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07/06/1999 - City Council Regular AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JULY 6,1999 6:30 P.M. I. ROLL CALL&PLEDGE OF ALLEGIANCE II. ADOPT AGENDA&APPROVAL OF MINUTES(BLUE) III. VISITORS TO BE HEARD(10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS(BLUE) V. CONSENT AGENDA(PINK) PZ A. PERSONNEL ITEMS Q J B. FINAL SUBDIVISION,Oak Bluffs-Manley Brothers Construction / C. FINAL SUBDIVISION,Amoco Second Addition-Amoco Oil Company 9 D. FINAL SUBDIVISION,Noreen Addition-James Noreen E. FINAL PLAT,Easter By The Lake-Easter Lutheran Church P /3 F. EXTENSION for amending the Comprehensive Guide Plan P 9 G. CONCLUDE no fee building permits-May 1998 storm P 70H. APPROVE Police Liaison Services Agreement: School District#197 and the Cities of Eagan, Mendota Heights and West St.Paul Pa(o I. SAFE and Sober Grant 28 J. EXTENSION for recording final subdivision,Townplace Suites Addition Q. 3() K. EXTENSION for recording conditional use permit&final plat,Seven,Eight,Nine Addition (Transport 21) P 33 L. CONTRACT 99-10,approve plans/authorize ad for bids(Wescott/Lexington-Signal) M. CONTRACT 99-11,approve plans/authorize ad for bids(Wescott Rd.Restriping) 35 N. CONTRACT 99-07,receive bids/award contract(Safari Reservoir-Refurbish and Repaint) P3 I O. PROJECT 735,cancel public improvement(Wescott Hills Extended-Streets and Utilities) yQ P. PROJECT 694,receive final assessment roll/order public hearing(Northwoods Pkwy-Streets, n �I Utilities&Street Lights) Q. VACATION of public easements,receive petition/order public hearing(Oakbrooke Addition) P N(0 R. PROJECT 773,request for extended operating hours(Yankee Doodle Reservoir-Paint& Refurbish) .y g S. APPROVE driveway access agreement,Advent United Methodist Church P. yq T. VACATION of public easements,receive petition/order public hearing(Highview Park Addition -Lot 1,Block 1) 53 U. TREE contractor license,Rainbow Tree Company 5� V. CONSIDER application for wine/beer license for Z-Teca of Eagan,LLC,1428 Yankee Doodle f Road(former location of John Hardy's Bar B Q) ,J- SSP W. PROJECT 98-G,acknowledge completion/authorize City maintenance(Eagandale Corporate Center No.4) . 5 7 X. PROJECT 98-H,acknowledge completion/authorize City maintenance(Delta Dental) Y. CONTRACT 98-20,approve final payment/authorize City maintenance(Aquatic Facility- Lighting) 59 Z. PROJECT 678,approve land acquisition agreement,Deer-wood Reservoir(Beiter/Franz) VI. 7:00-PUBLIC HEARINGS(SALMON) 0 A. VARIANCE-Tree Trust,to the City's architecture standards in an I-1 (Limited Industrial)zoning a district,located in the Seneca Wastewater Treatment Plant property in the SW 1/4 of Section 17 (p 0 B. VARIANCE-Douglas Robohm,to the maximum 20 percent lot coverage allowed within an R-1 (Single Family)zoning district on Lot 22,Block 5,Cedar Grove No.4,located at 2086 Quartz Lane n in the NE 1/4 of Section 30 � • '�0 C. PROJECT 770,Denmark Avenue(Street&Utility Extension) o '�� D. OFFICIAL MAP 669 No.1(Northwood Parkway) VII. OLD BUSINESS(ORCHID) 01 1 A. RECONSIDERATION,condition of approval,Interim Use Permit-for Cedarvale Mall,ISD 191 VIII. NEW BUSINESS(TAN) V I' A. CONDITIONAL USE PERMIT-R.J.Ryan Construction,to allow outdoor storage on Lot 1,Block 1,Eagandale Corporate Center No.3,located at 945 Aldrin Drive in the SE 1/4 of Section 11 B. PRELIMINARY SUBDIVISION-Carl Olson and Richard Burger,(Olson-Burger Addition)of 33.53 acres consisting of three lots and one outlot,located east and west of I-35E in Section 10 and a PRELIMINARY PLANNED DEVELOPMENT of the 8.79 acres located east of I-35E PROJECT 694,approve land acquisition agreement,Northwood Parkway(Olson/Burger) ( PRELIMINARY PLANNED DEVELOPMENT-Larry Wenzel(Glen Pond Second),of 10.945 acres consisting of one lot with five 60-unit apartment buildings,legally described at Lot 2,Block 1,and Lots 1 and 2,Effress Addition,located south of High Site Drive,east of Pilot Knob Road and north of Marice Drive in the SW 1/4 of Section 10 IX. LEGISLATIVFIINTERGOVERNMENTAL AFFAIRS UPDATE(GREY) X. ADMINISTRATIVE AGENDA(GREEN) XI. VISITORS TO BE HEARD(for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs,services,activities,facilities and employment without regard to race,color,creed,religion,national origin,sex,disability,age,marital status,sexual orientation,or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received,the City of Eagan will attempt to provide such aid. Updated 7/2/99-1:45 p.m. r� MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 2, 1999 SUBJECT: AGENDA INFORMATION FOR JULY 6, 1999 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the July 6, 1999 City Council agenda, the minutes of the June 15, 1999 regular City Council meeting and the minutes of the June 1, 1999 and the May 18, 1999 special City Council meetings, the following items are in order for consideration. 1 SPECIAL MEETING OF CITY COUNCIL EAGAN,NIINNESOTA May 18, 1999 A special meeting of the Eagan City Ciiil was F; on Tuesday,May 18 1999 at 4:30 p.m. in the City Council Chambers of the Eagah:Nunicipal.Q-cnter Building. Present were Mayor Awada and Councilmembers Blomquist,.MaBu:&rlsont, -Bakken. Also present were City Administrator Hedges,City Attorney;'.. W,-*, it fo i iiblic Works Colbert, Senior Planner Ridley,Director of Finance VanOver&e ,Director'�fNa'rks and Recreation Vraa and Intern to the City Administrator Rathmann. ROLL CALL &AGENDA ADOPTION Coucilmember Bakken made' .*f i:�pr;approval of the agenda. Councilmember Carlson seconded the motion. All Counci.rnei�i�ii:*.*- oio4:in favor of approval of the agenda. VISIT(3S,.T43 Mayor Awada acknowledget��jiftb;to be heard. There were no visitors present interested in speaking on items not listed on the agenda. CONSIDER NORTHVIEW PARK ROAD EXTENSION& SHARED PARKING/PATRICK EGAN PARK&METHODIST CHURCH Administrator Hedges pro vit :e 13i'i itt Qi#:bf the Northview Park Road extension and shared parking with Patrick Eagap;:Park and tke Methodist Church. Director of Parks and Recreation Vraa provided an short 04ityiew of 1;�e shared parking for Patrick Egan Park and the Methodist church stating that dis on of t :�.rcject dates back to when the City received a letter from the Methodist church expressing an:�rest to expand on their property. Director of Parks and Recreation Vraa presented maps displaying the difficulties with the intersection, stating there is a safety issue for the traffic traveling northbound on Lexington Avenue,that wish to turn into the church. The traffic will cross into the turning lane for southbound traffic creating a dangerous situation. The r *has needed realignment since the church was built and since then,the City has acquired thQk and the project becomes more achievable. He presented three alte pat. ;asapCi�xeckv :the Methodist Church's request. Option A is to provide driveway accoSS; i,LPJi?? #t 3 i�hue and-curb radius for future expansion. Option B is to extend the alignment of the road through the park to the west and allow for connection to the western edge of the church parking:,Option C is to develop option A and option B and addition,provide parking for approximately5M vehicles,all on City property to be shared with the church. Director of Parks and Recreation Vraa stated that providing 55 parking stalls is the most economical option since grading would need to be done regardless of the number of parking stalls. He further mentioned that the Methodist Church is offering to contribute $24,000 to the project. Special City Council Meeting Minutes May 18, 1999 Page 2 l' The Advisory Parks Commission`rii-i lig'dption C to the Council since it is the most logical sequence of development and there would be a reduction of the overall asphalt installed between the park and the church,therefore preserving green space. Councilmember Masin comrrr#ed tlie.gpod sign and concept,but questioned why 55 parking spaces is necessary,sincd-* : i W i* than necessary. Director of Parks and Recreation stated that constructing 5 y''ialls is ri d economical since grading will still be necessary if 24 stalls are constructed,the site.�rep will tie'inore inexpensive and the costs of the project will increase with time. She comnghjtd that Moark will have a master plan and that maybe the decision regarding the parkitsg;d&J;ftaakg:1b* be done at that time. Director of Parks and Recreation Vraa stated ags tliaf'if is cuWYfhore economical since costs will increase with time and it is a logical extension of development. Councilmember Carlson stated that this location for parking is also the most obvious location for long term parking at the park. Director Parks and Recreation Vraa stated that the problem with the current parking is.kbat.at is hidden and this location will give the parking more visibility. She further questioned if-a:pAyq :Valli Fould eventually be constructed to the McCarthy House since currently,it is just a dirt parkingcsl : }3i E of Parks and Recreation Vraa agreed and stated that if the traffic would increast0his may'he ari option. Councilmember Blomquist statei31t : ptlori is the logical place for parking since the topography is poor surrounding i }kik-&1d'other locations would be difficult, and the parking is on a major collector road;''uxington Avenue. Elsonheimer, a neighbor to the project was present and stated that the parking behind the church is an ideal location which is what would take place if the City's options don't develop further. He further stated that the pgrking;ullust acgQ.?�modate both facilities at any given time. Director of Parks and Recreation stitc ;t ;ic iivfi3 :snake of point of not scheduling major events on Wednesday evenings or§und4ys.`'""" Advisory Parks and Recreation Comm&loner,JQ�.�ari stated that the Commission considered that the Park and the parking lot is tte far ate;but if they waited until the Park is fully developed,the construction costs may be an additioAi*15-20%rather than construction of the parking lot today. In addition,the church has agreed to share the parking stalls when the church is not being used. Councilmember Bakken moved to recommend option C. The motion was seconded by Councilmember Carlson. All members voted in favor of on C. DISCUSSION RE: STR � G''`?ON& OVERLAY POLICY Administrator Hedges introduced Larry Danich;;ar- ppraiser Metzen's Appraisals, and . City Attorney Jim Sheldon. In addition,he provided an'iirview of the street reconstruction and overlay policy. He further stated that there is a lot of information and history on the topic and invited the Council to request any additional information that is not included in the packet. Councilmember Masin stated that the appraisal process is critical to this discussion and stated she is interested in hearing a detailed explanation of the appraisal process. Larry Danich r Special City Council Meeting Minutes May 18, 1999 Page 3 stated that his office is responsible for prov ;gpsQiary reports on the field conditions that affect home valuations. When there is an assessable project,their office gets a feasibility report from the City's Engineering Department,which deta' •Iie.w.&t.aAd.exteut;Qfthe project. Councilmember Masin questioned why a report from the Eng i} :pecessary. Mr. Danich stated that the feasibility report explains the types of imp piyQments 4-includes the cost of the project. Councilmember Masin questioned if this process may be Tiias since the cost of the project is listed on the report. Mr.Danich stated that he gatheig;i lformatif:*2nd then makes a recommendation usinginformation from all gathered from * As As a consultant,he only provides his opinion based on gathered inforri a tixt: �ounai#��1sei Masin questioned if Mr.Danich appraises homes in similar developments or only in the development of the home being appraised. Mr.Danich responded that he does an analysis within the community first and then may need to look beyond the community for additional information. Councilmember Masin asked if Mr.Danich checks with the sale of homes before and after improvements and if it coincides with the figures after the movements. Mr.Danich stated that they do not go back after the improvement is made,rathii;t ?.;(tst.indicate the market value increase that can be • expected. Councilmember Blomquist quesy;;inf #on is gathered from the County to determine the assessed valuation. Mr.D.al8iaftlie County is contacted to review the certificate of real estate values and the:.- ales will show what was paid for the property and how it was paid. Contact may also fie'made with the developer. Councilmember Blomquist stated that the County doesn't increase the value of the house per appraisal. Mr.Danich stated that the County is required to use a mass appraisal system that is different than what it used by the private sector. Councilmember Blomquist stated that she has seen two different appraisals done by Mr.Danich's firm. In one example,;a;house sold for more after a road was improved and she stated she would be interested inseitg;; # foe; clalysis of that project. She questioned how to separate the fact that the sariiel'ioil.e`sol 7git had improvements, and what actually contributed to the increase. Mr.Danis' *tated tht:*balysis is based on the individual sales,the assessments assumed,and the curb Vptal of tM:Areets. Councilmember Blomquist stated that the data on improvements is not lisp&the ag pisal and there is very little detail included in the report. Mr.Danich stated that all homes�alyzed and a fully comparative analysis is completed. Councilmember Masin questioned why appraisers need to go into the house to determine if the house is worth more because of a new road. Mr.Dazh stated that they are required to enter the home to make the report legitimate. The requir }cnts come from the governing body and the appraisers are following the laws and guidelines.'''6tiuncilmember Masin stated that when a home is purchased it is expecteditii~iisjf; iigpod condition and there is no subtraction for a poor road. Mr.D4�bg;kows the sale price and the buyer assumes the assessments. Mayor Awada stated that the 4puse is devalued if the road is poor. Councilmember Carlson stated that a bad road decreases;#he value and road maintenance will only add value. Councilmember Blomquist requested a copy of the street reconstruction and overlay policy. She gave a brief summary of the finance committee report stating that the committee has no thought regarding other ways to finance street reconstruction and overlays. The finance committee discussed where money could be put into the budget for only road maintenance,redo's 1 _ Special City Council Meeting Minutes , May 18, 1999 ••. .... Page 4 s and overlays. Administrator Hedges ci4bi i tecJ.-Q.. �iltlitional$800,000 additional levy and stated that the market value will increase•2a4:y*d4Os-,&eet rehab changes are made each year. Mayor Awada stated that$800,000 is only the average over the next five years. Councilmember Blomquist stated that the City generates revenue in which, some neighborhoods are charged more thaii..c}l�erA.;If aa�ailicular.ueighborhood is not receiving the maintenance that it should,the neigliepTic1 !ii: ,ioo }ly charged more for reconstruction. Councilmember Blomquist commented that tlWent prws is unfair. Mayor Awada questioned Director of blic Wo4�tolbert for clarification asking if the city has ever provided zero maintenante ijr� hgrib 'Director of Public Works Colbert stated that the City has not done thaY�fi k:i*ast aiti£ k airied that the seal-coat program was set for certain intervals and it is not automatic. If the neighborhood falls within the range of maintenance,then the City will proceed with the program. If the streets in a neighborhood need more rehabilitation other than just a seal-coat,the neighborhood will be eliminated from the maintenance program and put in the reconstruction program. Every three years the streets are evaluated,unless it is included in the,-.�-Year CIP program then,the streets will be done each year. Councilmember Blomquist stated ttiaie;.'a situation arises,it costs the homeowners more. Councilmember Masin questioned why tfie t it3+U,,kn t•research the records to determine if there is an increase in the property after the imMvemeiiffi ::?&:)Anich stated that the appraisals are not that specific. Councilmember Masin bUted that;2} 4s4 o evaluation and isn't sure if appraisals are valid or accurate since thgr*_:w.sW-1 xstei`icy or validity in any type of evaluations. Administrator Hedges stated that thai;.e:#i :pii�Iic hearing process that is used as a mechanism for evaluation of the project. In add ifi`on,Director of Public Works Colbert's ten year statistics will show the parcels assessed and the formal objections that the City has received,but there is no evaluation program at this time. Councilmember Blomquist faxed a memo to Director of Public Works Colbert inquiring about several questions regarding tib aSsi~8i p4#i ;# lector of Public Works Colbert distributed a packet of information•regar'dirig tti�'f�qui'�fS'ofCouncilmember Blomquist. The packet includes the history of public improvetsis and spetaal assessments for street rehabilitation since 1988 (based on the final aa4itsment lie. ing date). Councilmember Blomquist stated that she would like time to reti+~w the ii# iation and then evaluate the policy and look for areas of necessary improvements. Counciln"er Masin suggested that an appraiser or consultant be hired to evaluate the City's policy and process,including an evaluation with all major projects and determine a flat rate for all projects. Mayor Awada suggested reviewing the memo ftt.she submitted to staff from herself. The memo listed five options to better frame the discuss%#bn the street assessment policy. Councilmember Bakken stated that it doesn't make sensAo change the rules at the end of the cycle. He stated that he would prefi%tp; € Tg :specifics of the policy for the next development stage. -He further stated'tliifi `prisl�ers dtiori'A,leave the current process and policy intact. Councilmember Masin stated that the Co=cr l is aware of the problems with the policy and she prefers option D,make both minor policX process changes,because the problem needs to be solved. Councilmember Blomquist stated that she would prefer option D, make both minor policy and process changes,removing the word"minor"from the statement until the Council gets a chance to analyze what the policy entails. Then a policy may need to be rewritten based on the findings. Councilmember Carlson stated that more research is needed,and then further discussion may begin. Since there is only one more reconstruction project and the City is at the last step of the cycle it is too late to make any changes,although she agreed that an Special City Council Meeting Minutes May 18, 1999 Page 5 analysis of the policy may need to be doi% 3fF tbis: r :'�o change the policy now would be unfair and inconsistent. She suggested red ��rr�t'ig �Yesidential streets and better educate the citizens as to what they are paying for,such as an informal display case at City Hall. Councilmember Carlson suggested option C,leave the current policy intact,making minor process changes such as those six items listed below. Mayor Awada also suggested j ' " ;a&k� :.'.:,''' '; tithe Council has already agreed to . minor process changes. She stated that she has, ,d the pcs eji and it has addressed many of the neighborhoods and the City is nearing the end 0. -The developifient stage and stated that the controversy is in the reconstruction projects,iA*-*- Verlay p ects. Director of Public Works Colbert stated that the maintenance per'.ftifthtfo.�';4&onstruction. Mayor Awada stated that there is one more reconstructioniWiiii :it :e'ie continuing in the next coming years. She commented that no one likes assessments including the Council,however, she believes the policy is fair and there is only one reconstruction remaining and any further analysis would be a waste of staff time. Councilmember Masin stated::Ikat it is not too late to change,it is irresponsible to not evaluate the process,because peoplei7jet...Councilmember Blomquist stated that she would like to see the Council come to a consensus ¢esltve Council agrees the process needs to be changed. Councilmember Bakken stated that lie h $'seen;he policy and is interested in doing back-up checks,however that process can. problexR e it can only happen after a transaction and it is also very expensive... - fietl'tfiat there must be better education by the individual Council members,not:W,-.;0 eil meetings. Changes in assessment costs are political,but that does not necessarily-liiean the policy is unfair. Councilmember Carlson stated that she would like to see changes and better education for residents. She further stated that legislation on how a city can operate may be invalid by the time it is actually implemented and she isn't interested in spending Council workshops on this subject. Councilmember Masin mads }idifiitgli: k with an appraiser or consultant to review the City policy and do a costl6erie if ariaf-%% the report. She further stated that she will not vote for any assessable public: rovems until more information is received. The motion was Seconded by Councihnember#*ji'mquist. : Councilmember Carlson stated that nothing can 1"termined until there is a transaction. Councilmember Masin stated that the appraisals can be reviewed. Mr.Danich stated hat someone could be hired to review the appraisals as a second opinion. All Councilmembers voted infavor. Mayor Awada stated that there may need to be minor process changes. Councilmember Bakken stated that he would like to direct staff to bring the subject;1wk to a special meeting to make a decision about the minor process changes. Councihnem>> $lomquist stated that there needs to ...:. me more detail in the process changes. ' Mayor Awada made a motion tii' rii'iglirsofe is process issues that the Council agreed are concerns to a Council workshop and there will be nq.fwiher discussion on any issues other than the following and the policy will remain as is. The;ateed upon items include:'1)Final assessment hearings should be held at the time of the pu l.Fhearing for approval of reconstruction projects,2)Appraisers should not enter houses to complete their appraisals,3) assessment notices should include the anticipated assessment amount based on the cost and the results of the appraisals and not simply the amount per application of the assessment policy,4) information/education display case illustrating the history and status of street rehabilitation should be placed in City Hall for use by the public, 5)consider an evaluation process for public Special City Council Meeting Minutes May 18, 1999 Page 6 improvement projects that provide some backup as tvUw the City is.doinf W**M its major street rehabilitation and 6)review the process within the asst,* ent policy mantUyor assessing private driveways within a multiple residential neighborhod--6b1}ncilmember$,r lcen seconded the motion. Councilmember Blomquist agreed with the s485S}hov,�� Tiagreed that the Council will not bring back other matters since there has ti2ifit4 �established in which the policy will be changed and could happen at any time with any set of circumstances,therefore, will not support the motion. Mayor Awada commented that the Council has not said that the policy will change. Councilmember Carlson stated that when the development cycle is completed,there may be discussion,however nottT}ieyc�e,has been completed. Councilmember Masin stated the cost of the project'dt�s*pt---' ence to what the assessed value is. The motion passed on a 3-2 vote. OTHER$ .`. There being no other business,the meeting was adjourned at 6:15 p.m. 1 TLH/bjr Date City Administrator . F MINUTES OF THE SPECIAL MEET1 7r, .CTTY COUNCIL :. .. . . :3t�r14$ X#; June 1, 1999 A special meeting of the Eagan Cit,:.C- cij yr :cS•n Tuesday,June 1, 1999 at 4:30 p.m. in the City Council Chambers of the Eagan MuiiiL 0;4 : ilding. Present were Mayor Awada and Councilmembers Blomquist,Masin,Carlson,and Bakken. Also present were City Administrator Hedges, City Attorney Sheldon,Director of Public Works Colbert,and Intern to the City Administrator Rathmann. ROLL CAl a L* t ft:0 PTION Councilmember Carlson stated that she is iIi'1•eiested iri* anding the Council goals that were developed on May 25 from 10 to 15. Mayor Awafd?1:hated that-At best time to talk about doing that would be at a Council Retreat. Councili�iptMbp lliM};;wai*�:ttiotion to adopt the agenda. Councilmember Carlson seconded the rniitliEiiz �' VISITORS TO BE HEARD There were no visitors to be heard REVIEW STREET-REIN MATATION POLICY• Administrator Hedges gave a brief oy i v3att!c> $ti i rehabilitation policy and the current status of the discussion. Larry Popler addressed the City Council with a statement as to how the City is handling special assessments. He raised concerns as to whether the city should continue this process since he feels there is little equality in the policy. Duane Deitz,4277 Boulder Ri sttttl € eGounci]must develop a logical and reasonable basis for the assessment polity:'Iii s 'teti'tlia4'tlie i'i3ad that he resides on, is a private road,yet he is still assessed on the Thomas Lake Road impr0**,*,ments. H*.;further stated that the current policy is unreasonable. Meryl Lunsten stated that it is difficult to determine h2 withe amount of assessment is determined. The amount determined must be simplified and more clearly explained to the residents. She further stated that during the most previous assessment, she was unsure how the money was spent and feels that residents are entitled to an explanation and more openness. Mayor Awada mentioned that the City pays over 60°rt: -fthe costs and typically,a neighborhood does not protest the assessment. Councilmember Blomquist sf i d that she has received calls from residents that never received a break do i ipf tiS s; l .. public Works Colbert stated that a break down of costs are available at City Hall iai: f t131ig Councilmember Masin stated that the cost of the project is irr want,rather what is important is the benefit. EAGAN SPECIAL CITY COUNCIL MINUTES;JUNE 1,1999 PAGE Councilmember Carlson stated t4;fit iii Sst3X provide better education regarding the assessment policy to assist in making th� siderifs more comftle with the process. Mayor Awada stated that only under heavy constructiori ik the cost of the prof6iftl more than the benefit. Meryl Lunsten questioned why hbi8•> ren't assessd iifferently if they are have different values and why the City can't assess a neighborhot c 3 i tiYi$...... a to reduce confusion and unfairness. Ci Attorney Sheldon stated that the Ci iso ' f6 assess similar es of roe the same. City Y tY g' � h'P property rtY Tom Monahan,2840 Highview Terrace,stated that there is a better way to pay for street improvements such as an increase in taxes or an additional maintenance fee attached to utility bills. In addition,the process would avoid contrailq>7 :gQ_ rovide the best maintenance since then, roads will continue to be maintained regafaiess r ie ?:fire-iii�i;ii'c�gram. Tom Monahan stated that now is a good time to adopt a new overall policy. Carl Sherer,4268 Boulder Ridge P9int,.0tkined vt4?-;$oulder Ridge Point residents are the only people assessed when others locateow is sti; :4MIS3so using the road. Director of Public Works Colbert stated that the current policy states that wfii'i'a street is improved,the properties assessed are the frontage properties. Councilmember Bakken stated that when property is developed,the developer chooses the road to be public or private. A private road doesn't meet the same standards and is maintained by an association. Councilmember Blomquist stated that it is difficult to prove the benefit of a road that is not connected. Road construction such as Thomas Lake Road was done nearly 20 years ago and some of the homes have only been ft.*wx$ recently. She further stated that the policy is unfair and needs to be reviewed. Councilmember Bakken stated that thki;e has been g.gr*A deal of talk about the policy,however no solutions or positive action has taken place;.':Hp.pasgg t#:faiting action after the current assessment cycle as discussed at the May 18 Special;C. g. Mayor Awada stated that the issues discussed at that meeting would be the only items iii: ori�iscussion Councilmember Blomquist suggested that item #5, from the May 18 Special Council meeting,concerning the private driveways within a multiple residential neighborhood not be charged and removed from the policy. Councilmember Masin questioned why all property owners on the same street are not charged the same assessment fee. Mayor Awada cwt :i WC:t#W;arq,�tssessed based on direct driveway access. Councilmember Masin suggested that -W.Ibok at the validity of the assessment values that the City has been using. Councilmerriber Carlson stated that the Ci• 3fi in the li0f4le of a cycle and to remain fair,she suggested no changes be made until the cycle is coftlete. C46*ilmember Masin stated that many people do not think that it is unfair to change policies in the middle of the cycle. Councilmember Masin suggested directing staff to check with an appraiser or consultant to review the City policy and do a cost/benefit analysis and validate the report. Councilmember Bakken stated that the Council has voted that there will be no changes until after the current policy cycle. Concerning item#6,as developed from the May 18 Wial Council meeting,regarding appraisers entering homes to complete#}=.:a .4sztL st ;�ehabilitarion projects,Councilmember Blomquist suggested that appraisers m*"J',;i b d c i itering a home for an appraisal. Item#7 discussed the motion directing City staff to t with an appraiser/consultant to review the City policy and do a cost/benefit analysis and validate the:?c�ort. City Attorney Sheldon stated that the only way to review the policy is to review the existing appraisals, and stated that this process is not uncommon. Councilmember Masin stated that this must be done before and after the appraisal and would be able to provide staff with a consultant who m ay be able to do this for the City. She directed staff to a EAGAN SPECIAL CITY COUNCIL MINUTES;JUNE 1,1999 PAGE 3 receive bids on the project. CouncilmemBiEMN* s'r$'f ' :she is aware of another appraiser who would be able to do this and will forward 'riafrie'td' ify NI.