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07/20/1999 - City Council Regular t AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JULY 20,1999 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) p A. RECOGNITION of new volunteer firefighters 3 B. CIVIC Arena ice rates V. CONSENT AGENDA(PINK) P s A. PERSONNEL ITEMS B. AMENDMENT to the joint Powers Agreement with Apple Valley and Rosemount for TSI Portacount Equipment by adding Farmington 3 C. APPROVE 7-1-99 to 7-1-00 General Insurance renewal 1p p15 D. AMUSEMENT device license renewal,American Amusement Arcades / 6 E. FINAL PLANNED DEVELOPMENT,Holiday Stationstores,Inc.for Lot 1,Block 2,Oakview Center F. FINAL PLAT Gopher Eagan Industrial Park 6th Addition and FINAL PLANNED rDEVELOPMENT,Gopher Resources Corporation N�. "NO PARKING"sign petition,Atlantic Hills Drive(East Cul-de-Sac) H. CONTRACT 99-12,approve plans&specs,authorize ad for bids-Silver Bell Road(TH 13 to Kennebec Drive) 301. ACCEPTANCE of LCTS grant for Youth at Risk Programs J. APPOINTMENT of Eric MacBeth to the Gun Club WMO p33 K. EXEMPTION from lawful gambling license,Eagan Ducks Unlimited to conduct a raffle at Royal Cliff on September 21,1999 VI. 7:00-PUBLIC HEARINGS(SALMON) p315 6:45 P.M. A. FOREST Ridge Multifamily Housing Revenue Refunding Bonds B. PROJECT 749(E.Hwy.55 So.Frontage Rd.—Reconstruction) C. VARIANCE of 15 feet from the minimum 20 foot front yard setback requirement for an off-street parking area and a Final Plat for Jensen's Supper Club Addition,located at 3840 Sibley Memorial 6 D. Highway in the NE 1/4 of Section 19 VARIANCE—Leo Holm&Barb Bauer,to exceed the maximum six-foot height for a fence on Lot 33,Block 2,Mallard Park Third Addition,located at 4350 Wood Duck Circle in the NE 1/of Section 29 P ?E. VARIANCE—James Grindeland,three-foot side yard setback variance for a building structure on Lot 6,Block 2,Sunrise Hills,located at 3753 Wescott Hills Drive in the SE 1/of Section 14 96 F. VARIANCE—Jewish Community Center of St.Paul,to the required 150 foot setback from the jr Ordinary High Water Level(OHWL)of O'Brien Lake,located at Camp Butwin—821—120th St. (/ W.(inside Lebanon Hills Regional Park boundary)in the SW 1/of Section 36 VII. OLD BUSINESS(ORCHID) KA. RECONSIDERATION,condition of approval,Interim Use Permit—for Cedarvale Mall,ISD 191 VIII. NEW BUSINESS(TAN) Put A. 2000-2004 PART III(Utilities and Street Infrastructure)Capital Improvement Program B. REQUEST for waiver of payment of sewer availability charge—Linvill Properties—Day By Day v Child Care Development Center ;�PC. PRELIMINARY PLANNED DEVELOPMENT and PRELIMINARY SUBDIVISION,Decalla Properties(Cedarview 2nd Addition)of four acres to create eight single family lots,located west of Pin Oak Drive abutting the west side of Nicols Road in the NE 1/of Section 31 / ,3 D. PRELIMINARY SUBDIVISION(Northwood Business Park)of approximately 24 acres consisting of one lot and one outlot,legally described as Outlot B,Lexington 2nd Addition,located north of Northwood Parkway and west of Lexington Avenue in the SE 1/4 of Section 10 IX. LEGISLATIVEIINTERGOVERNMENTAL 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. 7/14/99—11:45 a.m. f i 'SOF TI SPECIAL MEETING OF THE EA .1CITY COUNCIL EjW&N,MINNES.Q.TA A Special City Council meeting was held on Tuesday, June 29, 1999 in the City Council Chambers of the Eagan Municipal Ceatq-B* diAg,%5 QO•p.m. Those present were Mayor Awada and City Councilmembers Ba3ki and Masin. Also present were Superintendent of Utilities Schwanz, Superintet o $tr Erhart,Public Works Coordinator /Administrative Assistant Struve, City Engineei Ritthys, 15i for of Public Works Colbert, Director of Finance VanOverbeke and City Adiilstrator mages. ... A A) 1 City Councilmember Masin moved that both Livable Communities and the status of Discovery Park be added to the agenda for discussion. The motion died for lack of a second. City Councilmember Masin moved and Mayor Awada seconded,with all members voting in favor that a discussion regarding the Stgtys of Discovery Park be added to the agenda under other business. After further discussion and in aionbY:::6-' ti�i�i6ember Bakken, seconded by , Councilmember Carlson with all members Sting iq fav> }. balance of the June 29 Special City Council meeting agenda was adopted. FIVE •YEAR C.I.P. PART III Mayor Awada commented that the main purpose for the Special City Council meeting workshop is to review the FNe Year Capital Improvement Program Part III for public infrastructure projects. City Administrator Hedges provided background information on the item stating that the Capital Improvementir33ed into three(3)parts consisting of Part I general government facilities,' 'ai T*r**e'fii6!;i 'atit4:tquipment both new and replacement and Part III which is public infrastructure and piers acquis*j>h and development. He stated that in order to plan and proceed with public infrastture impoiements during calendar year 2000, it is necessary to address the proposed projects".us time:4Ad would further suggest that this part of the C.I.P. be placed on the July 20 regular City Coagenda for adoption. He stated that this will allow staff the necessary lead time required to perform field analysis, feasibility reports, public hearings and other steps that are necessary in carrying out public improvement projects in the year 2000. City Administrator Hedges further stated that the main concentration is for projects proposed in the year 2000,however, it is impgtant to review projects that are proposed and planned for the years 2001-2004 and if for aft.teason these projects should not be considered in a certain calendar year,it is important to ideilW those changes at this time. He stated that there is a tremendous am***ff 8}: fSi iko county,state and federal entities regarding highway construction,whiditss: #ittt{9iacl: at all entities agree on a proposed calendar year for construction of any project. Director of Public Works Colbert provided an ov9YView of the proposed five(5)year public infrastructure improvements stating that the first category is Streets and Highways,which Special City Council Meeting Minutes June 29, 1999 Page 2 ..... .... ..... include collector and arterial, local Are—;�nprovements, seal coating, signals and streetlights. He further commented that. i#i#ies, e ijiid part,which includes water trunk distribution,water o erations and facilities p ?iKC9ic ''trurik conveyance and storm sewer trunk conveyance. City Councilmember Masin asked about the status of a signal at Northwood Parkway and Neil Armstrong Boulevard with Lexingtm Ayenue. Director of Public Works Colbert discussed the need as expressed by local comp ai j t-.*i� �f{,ection and further commented that . the signal would not be constructed until Y,eziii c3R Aveiiu ;�:�videned from Lone Oak Road to Town Centre Drive. He stated that this project wig onginaW-fprogrammed for the year 2000, however, due to the county's workload,they wt#90 not be; to accommodate it until 2002. Director of Public Works Colbert futt�,e . t,� Mix z11e:C becomes the lead agency,the project could be accelerated to the 20gI*:i is Mictioi s :'After a review and discussion by the City Council,there was consensus to move the project to 2001 and have the City become the lead agency. However,the City Council was concerned about the lack of traffic control at the intersection of Northwood Parkway/Neil Armstrong Boulevard with Lexington Avenue. There have been requests for a signal from some of the new businesses and several crashes already have occurred. Councilmembers Masin arid.Carlson requested that some type of control be installed until the proposed improvement in 2ff i-*:--%%m informed of the lack of City jurisdiction on this county road,there was a motion by C&iii+�#lQ4*- CacIson, seconded by Councilmember Bakken with all members voting in favor, }ixectiiig'66�inistrator to place a Resolution on the July 6 City Council Consent Agenda reipiesting Dalwtt l:.d'unty to provide temporary traffic control on Lexington at Northwood Paz e?t'i: }gtTong Blvd. Mayor Awada suggested thatkalli DRue Drive be further delayed from year 2000 to 2001 allowing the City an opportunity to complete its planning efforts for the TH 13 and Cedar Avenue study area. City Councilmembers agreed that due to the moratorium that has been placed on the general Cedarvale area,this project should be delayed until at least the year 2001 to allow time to receive the results to be submitted by the Cedarvale Task Force for the general Cedarvale area. Ina motion by Mayor Awada,3 'oii84-#iyGkitiober Bakken with all members voting in favor,the Bea D' Rue Drive-pfoj&R-w'l _wKi12001. Councilmember Carlson stated that sheAtkild like s*th Dodd Road to be delayed until there is more development plans or when resideS;are willk to petition for the road improvements. City Councilmember Masin agreed and susted that the project be postponed until 2002. In a motion by Councilmember Masin, seconded by Councilmember Blomquist with all members voting in favor,the south Dodd Road upgrade was delayed until 2002. Councilmember Carlson asked if it would be possible.to resurrect further consideration of Dodd Road from DifJley Road to Wescott Road as a proje*qVii the next year or two. Director of Public Works Colbert stated that to date, Dodd Road has di#'ly been programmed for an overlay in 2004. However,there have been rec8iW;f:*; t ' way,which would require a substantial reconstruction of Dodd4'$44 .ikrban section. City Councilmember Carlson stated that she would like to proceed as soon as gQgjble with consideration to review alternatives and review the possible upgrade of Dodd Ro -*-Mayor Awada suggested that the staff review phasing opportunities and present alternativek:&r the upgrade of Dodd Road north of Diffley at a future workshop. City Councilmember Blomquist stated that there are large lots along Dodd Road that could incur significant assessments. After further discussion and in a Special City Council Meeting Minutes June 29, 1999 Page 3 ..... ..... motion by Mayor Awada, seconded bf.