of how, why or by what standard or measurement ! In fact, one Planning Commission Member stated that the project seemed "Too Intense", but didn't know why; that Commission Member is or was a Professional Land Planner. In point of fact, it can be demonstrated that all normal and commonly used standards and measurements have been applied/utilized in the project planning process . As noted in the Addendum to this -2- 4j • letter, specific concerns and potential problems, (such as noise, glare from lights, visual pollution, building and grounds maintenance, traffic, crime, property values, water quality, architectural aesthetics, pedestrian and vehicular intrusion into residential area, odors, drainage, and the like) to which standards and measurements can be applied have been properly addressed. The City Staff report dated October 21, 1993 listed only three (3) "basic" options available with the planning commission agreeing with option No. 3 to approve the Health Club and amend the PD on Lots No. 1 and No.2 from CSC to LB zoning. We suggest that other options are available and a suitable compromise can be achieved. First, and regardless of the decision made on lots No . 1 and No . 2, we urgently request that a speedy "go ahead" be given to construction of the health club that will be one of the finest in the nation and a valuable source of civic pride and citizen service to the residents of Eagan long into the future . Also, we request permission to rough grade all three lots as soon as possible since final slope and drainage on all three lots must be coordinated with lowering of the pipeline. Secondly, we agree to all of the various "conditions" to be placed on this development as suggested by City Staff, Planning Commission, Park Commission, neighbors and others . In fact, we are willing to expand on this list of conditions to more completely and adequately respond to neighbor concerns and their list of conditions. Thirdly, we suggest that an option is to simply table action on permitted land use on Lots No. 1 and No. 2 pending further study by all parties involved, By their own admission, City Staff has not conducted the studies necessary to recommend specific changes in platting/zoning procedures, evaluation of commercial development policy, or other such matters on a community wide basis and certainly not with regard to this specific land parcel . As part of a compromise, we are willing to consider options such as reducing the theater size or possible even revising the theater under even newer concepts of which we have been exploring and now have graphic illustrations and a description of use operations . Further, we are willing to present specific owner/occupant/ operators and architectural plans for all development on Lots No . 1 and No .2 as development plans are modified. To do this, however, we must have some assurance that the time, effort and costs involved can be justified by reasonable expectation of development approval unless the City demonstrates specific and detailed potential harm injurious to the public health, safety, welfare, and general well being. -3- Lastly, we have for the most part been very pleased and thankful for the spirit of cooperation and assistance provided by your City Staff. It is normal and, to be expected that some citizen opposition would emerge but we have appreciated their comparatively calm, well reasoned, and thoughtful response to the "real world" situation. In all sincerity, I fully believe that this project, when completed, will be a distinct economic, aesthetic, sery ce, yand functional asset to the entire Eagan Community. cooperation in this matter. Sincerely, Eagan 30 .7C Limited Partnership Fortune Realty, Inc . It' s General Partner / 7 J. B •n W; -chke, President cc: Mayor City Council Members City Administrator Planning Department City Attorney -4- .7c Ad September 11 , 1993 PLANNING REPORT For : Eagan City Staff By: Carl R. Dale , Planning Consultant Subject : Safari-At-Eagan Preliminary Plat Application (Narrative Report Augmenting Reports Submitted Earlier Dated 7/14/93 and 8/5/93) Revised Development Plans have been prepared and are to be submitted no later than 4 ; 30 PM Sept . 13 , 1993 . Changes/Amendments are based upon the following : 1. Results of meeting with the nearby Neighbors (two formal and several informal at the Development site) . 2 . Meetings with and suggestions from City Staff . 3. Considerable further stuy , planning , and observation visits to similar projects existing and under construction. 4 . Advice from a Theater Consultant . 5 . Further plan changes will be submitted as soon as possible following a meeting with City Staff and a newly retained Landscape Architect . Plans prepared to date for Landscaping (incl . screen/buffers) are not considered adequate and proper . Primary Plan changes made to date include the following : 1. Driveway entrance to Restaurant site has been moved north to line up with entrance to Thomas Lake Shopping Center . 2 . Driveway around Restaurant has been eliminated and building reoriented on site . 3. Theater and Health Club buildings have been moved further south and lowered. 4 . A berm has been added between Project Site and adjacent Townhomes (berm subject to further design changes prior to Planning Commission meeting) . 