-* y Sheldon. Councilmember Blomquist mentd item#8,the o"of activating a special assessment committee. Councilmember Carlson statei:*ftt.item#8 m�.x_ propriately be discussed at a later workshop. All Councilmembers agreed to d28s future Council Workshop. CONSIDER DATE FOR COUNCIL RETREAT Councilmember Bakken made a motion to hold the Council Retreat June 9, 1999 at 5:00.Mayor Awada seconded the motion. DISCUSSION/CAROLYN RODRIQUEZ DIST�LICT 151ftT COUNCIL REPRESENTATIVE Mayor Awada welcomed District:}IIMi:N*i�Rk A bd'entative,Carolyn Rodriquez. She provided a brief introduction of herself aiii��f�fei"that•�I1�364pi='s to be included on the transportation committee of the Metropolitan Council since she has a strong interest in the transportation issues for District 15. She encouraged the Councilmembers to speak with Senator Deanna Wiener,Legislator Wilkin and Pawlenty to express greater interest in LRT in Dakota County. Representative Rodriquez stated that Chair of the Metropolitan Council,Ted Mondale was concerned of the fact the Eagan is not a participant in the Livable Communities&t•(J,CA),however is still interested in LRT. Councilmember Blomquist stated that Eagan meets the Lam:'•"bfincs and would receive no financial benefits of participating. She further stated that the map'ditl 4069:swise impacts on Eagan may be changed slightly to show the impacts of the North/SoutB:Runway.''Mayor: ►wada commented that the City is not X.anti-airport and is interested in working togetlii t with.tlie:MA40%litan Airports Commission. Councilmember Masin stated that the Noise R # aril die held in San Francisco July 18-21. Representative Rodriquez is interested i1} iCi-igWith the Council every couple of months. Administrator Hedges will work with R4iesentative Rodriquez to set a schedule that will work for herself and the Council OTHER BUSINESS There being no other business,tl 'viiAficitittiii at 6:00 p.m. .... TLH/hjr Date City Administrator MINUTES=GULAR MEETJOF THE CITY COU.NW A regular meeting of the Eagan City Council was held on Tuesday,June 15,1999 at 6:30 p.m.at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin,Blomquist, Carlson and Bakken. Also present were City,.pr ministrator Tom Hedges,Senior Planner Mike Ridley, Director of Public Works Tom Colbert,aA*C#* ROLL CALL&PLEVCE OF Ad-iGIANCE Members of an Eagan Boy ScoutTrRogScouf' 'fitiop were present and lead the Pledge of Allegiance. AGENDA Mayor Awada noted that an update on Cascade Bay would be provided under Department Head Business. Councilmember Blomquist noted that Item F of the Consent Agenda,Final Subdivision,Amoco Second Addition-Amoco Oil Comva=IM to ng continued to the July 6,1999 City Council meeting. She also recommended that discussion reg&scl ' :oto.A of New Business,Express Route 77C changes •.•.• (Covington area),be extended to include otherneig�kT?tsi}�bd-rollector streets. City Administrator Hedges noted that there would be an Execussion fiS2loiyiu_g the meeting. Senior Planner Ridley added that Item E of the Consent Agenda,F* ubdjy4s :-X&Teen Addition-Tames Noreen,was being continued. Councilmember Bakken moved;'IVlayor Awada seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 MINUTES OF THE MAY 6,199Y JOINT ADVISORY PLANNING COMMISSION AND C)[T COUNCIL MEETING Councilmember Masin noted a typogra5lurari 'onpage three,the second sentence in the second paragraph and requested the word identify .changeft identifying. Councilmember Bakken moved,Councilnii�er Car] q}seconded a motion to approve the minutes as modified. Aye: 5 Nay: 0 MINUTES OF THE MAY 6,1999 SPECIAL CITY COUNCIL MEETING Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OFULAR MEETING Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 X. MINUTES OF THE JUNE 11,1999 SPECIAL CITY COUNCIL MEETING Mayor Awada moved,Councilmembet Carlson seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 (Councilmember Masin abstained due to her absence at this meeting.) VISITORS TO BE HEARD f EAGAN CITY COUNCIL MEETING MINUTES;j"15,1999 •-• Y PAGE 2 .. Colette Jurek introduced herself as and Local Government Relations Manager for Northern States Power Company andacTtled that she will be responsible for the Eagan area. DEPARTMENT HEAD BUSINESS APPOINTMEN'T`; :#MKk:; QRT.--TASK FORCE City Administrator Hedges provided an of yxew on 'item. • 'ti Councilmember Masin moved,Councilm 8%r Bakkgi't:'Wonded a motion to appoint Assistant City Administrator Verbrugge to represe Woft'o g p1S:fhe Governor's Airport Community Stabilization Funding Task Force. Aye: ''0 RECEIVE AND ACCEPT THE DECEMBER 31,1998 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges provided an overview on this item. Dave Hinnenkamp,representing Kern,DeWenter,Viere,Ltd.presented ft:q. hf!nsive Annual Financial Report. Discussion occurred regarding how to improve the City's bond idit Joseph Bari,3033 Timberwood Trail,aced whadollars in excess revenue is used for. Mr.Hinnenkamp noted that the excess fujds Rfinv $#p 'and remain in the City's General Fund. X. Mayor Awada stated that the Ccil strives to reduce the tax capacity rate each year. She commended Finance Director Gene VanOverbeke and the Finance Department staff for their exceptional work. Councilmember Bakken moved,Councilmember Masin seconded a motion to accept the December 31,1998 Comprehensive AnniiaLMTtcia7: ttM: 5 Nay: 0 IMPLEMENTATION SCHEDUI,F,3 OF EMWgENCY PREVENTION WATER CONVATIOI : 'LAN Director of Public Works Colbert provided: f overvie;W:�n this item. Superintendent of Utilities Wayne Schwan provided additional information. Councilmember Bakken moved,Councilmember Masin seconded a motion to authorize the implementation of an Emergency Prevention Water Conservation Plan for the City's High Pressure Zone during August and September 1999. Aye: 5 Nay: 0 UPDATE ON CASCAj?.E BAY A�'VXTIC FACILITY Director of Parks and Recreation'Keit' raa�piovii�Le -em update on the construction progress of the aquatic facility. He mentioned that the Byerly's Recreatipr;;$cholarship Fund event is scheduled fol June 17 and the Grand Opening is scheduled for June 18. CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the hiring of Jay Villaume,Gillian McLaughlin,Ben Hebel, Joseph Huettl and Ashley Allen as seasonal concession workers for Cascade Bay. EAGAN CITY COUNCIL MEETING MINUTES;JL -15,1999 PAGE 3 • Item 2. It was recommended to approve tlieGlenn Smith and Chad Virgin as seasonal operations/maintenance workers fot Item 3. It was recommended to approve the hiring of Nicholas Burt,Jesse Viall and Matt Adams as seasonal operations/maintenance shift leaders for Cascade Bay. Item 4. It was recommended to approve d1Cttg:o€:a R¢1?llard,Dan Krinhop,Taylor Arneson, Megan Pavek,Kelly Carlin,Nicholas Novti*'•Xeit� �Ase i--W-- ill Steinkogler as seasonal guest ' relations workers for Cascade Bay. Item 5. It was recommended to approve the as a seasonal guest relations shift leader for Cascade Bay. Item 6. It was recommended to approve the hiring of Anne Bolsem,Eric Sidler,Brad Roe,Molly Angermeyr,Jarrett Capstick,Noah Liddle,Kari Schneibel,Molly Towle,Alex Porter,Lindsay Marko, Jamie Boufford,Danelle Larson and Lisa Bordsen as seasonal lifeguards for Cascade Bay. Item 7. It was recommended to approve: ir. g of Katie Linear as a seasonal substitute lifeguard for Cascade Bay. Item 8. It was recommended to approve the hftg of kirrie:l�iesch,Nathaniel Liddle and Brenna Beers as seasonal lifeguard shift leaders for Ca# de Item 9. It was recommended to approve,# of I onya Jolicoeur as a seasonal recreation coordinator for Fitness Fun. Item 10. It was recommended to approve the hiring of Melinda Hoffmann as a seasonal tennis director. Item 11. It was recommended to approve the hiring of Erin Severson,Melissa Manke,Aaron Halbe and Michael Remington as seasonal tennis 1"' xs;;:; Item 12. It was recommended to approve the hirin k Paul A*derson,Carl Torgerson and Brad Butor as .•: seasonal parks maintenance workers. Item 13. It was recommended to approve the hiring'ef McKeiCafferty as a seasonal forestry worker. Item 14. It was recommended to approve the hiring of Tom Johnson and Rufus Johnson as seasonal recreation leaders. Item 15. It was recommended to approve the hiring of Kaci Nfdfi as a seasonal recreation assistant. Item 16. It was recommended to approv ,1p.. ' .9 NancV.upps as a 3/4-time Clerical Tech III in the Community Development Department.'..•.. .. Item 17. It was recommended to approve the hiring of one Is@Qn to be recommended for hire as an Engineering Technician and also to approve the hiring of Tiri.. r as an Engineering Technician. Item 18. It was recommended to approve the hiring of Mary(Maggie)Futhey as an Accounts Payable/Accounting Clerk in the Finance Department. Item 19. It was recommended to approve hiring the firm of Riley,Dettmann&Kelsey to conduct a public market comparison study for the City's compensation plan and for compensation rates for non-bargaining positions. i EAGAN CITY COUNCIL MEETING MINUTES;JI 15,1999 •. PAGE B. Local Transit Tax Levy Option. It was rgid�dove the local transit tax levy option for taxes payable in 2000. C. Final Subdivision,Hittner Addition-Keith Hittner. It was recommended to approve a Final Subdivision to create five lots and one outlot on 4.8 acres at the southeast corner of Pin Oak Drive and Nicols Road in the NE 1/4 of Section 31. D. Final Plat,Oakbrooke Second Additidil'-'1'u2fe' #i s�I If -.'Inc. It was recommended to approve a Final Plat(Oakbrooke 2nd Addition)of a 5 acre exc*iibn into W acre lot and a 3.5 acre outlot located south of Deerwood Drive and west of Deerwood$cbrQol located,.W the southwest 1/4 of Section 21. E. Final Subdivision-Noreen Addition s ,I`sTdreeic::d#:is? szecommended to continue this item indefinitely. - % F. Final Subdivision,Amoco Second Addition-Amoco Oil Company. This item was continued to the July 6,1999 City Council meeting. G. Final Plat,Shaller Addition-Scott @4d:C5jbrini Shaller. It was recommended to approve a Final Plat (Shaller Addition)consisting of one lot at: 533� et►t.paks Place in the NE 1/4 of Section 14. H. Final Subdivision-Oakview Center-Holiday Staticsiisfiifess_Inc. It was recommended to approve a Final Subdivision(Oakview Center)to create ex lots.and:�e;i�tlot on approximately 18 acres,located at the southeast corner of Lone Oak Road and. �f:I49'ih the NW 1/4 of Section 12.7. .• I. Resolution setting public hearing-174=5 *kldge Multifamily Housing Revenue Bonds refinancing. It was recommended to approve the resolution calling for a public hearing regarding the issuance of revenue bonds under Minnesota Statutes,Chapter 462 C. J. Consider amendment to Cable Franchise Ordinance No.101,Article II,Section 4,extending the franchise term to September 1,1999. It jiq p­s:reGi�t en a*W*ftpt Ordinance amending Cable Franchise Ordinance No.101,Article H,Section 4;�fraitrftfse feHit::........... K. Contract 99-09,approv plans&specs,order ad'f'&bids(tftent United Methodist Church). It was recommended to approve the plans for Contract 9(k (Advej f;7nited Methodist Church-Sanitary Sewer Extension)and authorize the advertisement for a bid o?i,3.hing to be held at 10:30 a.m.on Thursday, July 15,1999. L. Consider application for temporary on-sale liquor license and shows license for the Eagan EspressFest to be held Tuly 29th,30th and 31St. It was recommended to approve the temporary on-sale liquor license application and shows license application for the Eagan EsprfiPest to be held July 29-31,1999. M. License Renewals,service stations ail, S e�.ot,,gt.de�i --.6e.S,.It was recommended to approve license .= .T�.•. renewals for service stations and amusefc6 ,sed. N. Ratification of temporary on-sale liquor license for the Eat Foundation for the Byerly's Recreation Scholarship Fund event. It was recommended to ratify the Ji!j r",1999 Special City Council meeting approval of the temporary on-sale liquor license application for the Eagan Foundation for the Byerly's Recreation Scholarship Fund event and to waive the City's$150 license application fee. Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;JU'.�•'.'15,1999 ' PAGE 5 VARIANCE,H.CHARLES•AHLBERG-565 CHAPEL LANE City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved,Courici'1riii''CarLs seconded a motion to approve a Variance of 5 feet to the ten foot setback from a rear-ii3t hne for;dti1ccessory structure at 565 Chapel Lane, legally described as Lot 7,Burview Acres,in the Nl<-Y,4 of Sectig.:}2 subject to the following conditions: 1. The existing shed shall b zps ?dl fio }:} s0perty prior to beginning construction of the new garage. •"' 2. The applicant shall obtain a building permit prior to beginning construction. 3. Consistent with the City's home occupation ordinance,no accessory buildings or attached garage shall be used for Whome occupation. ' 4. If,within one year after approshall not have been completed or utilized, it shall become null and void i ;less apefiibn,icwextension has been granted by the Council. Such extension shall t recjues#es ?i h gifting at least 30 days before expiration and shall state facts showiergQ}icI# f �atfe'mpt to complete or utilize the use permitted in the variance. Mayor Awada opened the public hearing to anyone wishing to speak. The applicant stated that he talked to all of the surrounding neighbors and they were supportive of the variance request. He added that the proposed gaara�.e would fit properly on the site. There being no one else wishing'to'§peak;lVfyor ;�►+atlt�closed the public hearing and turned the discussion back to the Council. A vote was taken on the motion. Aye: 5 1" 0 VACATION OF DRAINAGE&UTILITY EASEMENT (ADVENT UNITED METHODIST CHURCH) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Masin moved, z�yttei} k+�[•Bi►.seconded a motion to approve the vacation of a drainage and utility ease at—A:#':{iQi�33c i vent United Methodist Church and n •::•:...::. g tY r...... . r..:: authorize the Mayor and City Clerk to execute all related documents subject to the receipt of recordable replacement easement documents. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one,she closed the public hearing and turned the discussion back to the Council. A vote was taken on the motion. Aye: 5 Nay: 0 I - EAGAN CITY COUNCIL MEETING MINUTES;l 15,1999 PAGE 6 RECONSIDERATION,INTERIM USE PEkMfT-ISD 191 CONDITION OF APPROVAL City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada moved,Counciingfh'W IVt4sfl !g+*ilidia-$motion to consider an amendment to a condition of approval for the Interim Use Permit( issued�-*35D 191 for the expansion of the Special Education Program at Cedarvale Mall and scheduJo#e item((;g:-.the July 6,1999 City Council meeting. Mayor Awada indicated that heisig#ty : Diicen;ii::te IUP was in regard to the term. She stated that there should be tighter control7•r"the distf'iEi�iof the student population. Councilmember Masin spoke in support of allowing the school district the flexibility it requested in determining the student distribution. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Carlson opposed) ' RUSINESS EXPRESS ROUTE-77C CHANES.(�OVINGTON AREA) City Administrator Hedges provided:i is v 2}a:oii'ttiis item. Councilmember Masin moved,.*. cilmember Bakken seconded a motion to open the item for public discussion. Aye: 5 Nay: 0 Beverly Miller,Executive Director of the Minnesota Valley Transit Authority(MVTA),explained the reasons for changing the bus route,which included community needs,productivity and road construction concerns. She added that a; i*.W*::; ••':° d**14d in April,which no one attended. She commented on the difficulty in makmg:OiW*lis;Y.otit :X-*-'Jk&ried fashion. She mentioned that although the neighbors concerns are important,thay.we not bwd in fact and said that safety is a major concern of the MVTA. She stated that the MVTA,ti$*s hard:Wreach a balance and please as many people as possible. She said that there is no plan to-#instate t8k:bus route on Covington Lane. Mayor Awada asked if there were any plans to add new bus service on other residential collector streets in the City. Ms.Miller said there were no immediate plans at this time and added that changes are usually made every three months. Councilmember Blomquist asked who had been notified of the public meeting. Ms.Miller stated that MVTA Board members and bus riders had been informed. Councilmember Blomquist said that public officials and the ;sdents affected by the change should also be noticed. •. Councilmember Blomquist moiiei-i; Gi + ii#�@>:? Yson seconded a motion to direct staff to study and provide a fact finding for future IvT�I'A tiiiS'ioiit Of►neighborhood residential collector streets and review the comprehensive plan of the MVTA. - Councilmember Masin noted that placing restrictions on transit places the City in an awkward situation. She added that bus service is an amenity and suggested that rather than creating a policy to regulate activities of the MVTA,the City Council should review each issue on an individual basis. Councilmember Carlson concurred. She added that a communication policy should be established between the City and the MVTA. Councilmember Blomquist concurred. Councilmember Masin said that the Joint Powers Agreement provides the City with the authority to take what actions it deems necessary. She suggested that the City Council meet with staff to review the MVTA's strategic plan. A vote was taken on the motion. Aye: 5 Nay: 0 EAGAN CM COUNCIL MEETING MINUTES;Jd.W 15,1999 PAGE Laura Tramonte,1859 Covington Larie' f 1 jib: ity Council for banning the proposed bus route on Covington Lane. Mayor Awada moved,Councilmember Bakken seconded a motion to direct staff to remove the barricades on Covington Lane. Aye: 5 Na 0 INTEREST REIMBVRMY '#':AE0-Y T-BLOMQUIST (PROJECT 725 OAK CHASAftEET RR��ONSTRUCTION) Councilmember Blomquist abstained front: Wussm matter as a Councilmember. City Administrator Hedges provided an overt/-%*X. Councilmember Masin questioned how the interest is charged for special assessments. Finance Director VanOverbeke explained that state law prescribes that interest after the 30-day interest free period must be charged to the end of the year in which the assessment is certified,and if the assessment is not paid in full,the first installment appears on the tax statement for the following year,with interest charged to the end of that year. Councilij�ber Masin asked how residents typically pay for an assessment when they are considering aii:aj3* #;:k�vvOverbeke stated that there are several options and that most people follow the advice of their attoi'it8i ;: Mayor Awada asked if Ms.Blomquist.*0 d beerl�ec pf the prepayment period. Finance Director VanOverbeke referenced the notice,thRfi viia :8 'aIl property owners following adoption of the final assessment roll. He said that not provide any legal advice. Mayor Awada asked about the implications if interest were not-tiiarged on assessments. VanOverbeke noted that money is borrowed to pay for projects and either the benefiting property owners or the taxpayers at large must pay the interest. Mayor Awada asked if the City had previously received similar requests for interest reimbursement. VanOverbeke stated that similar requests have occasionally been received,but state law - does not provide staff with the authority to not certify the assessments or not charge interest. He said that property owners have the option to pu*fe" ::�v t te'.C`ty Council. Councilmember Carlson asked if the Courajqad eve;.approved an interest free assessment. Finance Director VanOverbeke said he was not awftof any "action by the Council. Councilmember Bakken asked when the current law went into effei*:-:VanOve) ke estimated that it has been in place more than twenty years. Mayor Awada said that tJie notice tl14:' ?ivas sent to all assessable property owners was very clear regarding the interest free prepayment period. Councilmember Carlson asked if the Council would be going against state law if they approved Ms.Blomquist's request for interest reimbursement. VanOverbeke stated that state law has been implemented to collect the money;however, the City has the authority to refund the money,which has been collected. City Attorney Sheldon said the City is obligated to follow state law procedure,but can re fun money if there is a legally justifiable basis for doing so. Councilmember Masin asked A4Si'ti : OgicQuld take if they disagreed with the current state law. Director VanOverbeke saiat staff siilcl'be directed to lobby to have the law changed. Councilmember Bakken asked if the City had evetWbsidized an interest free loan as a personal favor. City Administrator Hedges said he did not recall that- City had ever done that. Councilmember Masin mentioned that occasionally assessments have been deferred. City Administrator Hedges stated that there have been instances where assessment amounts were negotiated or deferred prior to certification. Mayor Awada stated that assessments have never been deferred without interest, but rather assessments have been deferred with interest to be paid at the prevailing rate in effect at the time the assessment is due. Councilmember Blomquist said that the City has done it both ways and added that she was not concerned about this issue until she thought about the effect to other property owners. She said the notice EAGAN CITY COUNCIL MEETING MINUTES;AN 15,1999 PAGE was well written,but further said that,givi3 [Vit¢fact th4tb* are prohibited from charging interest for prepayment of a loan,perhaps this matter shoi�%:3a oikg rt:to the League of Minnesota Cities for consideration. She mentioned that the notice does i df contain any language about when to pay an assessment if an appeal is filed. She added that although the special assessment bill is divided into two payments during the year,the special assessment amount is paid with the first installment of taxes. Councilmember Bakken asked if;A;ss-*;%r4:��:2*i;P.J. ation to explain to people how to file a lawsuit against them. City Attorney law prescribes the language required to be included in the notice. Mayor Awa&iBked Cc ilmember Blomquist what was meant by hL-r comment that the City has done it both way :jrouncilmember Blomquist stated that when someone files an appeal in District Court,the asseAA nt amQ%cf is not certified until the discrepancy has been settled. Mayor Awada said that thisa ;iaSititiie to the issue of interest reimbursement. She asked if the Council has ever certified* i!�*assessmei f Tiilf'and then not levied the assessments due to a pending lawsuit. City Administrator Hedges said there have been instances,at the time of the public hearing,where assessments have not been levied by order of the Council. Finance Director VanOverbeke said that certain instances may have occurred prior to the adoption of the current assessment policy. Mayor Awada asked the rationale:for.Ms.Blomquist's request for a refund of the interest. Councilmember Blomquist said she was�at,S# t :q.Fefund because she disagrees with charging interest • for an entire year following payment of the ais f � s'9" oxtcilmember Bakken stated that this was a highly irregular request. X. Councilmember Masin said she did not: e ; �1'w iy interest is charged for the entire year if the assessment is paid off early. Mayor XK as #f i*$ vC. that state law mandates that the interest be collected for the entire year and said it �ti3d be a nightmare for the City to grant an interest free loan to those individuals seeking to sue the City. Councilmember Bakken said that a policy of this type would require a general taxpayer subsidy. Councilmember Carlson said the Council would be setting a dangerous precedent if they chose to refund the interest following certification of the assessment. Mayor Awada moved,Counci.lijuA# ait? :Seect# ti a motion to deny Bea Blomquist's request for a refund of$144.59 of intereif;L;ftiiYi'eT'osi' esstirient of the Oak Chase street reconstruction project. Aye: 4 Nay: 0 (CouncilmdwiDer Blom4pist abstained) PRELIMINARY SUBDIVISION-MICK1' AND C .KIEFFER(KIEFFER ADDITION) City Administrator Hedges provided an overview on' item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved,Mayor Awada seconded a motion to approve a Preliminary Subdivision entitled the"Kieffer Addition"located south of 04he Road and west of Dodd Road in the NE 1/a of Section 24 subject to the following conditions: •• .• 1 •ettatl conditions of plat approval as adopted 1. The Developer shall coiM ;w t1 : by Council on February'3;7993:'`"'`""' H1 2. The property shall be platted. 3. A declaration of covenants and restrictions shall be prepared by the applicant(in a form deemed acceptable by the City Attorney)which requires access to Outlot A to be achieved only from Dodd Road(through the excepted property to the south). The restriction shall be recorded with the property as part of the final subdivision. 1 EAGAN CITY COUNCIL MEETING MINUTES;Jt1i 15,1999 . .. PAGE 4. This development shall det #ea• Q #pgt; "age and utility easement centered over the shared lot line between T of: ; iy ?rtfCst l�. 5. This development shall be responsible for a cash parks dedication or on-site ponding when it is replatted. 6. Outlot A shall be subject cs:':i: j':v ain . dication or on-site ponding when it is. replatted. 7. An undisturbed and unmaintaineck-buffer extending at least 30 feet back from the delineated boundary of anV•.weWWikhall be' d. 8. A wetland survey shall Ue'couipleted to g;�ti imine the presence of any wetlands. A vote was taken on the motion. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION,REZONING&VARIANCES-HERITAGE DEVELOPMENT (C- sRRYWOOD KNOLL) City Administrator Hedges provide item.item. Senior Planner Ridley gave a staff report. Mayor Awada asked if the street gracid : Cpta4i7e to the Engineering Department. Director of Public Works Colbert stated that there#iiftl streets in the City where the grade is greater than 8%. He added that the City Council sho.::i c etermine if the variance is warranted. Roger Schaaf,515 Chapel Lane,commented on the agreement he has with the City regarding the easement on his property. He said that his main concern is with the amount of traffic that will be generated from the Windsor development. Councilmember Carlson moved;'Cbiitit rii t i f441-seconded a motion to approve a Rezoning from Agriculture to R-1 Single Family Rojoential fcw. 2.1 acres located at 502 Chapel Lane, south of Hwy.55 and northeast of Bur Oaks Park ig tie northe,t8.t 1/4 of Section 12. Aye: 5 Nay: 0 Councilmember Carlson moved,Councilmeniber Bak3eeK seconded a motion to approve a Preliminary Subdivision for 23-single family lots and one outlot on 12.1 acres,subject to the following conditions: General Conditions 1. The developer shall comply with these stancF s conditions of plat approval as adopted by Council on February.,3,t; 993;.; B2,B4,C1,C2,C$;'C4,'D1, 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. This would require an inside noise level reduction of at least 20 dBA(DNL level minus required dBA level). This noise attenuation requirement shall be recorded against each lot as a notice to buyers and builders. r EAGAN CITY COUNCIL MMING MINUTES;Aft 15,1999 PAGE 10 4. Lot 6 shall provide a nvru �it: k p ?.yaxd. c k of 15 feet for the existing structure. Storm Drainage 5. The developer shall obtain MN/DOT permit approval for the proposed storm water discharge into the Hwy.55 right-of-way. Water Ouality ..... 6. On-site ponding shall be construc d to treat WMff prior to discharge to Pond GP-2. The pond shall be in the location shy 2 the pieliinary grading plan. The excavation of the pond shall include a: fifptl?.icie_ iG,:83fety bench extending from the normal water level. Side slopes;Mo:w the bent %9fi 11 not exceed 3:1. The pond shall have a minimum wet volume of.09 acre and.22 acre-feet. 7. A cash water quality dedication in lieu of on site ponding shall be required for areas in the development for which stormwater runoff is not treated by the proposed pond. Grading 8. Prior to final subdivision app�gyal,the'i ei 2Topey shall obtain a grading easement from the property owner of Parcel ab-06 fcu.t : iId osed grading of Chapel Lane. Utilities 9. The existing sheds shall be removed and all wells and septic tanks abandoned and capped according to Dakota County and City requirements. Access/Street Design 10. The developer shall o '+'way along the south boundary of Parcel 010-06 to accommodate the Chapej:;-ane extension prior to final subdivision approval. 11. Prioi to the applicant receiving firW*ubdivis*Jhapproval,the City Council must have approved an improvement project'foi the coition of Chapel Lane to Highway 55. Easements/Ri ghts-of-Way/Permits 12. The development shall dedicate restricted access along the entire length of the subdivision adjacent to Hwy.55 right-of-wag,*:4 s required by the Minnesota Department of Transportation. Tree Preservation 13. A revised Tree Mitigation/Landscape Plan khigl be submitted that includes the following changes: 14. To help prevent future defoliation by insects(yellow-headed spruce sawfly in particular), the row of Black Hill Spruce trees along the east and south property lines should be broken up with other conifer and/or deciduous tree species or with clusters of trees with adequate spacing between them. 15. Substitute more shade tolerant conifers and/or deciduous trees for Black Hills Spruce on the south property line. • EAGAN CITY COUNCIL MEETING MINUTES;T 15,1999 PAGE 11 16. Heavily landscape the area•a'ri:#L ';off E :Xopbsed retaining wall,behind lot 9,to serve as . ?. :.. safety screening for this six-foot refaM!Rg wall which is located adjacent to park dedication land. 17. Strategically cluster the proposed boulevard trees into areas where they will serve as buffers from road traffici " '• 1mfi2zs should be placed on the outside curves of the two road turns and'ti � ..