%uncilmember Bi n with all members voting in favor, staff was directed to bring back phasing-k"pgpi tip'tic tls—upgrade of Dodd Road between Diffley Road and Wescott Road at the session. City Councilmember Masin stated that the C.I.P.process is important and allows the City Council to prioritize all street projects so staff is not overburdened. City Councilmembers concurred and after a brief discussion.al)d tp.;,motion by Councilmember Carlson, seconded by Councilmember Bakken with all meraM;j0k 3i3 a was concurrence that the Yankee Doodle Road extension from Highway'1V�td4itsity'l�oac in Inver Grove Heights should not be postponed until 2002 as proposed by the coifftt�;but kepftb 2001 as presented. There was consensus by the Cpttsix,a11 f't€ collector and arterial street projects identified in the C.I.P.wouldoilgltiNs pri Mayor Awada asked that staff present information regarding local street improvements. Director of Public Works Colbert provided a brief overview on the local street improvements that are identified in the five(5)year C.I.P. After further discussion and review and in a motion by City Councilmember Bakken, seconded by Mayor Awada with all members voting in favor, Cantebury and Wedgwood were del�.ipi loWi 001 to allow staff to concentrate on the Cliff Road improvements that are planned for the y'e&*�.*t-*::*:-:-:---- : Councilmember Carlson also Sugg#'ed that T=i l!Drive be delayed unless the road upgrade is necessary as a result of potential x <IiZ;Wde Cross. Director of Public Works Colbert stated that building phasing fio 'af the River Park facility is being considered and discussions are occurring with C;ial . In a motion by Councilmember Bakken, seconded by Mayor Awada with all members voting in favor,Terminal Drive was delayed until 2001 pending final development plans for Blue Cross. Director of Public Works Colbert was asked about the work schedule for the year 2000. He stated that shortening the numbe ';Lsj", i### l# ff t is currently short on personnel tha due to two(2) engineering techniciaiTi 'i�- i0ttiber Carlson stated that,if necessary, other projects could be cancelled or giftnponed igtrder to satisfy staff workload. Director of Public Works Colbert prese P' the st •seal coating;there were no comments or discussion regarding the five year'C'I.P. for t seal coating. Director of Public Works Colbert presented the proposal for signals. Councilmember Carlson raised a question regarding a proposed signal at Yankee Doodle Road and Promenade Avenue. After further discussion, a motion was presented by,,Councilmember Carlson, seconded by Councilmember Bakken that a signal for the Yankee Dle Road and Promenade Avenue intersection be placed in a future category. The motion fa#Ze on a 4-1 vote with Councilmember Carlson voting aye and Mayor Awa,��iAt. $akken,.Blomquist and Masin voting nay. ..... Director of Public Works Colbert reviewed streetigfsts, water trunk distribution,water operations and facilities, sanitary sewer trunk conveyancd.aftil storm sewer trunk conveyance sections of the five(5)year C.I.P. There were no specific comments or direction provided by the Special City Council Meeting Minutes ` June 29, 1999 Page 4 ..... .... ..... City Council requesting any change iri ,five(5)year C;f h*.�ss presented for each of these categories. Mayor Awada complimented the staff forall the work and background on the five(5) year C.I.P. and noted that this portion of the overall City five(5)year C.I.P. will be presented for City Council consideration as amended at the July 20 regular City Council meeting. City Administrator Hedges provided bai Round o**iequest for show license for the Eagan Convention and Visitors Bureau for Jul}t 1 for the.O pf July FunFest event. In a motion by Councilmember Bakken, seconded.by• ilieb ?sin with all members voting in favor,a show license for the Eagan Ci i?i ituiii and, �� 5'Bureau for July 24, 1999 for the 0' of July FunFest event was approved. PARADE LICENSEATH OF JULY CELEBRATION City Administrator Hedges prayided background on this item. In a motion by Councilmember Masin, seconded by. 'ii iW$akken with all members voting in favor,the Eagan Convention and Visitors Bureau and IragM-!":Nhsb:.were given authorization to hold the annual 4t'of July parade on Blackhawk Rod bety Road and Blue Cross Road to begin at approximately 10:00 a.m. on Satuay, July 3,; fir; ex. TEMPORARY BEER LICE1t1 LIONS CLUB/JULY 41"'FUNFEST City Administrator Hedges provided background on this item. In a motion by Councilmember Masin, seconded by Councilmember Carlson with all members voting in favor, the temporary beer license for the Eagan Lions Club for July 2-4, 1999 to accommodate the 4"'of July FunFest event was approved. SCHEDULE SPT FOR JULY 6 City Administrator Hedges provided bad' round cip this item. In a motion by Councilmember Carlson, seconded by Councilziber Bakes with all members voting in favor, ve the special work retreat was scheduled for 4:30 p.m. on Tubtfijay, July 6, in the lunchroom of the Municipal Building to prepare information for the goals and eventual action plan that has been developed at previous retreats. DISCUSSION REGARDING DIS(70VERY PARK Task member Masin stated that it was disappointii'ijoo learn that Skyline Displays no longer has an interest in developing AW:, _:: ;34 dark to the community and instead made a cash donation to the City to i: t 'I ;tication requirements. She further asked if there was any way for the City to further consideF the development of Discovery Park. City Administrator Hedges provided background on Discili'ikfPark and reasons that-Skyline Displays' ownership chose to pay the parkland dedication :Mayor Awada stated that given this action it might be appropriate for the City to look at the Joe Miller property as a site for the amphitheater and other development opportunities that were under consideration for Discovery Special City Council Meeting Minutes June 29, 1999 Page 5 ..... .... ..... Park. Councilmember Carlson stated;80 the vision for�fSpdvery Park is there, but the visionaries are gone along with the coriwjsoqatbx..$k i :flisplays' ownership to develop the property for park purposes. Councilmeiribof•• i -asked what the status was on the setback requirements that pertained both to Skyline Displays and the ten acre Discovery Park. City Administrator Hedges stated that to his knowledge this had not been settled and was under consideration with the Discovery Park agreement negotiations. Councilmember Masin stated that the location for Discovery Park was u> *Ar.due to its proximity to the Promenade and Faithful Shepherd School and would like forf : i3 the Advisory Parks and Recreation Commission take a look at the possibility of tli4:�ty acqu... and developing the ten acre parcel for Discovery Park. After further discussion ar"a motitiii ty Councilmember Masin, seconded by Mayor Awada with all members voting int, staff vlirected to contact Skyline Displays to determine if they would sell the ted �Af:Lhe.C�#.ji; d to determine a proposed cost for the property. .... - . OTHER BUSINESS Mayor Awada shared information she received from the City of Roseville that developed a handout providing homeowners wib plans and concepts as to how they can update their homes such as adding a second story additioi**rtr•;bedroom, etc. She suggested that this document be shared with the Planning Departmerifthi#�i05Si?3y t ie;City could provide similar information as a handout to the public. There being no further busir Oss-, a meeting was adjourned at 6:15 p.m. TLH XX Date ,,,, City Clerk r M�,�'1�Y1�TS'OF'TH�.*: SPECIAL MEETING OF THE EAGITY COUNcm Et-"AN, MINNES.Q' ,r� A Special City Council meeting was held on Tuesday,June 29, 1999 in the City Council Chambers of the Eagan Municipal Ce4tu: x l ��5 QO,p,rg. Those present were Mayor Awada and City Councilmembers Balk. - and Masin. Also resent were - :#33gi ,ul P Superintendent of Utilities Schwarz, Superintet otri Erhart,Public Works Coordinator /Administrative Assistant Struve, City EngineeMitthys,Dftfttor of Public Works Colbert, Director of Finance VanOverbeke and City Apai strator#mages. City Councilmember Masin moved that both Livable Communities and the status of Discovery Park be added to the agenda for discussion. The motion died for lack of a second. City Councilmember Masin moved and Mayor Awada seconded,with all members voting in favor that a discussion regarding the x6aus of Discovery Park be added to the agenda under other business. After further discussion and in a wtWon byN-*ii3ir 1member Bakken, seconded by Councilmember Carlson with all members.. irl.fq : balance of the June 29 Special City Council meeting agenda was adopted. FIVE.*f YEAR C.I.P. PART III Mayor Awada commented that the main purpose for the Special City Council meeting workshop is to review the Five Year Capital Improvement Program Part III for public infrastructure projects. City Administrator Hedges provided background information on the item stating that the Capital Improvement; ri #: ; ;ir:CiY;i3ed into three(3)parts consisting of Part I general government facilities,' ai'C1Te'�ii�lisS'atiigiii ment both new and replacement and Part III which is public infrastructure and piers acquis}t h and development. He stated that in order to plan and proceed with public infrasttxre impoements during calendar year 2000, it is necessary to address the proposed projects!:.