5 . More dense planting (evergreen) has been added along the north and west property lines (said planting design will be changed with even more dense planting added prior to the Planning Commission meeting) . 6 . Fence (non-climb)-- (wood) has been added along the north and west property lines (fence design/location/color still subject to change) . A "wood" fence , however, is recommended at this time to serve as a barrier to both pedestrian movements and sound until these needs (8 to 10 years) are eliminated by mature plant growth. 7. Parking lot east of Health Club has been lowered and some retaining walls still present have been modified (terraced) and can be land- scaped. 8 . The number of parking spaces has been reduced and moved further away from the Townhomes (reduced number of parking spaces necessi- tated by building movements and increased area for green space) . -1- mow 9 . Sidewalk has been added along Thomas Center Drive . 10. Theater Building (foot print) has been redesigned and moved further away from Townhomes and Health Club . 11. Amount of green space has been greatly increased and subject to still further change based upon City Requirements for parking lot landscaping (parking lot islands , "5% Rule" , etc . Some Suggestions Made But Not Incorporated Into Development Plan Suggestion : Move parking at northwest corner of Project still further south . Reason: *Would serve no practical purpose since already fully screened for sound/view . *Would reduce total number of available parking stalls below acceptable limits . *Would add green space where none is needed for any purpose . Suggestion: Vacate/Modify/Partially Close/etc. Thomas Center Drive to add lot space and allow moving Health Club Building . Reason : *Except for limited Employee use , neither the Theater nor the Health Club can utilize Customer parking to the rear (due to design/function of buildings) . *Poor emergency vehicle access /movement . *Could tend to "overload" Cliff Road and intersection congestion with possible "grid-lock" at Restaurant , Shopping Center , and Service Station access drives . *Probable objection from Shopping Center Merchants . *Would not permit a significant lowering of buildings . *Time element (added time to accomplish would likely result in withdrawal of investors from Project) . Suggestion : Lower Health Club even more . Reason : *Not practical nor feasible (would require grading changes to the west resulting in unacceptable pipe line depth and increased need for retaining walls along west Property line . Suggestion : Connect Theater and Health Club Buildings (shared use of single building) . Reason : *Main entrances to each use in such proximity not accepta- ble to either occupant/user. *Not practical or feasible (side exit from Theater is required by new footprint design/shape/auditorium layout . *Would create even greater building mass as viewed from Townhomes . Suggestion: Slope dirt from north property line up backs of Theater and Health Club . Reason : *Would create drainage problem. *Would not permit required building fire/emergency exits . *Would be an open invitation to burglers (breaking and entering via roof) . -2- The following are concerns/questions raised by neighbors and our response : - Concern : Lighting for buildings and parking lot. Response : *See previous reports . *City Staff review of types/specifications/locations/etc. prior to installation. *On-going PUD conditions controlling future maintenance/ modifications/violations . *Can be wired/switched/programmed to shut off or dim in some areas during some hours of the night if required. Concern : Enforcement of Conditions , proper maintenance of buildings and grounds , etc . Response : *Legal , detailed PUD Conditions applied to land and all future owner/occupants subject to fines /penalties (daily) and/or loss of Occupancy Permit . Concern : Theater noise (slamming car doors , loud car radios , parking lot disturbances , racing cars , sound from within the build- ing , etc. ) Response : *Detailed PUD Conditions . *Sound insulation within walls of buildings (must also eli- minate sound transmission between auditoriums within building) . *Hire private Security personnel if necessary (part-time , off-duty Police , liscensed Security Company , or other as may be approved by City) . *Patron disturbances are not generally normal at all Theaters but where present usually caused by inadequate Lobby area/ facilities forcing patrons to wait outside building . Build ing is being redesigned to assure adequate Lobby space. *Theater Consultant has been retained to assist in all design/ operational considerations . Question : Theater Type . Answer : *Not known at this time but will be first-run films if first theater approved for construction in Eagan Area ; second-run at reduced admission charge if second approved for construc- tion in Eagan . *Second-run films do not normally result in any additional public nuisance factors/conditions . nor do they require a second rate , poor quality building design . Concern: Increased traffic on Thomas Center Drive (design capacity) and Thomas Lake Road (volume/safety) . Response : *In our opinion, no undue traffic problems will result but it is assumed that City Staff will properly and adequately address this matter. *An increase in the number of Theater screens (not seats) will aid in staggering time