• ' 18. The Tree Inventory/Tree Preservation Plan shaJ1 be revised to show the correct placement of tree protection fen 'athe pe titer of the Critical Root Zone as defined by the city ordinance. Tx* : e(t{vegISfies:�i.e.orange colored silt fence or 4 foot polyethylene laminate sarfety'rieft ng)sitO-06'installed at the Drip Line or at the perimeter of the Critical Root Zone,whichever is greater,of significant trees/woodlands to be preserved. 19. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading p�nRit to ensure compliance with the approved Tree Preservation Plan and placement of ths:; tQf;J?xotection Fencing. Park and Trail Dedications 20. This development shall beresile for-4*-ra'rIc land dedication consisting of Outlot A (1.07 acres). The develoM.:8W'* Vey Outlot A to the city free and clear of all encumbrances and shallj:responsible to record the conveyance with the plat. The developer shall provide the city with evidence of clear title to the property prior to conveyance. 21. Trails dedication shall be fulfilled through payment of a cash dedication. The cash trails dedication is payable lat for recording,at the rate in effect at that time. 22. To recommend approval of a Variam to redu`c'd:the minimum front yard setbacks from 30 feet to 25 feet for Lots 1-5 and# 20-23;; j►d from 30 feet to 20 feet for the remaining lots in the development:'"' 23. To recommend approval of a Variance to exceed the maximum 8% street grade and construct the street with grades of up to 10%. A vote was taken on the motion. Aye: 5 Nay: 0 Councilmember Carlson moved;• rxAiva�ia.S@condpd a motion to approve a Variance to ,}'.. reduce the minimum front yard setbacks#iq} 1# ;tQet:for Lots 1-5 and Lots 20-23,and from 30 feet to 20 feet for the remaining lots in'tlie 61'*V-l3piitisrif"Ay2 5 Nay: 0 Councilmember Carlson moved,Councilmember B&en seconded a motion to approve a Variance to exceed the maximum 8%street grade and construct the street with grades of up to 10%. Aye: 5 Nay: 0 LEGISLATIVF/INTERGOVERNMENTAL AFFAIRS Mayor Awada mentioned that she and three members of the City Council would be attending the upcoming LMC Conference in Rochester. She also mentioned that two youth delegates from the City would be attending. 1 EAGAN CITY COUNCIL MEETING MINUTES;jtw 15,1999. •. PAGE 12 f ADMIN $ IA ;ACENDA SPECIAL CITY COUNCIL MEETING Mayor Awada moved,Councilmember Bakken seconded a motion to schedule Special City Council meetings for June 22 and 29 at 5:Q(3 s; t;::: : :- CONSIDER ORDINANCE CHAS* TO Cft-'.:CODE,SECTION 10.31, NOISY PARTIES.RR GATHE ZINGS City Administrator Hedges provd;M:m z<ieidi v:chi this item. Councilmember Masin moved,Councilmember Blomquist seconded a motion to direct staff and the City Attorney to prepare an ordinance revision addressing noisy parties or gatherings. Councilmember Carlson said that if the City of Eagan is going to model their ordinance after the City of Apple Valleys she would prefer.tba.language be changed to state that an officer will first provide a warning,and if a second call is receivQ*:die bftgT would then have the right to order the participants to vacate the premises. Councilmembers coiiLtrir �:::::::::::::;•., A vote was taken on the motion. Ayee': Nay: Q; SURPLUS PRO 'ER ' U STATES POST OFFICE (JOHNNY CAKE R33}G '*ROAD,SOUTH OF DIFFLEY ROAD) City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved,Councilmember Carlson seconded a motion to open the item for discussion. Aye: 5 Nay: 0 Councilmember Blomquist said that the prQp.gsed use.may be too industrial for this site. Discussion occurred regarding the use of the prop for pub P urpose,downzoning and resale. City Attorney Sheldon responded to a ques4idn abouf-:"f ichase and resale and stated that the City has the right to acquire the property for a public purpose'biit it would not be appropriate to acquire the property merely for future resale. Senior Planner Ridley stated that he is currently in discussions with the City Attoneys office to determine if the City has the ability to initiate a rezoning of the property to bring it into compliance with the current Guide Plan designation of D-II. Councilmember Carlson said that this site was not ap*$;l e for salt and sand storage purposes and was too costly to acquire for that reason. Mayor Awada agreed and suggested that the most appropriate land use at this location woi t :# iai [3j-:iKlential and added that perhaps this site would be suitable for zero lot line,single list itsid'�iifiief'$�veopment. She said that staff should notify Welsh Companies of the City's desire to rezone the property:;; . Mayor Awada moved,Councilmember Blomquist seconded a motion to direct the APC to hold a public hearing to rezone surplus property on Johnny Cake Ridge Road,south of Diffley Road,to R-1 and direct staff to pursue another location for satellite salt and sand storage purposes. Councilmember Blomquist offered an amendment to the motion to provide the City Council with the option to purchase the property for public use such as a park. Mayor Awada did not accept the amendment because she said this site is not an appropriate location for a park. A vote was taken on the motion. Aye: 4 Nay: 1 (Blomquist opposed) EAGAN CM COUNCIL MEETING MINUTES;JUNE 15,1999 PAGE 13 PREMISES PERMIT RENEW PLICATION,EAAN HOCKEY ASSOCIATION FOR A PULL-TAB OPEWION AT THE CHEROKEE SIRLOIN ROOM City Administrator Hedges provAi'4% -iib;oyq�i' Y!`R item. Councilmember Masin moved,Councilmemliei•Bakken seconded a motion to approve a resolution renewing the charitable gambling premises permit for the Eagan Hockey Association for a pull-tab operation at the Cherokee Sirloin Room located at 4625 Nicols Road. Aye: 5 Nay: 0 PROJECT 749,HWY.55;SCr;: �y (RECONSTRUCTION) Director of Public Works Colbert provided- overvidi**';�cnd said that MnDOT will not approve plaris that preclude Windsor Estates from taking access to the4mtage road along Highway 55 and will no longer fund the reconstruction. ..,:. Mayor Awada said that she agr66d With•MnDO'FWA direct access to Highway 55 from the Windsor development would be dangerous. She suggested that access be taken onto the road by the Schaaf property. Director of Public Works Colbert stated that the best access location for the Windsor development would be either onto the frontage road or onto Chapel Lane from a number of locations. He said the Chapel Lane option would require acquisition of private property. He added that the best location for the entire neighborhood woWcl-4w to extend Chapel Lane to Highway 55,which could then become a signalized intersection. Mayor Awada said that another P.ubi•sheazing.••s�• .@d•.. kheld. Councilmember cilmember Carlson stated that MnDOT should be responsible for the recgikstrvrb m'.0:. ,oad and not the City. She questioned whythe Ci is determining the access for 'kSSi ' '.;d&dlo went and not the developer. Mayor h' g i?�.. r p P Y Awada added that the City Council doebsv '#o state where the Windsor development will take access onto Chapel Lane. She reiterated:tliat another public hearing should be held to let the residents know the two options,one being access off a cul-de-sac and Random Road and the other access being off Chapel Lane. Mayor Awada moved,CouncftVmber Olson seconded a motion to schedule a public hearing for July 20,1999 to address the conditiA;i Ea i 3-ft.f i;;4 ccess for Project 749(E.Hwy.55 So. Frontage Rd.-Reconstruction). Aye: 5'N"ay ROUlgV.TABLIs: --:;: Councilmember Masin mentioned that she was consijAn attending the N.O.I.S.E.Conference. She further mentioned that staff is meeting with a resident of the Windcrest neighborhood tomorrow regarding some concerns with Cascade Bay,which will be followed by a community meeting in a few weeks. City Administrator Hedges stated that it would be appropriate to wait at least two to three weeks prior to holding the community meeting to allow enough time to adequately assess the impacts of Cascade Bay. Further discussion occurred regarding the meO-ages that should be taken to limit the disturbances to the adjacent residents. It was decided that tt 4 tformation that is collected during the next few weeks should be reported to tty #tsr ;yRrksession. Councilmember Carlson mentioned that the Byerly's.Scholarship Fund for Youth event will be held on Thursday,June 17 at Cascade Bay. She commendeciyor Awada and Pat Dill.for championing this cause and thanked staff for all their hard work. She furt)rMnentioned that the Cascade Bay grand opening will be Friday,June 18. EAGAN CM COUNCIL MEETING MINUTES;Jt ft 15,•1 99:.. ••••. PAGE 14 ... .... .W0URNMEN.- The meeting adjourned at 9:15 p.m.tofactCitttvC Session to consider the Deerwood Reservoir site acquisition settlement offer. Present were Mayor Awada and Councilmembers Masin,Blomquist, Carlson and Bakken,City Administrator Tom Hedges,Director of Public Works Tom Colbert,and City Attorney Jim Sheldon. MLK Date .... City Clerk If you need these minutes in an alternative form such as large print,Braille,audio tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 55122,(651)6814600,(TDD phone:(651)454-8535). 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 tci*ge-.color,creed,religion,national origin,sex,disability,age,sexual orientation,marital status or status with reassistance. t r Agenda Information Memo July 6, 1999 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1)motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Temporary Y2K Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Elaine Messier as the temporary Y2K Intern. Item 2. Seasonal Lifeguard Shift Leader/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Russell Tapper as a seasonal lifeguard shift leader for Cascade Bay. Item 3. Seasonal Lifeguards/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Emily Klatt, Katy Holm, David Streefland, Malissa Johnson, Christopher Ahrens, Irene Wheeler, Lindsay DeMarais, Jennifer Kilby, Kevin Mickio, John Koniges, Ashley Nutt, Kristi Millmann, Kristin Reither, Matt Porter and Tony Mason as seasonal lifeguards for Cascade Bay. Item 4. Seasonal Guest Relations Worker/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Stephen Piehl as a seasonal guest relations worker for Cascade Bay. Item 5. Seasonal Tennis Instructor— ACTION TO BE CONSIDERED: To approve the hiring of Jenny Tomes as a seasonal tennis instructor. Agenda Information Memo July 6, 1999 Eagan City Council Meeting Item 6. Seasonal Skating Instructors/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Laurey Nelson-Krepacz, Stacy Showalter, Maria Whiteman, Amanda Helebrant, Susan Marks-Kerst, Jayne Chromik and Katie Hillegue as seasonal skating instructors for the Civic Arena. Item 7. Seasonal Assistant Skating Instructors/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Jennifer Van Horne and Torie Van Horne as seasonal assistant skating instructors for the Civic Arena. Item 8. Seasonal Camp Directors-- ACTION TO BE CONSIDERED: To approve the hiring of Kathy Fletcher and Sandra Hillyer as seasonal Camp Directors. Item 9. Seasonal Recreation Leaders-- ACTION TO BE CONSIDERED: To approve the hiring of Estella Battle, Barbara Sandow and Patrice McGee as seasonal recreation leaders. Item 10. Seasonal Recreation Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Jessica Kiscaden as a seasonal recreation assistant. Item 11. Seasonal Utility Interns-- ACTION TO BE CONSIDERED: To approve the hiring of Carrie Gangl and Leah Taylor as seasonal utility interns. Agenda Information Memo July 6, 1999 Eagan City Council Meeting Item 12. Seasonal Engineering Interns-- ACTION TO BE CONSIDERED: To approve the hiring of Elizabeth Porter and Steve Kelley as seasonal engineering interns. Item 13. Seasonal Street Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Jeffrey VanOverbeke as a seasonal street maintenance worker. Item 14. Seasonal Turf Management Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Patrick Scanlon as a seasonal turf management worker. Item 15. Seasonal Parks Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Jon Steining as a seasonal parks maintenance worker. Item 16. Temporary Administrative Intern— ACTION TO BE CONSIDERED: To approve the hiring of Kathy Bailey as a temporary administrative intern. Item 17. Temporary Clerical Worker/Finance-- ACTION TO BE CONSIDERED: To approve the hiring of Barbara Murphy as a temporary clerical worker in the Finance Department. a Agenda Information Memo July 6, 1999 Eagan City Council Meeting B. FINAL SUBDIVISION (OAK BLUFFS)—MANLEY BROTHERS CONSTRUCTION ACTION TO BE CONSIDERED: To approve the Final Subdivision (Oak Bluffs)consisting of 36 lots located east of Dodd Road and north of Diffley Road in the south 1/2 of Section 24. FACTS: ➢ The Preliminary Subdivision was approved by Council action on March 16, 1999. ➢ The financial guarantees and Development Contract are expected to be in order and ready for execution. ATTACHMENTS (1): ➢ Final Subdivision drawing,page Atr.♦ �` I � r----------- N ► / .� S.Zt VN dvry M/2! OVOU A.INn00 V10NV0 - -- ---- . + i fzY'[zi vx•.•c'so. _V_ :_ —-•�-•—'-—'•-Qv � .»wPP e•s+.9•r+a •- 1.0410 _ _ _ -_ •_'!f*,� .r' ,to .1 --+ 1x6K,�.LYS i v.e'T e.c le./rat ew w Ne'"J= i wu .•or ,�„ '- f-fxJo1 c _ ., 1 .^ Czr[xriz�•c'••3 s15 T=_ eZ° °i .ats[.an•e'1 W:Q�T��� 4 1 , '1 •Or°M"M.'V N»I!1 M/Y�lM OVON I�31-4-4Ia --__ _-,...-_v, r �.f� I'-►-aw--J L__i2rr:__ =`i, rtl NOMI 49wI , 1 � � ` 1...svrwer✓ f C< 1 �c� 1 \� Rte.tf./ 1 ,�".;'J;•. /� �4''?a 1 O 1 I ale+N Ir►r° 1 1 1 t •K 'ar'•� 11 '' /`/ I 00 uj h � -° ; i ; _,�,�\- -__,�� CfojR►l.-�..�\;_-xpt*�wY� �I � fWa._•1• ' , ^ ; '.-. i' -• i' G7 I �� - _`` � �.`� � �4F �.` k• � [� :�-CTR'- � f,�V • • , � S: _. 1 • � ` . 4y won .�,oyw�L� ai i 6•s�� s/�N./IE»a w x/IY I w M K'�• � I / I `I w \�i544 I d■ � C •E ' i 1 1 I j( le �- `'i10 -lwarrra "N y v i I llai � ♦ "V.4 ;Y i y IA 1 b77 '•}{(} _°� '� {' N L--------- Pei e I I ' --------- i ! wit ' �r +-•,*�:.+a r,a�" ``��, !! NAS [[[x 1 i4 f f..e 1 �:• ' O 7. �sv IWM ...w.n iV Anm % S t �(.r.1_�'•• r°.h 1 1 .- 'may t✓"""' �j 01 4w. a j�•rj' � � \ • IR �.� a y•' � /• Fj�y i �' � � '%' /moi � �/.`�>- - �±4r`• � 1 W 1 , {_------Mf.•-___ - - -K�'- - •%,/ N.l:_-_- _yam _. ._.. .._— �� ./NI ,.Ys.M 17.ew r• � - _ I Agenda Information Memo July 6, 1999 Eagan City Council Meeting C. FINAL SUBDIVISION—AMOCO 2ND ADDITION ACTION TO BE CONSIDERED: > To approve a Final Subdivision (Amoco 2nd Addition) consisting of two lots on 9 acres currently platted as Lots 14-18„Block 5, Eagandale Center Industrial Park No. 3, located in the NW '/4 of Section 11 subject to the conditions listed in the APC minutes. FACTS: > The City Council reviewed and approved the preliminary subdivision for Grand Oak Two at their regular meeting on February 16, 1999. > Final plans, development contracts, and financial guarantees are expected to be in order for execution at the regular meeting on June 15, 1999. BACKGROUND/ATTACHMENTS > Final plat drawing,page tb 1 { w N••^ fix CGLNrT ^ 40•C N0. '..S I I �••� :� �: �:• _, 70000 [,.; . n _EgNGTC� •VGUf) 1 '• ,� t ' AV aAv57CNG K.C. JIQ L7 77, �1 A 721 C) C� I "CU S7 •�v � �l1.Al. ?Aiti\ U .rA ! i ' ;3 l ; 1 ;}�; •� ► ! t is ;" 3# 2 f 1 1 IA r= s ..1 e i 12 Mm DO fj f• j 1i 2£ ri � ;' i � ! �i =� =�t3i I i � ti ` i �i r �� i i Agenda Information Memo July 6, 1999 Eagan City Council Meeting D. FINAL SUBDIVISION (NOREEN ADDITION)—JAMES NOREEN ACTION TO BE CONSIDERED:. To approve a Final Subdivision (Noreen Addition) consisting of 3 lots located in the southwest 1/4 of Section 26. FACTS: ➢ The Preliminary Subdivision and corresponding rezoning(to an R-1, Single Family Residential designation)was approved b;y Council action on August 18, 1998. ➢ The financial guarantees and Development Contract are expected to be in order and ready for execution. ATTACHMENTS (1): ➢ Final Subdivision drawing,page 1 u c t �aall ;t ` s t it so F- -- Rol LU O a+�er^moi s.ten-.r.� i no�w.�wa ---- ft c 6. f' RR mm --- 41 1a Ar ' ce 0 X s 1 a r.e is e-.r - p s r re".M • ---� f _I Agenda Information Memo July 6, 1999 Eagan City Council Meeting E. FINAL PLAT (EASTER BY THE LAKE)—EASTER LUTHERAN CHURCH ACTION TO BE CONSIDERED: To approve a Final Plat(Easter By The Lake)that will replat four individual parcels of land into a single 10.2 acre lot located north of Cliff Road between Lake Park Drive and Pilot Knob Road in the SE '/4 of Section 28. FACTS: • At the regular meeting on February 16, 1999, the City Council implemented a Comprehensive Guide Plan Amendment and approved a Preliminary Planned Development Amendment to incorporate an additional 2.4 acres of land into the original Preliminary Planned Development approved in 1995. The conditions of Preliminary Planned Development Amendment approval required the four lots and which comprise the subject property to be replatted into a single, legally described lot of record prior to the initiation of phase I of the project. ATTACHMENTS (1): Final Plat drawing,page 17-1 � I GV ma v z r< it ^vvllt\J.J CSI � � of Cv,n' •C'C� Alnl IlnntJ a 6" �� K iYiE O r/.E>..Itl•/1 E 3w1 O>rl)w tf.l OtM EaX av &r':, ...... ..v . .. '1' 0085// 3:►L,If.05 m.a ' _ T - m"c r (Od02( BONN LO7/d�f }IC ON Y1'YS Mill _ ( L'J_ r IR CJ 'T�' !* r, �'.{ � � � �''► I 1 � 1 I Cil - CJ `,J <- _ Q -- 000rr M.rz,►r+oN '4 ` 'Y a �a�;� 'I �V 3 l :'J Ld r^ ��` h� � 1 , m..nEm-� •-IST` �� S I� Z . W ��Y bl3 � 8 � (M7/1/00✓3,/Y7 SrnO/U Ot[►t)h +'I• -� a , Il^ I � >i a U c <_ �� '= yy iry 3$ ice' 9 e �� _:) auC) L) HH, iz SSS g. �S all 'EHm 21, y_. .—.1' ..2 .-gpppl 1r) f•- 1 l $:�� �' •b' �� 1 1 nsoEn - A0�6tF M..L..F,ON - :IJ Ld C) Ld Agenda Information Memo July 6, 1999 Eagan City Council Meeting F. RESOLUTION TO REQUEST AN EXTENSION FOR SUBMITTAL OF THE REVISED EAGAN COMPREHENSIVE GUIDE PLAN TO THE METROPOLITAN COUNCIL ACTION TO BE CONSIDERED: ➢ To approve a resolution requesting an extension of the due date for submittal of the City's revised Comprehensive Guide Plan to the Metropolitan Council to December 31, 1999. FACTS: ➢ In January 1999 the Metropolitan Council granted the City a six-month extension (until June 30, 1999) to the December 31, 1998 due date for submission of the revised Comprehensive Plan. ➢ The City of Eagan has been working on updating its Comprehensive Guide Plan for the past 2 years. Progress has been steady and it is anticipated that the draft plan will be ready to submit to the Metropolitan Council in September 1999. Final adoption of the new plan by the City Council is anticipated in November 1999. ➢ About one quarter of the cities in the metropolitan region have not submitted their updated plans to the Metropolitan Council yet and will also need to request deadline extensions. ➢ At this time the Metropolitan Council will only grant extensions of up to six-months (until December 31, 1999). Extensions beyond that date will require special action by the Metropolitan Council. ➢ The extension request form is completed (attached) and a resolution is ready for execution. BACKGROUND/ATTACHMENTS: ➢ Request for extension form,pages 144 through ➢ Resolution,page (� �8 REQUEST FOR EXTENSION OF PLANNING PERIOD TO DECEMBER 31, 1999 Completed request form and accompanying Resolution must be received at the Metropolitan Council offices by June 30, 1999, or as soon thereafter as is practicable. Community Name CA0 Date of Extension Application 11A to Name of Local Contact Person 11A ril, kAAAM Phone (051) Fax 4s1) bs I- LROA L4 Internet Address i V1�p•w� U -Glht.h- M�'1•NS Your responses to the following questions will provide the Metropolitan Council with information needed to help ensure plan completion by December 31, 1999. PLANNING PROCESS TIMELINE: Working backwards from 12/31/99,please provide the target dates for each step of the planning process identified below. No later than 12/31/99-Date of plan submission to Metropolitan Council qW. IJOIJ -City Council/Township Board/County Board action to • Public hearing date No later than 10/31/99-Initiation of 60-day review/comment period by adjacent jurisdictions and school districts Oil i9 -Completion of draft plan text and mapping PLANNING ISSUES: Please place a checkmark(✓)next to the issues identified below that are contributing to the need for the requested extension. X Staff workload '�I Development of plan components: ❑ Contract planner delays _Existing land use ❑ Issues affecting adjacent communities _Future land use ❑ Data/mapping/GIS _Housing ❑ MUSA expansion issues _Surface Water Mgmt ❑ Area development or redevelopment plan(s) _Solar Access Protection in process _Transportation ❑ Planning Commission/City Council/Board Sewer Plan member concerns _Park/Open Space Plan ❑ Population,household, employment _Water Supply Plan forecast issues _Aviation/Airport Plan ❑ Sewer flow forecast issues Historic Preservation Plan ❑ Growth staging plan ,Solar Access Protection X Public participation process _Implementation ❑ Worksheet"A" _Critical Areas/MNRRA « „ GahS�S 0 Worksheet B �,Other�pK 0�N.Se ❑ Metropolitan Council density policy issues pj p( Abk �x F"al- h'Vj'pWW 1 FORECASTS: Please provide the information requested below to the best of your ability at this point in your planning process. (Circle one) es ` No Have community household forecasts changed from the previous extension req st? If"Yes,"to what extent? Cali ���' Aawt ARA Gv`�� Yes No Have community population forecasts changed from the previous extension request? If"Yes,"to what extent? `� 0 nC�ry S,E'.Q, C(7*AdvA Yes No Have community employment forecasts changed from the previous extension request? If"Yes,"to what extent? WV k j AWA V • 9., duj Yes No Have community wastewater flow;forecasts changed from the previous extension request? If"Yes,"to what extent? ' Yes Q Have community estimates of vacant,developable land within the MUSA changed from the previous extension request? If"Yes,"to what extent? Yes No Have community estimates of the amount of land needed to be added to the MUSA changed from the previous extension request? If"Yes,"to what extent? OTHER COMMENTS: Please provide any additional comments here. Include a realistic appraisal of your community's ability to submit your updated plan for review by the 12/31/99 deadline. (Use additional sheets as necessary.) V:ILIBRARY\COMMUNDV\Peters\Ext_ExecSum.doc REQUEST FOR EXTENSION OF PLANNING PERIOD — CITY OF EAGAN FORECASTS Previous Extension Current Year Pop. HH* Emp. Pop. HH** Emp. 2000 62,398 23,370 38,800 63,400 24,600 39,500 2010 63,227 24,795 44,800 64,300 26,150 45,900 2020 64,006 26,125 48,800 65,700 27,650 50,900 * based on 95%occupancy ** based on 97%occupancy UPDATED WORK SCHEDULE June 17, 1999 Distributed draft to surrounding municipalities,Dakota County, and school districts for review and comment. July 13, 1999 Community open house to review draft plan August 12, 1999 Open public hearing before Advisory Planning Commission August 24, 1999 Close public hearing, APC makes recommendation on draft plan to City Council September 7, 1999 City Council accepts draft, directs staff to submit draft to Met Council September 8, 1999- November 8, 1999 Submit draft to Met Council for 60-day review November 16, 1999 City Council adopts new comprehensive plan. May concurrently amend zoning on certain properties or begin process to amend zoning to achieve zoning/land use consistency within 9 months. RESOLUTION RESOLUTION REQUESTING EXTENSION OF THE DUE DATE TO DECEMBER 31, 1999,FOR REVIEW OF THE CITY OF EAGAN COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDEMENT METROPOLITAN COUNCIL POLICY PLANS WHEREAS, Minnesota Statutes (Minn. Stat. §473.175—473.871, 1996)requires that cities review and revise their comprehensive plans for consistency with Metropolitan Council policy plans; and WHEREAS, the Metropolitan Council has amended its policy plans and has provided system statements outlining Council policy relative to the city; and WHEREAS, the City of Eagan is required to review its comprehensive plan for consistency with amended policy plans and to prepare a revised comprehensive plan for submission to the Metropolitan Council by December 31, 1998; and WHEREAS, the City adopted Resolution# 98-102 on December 15, 1998 requesting that the Metropolitan Council grant an extension to June 30, 1999, to complete its comprehensive plan; circulate the revised document to the adjacent goverm-nental units and affected school districts for review and comment; and, following approval by the planning commission and after consideration by the City Council, submit the plan to the Metropolitan Council for review; and WHEREAS, the City of Eagan has scheduled and budgeted to complete a major review and update of its comprehensive plan by November 16, 1999; and has proceeded diligently to complete its comprehensive plan for Metropolitan Council review; NOW, THEREFORE,BE IT RESOLVED, that the City of Eagan requests that the Metropolitan Council grant the City of Eagan an extension to December 31, 1999, to complete its comprehensive plan; circulate the revised document to the adjacent governmental units and affected school districts for review and comment; and, following approval by the planning commission and after consideration by the City Council, submit the plan to the Metropolitan Council for review. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Date: Agenda Information Memo July 6, 1999 Eagan City Council Meeting G. CONCLUDE NO FEE BUILDING PERMITS -MAY 1998 STORM ACTION TO BE CONSIDERED: To approve ending the practice of waiving fees for building permits issued as a result of the May 1998 storm. FACTS: ♦ In June 1998, the City Council agreed to waive permit fees for storm-related damage to residential homes as a result of the May storm. ♦ More than 1,000 storm-related building permits have been issued at no cost to the homeowner/ contractor. ♦ The City of Eagan is the only metropolitan city continuing to issue permits at no cost. ISSUES: ♦ Contractors are requesting refunds for permits previously paid for on exterior improvements, claiming they were storm damaged. As overpayments are paid to the purchaser,the homeowner probably does not see any refund. Agenda Information Memo July 6, 1999 Eagan City Council Meeting H. APPROVE POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT#197 AND THE CITIES OF EAGAN, MENDOTA HEIGHTS AND WEST ST. PAUL ACTION TO BE CONSIDERED: To approve the Police Liaison Services Agreement between School District#197 and the Cities of Eagan, Mendota Heights and West St.Paul. FACTS: • The City of West St. Paul is proposing a two-year agreement for joint funding of a School Resources Officer covering the 1999-2000 and 2000-2001 school years. • Both Administrative and Police staff have reviewed the agreement and have no concerns about the continuation of this arrangement. ATTACHMENTS: 10 • Memo from Police Chief Geagan enclosed on page o` • Proposed agreement attached on pages?;L- through aS ao a t POLICE DEPARTMENT MEMO city of eagan DATE: June 21, 1999 TO: Tom Hedges,City Administrator FROM: Pat Geagan, Chief of Police-33P SUBJECT: POLICE LIAISON SERVICES AGREEMENT The City of West St. Paul is again requesting our financial participation to fund a police officer at Henry Sibley High School. The City of Eagan has participated in this program for the past several years. For the City's police liaison services to the School District for the 1999-2000 school year,the City of West St. Paul shall be paid by the School District,the City of Mendota Heights and the City of Eagan the amounts as indicated. School District#197 $26,635.84 City of Mendota Heights $ 7,964.11 City of Eagan $ 5,193.99 This represents an increase of$996.99 over the 1998-1999 school year. For the City's police liaison services to the School District for the 2000-01 school year,the City of West St. Paul shall be paid by the School District,the City of Mendota Heights and the City of Eagan the amounts as indicated: School District#197 $29,433.75 City of Mendota Heights $ 8,800.69 City of Eagan $ 5,739.59 This represents an increase of$545.60 over the 1999-2000 school year. a1 Z00Z [VST6 ON XH/XZ] ST :TT IM 66/TT/90 POLICE LIAISON SERVICES AGREEMENT- SCHOOL DISTRICT N197 AND'!'HE CUIES OF KAGAN, MENDO'1'A 111EIGNITS AND WEST ST.PAi1L "fills AGRLEMENT is made and entered into the flay and year set forth below by and between the Cft'Y UF WIiS`[' S'r. PAUL, a Minnesota municipal corporation, (hereinafter ''the City") and SCHOOL DISTRICT NO, 197 AND THE CI'T'IES OF EAGAN, MENDO'1'A HElG[1TS, all Minnesota municipal corporations. RECITALS WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the Cities consist of the following schools: Hcritag a Middle School, Friendly Hills Middle School and [lenry Sibley High School;and WHU.Rl'AS, the parties enter into this Agreement pursuant to Minnesota Statutes §124.912 subd. 6. NOW TI iFRF.FORF.,the parties hereto agree as follows: I. The City agrees to provide a full time licensed peace officer (Police Officer Standards&"Training;)to perform an average of 40 hours per week police liaison sc+rvices during;the 1999-2000 school year and the 2000-01 school year to the School District's secondary schools for the purposes of assisting in the establishment and trained coordination of a cooperative community approach among; the School District's schools, students, parents, police and ether community resources to address the needs of the students and community members. The City's police liaison services shall include, but are not limited to the prevention of delinquency, the protection of life and property,and law enforcement. 