� ►iq. s time: d would further suggest that this part of the C.I.P. be placed on the July 20 regular City CoufiC1 agenda for adoption. He stated that this will allow staff the necessary lead time required to perform field analysis, feasibility reports,public hearings and other steps that are necessary in carrying out public improvement projects in the year 2000. City Administrator Hedges further stated that the main concentration is for projects proposed in the year 2000,however, it is impgot�nt to review projects that are proposed and planned for the years 2001-2004 and if for a ;Yeason these projects should not be considered in a certain calendar year,it is important to ideirMl~y those changes at this time. He stated that there is a tremendous amii4 :6: K#iARt county, state and federal entities regarding highway construction,whic :ss: � ti�ctsfi#o2d: dt all entities agree on a proposed calendar year for construction of any project. , Director of Public Works Colbert provided an ov60V ew of the proposed five(5)year public infrastructure improvements stating that the first category is Streets and Highways,which Special City Council Meeting Minutes June 29, 1999 Page 2 ..... .... ..... include collector and arterial, local stre>3t3mprovements, sa }seal coating, signals and streetlights. He further commented" i,#ltm 4re,.tkraid part,which includes water trunk distribution, water operations and facilitid*§-,USAir ? caf'trunk conveyance and storm sewer trunk conveyance. City Councilmember Masin asked about the status of a signal at Northwood Parkway and Neil Armstrong Boulevard with Lexingt9u.Ayenue:.Director of Public Works Colbert discussed the need as expressed by local compa i; &tion and further commented that . the signal would not be constructed unfit texiri cfR AVenut:4: videned from Lone Oak Road to ::. Town Centre Drive. He stated that this project originagg4rogrammed for the year 2000, however, due to the county's workload,they w"O not be SM to accommodate it until 2002. Director of Public Works Colbert f i4e{.,W*:I :.j he,GO becomes the lead agency,the project could be accelerated to the 2001. After a review and discussion by the City Council,there was consensus to move the project to 2001 and have the City become the lead agency. However,the City Council was concerned about the lack of traffic control at the intersection of Northwood Parkway/Neil Armstrong Boulevard with Lexington Avenue. There have been requests for a signal from some of the new businesses and several crashes already have occurred. Councilmembers Masin and•.Carlson requested that some type of control be installed until the proposed improvement in 2ff>k: ;::Seth informed of the lack of City jurisdiction on this county road,there was a motion by Couii�#li ;C�;lion, seconded by Councilmember Bakken with all members voting in favor,e*ecting'e4**' dministrator to place a Resolution on the July 6 City Council Consent Agenda rei"tiesting D401�.-4'unty to provide temporary traffic control on Lexington at Northwood Par ke`ltroiig Blvd. Mayor Awada suggested that.,Q D' Rue Drive be further delayed from year 2000 to 2001 allowing the City an opportunity to complete its planning efforts for the TH 13 and Cedar Avenue study area. City Councilmembers agreed that due to the moratorium that has been placed on the general Cedarvale area,this project should be delayed until at least the year 2001 to allow time to receive the results to be submitted by the Cedarvale Task Force for the general Cedarvale area. In a motion by Mayor Awada, co i.... #ji:Gi4 #nber Bakken with all members voting in favor,the Bea D' Rue Drive}ii'djeC€'oval iiii12001. Councilmember Carlson stated that she:?itiuld like: th Dodd Road to be delayed until there is more development plans or when resideQ'g;are will to petition for the road improvements. City Councilmember Masin agreed and su 'sted that the project be postponed until 2002. In a motion by Councilmember Masin, seconded by Councilmember Blomquist with all members voting in favor,the south Dodd Road upgrade was delayed until 2002. Councilmember Carlson asked if it would be possible.to resurrect further consideration of Dodd Road from Diffley Road to Wescott Road as a projac to the next year or two. Director of Public Works Colbert stated that to date, Dodd Road has Alybeen programmed for an overlay in 2004. However,there have been re qW#1'; :;b pltf fifid tt8' way,which would require a 4 .. ;... substantial reconstruction of Dodd 1 : 41 : ban section. City Councilmember Carlson stated that she would like to proceed as soon as p9gible with consideration to review alternatives and review the possible upgrade of Dodd Roii *N- layor Awada suggested that the staff review phasing opportunities and present alternatives tett the upgrade of Dodd Road north of Diffley at a future workshop. City Councilmember Blomquist stated that there are large lots along Dodd Road that could incur significant assessments. After further discussion and in a Special City Council Meeting Minutes June 29, 1999 Page 3 ..... .... ..... motion by Mayor Awada, seconded bt uncilmember Bn with all members voting in favor, staff was directed to bring back phasing.iDpgpi ipi... t ie upgrade of Dodd Road between Diffley Road and Wescott Road at the fir' :i:Q c's i s�� ession. City Councilmember Masin stated that the C.I.P. process is important and allows the City Council to prioritize all street projects so staff is not overburdened. City Councilmembers concurred and after a brief discussion a4d iv q.motion by Councilmember Carlson, seconded by Councilmember Bakken with all meti ' • .3R: e was concurrence that the Yankee 8 . Doodle Road extension from Highway l A9 tb r` sify" bac in Inver Grove Heights should not be postponed until 2002 as proposed by the count ;but k0i 2001 as presented. There was consensus by the lat> tl= ax.all•�ii0er collector and arterial street l? ....:': .::. . projects identified in the C.I.P.woul :koii�gs pr Mayor Awada asked that staff present information regarding local street improvements. Director of Public Works Colbert provided a brief overview on the local street improvements that are identified in the five(5)year C.I.P. After further discussion and review and in a motion by City Councilmember Bakken, secondedby Mayor Awada with all members voting in favor, Cantebury and Wedgwood were del4:44: --VbW to allow staff to concentrate on the Cliff Road improvements that are planned for Councilmember Carlson also sugg,ied that T i Drive be delayed unless the road upgrade is necessary as a result of potential% i%*** X18&Cross. Director of Public Works Colbert stated that building phasing£ : 8?ati'At the River Park facility is being considered and discussions are occurring with C;t AY In a motion by Councilmember Bakken, seconded by Mayor Awada with all members voting in favor,Terminal Drive was delayed until 2001 pending final development plans for Blue Cross. Director of Public Works Colbert was asked about the work schedule for the year 2000. He stated that shortening the numbe 4 ';ttxj i .lt l#: that is currently short on personnel due to two(2) engineering technicianfti�rtcie's% iis►ber Carlson stated that,if necessary, other projects could be cancelled or g .pond iXTder to satisfy staff workload. Director of Public Works Colbert prese 0 the stift-seal coating;there were no comments or discussion regarding the five yea�C�I.P. fort seal coating. Director of Public Works Colbert presented the proposal for signals. Councilmember Carlson raised a question regarding a proposed signal at Yankee Doodle Road and Promenade Avenue. After further discussion, a motion was presented by.Councilmember Carlson, seconded by Councilmember Bakken that a signal for the Yankee Dkle Road and Promenade Avenue intersection be placed in a future category. The motion fand on a 4-1 vote with Councilmember Carlson voting aye and Mayor Awat;,; CSk�$akken, Blomquist and Malin voting nay. ..... Director of Public Works Colbert reviewed street'..g ts,water trunk distribution, water operations and facilities, sanitary sewer trunk conveyance*Wkd storm sewer trunk conveyance sections of the five(5)year C.I.P. There were no specific comments or direction provided by the Special City Council Meeting Minutes June 29, 1999 Page 4 ..... .... ..... City Council requesting any change ftikig,five(5)year C:&..Zits presented for each of these categories. Mayor Awada complimented the staff for all the work and background on the five(5) year C.I.P. and noted that this portion of the overall City five(5)year C.I.P.will be presented for City Council consideration as amended at the July 20 regular City Council meeting. City Administrator Hedges provided b ff#round of iequest for show license for the Eagan Convention and Visitors Bureau for Jul3r%4 forthe;:?l' ;nf July FunFest event. In a motion by Councilmember Bakken, secondedb•y go;tf Cft;Dmbgr-M fsin with all members voting in favor, a show license for the Eagan Ciifi?i i io anil:; # S'Bureau for July 2-4, 1999 for the 4`h of July FunFest event was approved. �� ' PARADE LICENSE/4"H OF JULY CELEBRATION City Administrator Hedges prgyided background on this item. In a motion by Councilmember Masin, seconded by. iW.la@kken with all members voting in favor,the Eagan Convention and Visitors Bureau and given authorization to hold the annual 4t'of July parade on Blackhawk R(*.d b6iwem] i4 ey Road and Blue Cross Road to begin at approximately 10:00 a.m. on Satujiay, July 3,. 99r;: TEMPORARY BEER LICrfY"K'LIONS CLUB/JULY 4T FUNFEST City Administrator Hedges provided background on this item. In a motion by Councilmember Masin, seconded by Councilmember Carlson with all members voting in favor, the temporary beer license for the Eagan Lions Club for July 2-4, 1999 to accommodate the 4"'of July FunFest event was approved. SCHEDULE SP&f�+�c'�i1- 4i'k�T FOR JULY 6 City Administrator Hedges provided ba�1,ground ojgris item. In a motion by Councilmember Carlson, seconded by Councilziber Baj 42p with all members voting in favor, the special work retreat was scheduled for 4:30 p.m. on Tri8lf�y, July 6, in the lunchroom of the Municipal Building to prepare information for the goals and eventual action plan that has been developed at previous retreats. DISCUSSION REGARDING DISCOVERY PARK Task member Masin stated that it was disappointiit-lo learn that Skyline Displays no longer has an interest in developing t dark to the community and instead g P g ...;...::.::•.