of vehicle trips and aid in parking space turn-over. *The traffic signal on Thomas Center Drive at Cliff Road is a definite positive factor ; without said signal , traffic flow could be difficult . *If it becomes necessary , Theater personnel can direct and/or control traffic flow (in manner similar to that utilized at large out-door screens some years ago) . -3- low *Prohibit parking on Thomas Center Drive if necessary. *Thomas Lake Road is a "thru-street" (from Cliff Road to Diffley) and more likely to be affected by "area-wide" development/traffic patterns than this one Development . Increased traffic volume resulting from this Development will be primarily at night when school/playgrounds/public uses are not being utilized. *Traffic congestion/noise on Cliff Road and perhaps even Thomas Lake Road will show future increases with or without this Development. *All three uses are such that trips will be generated rather equally from all directions and thus not unduly impact north/ south traffic on Thomas Lake Road . Question: Is traffic signal planned at intersection of Cliff Road and Thomas Lake Road? Answer : *City apparantly has no such plan . *This Development , alone , is not likely to greatly affect such a consideration. Concern : Pedestrian intrusion into adjacent residential areas . Response : *Such intrusions will be stopped or made very difficult by fencing , berms , retaining walls , and very dense plant- ing. *Plans have been modified to prevent pedestrian movement from the Project Area to both the north and west (an earlier Planning Report suggested a possible need for pedestrian access to Hickory and perhaps Hickory Hill streets to the west ; apparantly there is no citizen sup- port for such a concept) . Concern : Noise (slamming car doors , traffic , 24-hour operation of Health Club , trash pick-up , etc. Response : *Hours of trash pick-up or any associated noise generation can be regulated by PUD Conditions . *Health Club useage during late evening and early morning hours is very limited (primarily for cleaning purposes) . *Health Club parking lot useage can be regulated by PUD conditions and the Occupant has already agreed to limit hours of parking use near the Townhomes (with or without such a City condition. *Tests have been conducted of similar development situations (under much more severe noise generation conditions) to determine the effectiveness of sound barriers (berm, fence , dense planting , elevations) as planned for this Development . At present , even car door slams in back of the Thomas Lake Shopping Center can be heard from some Townhome units ; It is our opinion that even some of these sounds will be stopped or greatly "muffled/absorbed" by planned noise barriers and even the buildings themselves . *Significant future noise generation problems are much more likely to result from increased traffic (especially truck) on Cliff Road ; as planned, this Development should aid in mitigating this problem. *Noise problems can also be alleviated by on-site , private security personnel if necessary . -4- Concern : Protection of one-family homes adjacent to the west . • Response : *With the exception of two homes nearest the proposed Restaurant and Cliff Road , this residential area is comparatively easy to protect by a variety of existing and planned conditions (elevations , fencing, existing and proposed vegetation, etc. ) . Plans are being modified to increase protection for the two homes involved. Concern : Odors- from Restaurant (cooking) and Health Club (swim pool chlorine) . Response : *Chlorine (chemicals and smell) are properly contained within the Building by re-circulating air and other specific Building design features/specifications . *Any escaping odor problem will be partially alleviated by distance and the nature of prevailing winds . *Potential cooking odors can be controlled (filters , vent type and placement , air recirculation controls , etc. ) during detailed review of building plan/specifications by City Staff for construction Permits . *PUD Conditions can be applied to future conditions if they should arise . Concern : View From Townhomes . Response : *Numerous plan changes (moving of buildings , adding berms , changes in elevation , additional planting , etc. ) have been made and further changes will be made prior to the Planning Commission meeting. Said changes will be in response to City Staff suggestion/assistance and sub- mitted in time for proper Staff review as may be directed and required. *Building materials/color/design will be the same on all four sides . *No "look-out" windows are present on either building. *Under any conditions , view will be fully screened upon growth maturity of plantings ; every practical effort is being made to screen views fully at the time of construc- tion. Concern : Affect of berms on drainage into and on Townhome site. Response : *Minimal and not a cause for concern (opinion of Engineer for both projects) . Concern : Building Architecture . Response : *Existing plans for the Health Club to set the tone/pattern/ standard for design of Theater and Restaurant Buildings ; said design will be changed only if so required by the City as a Condition for approval. *Both the Theater and Restaurant buildings must new be re- designed by an Architect to fit new footprint types and locations , need