2. For the City's police liaison services to the School District for the 1999-2000 school year,the City of West St. Paul shall be paid by the.School District, the City of Mendota I[eights and the City of Cagan the amounts as indicated: School District No. 197 $26,635.84 City of Mendota I-lcights $7,964.1 I' City of Fagan $5,193.99 3. For the City's police liaison services to the School District rur the 2000-01 school year, the City of West St. Paul shall be paid by the School Oistrict, the City of Mendota Heights and the City of Fagan the amounts as indicated: School District No. 197 $29,433.75 City of Mendota Heights $8,800.69 City of Eagan $5,739.59 4. The parties agree and acknowledge that the police officers who are assigned to provide police liaison services in the schools are,and will continue to be,members and employees of the City and its police department. The officers shall operate under the direct administration and supervision of the West St. Paul Police Department but will work in cooperation with school A0 ZO' d OTO' ON TT : TT 66, TT Nnr 66ZbZSSTS9: GI 2131N33 TT6 ,1ON39�13W3 M01 1t5T6 ON XH/X11 91:TT INA 66/TT/90 administrators and police departments to advance mutually agreed goals of the police departments, schools and students. The officers shall not have disciplinary responsibility or authority within the schools beyond their authority as police officers. 5. The amounts to be paid by the School District, the City of Eagan, and the City of Mendota[[eights shall be payable in equal installments due in November and January each year. 6. After the year 2001, this Agreement shall automatically renew each year unless terminated by one of the parties. Non-rencwal may occur only at the time the amounts are reported for the upcoming year's financial obligations. 7. The amount to be- paid to the City after the year 2001 shall be the previous year's amount plus an amount equal to the pro rata share of the annual increase in salary,benefit-,and costs for providing such an officer. Such amounts shall be calculated and reported to the parties, to this Agreement no later than September 1 cath year. Any disagreement with the amounts due shall be made to the City in writing bei'ore October l each year. '['his Agreement dated this _day of1999. SCHOOL DISTRICT NO. 197: Superintendent Date: CITY OF WCi ST ST.PAUL: .I;a y, Mayor City Manager Daae: CITY OF MENDOTA HEIGKIrS Mayor _ City Clerk Date: _.._ bate: _ _... a3 5�0' d OTO' ON ZT : TT 66. TT Nnr 66ZbZSSTS9: QI 2J31N33 T16 ADN39?13W3 tuoit CtST6 ON XH/%Z] SU TT IHJ 66/TT/90 CITY OF EAGAN Mayor r City Clerk _T Date: Date: b0' d OTO' ON ZT : TT 66, TT Nnf 66ZVZSSTS9:QI 2131N30 TT6 ADN39d3W3 R S-00-In I tST6 ON XH/X11 SU TT IM 66/TT/90 School Liaison Officer 1999 Current Officer, D. Weber 1999 2000 'Top Patrol' Pay 47,133 48,547 Workers Comp ($2.74/$100) 1,425 1,467 PERA (11.4%) 6,930 6,107 Medicare (1.4596) 764 776 Health Insurance (family) 4,464 4,597 Uniform Allowance 584 602 Training (Force Average) 795 757 Vacation (12 months only) 2901 2'988 Vehicle 4,800 63,926 70,641 12 months 1999 summer (2 months) of the above would be $10,654,33, fully chargeable to West St. Paul. The balance $53,271.67 would be split as follows: 1999 2000 1,S.0. 197 50% 26,635.84 29,433.75 West St. Paul 80.6% of balance 13,477.73 14,893.48 Mendota Heights 29.9% of balance 7,964.11 8,800.69 Eagan 19.5% of balance 5.193.99 5,739,59 $53,271.67 $58,867.50 - s a5 SO' d OTO* ON ZT : TT 66, TT NnE 66ZbZSSTS9: QI 2131N39 TT6 ADN39J3W3 Agenda Information Memo July 6, 1999 Eagan City Council Meeting I. SAFE AND SOBER GRANT ACTION TO BE CONSIDERED: To approve a grant application between the Minnesota Department of Public Safety and the City of Eagan for the Safe and Sober Grant. FACTS: • The $18,241 grant will provide funds for enforcement of traffic laws during specific target periods that coincide with efforts of other agencies that will receive Safe& Sober grants. The target periods will concentrate on the following areas of enforcement: DUI enforcement Reduce youth alcohol consumption Increase enforcement of occupant protection laws Speed and"road rage"enforcement • In the past,participants have also received"incentive items"such as preliminary breath testers from the State for being involved in the projects. ATTACHMENTS: n • Resolution enclosed on page I . `tom J RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that The Eagan Police Department enter into a grant Name of Department or Agency agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE& SOBER COMMUNITIES during the period from October 1, 1999 through September 30, 2000. The Eagan City Clerk is hereby authorized to execute such agreements and amendments (Title of Lead or Single Agency Authorized Official) as are necessary to implement the project on behalf of The Eagan Police DeRartment and to be the fiscal agent and administer the grant. I certify that the above resolution was adopted by the Eagan City Council Executive Body of Eagan. Minnesota on July 6. 1999 (Name of Lead or Single Jurisdiction) (Date) SIGNED: WITNESSETH: (Signature) (Signature) (Title) (Title) (Date) (Date) 2000 Minnesota Safe& Sober Office of Traffic Safety,Department of Public Safety a 9 Agenda Information Memo July 6, 1999 Eagan City Council Meeting J. EXTENSION FOR RECORDING FINAL SUBDIVISION CSM LODGING.L.L.C. FOR TOWNPLACE SUITES ADDITION ACTION TO BE CONSIDERED: To approve a 90 day extension of the recording requirement for the TownPlace Suites Addition located in the southeast '/4 of Section 16. FACTS: ➢ The TownPlace Suites Addition Final Subdivision was approved by Council action on May 18, 1999. The terms of Final Subdivision approval stipulate that the deadline for recording the"Town Place Suites Addition"is July 18, 1999. ➢ The extension is necessary to allow the applicant to work out some legal issues. ➢ Approval of the requested 90 day extension would establish a plat recording deadline of October 15, 1999. ATTACHMENTS: (1) ➢ James Ottenstein correspondence dated 6/28/99 do 2rj a� 651 646 2404 06/28.199 MON 11:49 FAX 651 646 2404 CSM CORPORATION 003 Celebrating 20 Years of'Serving Ywi CSM Corporation 2575 UniversityAvanue West,Suite 150-St.Paul, MN 55114-1024 (651)64&1717 - FAX(651)646-2404 June 28, 1999 Mayor and City Council Members City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: TownePlace Suites Addition, Eagan, MN Final Subdivision Approval Ladies and Gentlemen: CSM Lodging, L.L.C. , Developer of the noted project, hereby respectfully requests a 90-day extension of the plat filing deadline set forth in the City Council Resolution dated May 18, 1999 relative to the noted subdivision (from July 18, 1999 to October 15, 1999) . The extension is necessary in order to obtain the project lender' s consent to the subdivision and a reciprocal easement agreement creating cross-access and parking easements over the subdivided lots . Feel free to contact the undersigned in the event you have questions or require additional information to grant the foregoing request. Thank you for your cooperation and assistance. Sincerely yours, CSM LODGING, L.L.C. By- CSM Properties, Inc. , Manager J es Ottenstein ice-President a� Agenda Information Memo July 6, 1999 Eagan City Council Meeting K. EXTENSION FOR RECORDING CONDITIONAL USE PERMIT SAND FINAL PLAT (SEVEN EIGHT NINE ADDITION)-TRANSPORT 21,INC. ACTION TO BE CONSIDERED: To approve a 90 day extension of the recording requirement for the Transport 21, Inc. Condition Use Permit applied to property currently described as lots 7, 8 and 9,Block 2 Eagandale Center Industrial Park No. 3 located in the northeast '/4 of Section 11. FACTS: ➢ At the regular meeting on April 6, 1999,the City Council approved a Conditional Use Permit to allow the selling, leasing and servicing of semi-tractor trailers(including accessory outside storage)upon the subject property subject to the conditions listed in the APC meeting minutes. ➢ The conditions of Conditional Use Permit approval required the three lots and the vacated segment of Apollo Road which comprise the subject property to be replatted into a single, legally described lot of record. ➢ The conditions of approval further stipulate that the deadline for recording the conditional use permit is 60 days from Final Plat approval. ➢ At the regular meeting on May 4, 1999,the City Council approved a Final Plat of the "Seven Eight Nine Addition"to combine the lots and vacated segment of Apollo Road into a single lot of record. Approval of the Final Plat established a Conditional Use Permit recording deadline of or July 3, 1999. ➢ The extension is necessary to allow the applicant to complete necessary title work. ➢ Approval of the requested 90 day extension would establish a Conditional Use Permit recording deadline of October 1, 1999. ATTACHMENTS: (1) ➢ Thyra Nelson correspondence dated 6/29/99 on page through 2- 3C) 612 686 1058 06.29/99 TLB 09:05 FAX 612 686 1058 TRANSPORT TWENTY-ONE INC Z001 _NSPQ.R T' 1, INC. June 29, 1999 Mike Ridley City of Eagan VIA FACSIMILE 681-4694 Transport 21 was approved for a conditional use permit for Sales and Leasing on May 4, 1999. We are approaching the expiration of our 60 days and we do not have our final plat approved by Dakota County. We have to get the examiner's directive approved to move the vacation of Apollo Road into the body of our title from the memorials. This has to be approved before they will accept the Seven Eight Nine Addition plat. I have attached the letter from the county surveyer. If possible, I would like to extend the approval time on our conditional use permit an additional 90 days in order to complete the title paperwork with the County. Please contact me, at the numbers listed below, regarding our options on this matter. Sincerely, 9hyra Nelson 8.77 Apoth)Roca! Suite A •Ecsryccn. SIN i5121 Phone: 651-06.1060. 888-880-5042 I Fax: 6,51-686-M-58 3 612 686 1058 06.29.99 TUE 09:05 FAX 612 686 1058 TRANSPORT TWENTY-ONE INC 1Z 002 JUN-13-1999 113'7 ADVANCE SURVEYING 51�4rad2b7 P.02i02 DA KCJ TA GAW K STEVENOM ILLS COUNTY�COUNTY LAwpo DIMCTOR (612)891-7087 SURVEY i FANO INFORMATION DEPARTMENT FAX(612)891-7031 14955 GALAXIE AVENUE APPLE VALLEY,MINNESOTA 85124-8579 April 21, 1999 J lames H.Parker Advance Surveying Engineering Co. J 5300 South Ifthway 101 Minnetonka,bW 55345 Re: 789 ADDITION Dear James: In a previous conversation with James O'Connell, the Title Examiner, the following is what needs to be done regarding a vacated street. 1. If and when the vacation of APOLLO ROAD is completed properly, it needs to be recorded as a memorial on the certificate for the adjoining lots in the plat., The an will accrue to the lots by means of the vacation. 2_ Upon the filing and memorializing of the vacated street, a certified Copy of the vacation document, and a copy of the certificates with the new memorial, should be sent to the I'M*Examiner aaking for a directive to add the vwAted street portion to the description of the lots. 3. This combined description will then be used in the dedication of the proposed plat. Please pass on this information to your client and their attorney. We also ask that you only submit a copy of the latest certificate of title. We do not accept owner's duplicate certificates. We also do not accept numerical names for a plat. 1f you have any questions, please call me at(612)891-7070. Sincerely, m Tanner Survey and Land Information Department Ida TOTAL P.02 3QJ, Agenda Information Memo July 6, 1999 L. CONTRACT 99-10,WESCOTT ROAD & LEXINGTON AVENUE TRAFFIC SIGNAL IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 99-10 (Wescott Road and Lexington Avenue — Traffic Signal Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday,July 29, 1999. FACTS: • Contract 99-10 provides for the installation of traffic signals at the intersection of Wescott Road and Lexington Avenue as outlined and discussed in the feasibility report for Project 766R. • On June 1, 1999, the City Council held a Public Hearing for Project 766R. After hearing presentations and comments from some of the property owners and travelers affected by the proposed improvement, the council approved the project and authorized the preparation of detailed plans and specifications. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. 33 Agenda Information Memo July 6, 1999 M CONTRACT 99-11*WESCOTT ROAD R ESTRIPINC IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 99-11 (Wescott Road — Restriping Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Monday, July 19, 1999. FACTS: • Contract 99-11 provides for the restriping of Wescott Road from Pilot Knob Road to Highway 149 as outlined and discussed as Option "D" in the feasibility report for Project 766R. The improvements include sandblasting of the existing striping and sealcoating the street surface. • On June 1, 1999, the City Council held a Public Hearing for Project 766R. After hearing presentations and comments from some of the property owners and travelers affected by the proposed improvement, the council approved the project as outlined in Option "D" and authorized the preparation of detailed plans and specifications. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. 3q Agenda Information Memo July 6, 1999 N. CONTRACT 99-07, SAFARI RESERVOIR REFURBISH & REPAINT ACTION TO BE CONSIDERED: To receive the bids for Contract 99-07 (Safari Reservoir — Refurbish and Repaint), award the contract to TMI Coatings, for the Base Bid in the amount of $419,600.00, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The refurbishing and repainting of the Safari Reservoir is programmed for 1999 in the City's 5-Year Capital Improvement Program (1999-2003) and will be financed through the Water Supply and Storage Fund. • On April 20, the Council approved these plans for Contract 99-07 and authorized the advertisement for solicitation of competitive bids. At 10:30 a.m. on May 27, formal bids were received for this project. A copy of the bid tabulation is enclosed. • There were a number of alternates regarding the removal of the exterior paint with and without the telecommunication equipment in place on the reservoir. The City received bids on the alternates and discussed the methods of paint removal with the involved telecommunication companies. The consensus of the companies and City staff was to only award the base bid. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and arithmetic. The bid from TMI Coatings, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ISSUES: The low bid was received from LeadCon, Inc. In the opinion of the project engineer, it would be in the best interest of the City of Eagan to not award this contract to LeadCon. The opinion is based upon the contract specifications' requirements for references of similar previous work experience and a written statement from the coating (paint) manufacturer attesting to the contractor's training for the application of said coating. The size of the Safari Reservoir and the containment equipment necessary for the removal of paint on said reservoir are in excess of LeadCon's previous work experience and the coating manufacturer will not attest to the qualifications of LeadCon to do the painting, all of which are in conflict with the specifications' requirements. The second low bidder, TMI Coatings, meets these, and all other specification requirements. ATTACHMENTS: • Bid Recommendation,pages_, through J�8 AW Admv 3535 VADNAIS CENTER DRIVE.200 SEH CENTER.ST PAUL.MN 55110 651490-2000 800 325-2055 ® F ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION June 15, 1999 RE: City of Eagan RECE�V 4 Million Gallon Safari Reservoir E� Tank Reconditioning JUN , „ City Project No. 772 1 b NY, City Contract No. 99-07 SEH No. A-EAGAN9904.00 Mr. Tom Colbert Public Works Director City of Eagan ' 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Colbert: Bids were received for the Tank Reconditioning of the 4 Million Gallon Safari Reservoir on Thursday, May 27, 1999. Attached please find a copy of the Bid Tabulation. Eight bids were received that ranged in price from a low of$359,000 to a high of$646,500. The Engineer's Estimate for this work was $693,550. At the bid opening some concerns were expressed about the low bid, and if the project could be done for that price. Also, the apparent low bidder, LeadCon, Inc., was not a very large contractor and someone we had never worked with. As a result,we contacted LeadCon,Inc. and their references. In a conversation I had with Mr. Kevin Adkins of LeadCon,Inc.,he stated they haven't done projects of this size and complexity in the past. This was one of the requirements to be awarded the job. I discussed with Mr. Adkins that I was going to recommend that the City award the job to the second low bidder, TMI. While he was not happy about this, he said they would not contest the recommendation. He said he and Sara Sommerfeld (President) had already discussed this and decided they would not contest the award if it was given to the second low bidder. TMI Coatings,Inc. is a painting contractor that has been around for quite some time and has done many large projects with us. They did the rehabilitation of the 7 MG Heather Hills Tank in Burnsville four years ago. In my conversation with Mr. Bob Cox of TMI today he stated that they were very comfortable with this job and wanted to do the work. He said they will do a good job for the City. SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS,MN ST CLOUD,MN CHIPPEWA FALLS, WI MADISON,WI LAKE COUNTY,IN EQUAL OPPORTUNITY EMPLOYER Mr. Tom Colbert June 15, 1999 Page 2 Therefore, we recommend that the 4 Million Gallon Safari Reservoir Tank Reconditioning project be awarded to TMI Coatings,Inc.,2805 Dodd Road,St. Paul,MN 55121 in the amount of$419,600. You will note that this award amount includes mathematical corrections of$1,800 to their bid of $417,000 as read at the bid opening ($1,800+$417,800 = $419,600). If you have any questions or would like additional information, please call me at (651)490-2115. Sincerely, Short Elliott Hendrickson Inc. jt".� -P *t'gz James P. Norton,P.E. Manager, Water Department sah Attachment F:\projects\cf\eagan\9904\s\colbertbid.wpd 3'1 BID SUMMARY Safari Reservoir- City Project No. 772 Refurbish & Repaint Water Reservoir City Contract No.99-07 Bid Date:Thursday, May 27, 1999 Bid Time: 10:30 a.m. Contractors Total Base Bid 1.)Leadcon, Inc. $359,000 2.)TMI Coatings, Inc. $419,600 3.)Swanson&Youngdale $549,700 4.)DeLoughery Painting Co. $554,900 5.)Odland Protective Coatings $572,000 6.)Tenyer Coatings,Inc. $579,000 7.)Abhe&Svoboda, Inc. $642,510 8.)Frank Shelton, Inc. $646,500 Safari Reservoir- City Proiect No. 772 Recommended Bid $419,600 Feasibility Report(AEC)Estimate $623,200 Percent Under(-)Estimate -32.7% Engineer's(SEH)Estimate $693,550 Percent Under(-)Estimate -39.5% G.xMvftMw9WO7 era Ra 7s AVA& �g Agenda Information Memo July 6, 1999 Eagan City Council Meeting O. PROJECT 735,WESCOTT HILLS DR. EXTENSION ACTION TO BE CONSIDERED: Cancel Project 735 (Wescott Hills Dr.-Extension). FACTS: • On December 16, 1997, the City received a petition from the Archdiocese of the Catholic Church requesting the extension and improvement of Wescott Hills Drive north of Yankee Doodle Rd. to provide public access to the proposed new Faithful Shepherd School. This was one of the requirements of the purchase agreement and Conditional Use Permit. The City Council accepted the petition and ordered the preparation of a feasibility report. • The Church subsequently reached an agreement with the adjacent property owner to construct this public street privately under the terms of the development agreement for the Faithful Shepherd Addition, which was approved by Council action on June 1, 1999. Therefore, there is no longer a need for the Project. Agenda Information Memo July 6, 1999 P. PROJECT 694 NORTHWOOD PARKWAY- FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 694 (Northwood Parkway — Street and Utility Improvements) and schedule a public hearing to be held on August 3, 1999. FACTS: • Project 694 provided for the new construction of sanitary sewer, water main, storm sewer, and street for Northwood Parkway, in conjunction with the Eagan Promenade (South %2 of Section 10). • This project, constructed under Contract 96-12, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. 40 Agenda Information Memo July 6, 1999 Q, OAKBROOKE ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate public drainage & utility easements and schedule a public hearing to be held on August 3, 1999. FACTS: • On June 18, 1999, City staff received a petition from Pulte Homes of Minnesota requesting the vacation of existing drainage & utility easements in that portion of Oakbrooke Addition that lies west of the Johnny Cake Ridge Road right-of-way. • On May 4, the City Council approved the corrective plat for the Oakbrooke development (Oakbrooke 3Td Addition) which allows for the minor shifting of lot lines to accommodate a needed storm sewer re-alignment. • Pulte Homes wishes to vacate the existing underlying easements dedicated with the original Oakbrooke plat. New public easements will be dedicated as part of the Oakbrooke 3rd Addition plat when recorded with Dakota County. • The engineering staff has reviewed the site plan for the development of the property and has evaluated the site for new easement requirements necessary to accommodate all existing and proposed drainage areas and utilities. ATTACHMENTS: • Location Map,page L42. • Legal Description & Graphic,pages H .- through rl I Q HILL � L LAS 6 7 + cREsrRacE LN. jcr. Y CRMMDCE LN. F; RD r POND YDNiEREY 1. C. qR E ,cruo LN. PL. MPY Pp,D r- (FlSH � BLxHwK � � PARK W CT Ci. TERM' "AwK C7 s BELL RD. CER. RnS LAKE _ 87 +� BUCK/IRKE r EFRCLfi� 44 Y LN. PL 2 a war DONEM p ~ 1 CT. P K hpPA1 8 DEERwDCD 21 DEERw000 DRNE r�ovwr¢ vrco�rrE„ ' � DRIVE LOCATION 4 50 mom CARPAS" °EEr moo° 1 5 , WEADOWLAW LN. cSK"-AW Uc 1. 2 ME WEADOWOM mY 1i,IrM w � Q ALYV sm pr. � � g �. 4. MOULDER lE ROAD RD.3> DW LEY ROAD Y t POND aa OME LN. A CAR ,�. cam �• ., h c spa LAKE ir E* erc,cN @ es PARK ARKEEN c'R• Y c+fts n�wo 43 13 DOWMNG & :. PAR" A9 — THOMAS '�C T 2 • .. s PARK T A 3 � �• rHo �7 0 3ow � ►NAs EKE � G:\VACATIONS\LTBLKOAK.DWG LOT 4, BLOCK 1; LOT 4,BLOCK 2; LOT 23, BLOCK 3; Figure LOT 14, BLOCK 4;OAKBROOKE EASEMENT VACATION City of Eagan LOCATION MAP P,411999 12: 15PM HEDLUND ENGINEERING No• 2840 P. 7 DATE: June 14, 1999 Easements to be vacated All of the drainage and utility easements dedicated over Lot 4, Block 1, Lot 4, Block 2,-Lot 23, Block 3 and Lot 14, Block 4, OAKBROOKE, according to the record plat thereof,'DaKota County, Minnesota. 14APULTE%OAKOROOK%3ROAMOAKSROOKE 3RO •ASIMINT VACATION.DOC 1999 12 : 14PM HEDLUND ENGINEERINGNo-2840 P . 5, 4 Iwrat St r lag /r I A. w tt.a o „ t l � E ,� ,�°/: `e \ �.•\.I w- .� wwt_ .r{ � �.._�f{F�__� I ,. M ih I Q ... `�}�.��r�,M`"i`�`.\11 ti .� u � �i� � r---�1— —�1 ; ;s• � t•t ii I -.�`>i2— �� ��':.'Vt�` � � .y � ( ��_!�+'_•�_..� � •moi ti;� I ' cr v�ii�l�{ cr_"r+�:. "''tio i0 „f„� +/t r waw, h � s ix q � •�i iii \, °� a'a � � �� ".yam �i�� – .r�.IRM.►N � 1�7 � �.I':C I ! � •/ ~ ��� r.. wt., .r ;% . ��lw'•ti ___� it'I 9.3 j Pont .I \ Akt,•d"Y q moi^' r I L. t , •.ii, a' ,_IAiisai i1° x+ 1O u\ /tI � �q1-'1' Nt,t,i. •.,� ��;• y tt ,,n ± nwnt± :.t±:{E±: i � •y M �' [ t •.� �'rti;• �.1..� �.•,,,.,,,,�_�..i. Ott M .__ �••���.lL•_�.� 'rte•fit• �;�q:} i uuunr V a I 7"' ZW�1 � 4 �ii ,�� t .WA►BGJ� 113 Jr ``•..,. ... / `I► h ,�•,+;/,;`���, . Nie , Sm p1', is. I ', / i '>��•. A f, � � 'qs� �.r+,ate• � q _ ji � 'h?y`�r ~ a3 tY i i � y '±r 1' ,�i�`/•` / q�,,' If, y � /' 44% I S A t t+ « �S' pY sl w y ' +�/a �� 4s Y Aa,•�fa :;I'*-' i •; a� f to I ai ZI �� N �, � 1 i'•�a'�'• •t� j '}• I 71 R1 1C. LJ t 4 —T it ;.• j 'k ,• ji i iii rD ,.. to •a Q i � ar #i a a I , l �`I a frfu�M wyN t/1``•��� 1 It ��7 � Y 4rM1'ti„1/'A17 M,a»tea s •�a ;.�. r I a _a t. c ,:t•tt `Y'• ./Yw"+ :// 1 ; `{{aft ------------- I ods ys i`! �. t4. 1999 12 : 14PM HEDLUND ENGINEERING ` ,� No .2840 P . 6 fie\� w V4.to N y t lori y R / b. S 0• � ti 1 ems' f� •'1 r' I' s' \ t j �f„a� Qa "3�'e�', � of �is� • tt� I r'w�► ♦� � � N .►t 1 �� ylyi6oC is fOil efi �.�1l�4s ISO 1ai r Al 0 rs r J I i 1 Agenda Information Memo July 6, 1999 R. PROJECT 773,YANKEE DOODLE RESERVOIR EXTENDED OPERATING HOURS ACTION TO BE CONSIDERED: To approve the request for extended operating hours for Swanson&Youngdale, Inc., from 7:00 a.m. to 7:00 p.m., on Sundays,until October 8, 1999. FACTS: • The city code allows for the operation of construction equipment between 7:00 a.m. and 7:00 p.m., Monday through Saturday, except for legal holidays, unless otherwise approved by the City Council • The proposed improvements are being completed in conjunction with the painting and refurbishing of the Yankee Doodle Road Reservoir. • The properties adjacent to the proposed street improvements are zoned Industrial. • The contractor for this project, Swanson & Youngdale, Inc., has requested an extension of working hours to allow work on Sundays from 7:00 a.m. to 7:00 p.m., beginning upon approval until October 8, 1999. The work would consist of painting, sandblasting, and welding. • This request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: Letter from Contractor,page . 651 490 2150 07/02/99 10:26 FAX 651 490 2150 SEH ST. PAUL (1001/001 SWANSON & YrOUNGDALE, JNC. P-O.BOX 26070,MTNNFAPOLIS.MINNESOTA 55426-o07o- PHONE(612)545-2541• FAX(6121 545-4435• SALES FAX(612).525-1945 June 28, 1999 Short Elliott Hendrickson, Inc: -- 3535-Vadnais Center.Drive* �o St. Paul,MN 55110 Post-it*Fax Note 7671 Date 9 It M-01 t - To From s h ✓r ,rfo Attn: Norton, co. ept. EVr . Ea CZAJ co. SEH Fnnne s y43 7 Phone M Re: Yankee Doodle Reservoir Eagan; Minnesota F " s1 G / - y6 Fax# G s - 9 o - a rso Permission to Wor 'Sundays. Dear.-Jim, Please accept this:•as Swanson.&Youngdale's request to;Work Sundays onthe.above referenced project: We do:not intend to work.every Sunday, .but we•niay need to.n•take up weather:delays and welding work may.also take place on Sundays. As discussed of our meeting, this tank is located more-in an industrial setting`'and`Sunday work should not interfere with any Eagan residents. . If you should have any further questions, please do not hesitate in contacting me at (612) 545- 2541. Yours truly, SWANSON & YOUNGDALE, INC. _ Gary JQhnson . smi cc Tim Reichel 1502697 An Equal Opportunity Employer/Contractor Agenda Information Memo July 6, 1999 City Council Meeting S AQproval of driveway access easement for Advent United Methodist Church FOR COUNCIL ACTION: To approve a formal easement granting access across city park property to Advent United Methodist Church. FACTS: • Advent United Methodist Church,located at 3945 Lexington Ave. is expanding its church structure and parking. • The Church currently has an access to Lexington Ave,which will be closed off with construction. • The new access to the Church will be from the extension of Northview Park Road west of Lexington, into Patrick Eagan Park and then into the Church parking. • The City Council previously approved the joint utilization of shared parking between the Church and Patrick Eagan Park • The Church's lender requires proof of legal access to the property. • The City Attorney's office has prepared the easement document reflecting that the Church can have access across City property and it is ready to be signed. CONCERNS: There are none at this time. ATTACHMENTS: �-f g Agenda Information Memo July 6, 1999 T. HIGHVIEW PARK ADDITION (LOT 1, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate a public drainage & utility easement and schedule a public hearing to be held on August 3, 1999. FACTS: • On June 29, 1999, City staff received a petition from Gloria Fritz, property owner of Lot 1, Block 1 Highview Park Addition, requesting the vacation of an existing drainage & utility easement along the east edge of the property. • The 20-foot wide easement was dedicated with the Highview Park Addition plat to accommodate a possible storm sewer pipe to drain the backyard area on Lot 1 toward Highview Avenue. The lot has been vacant since it was platted in 1989. • The property owner is proposing to re-grade the lot in conjunction with house construction to direct the drainage overland toward storm sewer within Highview Avenue to the north. This grading would eliminate the need for a storm sewer pipe to capture the backyard drainage, and, reduce the need for the current 20-foot wide easement to a 10-foot width. • The purpose for the request to vacate a portion of the easement is that the property owner is proposing to construct a portion of the house in the vacated easement area. ATTACHMENTS: • Location Map,page�. • Legal Description &Graphic,pag47 through.�. " I Q (1(� LOCATION U�LOST SPUR W l COUNTRY YYY CLUB Buc�tT wA ® � CENTER CURVE Lim .ANAXON A 2a K CA \ ' mu-MEW C NTRY 2 WA ST. 14 LMA P Q & l�UI A 8 Id 9 K sr LEXINGTON WESTSERVICE .. 17. xx O O 7 RD. 28 ) LONE CW( ROAD OAD CO. RD. 26 67 PILOT KNO . PARKCLUEVE1r OR. APOLLO 26 cr qp 9944 TOWU MEW RD. U.S. POST W ve OFFlCE GEAY' RD. � ac 19 5 PARK • 1} V Zs 'hy OUARRY ►- OISCOVVY ROAD 27 PARK FL MEE DOODLE ROAD ( CO. RD. 28 ) YANKEE DOODLE ROAD__j CO. RD. 28 ) N «• ® YAIACEE PL t3j ST 10 O c d pe. 50 T w4R t AjjEARY PARK CARRIAGE HILLS rT. 5 a_ wwm000 u` < 3.