•:•. made a cash donation to the City to :tf: )rs� 1:Sication requirements. She further asked if there was any way for the City to further consideF the development of Discovery Park. City Administrator Hedges provided background on Discili's kfPazk and reasons that-Skyline Displays' ownership chose to pay the parkland dedicatiorr: :Mc ayor Awada stated that given this action it might be appropriate for the City to look at the Joe Miller property as a site for the amphitheater and other development opportunities that were under consideration for Discovery Special City Council Meeting Minutes June 29, 1999 s Page 5 .... ..... Park. Councilmember Carlson stated .the vision for I' pdvery Park is there, but the visionaries are gone along with the coril�•} oatby,.,�lc t :flisplays' ownership to develop the property for park purposes. AIpws what the status was on the setback requirements that pertained both to Skyline Displays and the ten acre Discovery Park. City Administrator Hedges stated that to his knowledge this had not been settled and was under consideration with the Discovery Park agreement negotiations. Councilmember Masin stated that the location for Discovery Park was u..qua,due to its proximity to the Promenade and Faithful Shepherd School and would like for .,• R2b' the Advisory Parks and Recreation Commission take a look at the possibility of thQ'J-. ty acquiti`g and developing the ten acre parcel for Discovery Park. After further discussion arH a moti8 iy Councilmember Masin, seconded by Mayor Awada with all members voting in i :�gr, staff ig ;iirected to contact Skyline Displays to determine if they would sell the te ;� fthe.0 ;fid to determine a proposed cost for the property. .... OTHER BUSINESS Mayor Awada shared information she received from the City of Roseville that developed a handout providing homeowners wiftlans and concepts as to how they can update their homes such as adding a second story additid#;jk?*teiF;bedroom, etc. She suggested that this document be shared with the Planning Department W'$**t %*. the:City could provide similar information as a handout to the public. .. There being no further busie meeting was adjourned at 6:15 p.m. ........... ...... .... TLH Date City Clerk MINUTES A- R- YG OF THE ;.*agan,Minnesota; ... July 6,1999 .... A regular meeting of the Eagan CI was he$&$9 Tuesday,July 6,1999 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayis ::Pi#d:, Auncilmembers Masin,Blomquist,Carlson and Bakken. Also present were City Administratoi''i'oii..Mdges,Senior Planner Mike Ridley,City Engineer Russ Matthys,and City Attorney Bob Bauer. AGENDA Mayor Awada noted that the foIIirgfftiZ'-'-' iettig ded to the Consent Agenda, ' Administrative Leave/Director of Parks&Recreatt She fAW noted that Item A of Old Business, Reconsideration Condition of Approval,Interim U•$r.Permit fo;�Cedarvale Mall,ISD 191 was being continued to the July 20 City Council meeting at ta}aplicuest. City Administrator Hedges X. added that the following item was being, h�i fJlei i Benda,Declare computer equipment to be surplus for donation to Dragnet. Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 MINUTES OF T.M.ViAY 18,1999 SPECIAL MEETING Councilmember Blomquist noteda fypoga3w-rpr on page five in the second to the last paragraph and said the word me should be ch +ged to' t;:gfie also noted that on page six the motion should include the names of Councilmembers- asin an:d::: st who voted in opposition. Councilmember Bakken moved Blomquist seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF THE JUNE 1,1999 SPECIAL MEETING Councilmember Bakken moved,Mayor Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE JUNE X1999 REGULAR MEETING Councilmeniber Bakken moved,Councilnwr Carte seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 "" DEPARTMENT HEAD BUSINESS Councilmember Masin thanked everyone who participated in the Fourth of July parade. She mentioned that a neighborhood meeting would be held withBkients who live near Cascade Bay. City Administrator Hedges noted that the meeting would be held.i� uly 15 at 6:30 p.m. Councilmember Blomquist stated that the library has expgrier.K?4ioit��.J?uki}, problems. Councilmember Masin said thaf sftl'2icl i2 'tai'tfi'ttftAdministrator Hedges to discuss a comment by Mayor Awada regarding the City providing lei,lkpresentation to defend a Councilmember and further said it was her understanding that the City is noi-king any legal action at this time. City Administrator Hedges explained that if a case is filed against a Councilmember or the City the associated information is turned over to the League of Minnesota Cities Insurance Trust for their use in determining whether to defend the City. EAGAN CITY COUNCIL MEETING MINUTES;JULY 6,1999 PAGE 2 Councilmember Bakken moved,ept}ncilmember Carls0 econded a motion to recess the meeting at 6:45 p.m. Aye: 5 Nay: 0 The meeting was reconvened at 7:00 p`iit:=..... CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the hiring;i F21aine•lvf8lf5ier as the temporary Y2K Intern. Item 2. It was recommended to approve the hirin��i ;Russell T..Wr as a seasonal lifeguard shift leader for Cascade Bay. ''" Item 3. It was recommended to approve the hiring of EmilyKlatt,Katy Holm,David Streefland,Malissa Johnson,Christopher Ahrens,Irene Wheeler,Lindsay McMarais,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. It was recommended to approvq: ie3kirJ,g of Stephen Piehl as a seasonal guest relations worker for Cascade Bay. Item 5. It was recommended to approve the homing of Jen n* T.cds as a seasonal tennis instructor. ; • Item 6. It was recommended to approve,tfie:h pf- :-rarey Nelson-Krepacz,Stacy Showalter,Maria Whiteman,Amanda Helebrant,Susan Ivfr8%TFerst,Jayne Chromik and Katie Hillegue as seasonal skating instructors for the Civic Arena. Item 7. It was recommended to approve the hiring of Jennifer Van Horne and Torie Van Horne as seasonal assistant skating instructors for the Civic Arena. Item 8. It was recommended to approv. i #C•#R; 3►er and Sandra Hillyer as seasonal Camp Directors. ""' Item 9. It was recommended to approve the hiring0* -, sella l;f le,Barbara Sandow and Patrice McGee as seasonal recreation leaders. .... Item 10. It was recommended to approve the hiring of Jessica Kiscaden as a seasonal recreation assistant. Item 11. It was recommended to approve the hiring of Carrie Gangl and Leah Taylor as seasonal utility interns. Item 12. It was recommended to approve the hiring of Ehzabi�OPorter and Steve Kelley as seasonal engineering interns. Item 13. It was recommended to approve the hiring of Jeffr%. nOverbeke as a seasonal street . maintenance worker. Item 14. It was recommended to approve the hiring of Patrick Scanlon as a seasonal turf management worker. Item 15. It was recommended to approve the hiring of Jon Steining as a seasonal parks maintenance worker. • EAGAN CITY COUNCIL MEETING MINUTES;JULY 6,1999 PAGE Item 16. It was recommended to approveft hiring of Kathy Aey as a temporary administrative intern. Item 17. It was recommended to approve urphy as a temporary clerical worker in the Finance Department. X. ,. . Item 18. It was recommended to approve a week of administrative leave for Director of Parks& Recreation Vraa. i B. Final Subdivision,Oak Bluffs-Mani • S+i B£Ttt511 i is It was recommended to approve the Final Subdivision(Oak Bluffs)consisting of 36 lots i6...d east{ Dodd Road and north of Diffley Road in the south 1/2 of Section 24. C. Final Subdivision,Amoco Second Ad }ons:itL i ;�jl anv it was recommended to approve a Final Subdivision(Amoco 2nd Additior ;i*!*i* Rg of:yj ;"*:l son 9 acres currently platted as Lots 14-18, Block 5,Eagandale Center Industrial Park No.3,located it Ehe NW 1/a of Section 11. D. Final Subdivision,Noreen Addition-Tames Noreen. It was recommended to approve a Final Subdivision(Noreen Addition)consisting of 3 lots located in the southwest 1/4 of Section 26. E. Final Plat,Easter By The Lake-Easter.,. ¢I.�.Church. It was recommended to approve a Final Plat (Easter By The Lake)that will replat four fh8si #i*�X9js of land into a single 10.2 acre lot located north of Cliff Road between Lake Park Drive and P3rot•'1 :$oad in the SE 1/4 of Section 28. F. Extension for amending the Comprehensive 4ruide-P. :J i;s recommended to approve a resolution requesting an extension of the due date for.;Ri35i te City's revised Comprehensive Guide Plan to the Metropolitan Council to December 3"X49:' G. Conclude no fee building permits-May 1998 storm. It was recommended to approve ending the practice of waiving fees for building permits issued as a result of the May 1998 storm. H. AQprove Police Liaison Services Agree%4t,-S�I,?istrr. t#197 and the Cities of Eagan,Mendota Heights and West St.Paul. It was reco>vil tk' oa?kfi olice Liaison Services Agreement between School District#197 and the Cities of Eag4ri .2 ndota freights and West St. Paul. I. Safe and Sober Grant. It was recommended to afiove a gra application between the Minnesota Department of Public Safety and the City of Eagan- the Safd:XAd Sober Grant. J. Extension for recording final subdivision,TownPlace Suites Addition. It was recommended to approve a 90 day extension of the recording requirement for the TownPlace Suites Addition located in the southeast 1/a of Section 16. K. Extension for recording conditional use permit&final 121A- �ven,Eight,Nine Addition(Transport 21). It was recommended to approve a 90 extension of the recgiaing requirement for the Transport 21, Inc.Conditional Use Permit applied to pgapW'le�#Mji p i't* A gibed as Lots 7,8 and 9,Block 2 Eagandale R.Center Industrial Park No.3 located in ts ::oec ►11. L. Contract 99-10,approve plans/authorize ad for bids(Wt"/Lexington-Signal). It was recommended to approve the plans for Contract 99-10(Wescofttoad and Lexington Avenue-Traffic Signal Improvements)and authorize the advertisement for a bid opening to be held at 10:30 a.m.on Thursday,August 12,1999. EAGAN CITY COUNCIL MEETING MINUTES;JULY 6,1999 ' PAGE M. Contract 99-11,approve plans/autho&ad for bids(WescA'R*'d.Restriping). It was recommended to approve the plans for Contract 99-11 (V! ott Road-Restri,#ttyrg Improvements)and authorize the advertisement for a bid opening to beheld: fk-00 a.m.on Tf ay,July 29,1999. N. Contract 99-07,receive bids/award contrac' -RLRervoir-Refurbish and Repaint). It was recommended 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. O. Project 735,cancelpublic improvemertfS: cl-Streets and Utilities). It was recommended to cancel Project 735(Wescott Hills i5i:.;:;Extensidi P. Project 694 receive final assessment rollorder '`•• 'c heariffiorthwoods Pk .