for more up-to-date use/operational efficiency , and other design features . *Prefabricated wall panels common on some industrial build- ings will not be utilized; standard masonry construction will be utilized. Request : Construct Berm/Screening/Buffers prior to building use/ construction/occupancy. -5- Response : *This can be done in full or in part affected only by time requirements for gaining approval to lower the • Pipelines . Construction of the Health Club will start as soon as City Permits can be obtained and said construc- tion can be started prior to lowering of the Pipelines . Scheduling of various improvements must be based upon agreements between all concerned and affected. Concern: Hours of Construction Activity . Response : *As regulated and required by the City . Question: Have Theaters been located up against residential areas in other suburban areas? Response : *Yes , and similar conditions have been required by the Communities involved (Source : Theater Consultant) . Additional Comments/Notations 1 . Irrigation of landscaping shall be as required by the City . 2 . The type , height , location , color , etc . of fence along north and west property lines shall be as directed by the City . 3 . No trees shall be planted over Pipelines nor any other underground utility . 4 . Larger (height) trees will be planted if so required by the City . 5 . All existing "significant" trees are located off-site in Residen- tial area to the west ; some may be located in the wetland to be retained and preserved ; other existing trees are small and exist from natural seeding since cessation of farming some ten years ago . Portions of wetland (as now defined) may have been cultivated during dry years in the past ; advise from experts on proper maintenance and nearby planing will be required. Some "signifi- cant" trees have been removed by " clear-cutting" of Pipeline Easement and during construction of the Townhome area. 6 . On week-days , Theater seat occupancy may average only 60% to 70% and even as low as 20% on some nights ; peak occupancy for the Theater (and probably also the Restaurant) will occur on week-ends at which time Health Club occupancy/use will be at its lowest level. Therefore , it would seem that parking plans (arrangements , location , numbers , shared spaces , etc. ) are quite adequate and respond well to the better test for future parking needs - business success and resultant parking need generation levels . 7 . Buildings have been moved and lowered : *Theater : 35 ' to south and lowered 3 ' 150 feet of bldg. wall face against townhomes has been removed. *Health Club : 10 ' to south and lowered 2 ' Parking along entire north border has been moved further south with parking lot east of Health Club lowered approx. 6 ' Green area along north border widened from 20 ' to 50 '+. Green area behind Theater increased by 60 ' (from 20 ' to 80 ' ) . Green area behind Health Club increased by 40 ' (from 20 ' to 60 ' ) . -6- • 8 S L N 2 3 4.4 5 ` o-- Nh.:w r3L.rJC, F"c_,JQI - Gviucs p; t.o 13/3Y 5 ro I . PAI---;ti ■ C, CAL Gc' , A i! l �. -La" / g C IZ S Aiva.us ) el C7—H4.ATc�.. .S42$ 677 =3 - 52(.0 1572 ; 3,5-_ �� /V L07- ivy. 3 a$0 CPi A4.rµ ��..�a� .612a T—i; Note : Final parking may change due to effect of handicapped spaces , final rhaarer dPSien and site nlan details . ,_,. � ADDENDUM Further information to explain our position (much of which has previously been submitted earlier to city staff in writing. ) * Primary Citizen concerns originated from some town home residents adjacent to the north side of the site . Their main concern is with real or imagined problems with the proposed theater. In our opinion, all of these concerns have been reasonably addressed by extraordinary plan modifications and PD conditions that can be placed upon its occupancy, operations and environmental affects . *Citizen concerns from nearby 1-family homes have been rather limited and all of their concerns have been properly addressed. It must be noted that, in fact, the development plan is structured so as to make it relatively easy to protect their homes from potential adverse impacts as compared to the more dense residential development to the north. * We are of the opinion that all zoning, PD, procedural and other public conditions and regulations under which we have proceeded to date are still in full force and effect barring any legal opinion/decision to the contrary . * Any concerns with any use involving consumption of liquor on the premises can be more properly considered at such time the city may either approve or deny issuance of a liquor license . * In our opinion, the trends in commercial development in Eagan and elsewhere are far more complex than noted in the community development department report dated September 21, 1993 and there are good, valid, and practical reasons why certain uses cannot always be located in conformity to idealistic or "text book" concepts of proper community planning. Indeed, there are even differences of opinion as to what constitutes "proper" concepts and theory of land use development . * There is reason to believe that certain "problems" noted with "second run" theaters are unique to the one specific example noted at previous public meetings and not generally common to the entire theater industry. All such potential problems have been properly addressed. * The fact that portions of the Blackhawk PD have not developed at higher density as originally envisioned seems of little practical consequence in this specific instance since : 1 . It is fully recognized that CSC commercial zoning allows for a wide variety of uses that may or may not be suitable - for location on this specific land parcel . We do, however, Page 1 "w agree to limit our choice of uses to those that can stand up to the better and measured tests of "compatibility" via "performance zoning" procedures available in planned unit developments . Under these Procedures, land uses are subjected to tests that measure actual affects on the environment rather than being merely classified by name or type . 