- Y R. GOLF COURSE 77 ' A 53 L � 2 Y a A� ROYAL OAKS PARK � s • 15 wIE FIF Lot mom cr. Y cRESTRacE -Nr% "-T � a W-1 n. W1D G:\VACATIONS\L1BIHVPK.DWG LOT 1, BLOCK 1,HIGHVIEW PARK ADDITION Figure EASEMENT VACATION 1 City of Eagan LOCATION MAP The west 10 feet of the east 20 feet of the southerly 129.00 feet of the northerly 139.00 feet of Lot 1, Block 1, Highview Park Addition, according to the recorded plat thereof, Dakota County, Minnesota. Said east 20 feet is measured at right angle to the most easterly line of said Lot 1. The northerly 139.00 feet of said Lot 1 is measured along said most easterly line of said Lot 1 and parallel with. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. Bradley J.Sw Date Mn.Reg.No. 15235 N 890 51' 04" E 330.06(MEAS.) (330.00 HIGHVIEW ACRES) -_ _ 160.06 s0 " ' 85.00 85.00 mi I I8 W I � a ., so UJ 39 = I I . p 5 8. t T «• I _ gQD w O I ► cri ovzo � w � N Q M Ow II 0) aiv "o I N 6 LACK NE I N ( I I I Ii 160 06 L_— 8 0 85.00 _ 330.06(MEAS.) (330.00 HIGHVIEW ACRES) N 8910 51' o4' E HIGHVIEW PARK ADDITION LOCATION MAP SECTION 4 TOWNSHIP 27 RANGE 23 R Agenda Information Memo July 6, 1999 Eagan City Council Meeting U. TREE CONTRACTOR LICENSE.RAINBOW TREE COMPANY ACTION TO BE CONSIDERED: To approve the tree contractor license for Rainbow Tree Company. FACTS: • The City is in receipt of a license application from the above referenced company. • The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: • Application enclosed without page number. 53 Agenda Information Memo July 6, 1999 Eagan City Council Meeting V. CONSIDER APPLICATION FOR WINE/BEER LICENSE FOR Z-,TECA OF EAGAN, LLC, 1428 YANKEE DOODLE ROAD (FORMERLY JOHN HARDY'S BAR B Ol ACTION TO BE CONSIDERED: To approve the wine/beer license for Z-Teta of Eagan, LLC, 1428 Yankee Doodle Road (former location of John Hardy's Bar B). FACTS: • Z-Teta of Eagan, LLC has applied for a wine and beer license with the City,of Eagan. Z-Teca is a Limited Liability Corporation with Steven W. Bolton and Edward J. Connolly as officers in the corporation. They plan on opening a Z-Teca Mexican Grill at 1428 Yankee Doodle Road in Eagan. • The applicant has submitted the required documents,which have been reviewed and deemed in order by City staff. The police have conducted an investigation of Mr. Bolton and Mr. Connolly and do not find any reason to deny the applicant the on-sale wine and beer license. ATTACHMENTS: L • Memo'from Police Chief Geagan enclosed on page J • Application enclosed without page number. POLICE DEPARTMENT MEMO city of eagan DATE: 06/29/99 TO: CHIEF PATRICK GEAGAN FROM: DET.DOUG MATTESON SUBJECT: WINE/STRONG BEER LICENSE,Z-TECA OF EAGAN, LLC Z-TECA of Eagan, LLC has applied for a wine and strong beer license. They are in the process of opening a restaurant located at 1428 Yankee Doodle Road,where the John Hardy's BBQ used to be. Z-TECA was organized as a limited liability corporation and is recognized under Minnesota statutes as a corporation. There are two officers in this corporation, a Steven W. Bolton, who owns 87% and an Edward J. Connolly,who owns 13%. According to the partnership agreement,Bolton will be funding the company and Connolly is responsible for the daily operations. Bolton is involved in many properties, namely Subway Incorporated. His application indicates that he owns Subway restaurants in St. Paul, Rochester,Duluth,Zumbrota, Cannon Falls and the Superior, Wisconsin area. I did run criminal histories and warrant inquiries on all interested parties. All come back with no criminal records. I have also learned that Z-TECA is in the process of receiving a wine and strong beer license in the City of Woodbury, as they are opening a restaurant there, as well. Based on the information provided by the applicants and the investigation that I completed,I find no reason to deny the applicants the requested permits and license. 55 Agenda Information Memo July 6, 1999 W. CONTRACT 98-G, EAGANDALE CORPORATE CENTER NO, 4 ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 98-G (Eagandale Corporate Center No. 4 — Street & Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Eagandale Corporate Center No. 4 was constructed on the south side of Discovery Road, north of Yankee Doodle Road and east of Lexington Avenue. This development required the installation of sanitary sewer, water main, storm sewer, and streets which was performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. 56:2 Agenda Information Memo July 6, 1999 X CONTRACT-98-11, DELTA DENIAL ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 98-H (Delta Dental —Watermain & Storm Sewer) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • The Delta Dental corporate headquarters was constructed on the east side of Blue Cross Road, between Ashbury Road and Yankee Doodle Road. This development required the installation of water main and storm sewer, which was performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. Agenda Information Memo July 6, 1999 Y. CONTRACT 98-20,CITY CAMPUS AQUATIC FACILITY LIGHTING ACTION TO BE CONSIDERED: To approve the final payment for Contract 98-20 (City Campus Aquatic Facility-Lighting) in the amount of$3,420.07 to Bob's Electric and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 98-20 provided the lighting within the parking lot of the aquatic facility, Cascade Bay. The lighting was installed in conjunction with the site grading, installation of utility laterals, and construction of the parking lot under Project 730. • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. �B Agenda Information Memo July 6, 1999 Eagan City Council Meeting Z. PROJECT 678 DEER-WOOD RESERVOIR- LAND ACQUISITION ACTION TO BE CONSIDERED: Approve the agreement for the land and easement acquisition from the Thorson/Comwell group for the Deerwood Reservoir under Project 678, authorize the Mayor and City Clerk to sign all related agreements and process payment. FACTS: • Project 678 provided for the construction of the 4.0 Million Gallon (MG) Reservoir located at the southeast corner of I-35E and Deerwood Drive. It required the acquisition of about 4.7 acres of undeveloped land. The City had to proceed with acquisition through eminent domain (condemnation). In the interim, the land was platted and subdivided into the Oakbrook Addition. As a result of this development process, the City was able to negotiate an equitable and satisfactory acquisition agreement which included compensation for all permanent, temporary and construction easements as well as interest from the date of taking. This agreement has been reviewed by the City Attorney's office and the Public Works Dept. and found to be in order for favorable Council action. �59 Agenda Information Memo July 6, 1999 Eagan City Council Meeting PUBLIC HEARINGS A. VARIANCE (3500 Kennebec Dr)Tree Trust ACTION TO BE CONSIDERED: • To approve a Variance to the architectural standards for an I-1 Limited Industrial Zoning District limiting metal exterior materials of newly constructed buildings to 25%or less of the total exposed walls. FACTS: • Tree Trust operates a non-profit training and nursery center on the subject property owned by the Metropolitan Council. They currently operate under 5-year renewable leases. • The applicants are proposing to erect a 3,456 square foot metal storage building on the site for the purpose of storing equipment and materials. A similar structure currently exists on the site. • According to Tree Trust,their current lease arrangement with the Metropolitan Council requires all structures be removed from the site upon termination of the lease. • The subject site is isolated and accessible only from a private drive constructed in an unimproved right-of-way segment of Kennebec Drive. ATTACHMENTS: • Staff report,pages through �P 7 CP PLANNING REPORT CITY OF EAGAN REPORT DATE: June 16, 1999 CASE: 17-VA-08-06-99 APPLICANT: Tree Trust HEARING DATE: July 6, 1999 PROPERTY OWNER: Metropolitan Council PREPARED BY: Erik Slettedahl REQUEST: Variance LOCATION: 3500 Kennebec Drive COMPREHENSIVE PLAN: IND Limited Industrial ZONING: I-1 Limited Industrial SUMMARY OF REQUEST The applicant is requesting a Variance to the architectural standards for an 1-1 (Limited Industrial) Zoning District for the purpose of erecting a metal pole building on Tract E of Registered Land Survey#4 in the NE 1/4 of the NW '/a of Section 17. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a Variance and impose conditions and safeguards therein if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such Variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CODE REQUIREMENTS City Code Section 11.10, Subd. 30, B., 2. Requires that no more than 25% of the exterior, exposed walls of any newly constructed building in an 1-1 Zoning District may be constructed of U/ metal. Any metal surface or siding as permitted herein shall be coated or anodized with a non- reflective, glare-free. City Code Section 11.2, Subd. 3, states that no nonconforming structure shall be erected, converted, enlarged, reconstructed, altered, or changed in any manner which is not in conformity with this Chapter without a Variance. BACKGROUNDIHISTORY In 1977, Tree Trust began its nursery and training center on the subject property owned by the Metropolitan Council Environmental Services. In 1998, Tree Trust renewed a 5-year license agreement with the Metropolitan Council with the option of a 5-year renewal. Tree Trust is a non-profit training and nursery center that's stated mission is to provide education and employment experiences for approximately 1,000 special needs youth per year. They complete environmental projects throughout the Metropolitan area, as well as, provide education, support, and trees for 20 schools and 15 neighborhood groups per year. EXISTING CONDITIONS The subject lot is approximately 15 acres in size and is located in the Northeast corner of Kennebec and Blackhawk Road. The site is one of several large tracts acquired by the Metropolitan Council as part of its Seneca Water Treatment Facility. There is currently one, 3,000 square foot metal pole building on site that is located 126 feet from an unimproved segment of the Kennebec Drive right-of-way. The site is isolated and is accessible only from a private drive constructed in the unimproved public right-of-way. No other lot is served by this drive. There is approximately 37 acres to the West and South owned by the Metropolitan Council, part of which serves as the regional maintenance facility. The site is heavily wooded, obscuring the existing metal facility from view of all surrounding properties and rights-of-way. Currently, there are tools, equipment, and materials being stored outside on the site. APPLICANT'S REQUEST Tree Trust has received a$25,000 grant from the Graco Corporation to construct an accessory shelter to store tools and materials that they currently store outside. The proposed structure would be a metal "pole"type construction similar to the existing structure. The proposed structure would be 3,456 square feet and would be located to the south of the existing metal building. APPLCIANT'S ESTIMATE OF HARDSHIP According to Tree Trust,their lease agreement with the Metropolitan Council stipulates that at the end of the lease, or if the lease is terminated, Tree Trust is responsible for removal of the buildings. The applicant believes that a metal "pole"type building is the most practical type of & building that can be disassembled and reassembled by their work force in the event that the lease agreement expires. Tree Trust has stated that, as a non-profit,they are building this facility with grant money and are unable to construct a permanent brick or concrete structure, especially due to their lease arrangements with the Metropolitan Council. EVALUATION OF REQUEST Due to the relative isolation of this site and screening provided by the wooded acreage, the construction of a metal building on the subject property would appear to have no negative impact on the surrounding properties. If the Tree Trust lease expires with the Metropolitan Council, Tree Trust would be required to remove the metal structures, eliminating any permanent investment by Tree Trust in the property. If approved, a condition should be applied to this Variance request to assure the metal structures will be removed in the event Tree Trust lease is terminated or allowed to expire. The new structure would improve the visual appearance of the site by providing an indoor storage facility for equipment and materials currently stored outside. SUMMARY/CONCLUSION The applicant is requesting a Variance to the architectural standards for an I-1 limited Industrial Zoning District for the purpose of erecting a metal building on Metropolitan Council property located in the NW 1/4 of Section 17. The applicant has stated that erecting a structure that meets code standards is both impractical and impossible given the constraints of their non-profit operation and the nature of their lease agreement with the Metropolitan Council. The relative isolation and natural screening associated with the subject site appears to alleviate any negative impact of the proposed structure on the surrounding area. ACTION TO BE CONSIDERED To approve a Variance to the architectural standards for an I-1 (Limited Industrial)Zoning District limiting metal exterior materials of newly constructed buildings to 25% or less of the total exposed walls. If approved, the Variance should be subject to the following conditions: 1. In the event the lease between Tree Trust and the Metropolitan Council is terminated or expires, or subdivision of the subject property occurs, all metal structures on the subject property shall be removed. Eagan Boundary Location Map Street Centerline Parcel Area Building Footprint t t �•a y `9 Sub'ect Site f C � 9 r T ne , 4 uo un. Ov" F1 ® � m tt � d r A9V M ty a �� Fr � ���'--c= �Nm 0 ®tee J .� 1000 0 1000 2000 Feet Development/Developer. Tree Trust Application: Variance Case No.: 17-VA-08-06-99 Map Prepared wing ERSI An;Mew 3.1.Parcel base mop i.ft.. an provided N by Dskota Cotinty Und Suzy Depw&ant and is cunni as of April 1999. w E City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Deportment The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S not responsible for errors or omissions. s _ mM FAROW INW9lYS10G( : Subject Site - Metropolitan Councils Maintenance FacilityCL V0� REGISTIMM LAT gJWEY .4 �0� �<�p� iii � s ' Citi-Car Allstate Leasing d , o J Metr litan Council \ 7 '<a Road Edge Builiding Footprints(+or-10') Parcel Lines Current Site Map r W W E W ® V T LLJ F- H r� N Lv 6W a low W z � i F- H F- Z F- O z� m Of w Z ^—� v r- f- LL " �� Q v Q �V W H w O '— N a UJZ Q, aa —� w WCO aid -41 CO W 3 m �gf ^ $F $ = a a �v e4i 5 W 0 �y �a. U e r i� _� sm ----------- ------------—- ---—--------- ------------ ----------------- ::D � M LLJ LJ fj� Of Ed> Ln w 7:7-- C,4 DO =------------------------- ---------- _00©D®® 00 0 F=9 ------------- Lil U 19 0 IiiW000000 JA DOMDOU" 0 F-i 0 ---------------------- ss ER ea OD Eg lea Agenda Information Memo July 6, 1999 Eagan City Council Meeting B. VARIANCE (LOT COVERAGE)-DOUGLAS ROBOHM ACTION TO BE CONSIDERED: To approve a 4.6 percent Variance to the maximum 20 percent lot coverage requirement applied to Lot 22,Block 5, Cedar Grove No. 4 located in the NE '/4 of Section 30. FACTS: ➢ The subject property is zoned R-1, Single Family Residential. ➢ According to section 11.20 Subd. 6.F of the City Code: All buildings including accessory buildings together(within residential zoning districts) shall not cover more than 20 percent of the site area. ➢ The applicant is proposing to construct a 1,052 square foot addition to his home resulting in a lot coverage of 24.6 percent (2,216 square foot footprint upon a 9,000 square foot lot). ➢ According to the applicant,the hardship for the requested variance is based on the following factors: 1. A desire for additional living space within the dwelling and; 2. Improved space relationships within in the home (i.e. the proximity between the bedroom and laundry room) and; 3. The elimination the present outside storage(i.e. the applicant's camper and vehicles) and; 4. The removal of a metal accessory storage building which exists on site and; 5. Approval of the variance will not negatively impact surrounding properties. ATTACHMENTS (1) Staff report,pages throughZS C�g . PLANNING REPORT CITY OF EAGAN REPORT DATE: June 28, 1999 CASE: 36-Vii-06-05-99 APPLICANT: Douglas Robohm HEARING DATE: July 6, 1999 PROPERTY OWNER: Douglas Robohm PREPARED BY: Bob Kirmis REQUEST: Variance (lot coverage) LOCATION: Lot 22, Block 5, Cedar Grove No. 4 COMPREHENSIVE PLAN: D-I, Single Family(0-3 units/acre) ZONING: R-1, Single Family Residential SUMMARY OF REQUEST Douglas Robohm is requesting approval of a 4.6 percent Variance from the maximum 20 percent lot coverage requirement for a single family residential property located at 2086 Quartz Lane (Lot 22, Block 5, Cedar Grove No. 4). Specifically, Mr. Robohm is proposing to construct an addition to his home which will result in a in a lot coverage of 24.6 percent (2,216 square foot building footprint upon a 9,000 square foot lot). AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. l� Planning Report—Robohm Variance July 6, 1999 Page 2 CODE REQUIREMENTS The subject property is zoned R-1, Single Family Residential. According to section 11.20 Subd. 61 of the City Code: All buildings including accessory buildings together(within residential zoning districts) shall not cover more than 20 percent of the site area. The applicant is proposing to construct a 1,052 square foot addition to his home. This will result in a 2,216 square foot footprint and a lot coverage of 24.6 percent upon the subject 9,000 square foot parcel. EXISTING CONDITIONS The Cedar Grove subdivision was approved in in the early 1960's. While the R-1 zoning designation establishes a minimum lot size requirement of 12,000 square feet, the vast majority of lots within the subdivision measure approximately 9,000 square feet and exist as legal nonconformities. The lot in question measures 9,000 square feet in size and has an existing building coverage of 13 percent. The site is bounded on all sides by single family residential development. The applicant has made contact with neighboring property owners who have voiced general support of the project. EVALUATION OF REQUEST The applicant is proposing to construct a 1,052 square foot addition to his home. Specifically, the applicant his proposing to construct garage and family room additions . All applicable R-1 district setbacks have been met. As shown on the site plan, the proposed garage addition will prompt the construction of a second driveway onto Quartz lane. While such condition is allowed by code, some question exists regarding the aesthetic impact of having two hard surfaced driveways within the front yard of a 75 foot wide lot. According to the Inspection Division, the City has not previously received or approved variances from the maximum 20 percent in the area of the subject property. Planning Report—Robohm Variance July 6, 1999 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the hardship for the requested variance is based on the following factors: 1. A desire for additional living space within the dwelling and; 2. Improved space relationships within in the home (i.e. the proximity between the bedroom and laundry room) and; 3. The elimination the present outside storage (i.e. the applicant's camper and vehicles) and; 4. The removal of a metal accessory storage building which exists on site and; 5. Approval of the variance will not negatively impact surrounding properties. SUMMARY/CONCLUSION The applicant is requesting a 4.6 percent variance from the maximum 20 percent lot coverage requirement imposed in residential zoning districts. A determination of whether or not the applicant has sufficiently demonstrated hardship is considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To approve a 4.6 percent Variance from the required 20 percent lot coverage requirement applied to Lot 22, Block 5, Cedar Grove No. 4. � I Eagan Boundary treat Contsirline Lombon :arcel Area !J!r� ■►�� '�� �b��a,%�j��, arau � fw au u uo ODS oil o as�a��sa 0 tMill 144 o aMill • � i � � �55�'�50 as �� 9316 162A ■ oa la Z! SQ— SS •a D3 G!O �© G!� [�R] L4%rj149 C�■•PQ •�a� arj 1MI4.a LMOU � 16 Baa L'i -1 LINE a FITIw� � a i1lFLI IMPU 11 IJ%" 1�Zdl la1"sl L�Fd t�N �1,...�+�. ©O�Q �Os ��►� ©.��� Q �� tri I'Ar� ��..�• ��Q'�`'A�►�© ®'a��� 4_ Q��s ;s',S�A'��.���� Oya� la.•u rj©Q ©QOCP d► lam 6 �i4� 3,�J�•.� s 6�0 o �W4*.in :' C'y:r~� © ;�� ���► .haw %'�Z� K r� p� © 0 uu patargiNge..."II,® �� ��itC►y �rj �� e ��a•� �a , CD mE•�'[,:+y t � Csa■a � ��CGr :En.GC a as iun ► �iall oavcv000» a�© �N_S S'3S0 0� o�GROW vv �o G��iiZ»��aZ�GWG:G CGv=SGS c�c�cu�c� �v �1 c , c o<<©p�v����t� I v f'`g:E] an 1111 Ciiiiil WIN 11 i1 C diS v Application:Development/Developer. Douglas Robohm Case No.: 30-VA-09-06-99 by Deloots County Lend Survey Depirtnort and is arrent as of April 1999. �. ity of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for error&or omissions. EXISTING PLOT PLAN 6 FEET OFF OF PROPERTY LINE 25 ' 6" OFF OF PROPERTY LINE 22 X 24 24' X 24' F- W W FOUNDATION SIZE LL 1164 sq. ft. 0 N H W LL N 75 FEET QUARTZ LANE n EXISTING CONDITIONS I� PROPOSED PLAN i� 22' X 16' FAMILY ROOM 6 FEET OFF OF PROPERTY LINE 5' 6" OFF OF 20' x ss' PROPERTY LINE GARAGE 22 X 24 24' X 24' FOUNDATION SIZE W 1164 sq.ft. W LL O N W W LL N i 75 FEET QUARTZ LANE l� SITE PLAN -1 2086 Quartz Lane Eagan, MN 55122 June 21,1999 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attention: Mc Bob Kirmis Dear Mr. Kirmis, We have met with a contractor to discuss plans for additions to our home, but discover there are restrictions which would cause us hardships. Therefore, we request a variance from the normal 20% occupancy of our lot for our addition of a larger eating area/family room, main floor bathroom/laundry room and an oversized double car garage for the following reasons: 1. We have lived in Eagan at the present address for 37 years and plan to spend our retirement years here. However, we have a small eating area and no family room; our family is growing with children, grandchildren and extended family and we do not have space in our house for 17 of us to gather for family.holidays and other celebrations. The addition of a larger dining/family room would help us accommodate this group. 2. We currently live in a split level with 7 stair steps between the bedroom/bath area and the living/kitchen area and 14 steps between the living/kitchen and laundry area (21 steps from the bedroom to the basement laundry-a long way to cant'a basket of laundry when one hand needs to hold a railing for support). Linda's knees are very bad and coming down the steps is extremely painful and slow. Doug has had two back surgeries and has difficulty using stairs from time to time Therefore, a bathroom with laundry on the first floor would alleviate much stair running for laundry and daily bathroom usage. As we age, the problems will only compound. 3. Currently we have a single, tuck under garage that is used for a shop/work space and storage. Therefore our camper and two cars must sit in the drive way (see attached photo), but one vehicle is usually on the street. This presents a problem with winter street parking restrictions. To solve this problem, we could build a 20' x 36' garage which could accommodate the camper and both vehicles. They would be off the driveway and off the street, to negate the cluttered look in our yard; and inside to protect from spring and summer hailstorms as well. 4. Currently we have a metal storage shed for lawn equipment and furniture which would come down with the addition of the family room and we would need storage space in the new, enlarged garage to enclose that equipment. Sincer Doug anLinda Robohm APPLICANT CORRESPONDENCE Agenda Information Memo July 6, 1999 C. PROJECT 770, DENMARK AVENUE - EXTENSION STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To continue the public hearing for Project 770 (Denmark Avenue Extension—New Street and Utility Improvements) indefinitely. FACTS: • The proposed improvements involve the extension of Denmark Avenue from Northwood Parkway to Clubview Drive, providing a frontage road along the east side of,Interstate 35-E and another connection between Yankee Doodle Road and Lone Oak Road. • The construction of the street and utilities is programmed for 1999 in the City's 5-year CIP (1999-2003). • On March 2, 1999, the City Council authorized staff to prepare a feasibility report addressing the scope, cost, schedule and financing of new street and utility improvements for Denmark Avenue. On May 4, the feasibility report for Project 770 was presented to the City Council and a Public Hearing was scheduled for June 1 to formally present and discuss the report. • Numerous meetings have been held between City staff, the City's.consultant engineer, and the United States Postal Service (USPS). The USPS has stated they will dedicate the right- of-way and easements for the improvements if the street alignment and location of improvements are placed in accordance with their preferences. • Dakota County has reprogrammed the upgrade of Lexington Avenue, from Yankee Doodle Road to Lone Oak Road, for 2001. Likewise,the City Council, in a Special Council meeting on June 29, concurred with the placement of the Lexington Avenue improvements in 2001 as part of their review of the proposed 5-year CIP (2000-2004). These actions delay the urgency of the need for Denmark Avenue as a detour route. ISSUES: • The USPS, in the latest meeting with City staff, has requested additional time to complete a comprehensive site study of the Bulk Mail Center property. This study will give the USPS better information from which to make decisions regarding the alignment and placement of the street and utility improvements. The USPS believes they can complete said study within the next 3 months. • City staff is requesting additional time for the USPS to review their site needs and for City staff to address such needs with possible revisions to the feasibility report. A continuation of the public hearing until after the USPS has completed their site study and City staff has been able to review said study will allow staff time to address any associated needs with revisions to the feasibility report. This would provide a more definitive scope of improvements, cost estimates, and methods of financing for the City Council to consider proceeding with the proposed improvements. 