-Streets Utilities &Street Lights). It was recommended * •A s3�2ihent Roll for Project 694(Northwood Parkway-Street and Utility Improvemei } iiit7 chedti Oblic hearing to be held on August 3,1999. Q. Vacation of public easements,receive petition/order public hearing(Oakbrooke Addition). It was recommended t o receive the petition to vacate public drainage&utility easements and schedule a public hearing to be held on August 3,1999. R. Project 773,request for extended opebW� Yankee Doodle Reservoir-Paint&Refurbish). It was recommended to approve the request fdi'ft eiu }.pperating hours for Swanson&Youngdale,Inc., from 7:00 a.m.to 7:00 p.m.,on Sundays,until Or•_tobe * S. Approve driveway access agreement,Advekt 1JW1*3.8i inaNt Church. It was recommended to approve a formal easement granting access i sR.t�trpark property to Advent United Methodist Church. T. Vacation of public easements,receive petition/order public hearing(Highview Park Addition-Lot 1, Block 1). It was recommended to receivelhe petition to vacate a public drainage&utility easement and schedule a public hearing to be held on August 3,1999. U. Tree contractor license,Rainbow Tresial :: t inmended to approve the tree contractor license for Rainbow Tree Company. V. Consider application for wine/beer license for Seca of Eats,LLC,1428 Yankee Doodle Road (former location of lohn Hardy's Bar B Q). It was r6&;ilmendp bo approve the wine/beer license for Z- Teca of Eagan,LLC,1428 Yankee Doodle Road(former locatiditttif John Hardy's Bar B Q. W. Project 98-G,acknowledge completion/authorize City maintenance(Eagandale Corporate Center No. 4). It was recommended to acknowledge the completion of Contract 98-G(Eagandale Corporate Center No.4-Street&Utilities)and authorize perpetual City maintepance subject to warranty provisions. X. Project 98-H,acknowledge completion/authorize City maAt lance(Delta Dental). It was ... ._ ._ recommended to acknowledge the comp)g}# aiEDelta Dental-Watermain&Storm %Sewer)and authorize perpetual City manty provisions. Y. Contract 98-20,approve final payment/authorize Cityma=� ance(Aquatic Facility'-Lighting). It• was recommended to approve the final payment for Contracf�O(City Campus Aquatic Facility- Lighting)in the amount of$3,420.07 to Bob's Electric and accept the improvements for perpetual City maintenance subject to warranty provisions. • Z. Project 678,approve land acquisition agreement,Deer-wood Reservoir(Bieter/Franz). It was recommended to approve the agreement for the land and easement acquisition from the EAGAN CITY COUNCIL MEETING MINUTES;JULY 6,1999 PAGE 5 • Thorson/Comwell group for the DeerwQt Reservoir under Pict 678,authorize the Mayor and City Clerk to sign all related agreements and pgeoCess payment. AA. Declare computer equipment tobe s •D utj -�yRaiiifioragnet It was recommended to declare various IT computer hardware and software *gifpment and authorize the donation of these products to Dragnet,a non-profit organization that works with people with disabilities. Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 ..PUBLIC AYt... VARIANCF,;:*,9REE TIt,V3$T City Administrator Hedges prod ;6*erit .�.... item. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Councilmember Carlson expressed concern about setting a precedent by approving a variance to the architectural standards. A representative of Tree Trust co men of their lease with the Met Council and added that they serve as a buffer to the treatn}%]�*t plant. He rRiZAtioned that the Tree Trust has planted trees on the site and also maintains them. Councilmember Masin said she; fc1,**6c+f-'1iave a problem with the request. Councilmember Blomquist stated that she was concerned about future development of the property. Mayor Awada stated that the current use of the property is appropriate. She said she would support the variance with the condition stated in the staff report. There being no one else wishing.to.spgA�,.MaxpT,.Awada closed the public hearing. Councilmember Masin moved,CounaliiiemUi�tiik'keii•seconded a motion to approve a Variance to the architectural standards for a proposed builditin the I4:1oning District subject to the following condition: 1. In the event the lease between Tree Trust an I Metropolitan Council is terminated or expires,or subdivision of the subject property occurs,all metal structures on the subject property shall be removed. A vote was taken on the motion. Aye: 5 Nay: 0 VARIANCE-DOUGLAS:3FE5BOHM City Administrator Hedges provided anoverview on this item. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. The applicant noted the reasons for the addition and commented on his wife's physical disability. There being no one else wishing to speak,Mayor Awada closed the public hearing. EAGAN CITY COUNCIL MEETING MINUTES;JULY 6,1999 PAGE 6 Councilmember Bakken moved,Magor Awada seconded a motion to approve a 4.6 percent Variance to the maximum 20 percent lot cii , a requireme*lied to Lot 22,Block 5,Cedar Grove -No.4 located in the NE 1/4 of Section 30. Councilmember Bakken stated that the request was consistent with criteria for issuing a variance. A vote was taken on the motion. Aye: 5 Nay: 0 PROJECT 770,DENMARUTILIT'Y EXTENSION) City Administrator Hedges provided an on t •hem. Councilmember Bakken moved,Cou, Nk. Bls>o t seconded a motion to cancel Project 770(Denmark Avenue Extension-NewtfiRt�fii 'UtitfbVements). Aye: 5 Nay: 0 OFFICIAL MAP 669 NO.1 (NORTHWOOD PARKWAY) City Administrator Hedges provided an overview on this item. Councilmember Bakken moved,:': t�eilmember Carlson seconded a motion to open the public hearing and continue Official Map 669 No•�#:gip. .;a&t-e{n of New Business. Aye: 5 Nay: 0 OCO BUSINESS RECONSIDERATION,CONT3 :C�X?:*Fh1tOVAL,INTERIM USE PERMIT FOR LE MALL,ISD 191 City Administrator Hedges provided an overview on this item noting that due to scheduling conflicts,representatives from ISD 191 requested this item be continued to the July 20,1999 City Council meeting. Councilmember Masin moved,Ji?fa oiAii ?580 motion to continue reconsideration of the condition of approval,Interim Uselierirut;poi C2tta'rc-i Atai(,ISD 191 to the July 20,1999 City Council meeting. Aye: 4 Nay: 1 (CouncilmembeiiNrlson op pled) NEW 1 INESS CONDITIONAL USE PERMIT-R.J.RYAN CONSTRUCTION LOT 1,BLOCK 1,EAGANDALE CORPORATE CENTER NO.3-945 ALDRIN DRIVE City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. X. Councilmember Bakken move C�J,sou seconded a motion to approve a Conditional Use Permit to allow the out?y ..*..� bl3 rs upon a 6.9 acre parcel of land located north of Aldrin Drive and west of Mike Collins Drive su'li' t tothe following conditions: 1. The Conditional Use Permit shall be recordea-4Dakota 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. EAGAN CITY COUNCIL MEETING MINUTES;JULY 6,1999 PAGE 7 A vote was taken on the motion:-: ye.•5 Nay: 0 r PRELIMINARY SUBDIVI$1.0 CARL OL"'.-AND RICHARD BURGER (OLSi ,1�( ION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved,Councilmember Masin seconded a motion to approve a Preliminary Subdivision(Olson-Burger ?it#iftc. rttiQ}j� ;�ots and one outlot on approximately 33 acres located east and west of I-35 between Yankeeott?e'ir and Lone Oak Roads in the west 1/2 of Section 10 subject to the following conditions: ..• ., Standard Conditions '••'. 1. The developer shall comply'with.these'sfaxiiiard conditions of plat approval as adopted by Council on February 3,1993: Bl,B3,B4,Cl and Dl 2. The property shall be pd; Landscaping 3. A detailed landscape plan sh6lfld bes! y'i*ei#. t the time of Final PD for each lot. The landscape plan should corgi r F}t TegiArements set forth in the City Code. 4. The applicants shall suBiiiit 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 lieii'U trhzsite'pdi&iMg*S%'fi be required for the 3.3 acre portion of the development not treated by odl 4�e pondi jand not included in the ponding provided by the Eagan Promenadd:,dAvelopaw. 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 shalF'# jsquisition of all regulatory agency permits required by the affected agency at the time ofc�evelopment of the property. Parks and Recreation , 8. This development shall be responsible for a cash parks dedication and a cash trails dedication. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;JULY 6,1999 PAGE 8 Councilmember Bakken moved,Wyor Awada seconded'a motion to approve a Preliminary Planned Development for commercial us :clfy the 8.8 acres eask:i*'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 Plannet#.IffeveloprW shall be five years. 4. The Preliminary Planned DevelcVt allowil 'following uses: retail,office,banks, and Class I restaurants,a : ' i ... .. 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 Elevaiib3i$;:;::;:::::::::::•:•::. Signage Plan X. Site Lighting Plan 6. The following setbacks sho,114") La uri ffiis PD: Structure Setbafks: 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 q : tj S}�,i:t??X-ftt wide;office and other uses shall provide parking stalls iib*ess'lfiaifil' et=itlivie t#►. Aye: 5 Nay: 0 PROJECT 694,APPROVE LAND ACQMSITIO%'- 0RTHWOOD PARKWAY (OLSON/BURGER) City Administrator Hedges provided an overview on this item. Councilmember Bakken moved,Councilmember Car)."seconded a motion to approve the agreement for the land and easement acquisition from the OLscs}}$urger group for Northwood Parkway under Project 694 and authorize the M te all related agreements. Aye: 5 Nay: 0 ......... ....... PRELIMINARY PLANNED DEVELOPIT-LARRY WENZEL (GLEN POND SECq ) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTES;JULY 6,1999 PAGE 9 Councilmember Masin questioritivhy.the plans werj' {tomplete and also questioned why the density issues have not been addressed. . ior Planner Ridley stated that the applicant was informed of the deficiencies in the plans,but the appb;, #insisted on mq forward with June APC and July City Council review. Councilmember Bakken moved,Councilmember Carlson seconded a motion to open the item for public discussion. Aye: 5 Nay: 0 Dennis Trooien,attorney represeri ft Larry Wenzel,said that the application for a Preliminary Planned Development was submitted fiot received any comment from the Ci in regard to their interest in the land swap'witfi' i# Cft* .6ses of mapping the ring road. He acknowledged that the application was missing infrt�ination,kfidded that the proposed density is consistent with the density of Phase I of the Glen P;Qad Apartn}g�t complex. In regard to the mapping,he said that the APC discussed the City acquirin�.