2 . Had apartments on other higher density residential development occurred to the west and north, even more residents would be exposed to possible adverse effects from more intensive CSC type development . Indeed, concepts of proposed land use planning do change . * More complete and detailed architectural plans for the health club have now been prepared for City Council consideration since action by the P .C . seems to indicated some reasonable chance for city approval . * Our theater plans were modified in light of the City' s approval of the Mann Theater requiring changes (from first to second run) in type and specialfic prospective occupant/operations . Likewise, plan changes were required in both theater and restaurant building to address staff and citizen suggestions and concerns . The intended restaurant occupants/operators cannot be identified at this time since they could lose their existing jobs if plans became known to their present employers . * The development plan as proposed does meet or exceed City requirements for unpaved green space that will absorb water into the ground. * Final development plans will be "fine tuned" to properly cover handicapped parking, required green space for parking islands, and other such specifics as may be required by City Staff . * There is absolutely no evidence to indicated that this development will lower property values in the surrounding area. * We must note that "LB" zoning permits some uses that can be vigorously opposed by nearby residents, these include : 1 . "Mortuary", "Funeral Home" 2 . "Church", "Religious Centers" 3 . Nursing Homes 4 . Hospital 5 . Public School 6 . Private Clubs and Lodges In effect,this zoning category limits practical use of our land to certain types of "office" buildings which now and within the Page 2 foreseeable future have extremely low market demand. Further, "office" uses may or may not be "appropriate." for a "neighborhood" setting. * With respect to City Staff suggestions that this land be restricted to "Neighborhood" type commercial, it is somewhat ironic to note the zoning regulating list "theaters" as a permitted NB use. . We mention this only to indicate that simplistic or theoretical land use policy can be more complicated than readily apparent . * Our latest meeting with City Staff took place Monday morning (November 8, 1993) at which time we were informed that their position (as stated in Planning Department report dated Oct . 21, 1993) had not changed; our current letter is based on the assumption that this position will not change prior to the City Council meeting scheduled for Tuesday, November 16, 1993 . In any event, we must respond now since, in the past, we have received some staff reports to late to properly respond before scheduled public meetings . One was faxed to my office only 4 1/2 hours before a Planning Commission meeting and some have contained errors that were confusing to both us and some Planning Commission members . * Zoning regulations indicate that a PD can be terminated if not "substantially" completed within a certain time framework; in our opinion, both the total Blackhawk Pack PD and the Safari portion have or are about to be completed. The regulations also require an annual review; we are not aware of any annual reviews that have taken place nor any changes resulting there from affecting this specific land parcel . * For reasons unknown to us, City Staff has not included PD conditions voluntarily agreed to by us and as suggested by neighborhood consensus; some of these are : 1 . Restrict some parking along the north border between the hours of 11 o' clock at night and 6 o' clock in the morning. 2 . Hire private security personnel (as may be approved by your police department) if a need becomes evident as may be determined by the City Council . 3 . Properly maintain the berm and all landscaping on an annual basis for an indefinite period of time into the future and not just for five (5) years as suggested by the town home residents . 