1 Agenda Information Memo July 6, 1999 Eagan City Council Meeting D. OFFICIAL• MAP#l, NORTHWOOD PARKWAY ACTION TO BE CONSIDERED: Adopt Official Map #1 (Northwood Parkway) and authorize its filing at Dakota County. FACTS: • Since 1985, the City has recognized the growing congestion in the I-35E, Yankee Doodle and Pilot Knob Road interchange. In 1991, the City Council amended the Transportation Plan Element of the Comprehensive Guide Plan to identify the future "Ring Road" concept. A segment of this Ring Road consists of the extension of Northwood Parkway over I-35E connecting Lexington Avenue to Pilot Knob Road at the existing intersection of Highsite Drive. This alignment bisects the Glen Pond Apartment complex. The owner of the property has been anxious to proceed with an expansion of the apartment complex that will conflict with the proposed alignment of the Northwood Parkway Ring Road segment. The property owner requested the City to define the alignment of Northwood Parkway to assist in his future site planning. • In order to preserve and protect this transportation corridor, on April 28, 1998, the council authorized the preparation of an Official Map for this alignment. This is a statutory process (MN Statute 462.359) that entitles the City to preserve land with a formal recorded survey of land needed for future roadway improvements. A public hearing to approve this Official Map was held on June 16. It was continued to October 20 to provide time for staff to investigate other possible alignments. Due to active progress being made on evaluating alternatives after initially meeting with affected property owners, on October 20, the Council cancelled the Official Map #669-1 and directed staff to resubmit when an acceptable alignment had been defined. • Informational meetings were held on September 30, October 22 and November 12 to further review and discuss alignment options. The original concept alignment has been reconfirmed with the understanding that the City would pursue the acquisition of excess MnDOT right-of-way between Marice Drive and I-35E to be used in a land swap for the Ring Road right-of-way. Appraisals have been prepared and submitted to MnDOT along with an application for formal reconveyance of this excess right-of- way. MnDOT's process will take another 60-90 days before the City will be able to proceed with formal right-of-way acquisitions and/or land acquisitions. • As a result of the June 1, 1999 Council consideration, this item was directed to the June 22'Advisory Planning Commission for review and recommendations. The APC supports the Ring Road Comprehensive Plan Element but did not approve the Official Map due to the lack of a defined right-of-way acquisition schedule to follow the Official Mapping. Item C. Old Business(cont'd.) • The Official Mapping has been held in abeyance since last year while staff initiated land acquisition from MnDOT to be used in the compensation for the right of way taking for this segment of Northwood Parkway with previous concurrence from the property owner. It has only been revived due to the property owner submitting and processing an application to develop the land incorporating the proposed alignment. The Official Map will allow the City to preserve this much needed corridor while the right of way negotiations continue. ISSUES: • Recently, the Glen Pond Apartments' property owner has submitted an application to expand the apartment complex without taking into consideration the Ring Road alignment. Therefore, it is now necessary for the City Council to revive the Official Map process to preserve this corridor and minimize the acquisition costs to the City in the future. If the Council decides to allow the expansion of the Glen Pond Apartments without the Northwood Parkway right-of-way being preserved or Official Mapping the alignment, the Council should then direct staff to amend the Comprehensive Guide Plan to delete the Ring Road. • MnDOT has indicated that our requested reconveyance of excess 35E right-of-way to be used in a proposed land swap could take an additional 3-6 months. This does not meet the time frame of the developer. A letter has been enclosed suggesting a shorter time frame. The City has no control over this aspect of the acquisition. ATTACHMENTS: • APC Planning/Engineering Report,pages_1.q.through • APC meeting minutes,page dw"gk- • Property owner letter, Page PLANNING REPORT CITY OF EAGAN REPORT DATE: JUNE 17, 1999 CASE: OFFICIAL MAP 669-1 APPLICANT: Public Works Department HEARING DATE: June 22, 1999 PROPERTY OWNER: Wenzel Plumbing & PREPARED BY: Tom Colbert Heating; State of MN. Public Works Dept. REQUEST: ADOPTION OF OFFICIAL MAP 669-1 LOCATION: Blocks 2 & 3,Effress Add COMPREHENSIVE PLAN: Central Area (CA) ZONING: R4 SUMMARY OF REQUEST Adopt and file Official Map 669-1 to preserve and protect the corridor alignment of Northwood Parkway from Denmark Ave. to Pilot Knob Rd. as part of the City's Comprehensive Transportation System. AUTHORITY FOR REVIEW Minnesota State Statutes 462.359 provides for the following: Subdivision 2 (Adoption) states that, after the Planning Agency for a local municipality has adopted a community facilities plan, it may, for the purpose of carrying out the policies of the Major Thoroughfare Plan and Community Facilities Plan, prepare and recommend to the governing body a proposed Official Map covering the entire municipality or any portion thereof. The governing body may, after holding a public hearing, adopt and amend the Official Map by ordinance. BACKGROUNDIHISTORY Since 1985, the City has recognized the growing congestion in the I-35E, Yankee Doodle Rd. and Pilot Knob Rd. interchange. Maximizing the capacity with physical improvements to the existing roadway system alone will not accommodate the ultimate traffic volumes associated with full development in this area. In 1991, the City amended the Transportation Element of the Comprehensive Guide Plan to identify the future "Ring Road" concept. A segment of this ring road consists of the extension of Northwood Parkway over I-35E ultimately connecting Lexington Ave. with Pilot Knob Road at the existing intersection of High Site Dr. This will function as a reliever for Yankee Doodle Rd and remove the more local traffic from the regional trips using the 35E/Yankee/Pilot interchange. With the recent development of the Eagan Promenade and the Denmark Ave./Northwood Parkway segment of this ring road concept, a planned alignment of the Northwood Parkway overpass and its connection to Pilot Knob Rd. has been refined. It consists of constructing a new roadway from the Highsite Dr. intersection at Pilot Knob Rd. and proceeding to the southeast along the eastern edge of the Glen Pond wetland. This alignment is compatible with the most efficient and economical placement of a freeway overpass and future signalization of High Site Dr. at Pilot Knob Rd. Several neighborhood meetings were held during the fall of 1998 with all potential affected or interested property owners. After reviewing several options, the proposed alignment was deemed the most acceptable to the majority. The City staff is currently pursuing an opportunity to purchase the excess surplus land owned by MnDOT to use in an exchange agreement with the owner of the glen Pond Apartment Complex to mitigate the acquisition of the his land for this Northwood Dr. alignment. Appraisals have been forwarded to MnDOT and the City's acquisition application is currently being processed. It is anticipated that it will be processed within the next 60-90 days. On June 1, 1999, the City council directed Staff to proceed with the formal process necessary to consider adoption of an Official Map. A Public Hearing has been tentatively scheduled before the City Council on July 6, 1999 pending the recommendation of the Advisory Planning Commission. The timing of this process is critical due to the application for a Preliminary Planned Development for the Glen Pond Second Addition, which proposes to expand the Glen Pond Estates Apartment Complex into the future right of way alignment for this ring road. EXISTING CONDITIONS Lots 1 and 2, Block 2, Effress Addition are currently vacant undeveloped land and wetlands intended for future development and expansion of the Glen Pond Estates Apartment Complex. Lots 1-5, Block 3, Effress Addition is currently vacant undeveloped land owned by the State of Minnesota and classified as excess surplus property left over from the acquisition associated with I-35E. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Guided Central Area(CA); Zoned R-3 and R-4 South - Guided Central Area (CA); Zoned General Business (GB) East - Guided Central Area (CA); Interstate and Planned Development (Commercial) West- Guided Central Area (CA); Research and Development (RD) SUMMARY/CONCLUSION In order to preserve and protect the corridor and the City's ability to develop the Northwood Parkway alignment of the Comprehensive Guide Plan's Ring Road concept, it has become timely and necessary to adopt an Official Map (669-1) and have it recorded at the County. This will require all future development applications to take this future alignment and right of way acquisition into consideration when planning any development proposals. If this Official Map is not approved, the Advisory Planning Commission and City Council should consider revising the Comprehensive Guide Plan Transportation Element to delete this Ring Road concept. ACTION TO BE CONSIDERED RECOMMEND TO THE CITY COUNCIL THE ADOPTION AND FILING OF OFFICIAL MAP 669-1 (NORTHWOOD PARKWAY) AS BEING IN CONFORMANCE WITH THE TRANSPORTATION PLAN ELEMENT OF THE COMPREHENSIVE GUIDE PLAN. 4 ,23 r-4-� CN O; 6 co 11 9 co HIGHSITE DR. 3' V) I o& 0 L. (A uj I 589.41"08"E z 83.55 .$v Ln w 3: ICURVE N0.0o. 0 z PARCEL V 0 _j PARCEL —Z---LCURVE MARICE DR. PARCELI S FA I F f L=.1 C V w W J ww LU J Z U • = Q J QK W a w a F- z w U 3nN3AV NOIDNIX31 • w (n • '''' w Q LU t 2 w Z LU � o I ...............................:...... gcc 0 z cc < o °00LLI 4 Q c c `tt Q V g LL • �� o • Or w _ ' m O YCCO— O ll. • } t` 4 = •••••••a : a} m m a M U cc U 0 = w < •••••'•a.ai�``''�. a.aa•aaaaa.a = a owi Z U } aa..l m m Z 3nN3AV AUVWN3a w CL _m Q F- : ¢ m—cc z ! L :a w.6co 0•— UI) O• CO — C? c C.— cc 2 z mo0? 0 • z- to maoc N °s ' 0 • = 0 _ LU > oc • = a • _ cc Ovou 80NA 1011d • 'p w Mo°'� cjs2 cr = `m :� mng Zz E T 3 U CL a u. i ; LUz z C3 — a• z — 3AIda 1VU3a3d F �sQw UZ mmg ' � 0. 0 n Ela w� � 0 E < U. ..� z - . ..,a�.7�:- INS w� !n �, u% /,I A lffe•f[[ltltl .��r�w�w. •• �Y Tr M1Woo - .. ff/ft Y/OYY o f/1 Yif WYAIW GMT*ONYY"II II, rao�awer• - li 3S`dHd aNOd N3-10 • � d r r aQcrc CL c 3 s� Ll .1[TTt r - tcc _ i ■ FIGURE 6.A.3-a: THOROUGHFARE MAP ■ w. �+ l 1 � y55 lar Oak s =41b ► Four tY rH Oao 55 ~4� 4b• Srte � q ■moi � �� // Yancaa YW"Oooe+ ODuokrood � W J Z = Waucaa , WaacoE J• C pwk Norewww 9 � G,arnaiian '• dF w nai YYIIONnaM n • 2 yilYOarnaat AJA n Cliff M M 3 F4nr+clrtt Z A Sd7ll+ Q 7 i 2 C AVOM , a EAGAN, MINNESOTA INTERSTATE FREEWAY 150-300 n. -■ OTHER PRINCIPAL ARTERIAL 150-200 tL MINOR ARTERIAL 100-150 k. COMMUNITY COLLECTOR 80 ft. NEIGHBORHOODCOLLECTOR 60 n• ,, DASHED LINE REPRESENTS FUTURE ROADWAY SEGMENT N Page 13 June 22, 1999 ADVISORY PLANNING COMMISSION OTHER BUSINESS ADOPTION OF OFFICIAL MAP 669-1 Senior Planner Ridley explained that in light of the adoption of the Ring Road concept as part of the transportation element of the Comprehensive Guide Plan, the City Council had directed City staff to proceed with a formal process to consider adoption of an official map. The official map would define the future right-of-way from I-35E to Pilot Knob Road. The right-of- way would mostly effect property owned by Wenzel Heating and Plumbing. Mr. Ridley referred the Commission to the Planning Report dated June 17, 1999. The Members discussed the consequences of establishing an official map and in particular the effect to the property owned by Wenzel Heating and Plumbing. Several Members expressed concern over impairing the use of Mr. Wenzel's property without any immediate foreseeable payment to Mr. Wenzel for the right-of-way. Member Anderson noted his opposition to the concept of a Ring Road. Member Frank stated his concern that the adoption of the official map would place the use of Mr. Wenzel's property in limbo until such time as the City acted to acquire the right-of-way. Chair Heyl and Member Huusko expressed their opinion that the official map was in concert with the Transportation Plan previously adopted. Chair Heyl stated that any monetary element connected with the mapping should be left to a decision by the Council and the Commission's focus should be on land use and planning. Member Anderson, Member Huusko seconded, a motion to recommend the adoption of the Official Map. All voted against, except Chair Heyl and Member Huusko who voted in favor. Further discussion ensued with respect to the possibility of approving the Official Map if the City were committed to acquiring the right-of-way. Following the discussion, Member Steininger moved, Member Frank seconded to reconsider the previous vote. Members Steininger, Huusko and Frank voted in favor and four against. In response to items raised by staff, Chair Heyl and others questioned whether the Ring Road element west of 1-35E should be removed from the transportation element of the Comprehensive Guide Plan in light of the Commission's action. Staff asked the Commission whether it should consider a recommendation to the Council to initiate a process to amend the Comprehensive Guide Plan. Member Segal moved, Member Steininger seconded to recommend to the Council that the Comprehensive Guide Plan not be revised to eliminate the Ring Road. All voted in favor. 612 339 8485 JUN 29 '99 15:4? FR FABYANSKE.WESTRA&HART612 339 8485 TO 6516814694 P.02i02 I EMORANDUM TO: Carry Wenzel FROM: Dennis J.Trooien RE: Ring Road Ml apping/Glen Pond Apartments DATE: June 29, 1999 Larry: It is my understanding that the Planning Commission has recommended to the City Council that it not map the roadway through your property at this time. It is also my understanding that the predominant reason for that recommendation is that the Planning Commission saw the unfairness of the mapping nifinission concurst s with on was hatnot paid orif he City intendst is very encouraging to see that the Planning C to prohibit you from constructing in a major ho adwaougf a re should compensate you for it even though the roy s not being constructed at tthat bisects your his that InttY our opinion, this roadway, even if not constructed, would be a"taking"because it deprives you of the reasonable use of your property. Assuming the City Council concurs with the Planning Commission, I recommend the following process: 1. We would agree that your application for the apartment complex could be held in abeyance for a 60-day period, during which time we would negotiate with City staff to reach a tentative agreement to resolve the matter, taking into consideration the impact which the roadway could have on your existing apartments ande lossf owned byeMNDOT.t rights. It will also clearly involve negotiations relating to swap of land currently 2. In return for our holding your application in abeyance, the City Council would not act on the mapping but instead woulddirect staff to seek an amicable agreement and resolution no later than 60 days after with you, and bring it to the City Council for its review and approval the July 6, 1999 Council meeting. We recognize that there may be additional contingencies in the agreement that may need to extend bike basics of an agreement could be negotiated.yond the 60-day period,but it appears to me at the issues are clear enough at this point that I will be sharing this Memorandum with City staff prior to the next Council meeting, and it is my understanding that you will be sharing it with the Mayor and City Council. Hopefully, procedure at the July 6, 1999 Council meeting. we car. have concurrence on the N\PL`D.1T�?31537p0.wpd ** TOTAL PAGE.02 ** i Agenda Information Memo July 6, 1999 Eagan City Council Meeting OLD 13USMSS A. RECONSIDERATION. CONDITION OF APPROVAL,INTERIM USE PERMIT FOR CEDARVALE MALL—ISD 191 ACTION TO BE CONSIDERED: Due to scheduling conflicts, representatives from ISD 191 have requested that this item be continued to the July 20, 1999 City Council agenda so that they may be present to address the Council. FACTS: • The City Council approved an IUP for a term of five years to allow expansion (to 90 students) of the Special Education Program at Cedarvale Mall on April 6, 1999. • The City Council approved a motion to reconsider this item at their regular meeting on June 15, 1999. ISSUES: • One of the conditions of approval required that the distribution of elementary and secondary students remain constant(40 elementary& 50 secondary). • The school district would prefer the condition regulating the distribution of students be amended to read as follows: `The total number of students served at Cedarvale shall not exceed 90. The population shall be monitored to ensure that a distribution of approximately two-thirds secondary to one-third elementary age students is maintained.' ATTACHMENTS: (1) June 2, 1999 Letter from Sue Grissom,ISD 191,page.. BURNSVILLE • EAGAN @ SAVAGE INDEPENDENT SCHOOL DISTRICT 191 Administrative Services Center - (612) 707-2001 - Fax (612) 707-2002 100 River Ridge Court - Burnsville, Minnesota 55337 Superintendent of Schools June 2, 1999 ` -------------- Thomas L. Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, M;nnesota 55122 Dear Mr. Hedges: Independent School District 191 opened a Special Education Program for students with emotional/behavior disorders at Cedarvale Mall in the Fall of 1998. Fifty students in grades 7— 12 have been effectively served. On April 6, 1999, the Eagan City Council approved a Conditional Use Permit allowing the District to expand its program at Vale to serve up to 90 students, kindergarten through grade 12. The Council approved the permit with two restrictions: 1. The permit was issued for a period of five years. 2. The site was limited to 40 elementary age students and 50 secondary age students. Independent School District 191 requests an amendment to the Conditional Use Permit as follows: The total number of students served at Vale shall not exceed 90. The population shall be monitored to ensure that a distribution of approximately two-thirds secondary to one-third elementary age students is maintained. Please contact Gerry Ackermann, Assistant Superintendent for Instruction at 707-2003 with a date to appear before the Council. Thank you for considering our request. Sincerely, Sue Grissom Director of Individualized Student Services c: Ben Kanninen Gerry Ackermann 1�An Eaua(Onnortuniry EMDIDV[r Agenda Information Memo July 6, 1999 Eagan City Council Meeting VIII. NEW BUSINESS A. CONDITIONAL USE PERMIT—R.J. RYAN CONSTRUCTION ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow the outside storage of truck trailers upon a upon a 6.9 acre parcel of land located north of Aldrin Drive and west of Mike Collins Drive subject to the conditions listed in the APC meeting minutes. FACTS: ➢ The proposed outdoor storage activity is to be associated with a 70,138 square foot warehouse (Graeber Minnesota Movers)which has been proposed upon the property. ➢ The proposed outdoor storage activities appear consistent with the City's outdoor storage guidelines and the other industrial activities in the area. Storage is to be confined to an area east of the proposed warehouse building. ➢ At their regular meeting on June 22, 1999, the Advisory Planning Commission held a public hearing to consider the Conditional Use Permit and recommended approval subject to the conditions listed in the APC meeting minutes. ATTACHMENTS (2) June 22, 1999 APC Meeting Minutes page Staff report,pages 1�a through 10� a t Page 2 June 22, 1999 ADVISORY PLANNING CONMISSION i PUBLIC HEARINGS CONDITIONAL USE PERMIT R.J. RYAN CONSTRUCTION Chair Heyl opened the first public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of truck trailers upon a 6.9 acre site located north of Aldrin Drive and west of Mike Collins Drive. The proposed outdoor storage activity is to be associated with a 70,138 square foot warehouse (Graeber Minnesota Movers) which has been proposed upon the property. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated June 16, 1999. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant was present and offered to answer any questions. Chair Heyl closed the public hearing. Chair Heyl indicated that the applicant's plans appeared to be consistent with the City's goals and policies and that the request was compatible with the existing conditions in the area. Member Frank moved, Member Huusko seconded, a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of truck trailers upon a 6.9 acre site located north of Aldrin Drive and west of Mike Collins Drive. The proposed outdoor storage activity is to be associated with a 70,138 square foot warehouse (Graeber Minnesota Movers) which has been proposed upon the property, subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. 2. Outdoor storage activities shall be confined to the east area of the site identified on the site plan dated June 2, 1999. All voted in favor. l v PLANNING REPORT CITY OF EAGAN REPORT DATE: June 16, 1999 CASE: ll-CU-07-05-99 APPLICANT: R.J. Ryan Construction HEARING DATE: June 22 1999 PROPERTY OWNER: Maplewood Acres Inc. PREPARED BY: Bob Kirmis REQUEST: Conditional Use Permit(Outdoor Storage) LOCATION: Lot 1,Block 1 Eagandale Corporate Center No. 3 COMPREHENSIVE PLAN: Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST R.J. Ryan Construction has requested approval of a Conditional Use Permit to allow the outside storage of truck trailers upon a 6.9 acre site located north of Aldrin Drive and west of Mike Collins Drive. The proposed outdoor storage activity is to be associated with a 70,138 square foot warehouse (Graeber Minnesota Movers)which has been proposed upon the property. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the �3 Planning Report—R.J.Ryan Company June 22, 1999 Page 2 essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures,refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities,processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons,property or the general welfare because of excessive production of traffic,noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property,which does not create traffic congestion, or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Outdoor Storage: In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center(CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (1-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property,which is designated for residential uses in the comprehensive guide plan. I � - Planning Report—R.J.Ryan Company June 22, 1999 Page 3 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND /HISTORY The Eagandale Corporate Center No. 3 subdivision was approved in July of 1997 as a replat of two lots within the original Eagandale Corporate Center subdivision which was approved in October of 1996. While applicable I-1 zoning district provisions list"warehousing" as a permitted use, the proposed outdoor storage activities (associated with the warehousing use) requires the approval of a conditional use permit. EXISTING CONDITIONS The subject 6.9 acre site in question is currently vacant. The property is relatively flat and holds no significant vegetation or wetlands. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Apollo Business Center; zoned I-1 and designated I-1 South- Dart Warehouse; zoned I-1 and designated I-1 East - Dart Warehouse; zoned I-1 and designated I-1 West- Penske Trucking; zoned I-1 and designated I-1 EVALUATION OF REQUEST Compatibility with Surrounding_Area- The subject site exists in an area that is characterized by warehouse-type uses and accessory outdoor storage activities. The proposed outdoor storage activities are to to occur on the east side of the proposed warehouse and will not be visible from the Aldrin Drive right-of-way as a combination of plantings, fencing and berming (along the sites southern boundary)will screen the truck trailer storage area. Airport Noise Considerations -The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its 9-6 Planning Report—R.J.Ryan Company June 22, 1999 Page 4 current location, the Metropolitan Council has adopted a revised Aviation Chapter that anticipates the impacts from continued airport operations at this site. The noise policy contours in northern Eagan place the subject property within Noise Zone IV. In Noise Zone IV, industrial uses are consistent. Site Plan-As shown on the submitted site plan, the proposed 70,138 square foot warehouse is to be located on the western one half of the subject site. The plan also calls for a future 11,202 square foot expansion of the building to the north. The proposed outdoor storage activities are to take place on the east side of the site, east of the proposed warehouse. According to the applicant, the storage area is to be used exclusively to store semi-tractor trailers. The storage area is to be screened from Aldrin Drive via landscaping along the site's southern boundary and its lower grade elevation(four feet lower than Aldrin Drive). The facility's loading docks are to be located along the east side of the building and are to be screened via a variety of plantings (spruce, crabapple, and dogwood). No long-term trailer storage has been proposed at the loading docks. Setbacks -All applicable off-street parking area setback requirements have been satisfied. Landscaping- In accordance with CUP submission requirements, a landscape plan has been submitted for review. The plan appears well conceived and responds to applicable ordinance screening requirements. SUMMARY/CONCLUSION The proposed outdoor storage area is to be located in an area of minimal visibility. The outdoor storage activity appears compatible with the area and the standards set forth for outdoor storage by a business. The outdoor storage area has been defined and does not compete with parking or landscaped areas. ACTION TO BE CONSIDERED To recommend approval of the proposed Conditional Use Permit to allow outdoor storage of trucks and trailers upon a 6.9 acre site located north of Aldrin Drive and west of Mike Collins Drive. If approved, the following conditions should apply: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. Planning Report—R.J.Ryan Company June 22, 1999 Page 5 2. Outdoor storage activities shall be confined to the east area of the site identified on the site plan dated 6/2/99. l� FINANCIAL OBLIGATION—11-CU-07-05-99—10-22517-010-01 There is a total pay-off balance of $1124,445 for the special assessments on this parcel, for which the conditional use permit is requested. In addition, there is a $2,640 pending assessment for improvements related to Project 694. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses for the parcel which the conditional use is requested. 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 for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT None TOTAL $0 qS kin M [M K MEMOIR IN �ir -mini D � -loam F nd Development/Developer: R.J. Ryan Construction Application: Conditional Use Permit Case No.: 11-CU-07-05-99 of Eagan r '���„ .���� .fir VIII►� � � Zoning and Comprehensive Guide Plan R. J. Ryan Construction Land Use Map Case No. 11-Cu-07-05-99 Zoning Map . 4, 41 F1 4, Current Zoning: 6P F1 I-1 aP Limited Industrial 41 O I-, • 6P OP I-, 0 �CO.11-Y.MREE N• • so uN r..t a Comprehensive Guide Plan ) ti IND Land Use Map :J IND aP IND IND Current Land Use Designation: I IND IND 0 Limited Industrial SP sP ■rer IND .-nn EWO.IE■ N• • N• 12" r..t • - t • ►.heal b••.—P Ialonnatl—P."—by DO"th C"Oly Land•trwy D•Parb—.41"9, N Z Z.,Mn.Intoe da pro.ld•J by Lay.ranee eroy tela ttpdet•d by City Stan. City of Eagan W E 0WITTanftyDevelcpvent nwt THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S r j 4513 SHOW V.LOS36 W 138M j14 IM, ppil posodoid y ` wit INA s 111 F 111,1111,1a 61jid 11,11,o r r r • r •rr �r� � �r� r .. 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SupI!^8 posodoid I Q Iqkill W I ! ice— •Q R" Do t at I j i I F t; —1--- +---------1I--� M I I I ar �• I I i I i I 2 i i I I I i i I I � x i • t j I i i .-, Ale O FLOOR PLAN Agenda Information Memo July 6, 1999,Eagan City Council B. PRELIMINARY SUBDIVISION (OLSON-BURGER ADDITION)AND PRELIMINARY PLANNED DEVELOPMENT—CARL OLSON AND RICHARD BURGER ACTION TO BE CONSIDERED: • To approve a Preliminary Subdivision(Olson-Burger Addition)to create three lots and one outlot on approximately 33 acres located east and west of I-35 between Yankee Doodle and Lone Oak Roads in the west %i of Section 10. • To approve a Preliminary Planned Development for commercial uses on the 8.8 acres east of I- 35E. FACTS: • The property is currently vacant and is physically divided by the I-35E and Northwood Parkway rights-of-way,but remains a single parcel. The proposed subdivision would legally divide the parcel into three lots east of I-35E and one outlot west of I-35E. There are no plans to develop the land west of 1-35E at this time, and no immediate or concrete plans for development of the three proposed lots. • The 8.8 acres east of I-35E are currently zoned PD,however, conditions in the area have changed considerably since the existing PD was established in 1990 and the owners are now requesting a new Preliminary Planned Development to redefine the uses and set zoning standards and conditions which will govern the development of that portion of the property. No change to the existing R-3 zoning on Outlot A is proposed at this time. • Since the applicants are unable to be more specific about the uses and development details at this time,the Final Planned Development for each lot should be subject to site plan review by the Advisory Planning Commission and City Council. • The Advisory Planning Commission held a public hearing on June 22, 1999 and recommended approval of both the Preliminary Subdivision and Preliminary Planned Development, subject to the conditions listed in the APC minutes. ISSUES: During the public hearing,the applicants objected to the more restricted list of uses suggested by staff and supported by the APC.. The applicants proposed the following uses for the Preliminary PD: "hotel, restaurant(Class I or Class II),retail sales, general office,bank,automotive service and similar use types." Staff suggested a more restricted list of uses which does not include Class II restaurants or automotive service, and which restricts a hotel use to proposed Lot 1,Block 1. ATTACHMENTS: June 22, 1999,APC Minutes,page 0% through RD RD Staff Report,pages�through 10(7 Page 5 n A June 22, 1999 1 ADVISORY PLANNING CONMISSION PRELIMINARY PLANNED DEVELOPMENT & tJ PRELIMINARY SUBDIVISION - CARL OLSON AND RICHARD BURGER Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision of approximately 33.5 acres located east and west of I-35E between Yankee Doodle and Lone Oak Roads in the NW'/4 and SW'/4 of Section 10. A Preliminary Planned Development is also proposed for the 8.8 acres east of I-35E. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated June 17, 1999. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Dudziak highlighted the staffs opinion that Class II restaurants and automotive services should be precluded as uses in the area. Peter Coyle of Larkin, Hoffman law firm, addressed the Commission on behalf of the applicants. Mr. Coyle noted that the application was made in response to the settlement of a condemnation action in connection with the acquisition of right-of-way for Northwood Drive. Mr. Coyle asked the Commission to not limit the commercial uses but to allow the final review of an end use to meet the City's needs at the time of development since there was no immediate plans for the property. Area residents along Marice Drive expressed their concern with the rezoning of the property. It was noted that the commercial zoning was for the property lying east of I-35E and that no change was being made to the land use for the property lying west of Highway 35. Chair Heyl closed the public hearing. Chair Heyl expressed her desire to see the full set of development plans prior to development of each of the parcels. Ms. Dudziak stated that the final planned development for each lot would be subject to review by the Planning Commission and City Council. Chair Heyl expressed her concern with Class II Restaurants and automotive services and suggested that such uses were incompatible with the area. Member Steininger expressed his concern with the use of a preliminary planned development at this point without specific development. Member Steininger was concerned as to the benefits to the City and the control available without specific uses. In response to an inquiry from the Commission, Planner Dudziak noted that Class II Restaurants are normally associated with drive-thru facilities and that automotive services includes items other than the sale of gasoline which could include auto repair. Member Segal expressed his agreement with the Chair that such items were incompatible with the area. Member Anderson moved, Member Steininger seconded, a motion to recommend approval of a Preliminary Subdivision of approximately 33.5 acres located east and west of I-35E I DS Page 6 June 22, 1999 ADVISORY PLANNING CONMSSION between Yankee Doodle and Lone Oak Roads, in the NW'/4 and SW'/4 of Section 10, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, B3, B4, Cl and D1 2. The property shall be platted. Landscaping 3. A detailed landscape plan should be submitted at the time of Final PD for each lot. The landscape plan should comply with the requirements set forth in the City Code. Gradin 4. The applicants shall submit a final grading plan with the final subdivision application. The final grading plan shall be subject to review and approval by the City Engineering staff prior to final subdivision approval. Water Quality 5. A cash dedication in lieu of on-site ponding shall be required for the 3.3-acre portion of the development not treated by on-site ponding and not included in the ponding provided by the Eagan Promenade development. Access/Street Design/Circulation 6. Driveway access for Lot 1, Block 2 should be from Denmark Avenue and not Northwood Parkway. Driveway access for Lot 1, Block 1 should be either aligned with Denmark Avenue or sufficiently offset from Denmark Avenue to minimize traffic conflicts. Easements/Rights-of-Wav/Permits 7. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency at the time of development of the property. Parks and Recreation 8. This development shall be responsible for a cash parks dedication and a cash trails dedication. I �� Page 7 June 22, 1999 ADVISORY PLANNING CONIIvIISSION , All voted in favor, except Member Steininger opposed. Member Anderson moved, Member Frank seconded, a motion to recommend approval of a Preliminary Planned Development of 8.8 acres of the site located east of I-35E, subject to the following conditions: 1. The property shall be platted. 2. A Preliminary Planned Development Agreement shall be executed and shall identify the approved uses and development standards to be applied within this Planned Development. 3. The term of the Preliminary Planned Development shall be five-years. 4. The Preliminary Planned Development allows the following uses: retail, office, banks, and Class 1 restaurants, and a hotel only if located on the proposed Lot 1, Block 1. 5. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement: Site Plan Landscape Plan Building Elevations Signage Plan Site Lighting Plan 6. The following setbacks should apply within this PD: Structure Setbacks: Parking/Pavement Setbacks: 50 feet from a major thoroughfare 20 feet from public right-of-way 30 feet from other public right-of-way 5 feet from side and rear lot lines 10 feet from side and rear lot lines 7. Parking stalls for hotel or retail use shall be 10 feet wide; office and other uses shall provide parking stalls no less than 9 feet in width. All voted in favor, except Steininger opposed. II � PLANNING REPORT CITY OF EAGAN REPORT DATE: June 17, 1999 CASE: 10-PS-13-05-99 APPLICANT: Carl Olson/Richard Burger HEARING DATE: June 22, 1999 PROPERTY OWNER: Carl Olson/Richard Burger PREPARED BY: Pamela Dudziak REQUEST: Preliminary Subdivision Preliminary Planned Development LOCATION: East and West of I-35E between Yankee Doodle and Lone Oak Roads COMPREHENSIVE PLAN: Central Area/D-III Mixed Residential/Parks ZONING: Planned Development/R-3 Residential Townhouse SUMMARY OF REQUEST Carl Olson and Richard Burger are requesting a Preliminary Subdivision of approximately 33.5 acres located east and west of I-35E between Yankee Doodle and Lone Oak Roads in the NW 1/4 and SW 1/4 of Section 10. A Preliminary Planned Development is also proposed for the 8.8 acres east of I-35E. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that"In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. t � I Planning Report—Carl Olson and Richard Burger June 22, 1999 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization"which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the"Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development: Chapter 11.20, Subd. 8,B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; I I �/ Planning Report—Carl Olson and Richard Burger June 22, 1999 Page 3 (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUND/HISTORY The subject property has been impacted by public acquisitions of right-of-way for I-35E and associated storm water ponding, and for Northwood Parkway. These acquisitions physically severed the property, while it remained a single tax parcel. Since 1970, this property was zoned for residential development of townhomes and apartments. Prior to that it was zoned Agriculture. PD zoning was adopted and an Agreement executed in February of 1990 for the eastern portion of the site; the western portion remains zoned R-3 to date. The PD specified limited industrial uses east of I-35E. At that time, the property was landlocked and development was contingent upon development of adjacent property. The construction of Northwood Parkway and Denmark Avenue north of Yankee Doodle Road in the past few years, in conjunction with the development of Eagan Promenade,provided public street access to the site east of I-35E. In 1995, the City amended its Comprehensive Plan by adopting the Central Area Plan for the area centered on Yankee Doodle and Pilot Knob Roads. The Central Area Plan called for a mixed use development, and the incorporation of public and"main street" elements with medium/high density residential and commercial development. Eagan Promenade incorporated both residential and commercial elements and established a development pattern for this portion of the Central Area. EXISTING CONDITIONS The property is currently vacant and is divided by the I-35E and Northwood Parkway rights-of- way. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- West of I-35E: LeMay Lake East of I-35E: U.S. Bulk Mail Facility, zoned I-1 (Limited Industrial), guided IND (Limited Industrial) � � 3 Planning Report—Carl Olson and Richard Burger June 22, 1999 Page 4 South- West of I-35E: Vacant land and I-35E East of I-35E: Eagan Promenade, zoned PD (Planned Development), guided CA (Central Area) East- West of 1-35E: I-35E East of I-35E: Home Depot, zoned PD (Planned Development), guided CA(Central Area) West- West of I-35E: Residential uses,part zoned PD (Planned Development) and developed with single-family homes and guided D-II (Mixed Residential 0-6 units/acre), and part zoned R-4 (Residential Multiple) developed with apartments (Glen Pond) and guided CA(Central Area) East of I-35E: I-35E EVALUATION OF REQUEST Description of Proposal—The Preliminary Subdivision proposes three lots east of I-35E and one outlot west of I-35E. A Preliminary Planned Development consisting of commercial uses is proposed for the three lots east of I-35E. Although specific uses and development plans for each lot are not contemplated at this time, conceptual plans based on the applicant's intended use for the property have been prepared for the three lots for the purposes of evaluating the subdivision and zoning requests. No development is proposed for the outlot at this time. Lots—Lot 1, Block 1, is southeast of Northwood Parkway, and Lots 1 and 2, Block 2 are northwest of Northwood Parkway and west of Denmark Avenue. Outlot A is west of I-35E and is 9.75 acres, not including the area within LeMay Lake. Lot sizes are as follows: Lot 1, Block 1 = 3.29 acres Lot 1, Block 2 = 1.36 acres Lot 2, Block 2 = 1.92 acres Landscaping—Although typically part of a Preliminary Subdivision application, a landscape plan was not submitted with this proposal at this time. A detailed landscape plan should be submitted with the Final PD for each lot. The landscape plan should comply with the requirements set forth in the City Code. Grading—The topography is level to gently rolling and open. Lot 1, Block 1 has been graded with previous development in the area. No grading is proposed with this Preliminary Subdivision. A final grading plan will be required as part of the final subdivision application and will be subject to review and approval by the City Engineering Staff prior final subdivision approval. Storm Drainage— Storm sewer was provided to Lot 1, Block 1 as part of the Northwood Parkway project in 1996. Lots 1 and 2, Block 2 drain to Pond DP-27 as designated in the City Storm Water Management Plan dated 1990. Outlot A drains to LeMay Lake. II I Planning Report—Carl Olson and Richard Burger June 22, 1999 Page 5 Water Quality/Wetlands—This development is located in Drainage Basin D in north-central Eagan. The 8.8 acres being developed will generate runoff that will be discharged to DP-4.1, which is classified as a stormwater pond in the City's water quality management plan. Pond DP- 4.1 in turn discharges through a series of several ponds and lakes to LeMay Lake, which is classified as a Class I water body in the City's water quality management plan. The water quality mitigation requirement for Lot 1, Block 1, and Northwood Parkway, a total area of about 5.5 acres, has already been met as part of the Eagan Promenade development. Runoff from Lots 1 and 2, Block 2, will flow to Pond DP-27. A cash dedication in lieu of on-site ponding is recommended for Lots 1 and 2, Block 2. The estimated amount of the required cash dedication based on a proposed commercial development for this 3.3 acres is anticipated to be about$15,000. There are no jurisdictional wetlands within the development parcel. Utilities—Sanitary sewer and water main are available for Lot 1, Block 1 from the Eagan Promenade development to the south. Sanitary sewer and water main are available from Denmark Avenue for Lots 1 and 2, Block 2. Sanitary sewer and water service are available from Marice Drive for future development of Outlot A. Access/Street Design/Circulation—Public street access is available from Northwood Parkway for Lot 1, Block 1, and from Denmark Avenue for Lots 1 and 2, Block 2. Public street access for Outlot A is available from Marice Drive. Driveway access for Lot 1,Block 2, should be from Denmark Avenue and not Northwood Parkway. Driveway access for Lot 1, Block 1 should be either aligned with Denmark Avenue or sufficiently offset from Denmark Avenue to minimize traffic conflicts. Easements/Rights of Way/Permits—This development should be responsible for the acquisition of all regulatory agency permits required by the affected agency at the time of development of the property. Tree Preservation—Because the eastern portion of the site was previously graded, and the western portion is not proposed for development at this time, there are no tree preservation issues with this proposal. Parks and Recreation- This development shall be responsible for a cash parks dedication and a cash trails dedication. Preliminary Planned Development: Conditions in this area have changed considerably since the existing PD was established in 1990. The development of Eagan Promenade and Home Depot, construction of new streets and rezoning of adjacent property have all occurred since the initial PD Agreement was executed in I I � Planning Report—Carl Olson and Richard Burger June 22, 1999 Page 6 1990. Consequently, the owners are requesting a new Preliminary Planned Development to redefine the uses and set zoning standards and conditions which will govern the development of the 8.8 acres east of I-35E. The proposed Preliminary Planned Development should be evaluated with consideration given to surrounding development which has already occurred, as well as to the policies and plans that have been adopted by the City. At this time the existing R-3 zoning is proposed to remain unchanged for the portion of property west of I-35E. For this reason, the evaluation and analysis in this report focuses on the eastern portion of the site. Compatibility with Surrounding Area—The applicant proposes commercial uses for the Preliminary Planned Development and in general, commercial uses would be compatible with the surrounding area. The specific uses proposed by the applicant are "hotel,restaurant (Class I or Class II), retail sales, general office, bank, automotive service and similar use types," all of which are either permitted or conditional within the CSC (Community Shopping Center) zoning district. One purpose of the Preliminary PD is to establish acceptable uses and parameters for development of the site. Based on the applicants' proposal and the surrounding development, staff suggests a slightly more restricted list of allowable uses: retail, general office,bank, Class 1 restaurant, and hotel if located on the proposed Lot 1, Block 1. The Final Planned Development for each lot should be subject to site plan review by the Advisory Planning Commission and City Council. Term— Staff suggests a five-year term for the Preliminary Planned Development. Densi /Parking—The conceptual plans show office buildings on Lots 1 and 2, Block 2, and a hotel on Lot 1, Block 1. With 114 parking stalls, the proposed development on Lot 1, Block 1 suggests a 101-room hotel. The final use and intensity for each lot will be determined by the amount of parking that can be provided to support it. As presented, the applicants are proposing 9-foot wide parking stalls, which the City has found acceptable for office uses,but the city has required 10-foot wide stalls for hotels because of turnover and the need for more width for maneuvering luggage in and out of vehicles. In a few cases, stalls less than 10 feet wide have recently been approved for some hotels, Sleep Inn has 9-1/2 foot wide stalls and Homestead Village has 9-foot wide stalls. Other development standards for the CSC district and elsewhere in the City Code should apply to this PD (such as building height and lot coverage maximums, landscape requirements, signage standards, etc.). Setbacks—Using the CSC zoning district as a guide, the following setbacks should apply within this PD: Planning Report—Carl Olson and Richard Burger June 22, 1999 Page 7 Structure Setbacks: Parking/Pavement Setbacks: 50 feet from a major thoroughfare 20 feet from public right-of-way 30 feet from other public right-of-way 5 feet from side and rear lot lines 10 feet from side and rear lot lines SUMMARY/CONCLUSION The applicants are proposing a Preliminary Subdivision of 33.5 acres to create three lots and one outlot, and a Preliminary Planned Development of 8.8 acres. The proposed subdivision creates three lots east of I-35E and one outlot west of I-35E; no development is proposed west of I-35E at this time. The Preliminary Planned Development for the 8.8 acres east of I-35E is proposed to be commercial uses generally consistent with the CSC zoning district. Since the applicants are unable to be more specific in the proposed uses at this time, plans for the Final PD for each lot should be subject to APC and City Council review. ACTION TO BE CONSIDERED A. To recommend approval of a Preliminary Subdivision of approximately 33.5 acres located east and west of I-35E between Yankee Doodle and Lone Oak Roads in the NW 1/4 and SW 1/4 of Section 10. Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, B3, B4, Cl, D1 2. The property shall be platted. Landscaping 3. A detailed landscape plan should be submitted at the time of Final PD for each lot. The landscape plan should comply with the requirements set forth in the City Code. Grading 4. The applicants shall submit a final grading plan with the final subdivision application. The final grading plan shall be subject to review and approval by the City Engineering staff prior to final subdivision approval. II � Planning Report—Carl Olson and Richard Burger June 22, 1999 Page 8 Water Ouality 5. A cash dedication in lieu of on-site ponding shall be required for the 3.3-acre portion of the development not treated by on-site ponding and not included in the ponding provided by the Eagan Promenade development. Access/Street Design/Circulation 6. Driveway access for Lot 1,Block 2 should be from Denmark Avenue and not Northwood Parkway. Driveway access for Lot 1, Block 1 should be either aligned with Denmark Avenue or sufficiently offset from Denmark Avenue to minimize traffic conflicts. Easements/Rights-of-Way/Permits 7. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency at the time of development of the property. Parks and Recreation 8. This development shall be responsible for a cash parks dedication and a cash trails dedication. B. To recommend approval of a Preliminary Planned Development of 8.8 acres of the site located east of I-35E. 1. The property shall be platted. 2. A Preliminary Planned Development Agreement shall be executed and shall identify the approved uses and development standards to be applied within this Planned Development. 3. The term of the Preliminary Planned Development shall be five-years. 4. The Preliminary Planned Development allows the following uses: retail, office, banks, and Class 1 restaurants, and a hotel only if located on the proposed Lot 1, Block 1. 5. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement: • Site Plan • Landscape Plan • Building Elevations • Signage Plan • Site Lighting Plan I� Planning Report—Carl Olson and Richard Burger June 22, 1999 Page 9 6. The following setbacks should apply within this PD: Structure Setbacks: Parking/Pavement Setbacks: 50 feet from a major thoroughfare 20 feet from public right-of-way 30 feet from other public right-of-way 5 feet from side and rear lot lines 10 feet from side and rear lot lines 7. Parking stalls for hotel or retail use shall be 10 feet wide; office and other uses shall provide parking stalls no less than 9 feet in width. II � STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. 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. I ZV 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 ( ZI FINANCIAL OBLIGATION—OLSON BURGER ADDITION There are pay-off balances of special assessments totaling $7,945 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are pending assessments that total $290,139 on the parcel proposed for platting. These pending assessments are related to Project 694,Northwood Parkway Extension. Project 770, Denmark Avenue Extension is being considered as a public improvement. The Public Hearing is scheduled for July 6, 1999. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk C/I .042/Sq. Ft. 286,578 Sq. Ft. $12,036 Water Availability Charge C/I $3,030/Ac 6.57 Ac 19,907 TOTAL $31,943 ligan Boundary Location Map Street Centerline Parcel Area ®building Footprint W . ' 40 as 4 • ir I IF B Sub'ect Site • 6 / 4 . Sub'ect e. °e � • M Y � ~�4f a ' ■ FV , mile L�LL1J ■ A. ILP 1000 0 ,000 2000 Feet Development/Developer: Olson-Berger Addition Application: Preliminary Subdivision and Preliminary PD Case No.: 10-PS-13-05-99 and 10-PD-02-05-99 TMsp Prepared using Efi9 hcVfew 31.Partd base rtap in(orrrrafbn provided N y Dakata Courcy Lard Survey Depertrrert and is urrert as d AAI 1999. City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY E Community Dorelopmont Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for errors or omissions. Zoning and Comprehensive Guide Plan Olson-Berger Addition Land Use Map 10-PS-13-05-99 and 10-PD-02-05-99 Zoning Map ® WAT PD R•1 Nt Current Zoning: R•7 A R-3 R•4 Residential Townhouse 3 OF PD a N6 PD Planned Development $ PD i t a Ls �e PD PD see • aN 12" F•se PD Comprehensive Guide Plan ® L6 Land Use Map wAT P o-m Current Land Use Designation: CA $ CA CA CA Central Area e = a � D-111 p` Residential Mixed (6-12 units/acre) CA •N • aN tfN /e« p.rc«wa maF t-twnnanon p,o.aw by o.kwa County i..se s-..r o.ra.rn.■e 4+s+ss. N zoning InMrmadon provided by Lawrence group 19•4 and updabd by city sluff. 410�city of Eagan W+ E 2, THIS MAP IS INTENDED FOR REFERENCE USE ONLY Corwz"tyD"aprnentDepa-Rant The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S /.far1 � .+e f1.�C 0• a a a is 77?77777�77� �mli;if#i• :1: 1:1 311i . 1. S;•ii c. cl) 1 Y 8 wan/ a Q v / 1 ddSl G Lam/ �I T - JI' tan 4- i - f R• N' w - 3 EXISTING CONDITIONS , � as .I e..•oo• BLit 117T i O I • Int 1 � _ �• r ..;-- - � Z i =s. IL m O 0 b � o ,rdn t / � � "► O rt � ip 04' : yr I I'S 4 t Z-V - - ` y + ! . 111 5m g! a.� ;il'll .II ;I Itl rii ;� ! ie�? :y Z y = .•i ' �a�P PRELIMINARY PLAT { r.n o :: - i3►1i;�� J23 :s: s:: 111Ji �S A '1St•- _• si � � 1 :. C:yj m Nam a r! — att�i dY =3 - 3f atvu•• anm q t• ��I �IIII ��If rl lad PRELIM. SITE PLAN 8 as r.�f nse. � n ( (LAST) / to i —•,�- �:: ,+�— 6 1 •, v ti A: (.rsr, M Y . R / l 7 / / � -:,,.,r:bw w. : . .war,..- !'s •y �,1 1;59 �. PRELIM. SITE PL N ' � a� ;!I ji!i .. ... .. ....t O�S um) .............. -70-—--—--—- KA-.� IK Eli' 5 ie L Co Jd w Sz cc m C3, OW CD uj4 �j 0 LARKIN, HOFFMAN, DALY& LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORWEST FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON,MINNESOTA 55431-1194 PETER J.COYLE,ESQ. TELEPHONE(612)835-3800 DIR.DIAL(612)896-3214 FAX(612)896-3333 E-MAIL: pcoyleC hdl.com May 18, 1999 Ms. Pam Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Olson-Burger Addition/Preliminary Planned Development Dear Pam: Enclosed herewith for filing with the City of Eagan, Minnesota(the City),please find the completed Development Application and supporting plans and documentation relating to the preliminary planned development and preliminary subdivision for the proposed Olson-Burger Addition in the City. Pursuant to a settlement agreement entered into between the City and Richard Burger and Carl Olson, the City has agreed to use its best efforts to approve a preliminary, subdivision and commercial planned development relating to the Olson-Burger Addition. The enclosed plans contemplate using the property within the proposed Olson-Burger Addition for commercial development, in accordance with the Comprehensive Plan (Central Area Plan) for the City. Specifically, the applicants are seeking PUD rights which would, based on further City review and approval, allow development of the following use types: hotel, restaurant(Class I or Class II),retail sales, general office, bank, automotive service, and similar use types. The proposed land uses within are compatible with existing commercial developments in the immediate vicinity of the Olson-Burger Addition. Given the preliminary nature of the approvals sought, we have supplied the City with generic information relating to a hotel/office concept development on the property platted as lots on the east side of I-35E. We have not, at this time, prepared detailed plans and specifications documenting grading and drainage, erosion control, landscaping, etc., due to the uncertainty of the actual uses contemplated for the Olson-Burger property. The parcel situated on the west side of I-35E is proposed to be platted as an outlot, inasmuch as the development plans for that property are uncertain at this time. The applicants acknowledge that future uses of some or all of the property within the Olson-Burger Addition will require submittal of more detailed plans and specifications for review and approval by the City. LARKIN, HOFFMAN, DALY& LINDGREN, LTD. Ms. Pam Dudziak, Planner May 20, 1999 Page 2 Please call me if you have any questions. S' erely, T Peter J. Coyle, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. Enclosures 0490957.01 y - 131 Agenda Information Memo July 6, 1999 Eagan City Council Meeting C PROJECT 694, NORTHWOOD PARKWAY- LAND ACQUISITION ACTION TO BE CONSIDERED: Approve the agreement for the land and easement acquisition from the Olson Burger group for Northwood Parkway under Project 694 and authorize the Mayor and City Clerk to execute all related agreements. FACTS: • Project 694 provided for the construction of Northwood Parkway, part of which traversed Parcel 10-0100-010-57 owned by the Olson/Burger Group located east of I- 35E and north of Eagan Promenade. The City had to proceed with acquisition through eminent domain(condemnation). As a result of this process, a stipulation for a settlement agreement was reached through the trial court proceedings. The City was able to negotiate an equitable and satisfactory acquisition agreement which included compensation for all permanent, temporary and construction easements as well as interest from the date of taking. It also included an agreement for the land owner to accept the pending assessments for the related public improvements under Project 664 subject to the property being reguided. This land use change is scheduled for Council consideration earlier on this agenda. This agreement has been reviewed by the City Attorney's office and the Public Works Department and found to be in order for favorable Council action. Iia Agenda Information Memo July 6, 1999, Eagan City Council D. PRELIMINARY PLANNED DEVELOPMENT—LAWRENCE WENZEL (GLEN POND APARTMENTS) ACTION TO BE CONSIDERED: • To approve a Preliminary Planned Development for an expansion of the Glen Pond Apartment complex to construct five 60-unit apartment buildings on property located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW '/<of Section 10. FACTS: • The Planned Development zoning is requested to allow multiple buildings on a single parcel and to allow flexibility with the site design. The proposed density of 300 units on 10.94 acres is 27.4 units per acre. Based on the unit mix and building design,the minimum lot area required by the City Code would be 19.13 acres; the site is 10.94 acres in area. • There are several deficiencies in the development plans submitted that are outlined in the staff report. These include missing information on some of the plans,missing plans(tree preservation,wetland inventory and photometric lighting plan),and a failure to address deviations to the code standards such as minimum recreation and required storage areas. Perhaps the largest omission is the failure of the plans to accommodate a right-of-way corridor for the future Ring Road, according to the Concept Plan approved by the City in 1994. • The proposed Preliminary PD also includes deviations to exceed the maximum 20%building coverage, for building height in excess of 35 feet,and to provide less than the minimum required lot area for the proposed mix of units and type of buildings. • The Advisory Planning Commission held a public hearing on June 22, 1999 and failed to recommend approval of the Preliminary Planned Development,primarily because of the deficiencies in the development plans. ISSUES: The primary issue is that the development plans do not include provisions for alignment of the future Ring Road through this site. Additionally,the Advisory Planning Commission was concerned with the density issue and believed that the plans submitted were insufficient to ensure a thorough evaluation of the development proposal. ATTACHMENTS: 'pages M g 13/ June 22 1999 APC Minutes a throu h "J Staff Report,pages through�J�� Page 8 June 22, 1999 1� ADVISORY PLANNING CONMESSION ' ! a, V .J PRELIMINARY PLANNED DEVELOPMENT i LARRY WENZEL Chair Heyl opened the next public hearing of the evening regarding a Preliminary Planned Development for an expansion of the Glen Pond Apartment complex to construct a five 60-unit apartment building on property located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW'/4 of Section 10. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated June 18, 1999. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Dudziak noted that the submitted development plans are incomplete with information missing or insufficient to ensure a thorough evaluation. Ms. Dudziak additionally noted that the applicant's proposal does not take into account the extension of the Ring Road. Charles Carpenter, an attorney with the Fabyanske law firm, representing the applicant addressed the Commission. Mr. Carpenter stated that the proposal was an expansion of the existing Glen Pond project with a similar density. Mr. Carpenter noted that additional information was necessary, but that such information could be provided throughout the planning process. Mr. Carpenter further noted his client's disagreement with the conditions recited in the staff report. Mr. Carpenter submitted a letter to the Commission from Dennis J. Trooien, an attorney with the Fabyanske law firm, which letter addressed the apartment plan and mapping of the Ring Road. Chair Heyl questioned the ability to make a recommendation to the Council when there existed so many open issues and missing information. The Chair noted the applicant's failure to provide the full amount of recreational area and density requirements; the failure to provide elements of the grading plan beyond the boundary of the applicant's property; the failure to provide a wetland plan; failure to provide a tree inventory and a tree preservation plan; the failure to provide a landscape plan signed by a registered landscape architect; failure to provide evidence that the storage space requirement of the City Code has been met; and failure to provide a lighting plan. Mr. Carpenter reiterated that while some of the plans need more detail, these could be submitted later to fit into the planning process. Another representative of the applicant, Mr. Dick Krum, explained that the proposal would incorporate some of the amenities from the first phase, such as a community building. Several residents spoke of concerns to the Commission, particularly with respect to the applicant's request to vary some of the Code requirements. The concerns over traffic and safety and in particular the amount of increased traffic as a result of the establishment of the City's restaurant and senior housing. One resident asked that the Commission examine the traffic patterns in the area and the limited amount of access from the area to Pilot Knob Road, together with the difficulty of making left-hand turns on to Pilot Knob Road, Chair Heyl closed the public hearing. L �`� Page 9 June 22, 1999 ADVISORY PLANNING CONMSSION - Member Huusko expressed his concern over the density and did not believe that the proposal was similar to Phase 1. Member Huusko stated that there was too many units being proposed for the site and not enough recreational area. Several Members echoed Mr. Huusko's concerns and additionally noted the failure to provide sufficient information for evaluation. Chair Heyl inquired if the applicant was willing to request that the matter be continued. Mr. Carpenter stated that they would not ask for the continuance but would not object to a continuance. Member Anderson moved, Member Huusko seconded, a motion to recommend approval of a Preliminary Planned Development for a five-building, 300 unit apartment complex on property located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW'/4 of Section 10. All voted against. Chair Heyl and other Members of the Commission explained that the information was insufficient to find that the proposed plan was a good project. Several Members discussed the vote to not recommend approval in light of a decision to continue the matter to a later meeting. Member Segal moved, Member Frank seconded, to reconsider the previous vote. Following further discussion, Member Segal withdrew his motion. I PLANNING REPORT CITY OF EAGAN REPORT DATE: June 18, 1999 CASE: 10-PD-01-05-99 APPLICANT: Lawrence Wenzel HEARING DATE: June 22, 1999 (Glen Pond Apartments) PROPERTY OWNER: Lawrence Wenzel PREPARED BY: Pamela Dudziak REQUEST: Preliminary Planned Development LOCATION: East of Pilot Knob Road north of Marice Drive COMPREHENSIVE PLAN: CA, Central Area ZONING: R-4, Residential Multiple SUMMARY OF REQUEST Larry Wenzel is requesting a approval of a Preliminary Planned Development for an expansion of the Glen Pond Apartment complex to construct five 60-unit apartment buildings on property located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW '/a of Section 10. AUTHORITY FOR REVIEW Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." Planning Report—Lawrence Wenzel (Glen Pond Apartments) June 22, 1999 Page 2 BACKGROUND/HISTORY The site is located east of Pilot Knob Road and north of Marice Drive. Effress Addition was platted in 1970 and the property is 10.94 acres in area. The existing Glen Pond Apartments were constructed in 1974 and contains 297 units (186 one-bedroom, 108 two-bedroom, and 3 efficiency units.) One existing apartment building and the community building/pool were constructed on a portion of Lot 1, Block 2, Effress Addition. EXISTING CONDITIONS The site is wooded and appears to primarily consist of softwood deciduous trees. There is little variation in topography. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Glen Pond Apartments zoned R-4 (Residential Multiple), guided CA(Central Area) South- Marice Manor/Sidney's zoned LB (Limited Business), guided CA East - Vacant zoned NB (Neighborhood Business) and GB (General Business), guided CA West - Lockheed Martin zoned RD (Research and Development), guided CA EVALUATION OF REQUEST Description of Proposal - The applicant is proposing to build five three-story apartment buildings on the site as an extension of the Glen Pond Apartment complex. The existing zoning for the property is R-4 Multiple Residential) in which apartments are a permitted use. The Preliminary Planned Development zoning is requested to allow multiple buildings on a single parcel and to allow flexibility with the site design. The development is proposed to have half of the required parking underground, and the other half would be surface parking. The new parking is proposed to tie into the existing parking lot south of High Site Drive, and the development proposes to utilize the same driveway accesses to High Site Drive. Compatibility with Surrounding Area—The site is located between the existing Glen Pond Apartments and Marice Manor, a senior assisted living apartment. This property has been zoned for multiple residential development for 30 years. The City's Central Area Plan adopted in 1995 calls for development of mixed uses including medium-to high-density residential development. Densi - The proposed density of 300 units on 10.94 acres is 27.4 units per acre. Although the City does allow apartment densities over 12 units per acre, a minimum lot area is still required and is based on the unit mix and type of buildings. The lot area requirements are discussed in greater detail in the following section of this report. Planning Report—Lawrence Wenzel (Glen Pond Apartments) June 22, 1999 Page 3 Building coverage is shown at 22.7%which exceeds the Code standard of a maximum of 20%, however, this deviation can be approved as part of the PD if the Advisory Planning Commission and City Council find it appropriate. Lots—The development is proposed to occur on a single lot. The parcel should be replatted since the lot appears to have been previously split for the construction of one apartment building and the community building on a portion of the property,but it was not replatted at that time. Based on the matrix in the City Code, the required lot area for the proposed development is as shown below. The Code provides that the required lot area can be reduced by 300 square feet for each unit served by underground garage. Since 300 underground parking stalls are proposed, this reduction in required lot area has already been accounted for in the table below. REQUIRED TOTAL TOTAL LOT AREA REQUIRED SITE TYPE OF UNIT # OF UNITS PER UNIT LOT AREA AREA Efficiency 45 2,420 sq. ft. 108,900 sq. ft. 1-Bedroom 105 2,600 sq. ft. 273,000 sq. ft. 2-Bedroom 125 2,800 sq. ft. 350,000 sq. ft. 3 Bedroom 25 4,060 sq. ft. 101,500 sq. ft. 833,400 sq. ft 476,546 sq. ft. TOTALS 300 19.13 acres 10.94 acres These figures demonstrate a significant deviation from the required lot area. The plans should be revised to decrease the number of units and/or modify the mix of unit types to more closely satisfy the lot area requirements. Recreation area is required in the amount of 200 square feet for each unit containing two or fewer bedrooms, and an additional 100 square feet for each three-bedroom unit. Given the proposed 300 units, this calculates to about 62,500 square feet of recreation area. The recreation area must be located at least 100 feet from any ponding area. The plans show a"recreational open space" in the center of the site that amounts to about 13,000 square feet. The plans should be revised to provide the full amount of required recreation area and the calculations to document satisfaction of this standard. Setbacks—The City Code requires minimum setbacks of 50 feet from public right-of-way, and 30 feet in side and rear yards. Since there are no property lines between the buildings within this proposed PD, the minimum 30-foot side yard setback applies to the distance between the structures and the distance of structures from the perimeter lot lines of the site not abutting a public right-of-way. Parking lots require a minimum 20-foot setback from the public right-of- way. These setbacks appear to be satisfied with the proposed plan. I ✓� Planning Report—Lawrence Wenzel (Glen Pond Apartments) June 22, 1999 Page 4 Grading—The existing site has relatively little variation in topography. The preliminary grading plan submitted with the application does not show existing grades beyond the boundary of the site, making it difficult to evaluate the plan's adequacy and its impact to surrounding properties and streets. If this planned development is approved as submitted, the final grading plan should include grade contour information within 200 feet surrounding the site. Storm Drainage - Storm water runoff from the development would drain to the west via an on- site storm sewer system to a wetland (Pond CP-5 as designated in the City Storm Water Management Plan— 1990) along the west edge of the property. Wetlands/Water Ouality- This development is located in Drainage Basin C in north-central Eagan. The development will generate runoff that will be discharged to Pond CP-5, a 1.8-acre pond designated as a sediment basin in the City's Water Quality Management Plan. Pond CP-5 in turn discharges through a series of storm water ponds to CP-9 (Gravel Pit Lake), which is classified as a recreational waterbody in the City's Water Quality Management Plan, located in the Minnesota River Valley. There is one recreational classified water body downstream of the proposed development. There is at least one jurisdictional wetland within the development area, however, no wetland survey for this site has been submitted. Likewise, no grading or conceptual plan for ponding was included in this proposal. The development should meet its water quality mitigation requirement entirely through on-site ponding. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of any wetlands be preserved. No filling or draining of any wetlands should occur. The plans will need to be revised to provide for sufficient ponding area for storm water treatment, and to identify the wetland, avoid disturbance or filling of the wetland and provide a 30-foot ungraded and unmaintained buffer around the wetland. Based on the submitted plans, this development involves an impervious area of about 50%. Treatment ponds should be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least .43 acres and 1.2 acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basins and the discharge pipes from the detention basins should be extended to the NWL of Pond CP-5. Utilities - Sanitary sewer and water main are available within Marice Drive for connection by this development. The proposed internal water service system should be looped(connected in two places) to the water main system within Marice Drive. Also, fire hydrants, spaced in accordance with City standards, should be provided within the development. Access/Street Design -.The City is currently proposing to preserve a right-of-way corridor through official mapping to accommodate the future extension of Northwood Parkway from Denmark Avenue across 1-35E to Pilot Knob Road. This extension is in accordance with the Ring Road Concept Plan adopted by the City Council in 1994 to provide options to alleviate traffic congestion at the Yankee Doodle Road and Pilot Knob Road intersection. Planning Report—Lawrence Wenzel (Glen Pond Apartments) June 22, 1999 Page 5 The proposed alignment of the Northwood Parkway right-of-way, under the Ring Road Concept, bisects this site. The site plan submitted with this application does not account for the proposed right-of-way mapping. The City Council has directed that the Official Map of this corridor be reviewed by the Advisory Planning Commission at the June 22, 1999 meeting, and to be considered at a formal public hearing at the City Council meeting scheduled for July 6, 1999. Should the City Council approve the official map, the developer should resubmit the site plan to accommodate the right-of-way for Northwood Parkway. Easements/Rights of Way/Permits - This development should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building permit approval. Tree Preservation—A Tree Inventory has not been submitted so we are unable to evaluate the proposal for compliance with the City's Tree Preservation ordinance. Based on the grading plan, nearly all of the site is proposed to be disturbed. The applicant should comply with the city's Tree Preservation Ordinance. To determine compliance,the applicant will need to submit a tree inventory and preservation plan, for review by the City Forester. Parks and Recreation—This development is responsible for a cash parks dedication and a cash trails dedication. The 1999 dedication rates for multiple residential development $837.00 per unit for parks and $163.00 per unit for trails. Landscaping—The landscape plan appears to meet the intent of the ordinance to screen parking areas from the public right-of-way, and provide landscaped parking lot islands. For the most part,parking lots are located toward the center of the site where they are least visible from the public right-of-way. Foundation plantings are proposed at building entrances, and deciduous trees are included around buildings. A mix of evergreen and deciduous trees are provided around the perimeter of the site for screening as a buffer from the public right-of-way. Automatic irrigation is required and the landscape plan should be revised to note that. The landscape plan also was not signed by the person who prepared it,which is required to be a registered landscape architect or certified nurseryperson. Building Elevations/Architecture- The buildings are proposed to be three stories in height, and about 40 feet in height measured from grade to highest roof peak. This exceeds the City Code standard of 35 feet, but such a deviation from typical standards may be approved as part of the Planned Development. Exterior materials are proposed to be brick with aluminum siding, and fiberglass shingles. Colors of materials were not indicated. The building elevations show materials on just one elevation,but all exterior surfaces should be treated as a front and with the same architectural materials. Storage Space—The floor plans show a tenant storage area,but calculations showing storage space relative to the number of units was not provided. The City Code requires a minimum of 150 cubic feet of storage be provided for each unit, exclusive of storage space within each lqv Planning Report—Lawrence Wenzel (Glen Pond Apartments) June 22, 1999 Page 6 dwelling unit. Such storage space may not be provided in a garage. The applicant should provide the information necessary to confirm that the standard for minimum storage space is being satisfied. Li htin —Parking lot lighting is noted'to be shoebox style fixtures on poles 20 feet in height. Additional sidewalk and yard lighting is to be globe fixtures on 12 foot poles. A photometric lighting plan was not submitted, so compliance with code requirements cannot be determined. The City Code requires that site lighting be provided for security, safety and traffic circulation. Such lighting should not be directed upon public rights-of-way or adjacent properties and such illumination should be indirect and diffused. Final plans should include a photometric site lighting plan which shows the footcandle levels of lighting at the property boundaries and compliance with the performance standards in the City Code. Trash Storage—No provision is shown for trash dumpsters. Any outside storage of trash and recyclables must be within proper containers and the containers must be located within an enclosure which meets City Code standards. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Planned Development for a five-building 300-unit apartment complex. The use appears compatible with surrounding development, however, the development plans submitted are incomplete,with information missing or insufficient to ensure thorough evaluation. The grading plan does not include contours beyond the site boundaries,no tree inventory or wetland delineation was provided, and a photometric site lighting was not provided. The plans will require changes to accommodate on-site storm water ponding and provide the required recreation area, and additional modifications will be needed to satisfy the lot area requirements. Nearly the entire site is proposed to be graded,but without a tree inventory and preservation plan, mitigation requirements cannot be evaluated. And perhaps most significantly, the development plans do not include provisions for alignment of the future Ring Road through this site. Several deviations from typical code standards are included in this proposal such as building coverage over 20%,building height over 35 feet, lot area not meeting the required minimum for the proposed unit mix, and recreation area not satisfying the minimum required for this number of units. ACTION TO BE CONSIDERED To approve a Preliminary Planned Development for a five-building, 300 unit apartment complex on property located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW '/4 of Section 10. If approved, the following conditions should apply: 141 Planning Report—Lawrence Wenzel (Glen Pond Apartments) June 22, 1999 Page 7 Platting 1. The property shall be replatted. Site Plan 2. The plans shall be revised to decrease the number of units and/or modify the mix of unit types to more closely satisfy the lot area requirements. 3. The plans shall be revised to provide the full amount of required recreation area and the calculations to document satisfaction of the City Code standard. Gradin 4. A final grading plan shall be submitted which includes grade contour information within 200 feet surrounding the site. Water Quality 5. The development should meet its water quality mitigation requirement entirely through on- site ponding. The plans shall be revised to provide for sufficient ponding area for storm water treatment. Treatment ponds should be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least .43 acres and 1.2 acre-feet,respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basins and the discharge pipes from the detention basins should be extended to the NWL of Pond CP-5. 6. The plans shall be revised to identify the wetland, and to avoid any filling or draining of any wetlands. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of any wetlands also shall be preserved. Utilities 7. The proposed internal water service system shall be looped (connected in two places) to the water main system within Marice Drive. 8. Fire hydrants, spaced in accordance with City standards, should be provided within the development. Access/Street Design- 9. Should the City Council approve the official map, the developer shall resubmit the site plan to accommodate the right-of-way for Northwood Parkway. I qZ1 Planning Report—Lawrence Wenzel (Glen Pond Apartments) June 22, 1999 Page 8 Easements/Rights-of-Way/Permits 10. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building permit approval. 11. The applicant shall comply with the city's Tree Preservation Ordinance. To determine compliance, the applicant will need to submit a tree inventory and preservation plan, for review by the City Forester. Parks and Recreation 12. This development is responsible for a cash parks dedication and a cash trails dedication. Landscaping 13. The landscape plan shall be revised to note that automatic irrigation will be provided for all landscaped areas. The final landscape plan shall be prepared and signed by a registered landscape architect or certified nurseryperson. Building Elevations/Architecture 14. Exterior materials are shall be brick with aluminum siding and fiberglass shingles as shown in the building elevations dated 4/26/99. All exterior surfaces of each building shall be treated as a front and with the same architectural materials. Storage Space 15. The applicant shall provide to the City the information necessary to confirm that the standard for minimum storage space per unit is being satisfied. Lighting 16. Final plans shall include a photometric site lighting plan which shows the footcandle levels of lighting at the property boundaries. Such lighting shall comply with the performance standards in the City Code. Trash Storage 17. Any outside storage of trash and recyclables must be within proper containers and the containers must be located within an enclosure which meets City Code standards. 10 Eagan Boundary Location Map Street l Area n. Parcel A ®Building Footprint } bg S ■ 1 ■ t� 4 Sub-ect Site Y Q 7 - • �r. � it�a t�� a A �" lot � - �I ■ L�LSU t• TOM 1000 0 1000 2000 Feet Development/Developer: Glen Pond 2nd Application: Preliminary PD Case No.: 10-PD-01-05-99 Nip Prep.red using ER9 OrsVIsw 11.Parcel base nap Irtunratlon provided N by as of April City of Eagan /r THIS MAP IS NTE D D�FOR REFEREand Is NCE USE ONLY E Cemmur ty D—Mopnent Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for errors or omissions. Zoning and Comprehensive Guide Plan Glen Pond 2nd Land Use Map 10-PD-01-05-99 Zoning Map R-1 RJ A Current Zoning: R-4 R-4 RD a* e Residential Multiple N PD A� alta � I Ls RD Gs PD PD )Q a ROA tN a 04a 1204 Feat F \may ' z7—n r—TDT--n r Comprehensive Guide Plan CA U JA 11 wAT Land Use Map P o-m wAT CA CA Current Land Use Designation: Y �I J CA a �. Central Area cw CA CA Na a 046 1204 Feat _ • r Pareal be"taap hdannatloe pooldad by Dakota County lead survey Deparbeattt NSAs. N Zoning lef-eon paytdad by I.awraaca Oroup 1a04 and updated by Cray sten. 410�city of Eagan 2E �/ / THIS MAP IS INTENDED FOR REFERENCE USE ONLY w �ty �n�Ibi F The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S I � �t� � � � � � � ��( S ` !3cTi,i•� ��1 1 �!i iIt(1!� � i CD C n -PILOT KNOB FOAD t� � t CD > { sO t N S O Ilk o - 5 i �•• 16 F 'Z CD 1p 1 f .0 k z ;o i F � v V c .I A o nr � [1•: rr1 +y� t• � fir,�� i Y_..• t I.. 7 \ f �( \ � !��• R E t• c �� P c.o n l i1-t ti ( o�I✓E' itif •� a It j ,+xt t It/t • ( u 1 } f 1[t jlt�-irt� �.l-...__ __ _ _- '�1 . ...•��� ,,. ,o I i ! t!J! }, i't� , ���i p p F I. i' i I i.� +� r rt:•-••r iii. t ,� 1 I't! { t J j.i } i {I�t f• ri:iC l,i.L � ([ xr a_ ( j t I :it � ( ,t�ti'1! �t r r���4i,� t }r` (!tj{�C •�t}r i I r llrir ,• ( i r� # i J!l{ti ( HIM ; i t i !���;t ' `� fit, • ► i t � l.�t }• 4rr•� ! I- `� � }• � � (-i ���]HIM, ! ! 11i �� , '� r ►•c rrt t�� It�•t i la t( ( e ,,. � itj ,� }} , '1� ;� :(► Rri �•r�it( •} i;�hl �,�-i ! i�, t1=�:-1= =1i' ��' - �� ! �}, I f t f( t r!I(! ,t,�If ..Ft l � {�,•t r�•t� r�I .i. rl (- I• i t ►�I!�� 1 ',� r fi :t(j: t�l3i,{�. Ittlj��IP. rij. I c , !ri (F . R t 1 �.rt } I�t t 11°'l� ! F;( ii; �'[ r , lll��lrr�R�`•i Erti �l�rrttS���tl[ iJill IttliE ;;� t,•:tF�t� t},t�: ft !tl EXISTING CONDITIONS i PLOT MMW ROAD > 1 F D i � F M w \ \�� \ •".' —� �� i dill... � �\ A r ofill 77 �1 FTI 1 y IttT 10 JOB, F? Fc �RgRg£ tir � Qg^ �aY r v =a wRtrtTATt F3Y sm RAM GLEN POND PHASE II (PUD) CQ M .,].,.. _.lAM.tMCt wtrat,; l..A4D10 DM—-MTt 11. wOODDDM+,YIMMt70T.$1171. M t kwaOG 1 1 la.•..a1 SITE PLAN TI L ter \C� IIs it AM fit I I I q r \4���• ',r'` ,��"'�`r 1 � .�, `•,\ � Iii TV 1 B :n a •E a !} ;•' •' is � 46 �■ � ������ al" 8 PRELIMINARY .i .- GRADING/DRAINAGE a all alla& �` Z � all 5 3 it I ® CG@Y •f �' R ]jSStl14R.:[tf eaa i7' � i t ? oil I .. lJd��� i i•iiaii si I I LANDSCAPE PLAN m - � N r I < P a G13 S i = 8 8 B- IM m 8 I - PDT Z 1 - m El 8 - i — e B El Pi R R I p -- q I j.. B 8 ADDII B B El ,�al�, •,�I I I ' i I I ' I f Ili � Z l; m r i gx f zf� o_ 8 2 D E3 ° � 3 s 7 7 — i , a , Urano°utverwra ;GLEN POND PHASE II (PUD) mcpwTuaTo /n°/•• aaew o"Ira_ Ls �000av"1,rlrru0- ou uw i!°0A1k I�MfOt° _I(WI) ra a.aatl I ELEVATIONS Malnesota Dcparuncut of Public Safch- i LIQUOR CONTROL DIVISION 444 Cedar St.,Suite 100 L. St.Paul,MN 55101-2156 - =c z ' (612)296.6434 TTY (612)282-6555 APPLICATION FOR COUNTYICITY ON-SALE WINE LICENSE (Not to exceed 14%of alcohol by volume) EVERY QUESTION MUST BE ANSWERED. If a corporation,an officer sbali execute lhi,application. If a partnership,a partner shall execute this applicalion.(PS 9114-94) Workers compensation insurance company. Name ht", we J Policy # $ 1 bo 3 LICENSEE'S SALES& USE TAX M# To h for sales tax#,call 296-6 18 1 or 1-800-657-3777 Applicants Name(Rusiness,Partnership,Corporation) Trade Name or DBA -T��A � L,LC �TEcA M . �5-t Gam• II Business Address Business Phone Applicant's Mane Phone I ti Z �4, c n� l� R�� p ( Cit,' Count �N ZtP Code Is this application !f a trsa�er,give name of former ov%ner License period New or, Transfer From To If a corporaliou, ' e name.title,addres,.and date of birth of each offira. If a parmorsbip. give name,address and date of birth of each partner. Partner/t fficcr Name and title Address ae f� O S as L_._ . ,,n 32,f- L11( 'J`�t ►J r.�:✓ • t'III� fSllu -3 Partner/Officer Name and Title Address ncDOB elLe..i v�►�t�0ti"13 11�Ely ,t•w C:,� 2. hiN.SStiti J'/zvitY Partner/OHiccr Nae and Tillc Address DOB Partner/O(ric,cr Name and Title Address DOB CORPORATIONS Daeofnaorporaian steofncorportion Cat ificacNumba isoorportionsahorizodtodobusnessn\jitnescia? 1'es C No 11'a subsidiar) of anctha corpora ion.give name and address ofpcert corportiot BUILDING AND RESTA URANT Name of bu i Idn g atin a OAn a s addrss �"I�L ✓ Lns�Tvvi ti 3-1U t, sti F1N SS12=- Are Propcn) Taxes delnyue '. Ilasthe building owner any evtnedicn,dvea or ndvea, Rexaurant seang capaoty D Yes K No 'A h the applica¢? D Yes k,No Hours foodw ill be mailable No.ofpeqple reaaurart employs No.ofmon¢hsper yew rel aurard Will food servioe betheprne4le business? I I!�►`t- 1 1 N h 5 �s will be ape, Z- Yes D No Descnbetheprernmestobelicensed 1 Ifthe retauran is in ca,junction wih antther bushas(rescrt,ac.),describe business OTHER INFORMATION PYes 0 No 1. 1 las the applicant or associates been granted an ac-sale non-intoxicating malt beverage(32)and/or a"set-up" license in e04 unction with this wine license? L'Yes )l<No 2. Is the applicant or arty of the associates in this application a member of die couuty board or the city council which win issue this license? If yes,in wbat capacity? (If the applicant is the spouse of a member of the governing body,or another family relationship exists,the member shall not t otc on this application.) L YcsXNo 3. During the past licenseyear,has a summons been issued under the liquor civil liability(Drarn Shop)(M.S. 340A.802). Ifyes,anacb a copy of the summons. NO LICENSE WILL BE APPROVED OR RELEASED UNTIL THE S20 RETAILER ID CARD FEE IS RECEIVED BY MLC. Yes �No 4. l Iasapplicant,partners,ofii=s or employees -erhad an)' liqic�ior laviolations in Mian If w. give names,dates,violations and final outcorue. csota or elaxwbere. lYcs :5 No 5. Does any person other than the applicants,have any right,title or interest in the furnituref tures or equipment in the licensed remises? If yes, give names and details. '1\ 1 tl 1,1`1 Yes L No 6. l lm-c the applicants any interests,directh,or indirectb•,in any other liqu establishments in Minnesota? Ifyes, Sh-cnffineand address ofthe establishment. 1....ce-„� 4,L,t1.r p i {- _1�V,.�11-„_ LLL try, R��/•�, 0� ... I1,. I CERTIFY T11AT 11 LAVE READ TIE.ABOVE QUESTIONS TFIA'I'THF ANSVdERS ARF TRUE AND CORRECT TO THE BEST OF MY OWN KNOWLEDGE. 4/1218 (SiglIjature of licant Date i The licea-'4ti mud ha,•e one of the following: I Ched me A. Liquor Liability Insurance(Dram Shop)S50.000 per person: S 100.000 more than oue person; S 10 000r 550.000 and S 100.000 for loss of means of support. ATTACH "CERTIFICATE. Of MSURANCE"TO THISFORM.,on; B. A Surety bond from a surety mnpaay with minimum coverage as apocif lei above in A. D C. A certificate from the State Treasurer that the Licensee has deposited with the State. Trust bunds having a market value of 5100,000 or S 100.000 in cash or sextritits. IF LICENSE IS ISSUED BY THE COUNTY BOARD,REPORT OF COUNTY ATTORNEY Yes L No I ccrtiR-that to the best of m�y knowledge the applicants named ahme arc clipble to be licensed. If no,state reason. Signature Count}-Attorncti County Date REPORT BY POLICE OR SHERIFF'S DEPARTMENT Ibis is to ccrtify that the applicant and the associates.named herein have not been convicted within the past ft`'c years for any violation of Laws of the State of Minnesota,Municipal or County. Ordinances relating to Intoxicating Liquor,except as follows Si ature Al !�T Title artmcut Name 1MPORTANTNOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL,TOBACCO AND FIREARMS. FOR INFORMATION, CALL (612)290-3496 City of Eaw Fee: $25.00 3530 Piot Knob Road APPLICATION FOR LICENSE Lcense year Eagan, MN $5122-1897 TREE MAINTENANCE CONTRACTOR For bdividual, partnersbip or corporation wbo cut, trim, prune, remove spray or treat trees. I, RaWdow 1 Ree COMPANY hereby make application for a TREE MAINTENANCE CONTRACTOR license for the year /999 from the City of Eagan. OWNER: 7HOMR5 C P'Ross,;,e ADDRESS: d)39 Eo6gwcoD AvE S PHONE/ 1.1 4-4a -3310 (street) BVI NVEAPOL/S Jy1n/ 5Sj/ b (city) (state) (zip) BUSPMSME _ NA : RA/'V80&J /'RFE COMPANY ADDRFSS: o1a39 E06F6v000 fAvE S PHONE / /a 9 a-38/0 (Street) MIIVIVEF►POLiS MA/ 55y.46 (city) (state) (zip) EMPLOYEES PERFORMING TREE MAINTENANCE: 41 Name S66 /7T/,9CK6!') L/ST (middle) (last) Name: (first) Mrs (middle) (last) Name: (first) J— (middle) (last) Name: (nrst) (middle) (last) (ATTACH ADDITIONAL NAMES) VEHICLES USED FOR TREE MAINTENANCE: S;6 /7rr,4C.s6o L/sT r, (came) (year) (make) (model) (license number) (name) (year) (make) (model) (license number) (name) (year) (make) (model) (license number) (ATTACH ADDITIONAL VEHICLE WFORMATION) EQUIPMENT USED FOR TREE MAINTENANCE: (e.g., stump grinder, brusb clipper, chainsaws,sprayer,etc.) SEE ATT/gGKEO LAST (name) (function) (name) (function) (ATTACH ADDITIONAL EQUIPMENT INFORMATION) - REFERENCES OF PREVIOUS CLIENTS: (name) (address) (phone 1) (name) (address) (phone 1) REQUIRED DOCUNIMATTON: I. Lability insurance In the following amounts: • $100,000 for bodily Injuries to one person from one accident. • $300,000 for injury of two or mon persons • $200,000 for damage or destruction of property Insurance may not be canceled by Insurer unless there is 10 days written notice to the city. If insurance Is canceled, licensee mast replace with another polky which conforms to ordinance requirements. The license Is suspended until i mmnct is rep!acri, 2. Worker's compensation Insurance certificate-when such insurance Is required by state statute. 3. Certification by Agronomy Division of Minnesota Department of Agriculture as a Commercial Pesticide Applicator must be provided by the applicant or employee administering chemical substances. SIGNATURE OF APPLICANT: U4J. )0a,,,WC Fc) 0,35/99 ( ature) (title) (date) OFFICE USE: Date Paid: Amount received: Receipt 1: City CouncII Approval: (date)