�{i from.'Wenzel and compensating him for it within two years. He further said the Cs$ijitj_t#irCt staff to resolve the matter with Mr. Wenzel and that if compensation were ptoposed they Wtiffi'consider putting the application in abeyance. He requested the City Council put pressure on MnDOT in an effort to resolve the mapping within sixty days. Mayor Awada said that it seems that an incomplete application was submitted in an effort to bring the ring road issue to the forefronj-:;Eke-.J(urther said she was not willing to table the PD since it would not be feasible as proposed and ifc�Q :jaa€;-W.pRplication should be denied. Councilmember Carlson stated that if a land swap occurs with -V*J*D.�s d be necessary to submit a new plat. She said she did not want the applicant to be charW**' additiol f.feo4nd preferred the item be tabled to allow the applicant an opportunity to resubm t*fhe City Attorney Bauer said that tlieC3ivtiiicil has 60 days to act on this application which is set to expire on July 12. He added that the 9Acant has not agreed to submit a waiver to this timeframe. Mayor Awada asked if it would be necessary for the applicant to submit a new application if the land swap with MnDOT occurs. Bauer indicated that a new application would be required. Councilmember Blomquist mentioned that a land swap with MnDOT would create additional concerns with other landowners. Councilmember Masin moved,Tbt seconded a motion to continue the Preliminary Planned Development for an expansioj�;ttf the G14*:Pond Apartment complex to construct five 60-unit apartment buildings on property locaQ.*ast of Pi C#Knob Road between Marice Drive and High Site Drive in the SW 1/a of Section 10 to the Se...in r 7, City Council meeting. Mayor Awada stated that it was necessary for the City Council to take action on the application because the 60-day agency action deadline expires on July 12. Mr.Trooien said that the applicant would waive the 60-day agency action deadline. Councilmember Blomquist added that the application should be continued so staff and MnDOT could attempt to resolve the situation. City Attorney Bauer indicated that a waiver document should be executed and that languaequiring such should be added to the motion. Councilmember Masin movedt seconded a motion to continue the ee Preliminary Planned Development for an expansion of tfie Glen Pond Apartment complex to construct five 60-unit apartment buildings on property located east of Knob Road between Marice Drive and High Site Drive in the SW 1/4 of Section 10 to the September 7,,.1"City Council meeting subject to the execution of an agreement waiving the 60-day agency action rule. Aye: 4 Nay: 1 (Mayor Awada opposed) EAGAN CITY COUNCIL MEETING MINUTES;JULY 6,1999 PAGE 10 OFFICIAL MAP 69 NO.1 (NORTHWWD PARKWAY) City Engineer Matthys gave a staf#rlort. X. Mayor Awada stated that the only re'a., aP was before the City Council was because an application had been submitted for a Preliminary Planned Development for the Glen Pond Apartment complex. Dennis Trooien,attorney represenft Larrx Wenzel,stated that he and Mr.Wenzel thought the PD application was sufficient and mentioie ,�6f# asR9• re of the missing data until shortly ffi before the APC meeting. He mentioned tiiaf the ap hii' ar blict had not received much input from staff regarding the application. Senior Planner Ridley stated that staff me.fi.iij the dey�foper approximately one month prior to the APC meeting and identified themissitio :.: #f xtfoien reiterated that neither he nor the applicant thought the application was deNde.n..t. Mayor Awada said that the City,MnDOT and the applicant all need to work together. She noted that MnDOT has indicated they may not be able to respond to the proposal for a land swap for three to six months. Mr.Trooien suggested that staff'be:ifG# cl.#.o.�vork with the developer and affected landowners regarding financial options. He said that a conijiaiat✓tsacii4s needs to be done in order to find the least costly option. City Administrator Hedges stated tl•Iat-ft i 'Pii6lic Works Colbert has spent exhaustive efforts on this issue in an attempt to reac&*:0*S9v5 solution. He added that much effort has been undertaken to encourage MnDOT to ad&L&ss this situation and further added that many alternatives have been looked at. Mr.Trooien noted that the proposed solution with MnDOT seemed helpful but added that they have not been contacted by the City regar�i)n the status of the proposal. City Administrator Hedges said that Director of Public Works Colbert ha::t* s f pit dt:Q ? : #i :4pplicant's representatives approximately thirty days ago and addecr ilia-iiiadequ�'tot=unication may be occurring. He further said that a meeting with all interested parties might#ii+necessa�:: Councilmember Masin suggested that staf.*kbte a let( 'ko the Eagan legislative delegation to address the constraints the City has been dealing with regardi}g! a ring road issue and MnDOT. Councilmember Bakken stated that the City has a fantastic staff and added that it might not be possible to get MnDOT to respond more quickly to the City's request. Councilmember Carlson said that she did not want to take any action until MnDOT has responded to the proposal for a land swap. Councilmember Blomquist concurred and added that staff shpRrlcl address impacts to the first apartment building. She said that the land swap is the most feasible alteie. City Engineer Matthys stated that the land swap will cause the alignment rther away from the first apartment building. ..... Peter Beck,attorney for Lockheed Martin,stated thai: kheed Martin does not want the ring road to intrude on their property. He stated that Lockheed I Ui%n is in agreement with the proposed alignment. The attorney representing Carl Olson stated that Mr.Olson is opposed to the vacation of Marice Drive since that would adversely impact access to his property. EAGAN CITY COUNCIL MEETING MINUTES;JULY 6,1999 PAGE 11 There being no one else wishing ttb:bpeak,Mayor Awa&*-Hosed the public hearing. Councilmember Bakken moved,lltgr Awada secozd a motion to continue Official Map No. l (Northwood Parkway)to the September 7;39it3t�qut► meeting. Aye: 5 Nay: 0 Councilmember Masin moved,Councilmember Carlson seconded a motion to direct staff to prepare correspondence to the Eagan legislative delegation to address the ring road issue with MnDOT. Aye: 5 Nay: 0 Councilmembers Blomquist and Masin m th*..Vans to attend the N.O.I.S.E.Conference in July. Mayor Awada requested that they bring 40.inform�#itw from the conference to share with the Council. • ''ADjouRlvi�i�fir' The meeting adjourned at 8:25 p.m. MLK Date ;, City Clerk If you need these minutes in an alternative form tri alar d: ti ,'Kraille,audio tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 55 ;;r65J;`J i;B1=4600,(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 to race,color,creed,religion,national origin,sex,disability,age,sexual orientation,marital status or status with regard to public assistance. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 16, 1999 SUBJECT: AGENDA INFORMATION FOR JULY 20, 1999 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the July 20, 1999 City Council agenda, the minutes of the July 6, 1999 regular City Council meeting and the minutes of the June 29, 1999 special City Council meeting, the following items are in order for consideration. Agenda Information Memo July 20, 1999 Eagan City Council Meeting DEPARTMENT HEAD BUSINESS A. RECOGNITION OF NEW VOLUNTEER FIREFIGHTERS ACTION TO BE CONSIDERED: To acknowledge and accept the two new firefighters as members of the Eagan Volunteer Fire Department. FACTS: • The Eagan Volunteer Fire Department has a training program that must be completed during an 18-month probationary period in order for an individual to become a firefighter. The training program consists of weekly training sessions during this time. • The two (2) firefighters, Keith Breckheimer and Tim Snetting have completed their training and will be recognized with a badge presentation. Agenda Information Memo July 20, 1999 City Council Meeting B. CIVIC Arena ice rates FOR COUNCIL ACTION: To approve an increase in prime time ice rental at the Eagan Civic Arena from$135.00 to$140.00. BACKGROUND: When the City Council was presented with a revised rate schedule for the 1999-2000 season for the Civic Arena,the Council requested additional information relative to rates for other facilities, and specifically, rates for those facilities closest to Eagan as further justification for the increase. The Council also questioned that if there is a softening of the market for ice rentals, is this a good time to increase rates? Other Arena Rates: The Eagan Civic Arena Manager is part of the Minnesota Ice Arena Manager Association(MIAMA), which just recently completed a survey of all members. Not everyone responded to the survey,but those that did had ice rates ranging from as low as $75 (Litchfield)to$165 (Minnehaha Arena). Eagan Hockey currently rents some hours from Minnehaha. While the rate information of others may provide some insight, it's the rates of facilities that are within the same market area that are more influential. The most important consideration is still the Civic Arena's annual cost of operations. The MIMIA survey