4 . No pick up of trash during night time hours . * It seems to us that the City has adequate ways and means to control or eliminate any and all detriments to the public welfare should they become evident and this can be especially enabled by complete and detailed PD conditions . Page 3 * Upon approval of a plat,, we will proceed to obtain required permits from all regulatory agencies (MPCA, Williams Bros . Pipeline Company, MWCC, etc . ) as required; preliminary contacts indicate favorable responses . * At this time, we expect to be in agreement with all specific conditions (such as irrigation of turf grass areas, exterior building materials, trash storage, etc . ) recommended by the City Staff as discussed with them Monday morning Nov. 8, 1993 . * The following Exhibit "A" is one of three reports submitted to your City Staff as to our extensive efforts to communicate and cooperated with City Staff, Neighbors, and others involved and affected. To the best of our knowledge we have, as of this date, complied with all requests except the following: 1 . Eliminate the theater. While still willing to compromise on this issue, we fail to understand opposition to something that now seems to be present . No special or measurable adverse affects on the community environment . 2 . Change in zoning from CSC to LB . We fail to see demonstrable public benefits that would justify what may be a substantial financial loss to us . * When completed, this project (all three lots) will have an estimated value of approximately $8, 000, 000 . 00 * At this time it is anticipated that some of the building will be built by the partnership and leased to user\occupant\operators . * We agree to all conditions requested by the parks commission. Page 4 CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 PART H - PERSONAL INFORMATION DIRECTIONS: This form must be filled out in duplicate with typewriter or by printing in ink by the sole owner,by EACH partner, by EACH manager, proprietor or other agent in charge of the premises, by EACH person who by combined ownership or control has an interest in a corporation or association in excess of 5%. DATE: 9-30-93 1. NAME: KENNEDY JOAN REMICK Last First Middle 2. RESIDENT ADDRESS: 8364 140TH ST 432-1376 Street_APPLE VALLEY MINNESOTA 55124 Home Phone City State Zip 2700 PILOT KNOB RD 612-454-3434 3. BUSINESS ADDRESS: Street Business Phone EAGAN MN 55121 City State Zip MN 4. PLACE OF BIRTH: MPLS HENNIPEN City County State 5. DATE OF BIRTH: SEPTEMBER 17 1959 Month Date Year 6. U. S. CITIZEN? Yes X No NATURALIZED? Yes No If yes, give date and place: 7. ALIAS: If you have ever used or been known by a name or names other than the true name given in #1 above, list such names' and information concernin dates and places names have been used: JOAN MARIE REMICK (MAIDEN NAME ) Name(s) Dates, Places & Circumstances 8. MARITAL STATUS: Single Married X Widowed Divorced Separated 9. If married, true name, lace and date of birth and residence address of spouse: True Name: CHARLES EDWARD KENNEDY Place & Date Of Birth: JACKSONVILLE, FLA. tS-1/-b.5 Residence Address: 8364 140TH ST APPLE VALLEY MN 55124 Street City,State,Zip 10. Address(es) at which you have lived during preceding ten years. (Begin with present or last address and work back) Number and Street City and State Dates 423 E STANELY ST W ST PAUL, MN 55118 2 /93 8 / 92 1322 ALTON ST ST PAUL, MN 55116 2/90 1 /93 425 E ARION ST W ST PAUL, MN 55118 8/87 1/90 JACKSONVILLE FLORIDA 1987 1990 1 police deportment r • PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Administration&Investigation city of oogon JAMES SEWALD Captain Patrol 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 Mayor PHONE:(612)681-4700 PATRICIA AWADA TDD:(612)454-8535 FAX:(612)681-4738 SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator DATE: October 26, 1993 E.J.VAN OVERBEKE City Clerk TO: Sergeant Ken Conyers .41 FROM: Investigator John Stevenson RE: Application for On-sale Liquor License I. This is an investigation for the liquor license for Holiday Inn - new manager. II. License Type: On-sale liquor license. III. Name and Location: Holiday Inn, 2700 Pilot Knob Road, Eagan, MN IV. Applicant: Joan Remick Kennedy, DOB: 09/17/59, address of 8364 140th Street, Apple Valley, MN 55124. V. Financial/Background: I ran complete computer checks on the applicant, Joan Kennedy. These record checks included State DL and criminal records, as well as local criminal records. I also ran checks with West St. Paul Police Department, St. Paul Police Department, and Jacksonville, Florida, Police Department. All record checks came back clear. I contacted Joan Kennedy and she informed me that neither she nor her husband nor any member of her family have a financial interest in any business that is now or has ever been licensed to sell liquor or related products. She went on to state that she now has a dual job at Holiday Inn, that of Manager and Comptroller. She does have a night manager that will be answering directly to her and is in charge of seeing that the bar closes on time. She has put the night manager, as well as the other THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Sergeant Ken Conyers Liquor License Application Page 2 employees in a liquor related area, through a class called 'Tips." This is a class that is encouraged by their insurance company which educates employees about liquor laws and how to prevent violations. Joan Kennedy was named the new manager in the last part of September of this year. We had just recently concluded a liquor license investigation on the previous manager who only worked there a short time. There was no problem with that license application either. VI. Summary and Conclusion: Based on the facts learned in my investigation, as well as the past record of Holiday Inn and their liquor license, I find no reason to deny a liquor license based on this investigation. JS:bk cc: Chief Pat Geagan