shows the following rates for arenas in the metro area and those that are close to Eagan. The rates reflect prime time,per hour rates for 1999-2000. Bloomington $135 Brooklyn Park $140 Chaska 135 Champlin 145 Cottage Grove 130 Dakota Sport 125 Eden Prairie 135 Farmington 125 Hastings 115 Hopkins 130 Maple Grove 135 in 1998-99* Maricucci 150 Minnetonka 120 in 1998-99* New Hope 150 Parade 150 Plymouth 130 Stillwater 135 St. Louis Park 125 *1999-2000 fees not determined as of date of survey Near by Facilities: Apple Valley $140 Rosemount 140 Burnsville 140 Inver Grove 140 Minnehaha 165 Although the proposed 2000 budget has not yet been prepared for the Civic Arena, Finance has calculated the full time salary and benefits for next year based on existing staff. This category will increase by$5,383 from the 1999 budget. Staff also expects an inflationary increase in other areas of the budget recognizing that as the building gets older,maintenance costs are likely to increase. Further, there are a number of capital improvements that staff(based on requests from users)would like to implement. A sound system in the East rink, improved sound in the West rink, floor matting, and backer on boards are examples of a few. These improvements are funded from the revenue stream and not any other source. In 1998 there were 3,727 hours of ice used for all purposes: open skating,high school practice and games, skating school programs, open hockey/figure skating,hockey, etc. Of that, 1,821 hours were considered to be"prime time"rental hours. (typically from October 1 to March 20). These are the hours that have the strongest demand and can be considered to be"inelastic". The non prime hours, usually considered to be late night hours, "shoulder season"hours or the very early hours, are very "elastic"and subject to price competition. Consequently, raising the fees on the prime time hours in order to stay current with cost increases seems the most logical. These are the hours the market is willing to pay a higher price,for whatever reason. Comments: Staff is cognizant of the importance of trying to keep rates low as they mostly impact Eagan residents. Staff also recognizes the importance of keeping the building operating efficiently,meeting the consumers needs for improvements and the long term approach to the financial stability of an enterprise fund that must meet debt service payments. While there is a great deal of experience with the West rink,the East rink has less then a year's experience in terms of revenue and expenses. Given that the three other ice arenas that serve School District 196 have increased their rates by$5.00 per hour,the increase of$5.00 an hour for Eagan is in step with these other facilities. CONCERNS: None ATTACHMENTS: None Agenda Information Memo July 20, 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 Building Inspector-- ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as a temporary building inspector. FACTS: ♦ Interviews for the position of temporary building inspector have been held. ♦ Background and records check are now being performed on a candidate who will be recommended for hire, depending on the results of the check. ♦ The name of the person will be furnished either with the Administrative Packet on Monday or at the City Council meeting. Item 2. Seasonal Lifeguard/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Derek Harmon, Sara Kilby, Joseph Koch, Daniel Willis, Chris Allmaras and Susan Casey as seasonal lifeguards for Cascade Bay. Item 3. Seasonal Lifeguard Substitute/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Christine Weiss as a seasonal substitute lifeguard for Cascade Bay. Item 4. Seasonal Concessions Substitute/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Sarah Block as seasonal concessions substitute for Cascade Bay. Agenda Information Memo July 20, 1999 Eagan City Council Meeting Item 5. Seasonal Operations &Maintenance Shift Leader/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Brad Kassha as a seasonal operations & maintenance shift leader for Cascade Bay. Item 6. Seasonal Tennis Instructor-- ACTION TO BE CONSIDERED: To approve the hiring of Scott Holmes as a seasonal tennis instructor Item 7. Seasonal Skating Instructor/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Josh Austad as a seasonal skating instructor for the Civic Arena. Item 8. Time Spent Profiles (TSP)/Compensation Range Adjustment-- ACTION TO BE CONSIDERED: To approve the reclassification of the Clerical Tech R in Parks & Recreation to Clerical Tech III compensation range. 6 i Agenda Information Memo July 20, 1999 Eagan City Council Meeting B AMENDMENT TO THE JOINT POWERS AGREEMENT WITH APPLE VALLEY AND ROSEMOUNT FOR TSI PORTACOUNT EQUIPMENT BY ADDING FARMINGTON ACTION TO BE CONSIDERED: To approve an amendment to the Joint Powers Agreement with Apple Valley and Rosemount for TSI Portacount Equipment by adding Farmington. FACTS: • The Eagan Fire Department in cooperation with the Apple Valley and Rosemount Fire Departments has purchased a TSI Portacount. This is a specialized piece of equipment that is used for testing the respirator fit for masks on self-contained breathing apparatus units. • The TSI Portacount when not in use is stored at Apple Valley Fire Station No. 1. • The City of Farmington has agreed to participate in the Joint Powers agreement requiring this amendment. ATTACHMENTS: • Enclosed on pages through is a copy of the amendment to the agreement. • Enclosed on pages —through is a copy of the original agreement. AMENDMENT TO AGREEMENT TO ACQUIRE A TSI PORTACOUNT THIS AGREEMENT is made this day of , 1999, by and between the CITY OF APPLE VALLEY ("Apple Valley"), the CITY OF EAGAN ("Eagan"), the CITY OF FARMINGTON ("Farmington") and the CITY OF ROSEMOUNT ("Rosemount") (collectively referred to as the "Cities"). 1. The cities of Apple Valley, Eagan, and Rosemount previously entered into an Agreement to Acquire a TSI Portacount ("Agreement") dated July 7, 1998, which provided for the sharing of costs and use of the TSI Portacount. 2. Except as specifically amended by this Amendment, the Agreement shall remain in full force and effect. 3. The Agreement is amended to include the City of Farmington as a party to the Agreement and the term "Cities" as referred to in the Agreement is amended to include the cities of Apple Valley, Eagan, Farmington, and Rosemount. 4. Paragraph 4 of the Agreement is amended to provide: FINANCIAL RESPONSIBILITY. Apple Valley, Eagan, Farmington, and Rosemount have all made equal contributions in the amount of Two Thousand Two Hundred Fifteen and Four/100th Dollars ($2,215.04) for the purchase of the TSI Portacount and for the establishment of a fund for maintenance and any necessary replacements of the TSI Portacount. Unless otherwise agreed by the Cities or unless Apple Valley withdraws from this Agreement, Apple Valley will maintain the TSI Portacount and invoice all Cities in equal shares for the cost thereof. The Cities shall promptly remit the amount due to Apple Valley. 73068 U IN WITNESS WHEREOF the parties have subscribed their names as of the day and year first above written. CITY OF APPLE VALLEY CITY OF EAGAN BY: BY: Mary Hamann-Roland, Mayor Patricia Awada, Mayor AND AND Mary E. Mueller, City Clerk Eugene Van Overbeke, City Clerk CITY OF FARMINGTON CITY OF ROSEMOUNT BY: BY: Gerald Ristow, Mayor Cathy Busho, Mayor AND AND John F. Erar, City Administrator Susan Walsh, City Clerk 73068 e AGREEMENT TO ACQUIRE A TSI PORTACOUNT THIS AGREEMENT is made this n-T K day of -14 1&1 , 1998 by and between the CITY OF APPLE VALLEY ("Apple Valley"); the CITY OF EAGAN ("Eagan"); and the City of Rosemount ("Rosemount") (collectively referred to as the "Cities"). WHEREAS, Apple Valley has purchased a TSI Portacount for use by the fire departments of the Cities; and WHEREAS, it is in the best interest of the Cities to agree concerning the ownership, use and cost of the TSI Portacount. NOW, THEREFORE, the Cities hereby agree as follows: I. PURPOSE. The purpose of this Agreement is to provide for the sharing of costs as well as the use of the TSI Portacount for the Cities. 2. OWNERSHIP OF TSI PORTACOUNT. The TSI Portacount is owned jointly by the Cities. Unless otherwise agreed by the parties or unless Apple Valley withdraws from this Agreement, the TSI Portacount shall be housed at Apple Valley Fire Station No. 1. 3. USE OF PORTACOUNT. Apple Valley has purchased the TSI Portacount on behalf of the Cities for use by the fire departments of the Cities. The device is used for testing the respirator fit for masks on self-contained breathing apparatus ("SCBA's"). A City may schedule reasonable use of the TSI Portacount for its respective fire department by contacting Apple Valley through its fire secretary. When not in use, the TSI Portacount shall be returned to Apple Valley Fire Station No. 1 in good operating condition. 4. FINANCIAL RESPONSIBILITY. Eagan, Rosemount and Apple Valley have all made equal contributions for the purchase of the TSI Portacount in the amount of Two Thousand Two Hundred Fifteen and Four/100ths Dollars ($2,215.04). Unless otherwise agreed by the Cities or unless Apple Valley withdraws from this Agreement, Apple Valley will maintain the TSI Portacount and invoice all Cities in equal shares for the cost thereof. The Cities shall promptly remit the amount due to Apple Valley. 5. INSURANCE AND INDEMNIFICATION. Each of the Cities shall maintain in full force and effect appropriate insurance coverage on its use of the TSI Portacount. Each of the Cities shall indemnify, defend and hold harmless the other Cities against any and all claims, demands, losses, expenses, costs, interest, penalties, including but not limited to, reasonable attorney fees that such other Cities may incur or suffer, which arise or relate to that City's use, operation, maintenance of the TSI Portacount. Provided, however, that nothing herein shall be deemed a waiver by any of the Cities of the limitations on liability set forth in Minnesota Statutes, Chapter 466. The Cities agree that each City is independently responsible to determine the adequacy and appropriateness of the operation of the TSI Portacount. The Cities are cooperating in the acquisition and sharing of the use of the TSI Portacount. Other than the responsibilities described in this Agreement, the Cities have no duty, obligation nor liability toward each other as a result of entering into this Agreement. Each City shall independently conduct its own use of the TSI Portacount. Neither execution of this Agreement nor the cooperative purchase or use of the TSI Portacount shall constitute creation of an entity among the Cities. 6. DURATION. The duration of this Agreement shall be perpetual, provided that any City may remove itself or may terminate this Agreement upon written notice to the other Cities. Provided further that no City shall be released from its obligations under Paragraph 5 above nor shall any withdrawing City be entitled to any reimbursement of funds paid under Paragraph 4 above. In the event all the remaining Cities at any time agree to terminate this Agreement, unless otherwise agreed by such Cities, the TSI Portacount will be sold and, after paying all expenses incurred through the date of such sale, the proceeds shall be divided equally among the remaining Cities, whereupon this Agreement shall be terminated and of no further force and effect; provided however, that the obligation of Paragraph 5 above shall survive termination of this Agreement. 7. EFFECTIVE DATE. Each City may sign a separate original of this Agreement and all the originals shall collectively constitute this Agreement. This Agreement shall be in full force and effect when all parties sign the Agreement. The signed Agreements along with a certified resolution authorizing the Agreement, shall be filed with the City of Apple Valley, which shall notify all Cities in writing of the effective date of this Agreement. IN WITNESS WHEREOF, the Cities hereto have caused this Agreement to be executed. CITY OF APPLE VALLEY, a CITY OF ROSEMOUNT, a Minnesota municipal corporation Minnesota municipal corporation By: Gary L. ump ey By: Cathy Bu o Its: Mayor Its: Mayor Zzz By: MMueller By:]Susan Walsh Its: Ci Clerk Its: City Clerk CITY OF EAGAN, a Minnesota municipal corporation 4vy: omas A. Eg Its: Mayor IZ�l L ene VanOverbeke Its: ity Clerk Agenda Information Memo July 20, 1999 Eagan City Council Meeting C. APPROVE 7-1-99 TO 7-1-00 GENERAL INSURANCE RENEWAL ACTION TO BE CONSIDERED: To approve the general insurance renewal for 7-1-99 to 7-1-00. FACTS: • The City has received information for the general insurance coverages. The renewal proposed has been assembled through the efforts of Pat Meger of R.L. Youngdahl and Associates, Inc., the City's insurance representative. • General insurance coverages include buildings and contents, equipment, automobile, general liability and numerous smaller areas of risk exposure. • While official quotations were not solicited, other markets are continuously reviewed. The general conclusion is that there are no providers who can match the League of Minnesota Cities Insurance Trust(LMCIT) for both price and coverages. Consequently,we have only the quote from the LMCIT to present to the City Council for consideration. • The premium summary by coverage type for 1998/1999 and 1999/2000 is as follows: Increase(Decrease) Coverage 1998/1999 1999/2000 Amount Percept LMCIT: Property $ 25,644 $ 28,804 $ 3,160 12.3% Inland Marine 3,935 4,572 637 16.2% Liability 116,554 120,277 3,723 3.2% Automobile 31,711 34,002 2,291 7.2% Crime 1,155 1,334 179 15.5% Petrofund 867 780 (87) (10.0%) Open Meeting Law 3,171 3,426 255 8.0% Boiler&Machinery 6.172 6.889 717 11.6% 189,209 200,084 10,875 5.7% Other Carriers: AD&D Benefit(1) 2,449 2,449 0 0.0% Employee Dishonesty 1.098 1.098 0 0.0% $192,756 l2a631 10 875 5.6% ct)This coverage is for accidental death&dismemberment for the volunteer firefighters. 13 Agenda Information Memo—General Insurance Renewal (cont'd) July 20, 1999 Eagan City Council Meeting • The LMCIT package premium is 5.7%higher than last year primarily due to the following: 1. Property values were increased based on appraisals completed by the LMCIT. The values continue to reflect current replacement costs. This affects both the property premium and the boiler and machinery premium. Property rates also increased by 10%to reflect significant LMCIT losses from the extensive claims across the State last year. 2. Liability coverage is based on a calculation by the LMCIT of certain expenditures in the City's budget. The LMCIT rates decreased by 13%to help offset the increase in property. However, Eagan for the first time paid an 11% surcharge for Land Use Liability claims coverage. 3. Auto physical damage rates increased by 2%due to hail damage claims from last May, again across the entire system, and Eagan has five more vehicles covered in the renewal quote. 4. The crime coverage increase reflects the addition of one more site,that being Cascade Bay. 5. The increase in the Inland Marine coverage results from a higher value of equipment being covered. • Staff again evaluated the costs of obtaining excess liability coverage; however, the premium remains very high and staff recommends against purchasing this coverage. Because of the high costs, the City has not purchased excess liability coverage in recent years. • Various other deductible levels were also reviewed,however there is no financial incentive to change from the $25,000/$75,000/$1,000 levels currently in place. Agenda Information Memo July 20, 1999 Eagan City Council Meeting D. AMUSEMENT DEVICE LICENSE RENEWAL, AMERICAN AMUSEMENT ARCADES ACTION TO BE CONSIDERED: To approve an amusement device license renewal for American Amusement Arcades as presented. FACTS: • City Code provides for the licensing of amusement device providers on at least an annual basis. Staff is in receipt of an application from American Amusement Arcades requesting renewal of their amusement device license. • The application has been reviewed by City staff and is in order for consideration by the Council. Agenda Information Memo July 20, 1999 Eagan City Council E. FINAL PLANNED DEVELOPMENT (LOT 1. BLOCK 2. OAKVIEW CENTER)-HOLIDAY STATIONSTORES,INC.) ACTION TO BE CONSIDERED: • To approve a Final Planned Development to allow construction of a 5,088 square foot convenience gas and retail store on Lot 1, Block 2, Oakview Center,north of Hwy. 55 at Hwy. 149 in the NW 1/4 of Section 12. FACTS: • The Oakview Center Preliminary Planned Development was approved in 1998 and consists of eight lots with a variety of commercial uses. The final plans for Lot 1, Block 2,have been reviewed and found to be consistent with the approved preliminary plans. • All documents have been signed and are in order for execution at the regular City Council meeting on July 20, 1999. ATTACHMENTS Site Plan, page 16 NVId 31lS • ril 11 .111111 frn ,, �i �. r '�L+ �•�y � i�: � � s � ! � �� Sar '} �isGlfi tLrQ'e °��'� Zi y— j 4f 8 is l'� Y - L. ■ D ' !@ jpR.1 a� i S3 bwYc g a D Y aspic �A! /!� j �B8s } =t a = - q a_ia kk* t 1! a 8 ilia, CL • _! d�4 s o r L ; jig SY yiz r i° 6} m y1 �iER�r ''- •ae W ... ------------ k_ i fiQ + 1 is Joe • t �, ►� n i t� Y 1 I 1 ; • � t � ' i1�1J v • 1 z s i(i ter••. � ;1 ; : i .•R..e t t y 1 i 1 C t • 1 1 � 1 1 w C 1 • i�-I •�� ' ; i �y '� I'I '' 8 � • a an nmww mai•ew ii i i i• •r., 7 fil 17 1 Agenda Information Memo July 20, 1999 Eagan City Council Meeting F. FINAL PLANNED DEVELOPMENT AND FINAL PLAT (GOPHER- EAGAN INDUSTRIAL PARK 6th ADDITION)—GOPHER RESOURCE CORPORATION ACTION TO BE CONSIDERED: ➢ To approve a Final Planned Development to allow the following future buildings and/or building additions upon a 22.9 acre site located north of Yankee Doodle Road and west of T.H. 149 upon property currently platted as Lot 1,Block 2 and Outlot F, Gopher Eagan Industrial Park 2"a Addition(within the SW '/4 of Section 12): ➢ To approve a Final Plat(Gopher-Eagan Industrial Park 6th Addition) establishing a single 22.9 acre parcel. FACTS: Originally approved in 1976, the Gopher-Eagan Industrial/Residential Park Planned Development specified only that the subject property is to be devoted to industrial use. ➢ The current development proposal is for a 32,000 square foot hygiene/office building to be located on the site that has various warehouse buildings and the main Gopher Resource building. ➢ Because the original Planned Development did not include specific site or development plans, this Final Planned Development will provide the City with a means to document existing and anticipated needs and corresponding parking. ➢ Due to the potential for a future parking area to encroach off of Lot 1, Block 2 into Outlot F, it is necessary for the two parcels to be replatted into a single parcel. ➢ The Final Planned Development Agreement is expected to be in order and have been executed. ATTACHMENTS (6) Site Location,page Final Plat drawing, page Master Site Plan,page OU Hygiene/Office Building Site Plan, page Hygiene/Office Building Landscape Plan, pa e _ Hygiene/Office Building Elevations, pages and �U oil z ►�INro ®lo D©ifi 01, o�►`i� ` Ing III ■ ��■ WAG 1111 !.v NOUN - in lid► �� I■rApplication: Final Planned Devel Int :1`� r Development/Developer. Gopher Resources Case No.: 12-FD-04-06-99 612 424 5822 Sent By: LOUCKS & ASSOCIATES, INC. ; 612 424 5822; Jul-15-99 8:57AM; Page 2/2 ,. •� __ .-- --- �_ 1 i�_ (7 C� lig 1, 1= •C ,C� 1 a �� I i CL NCO C 3 1- Fr a I : _J M ` rL .� — — av { 3i pOL1N10dtlOJ�'Jtlf10C�1!liWC�D YUM b NVIdIUSWnld3ONO'J/a3SOdOH{J (,) 16j � g � 3OdfiOS3li d3Hd0lp IL p n7 .. .... ...IM ... / N• _ ► / ,:. 1? r 1 i ;.G�� ••moi. t;.. vt�'^' •p�•a. — � %/ mom tevLj—-i % I i .5 .«<••' PPP I ! � c;2/ y a 11JIMIli ` 1 A /\/1 AAII %Aln � �I<r-f- ^T `�A � �I ��n /�1r-�/� [) n 11 L)/\ nig a�CJ-t. C1-\7-�J, IVIIL.vvnvr�L_L, L.I\�// �V ._..... X28.2T41'lf r� 80447 :tctl�lrlHill I..` j - , el, \ 4/1 I i 1 \ i M sill R�,a yy2 i a 6 g $ gZvi�� Z T I � o r n Rp moll, hill t � t IJill �iI !P 4i39i1 ? [�e� tP s lI W Du ts BID J //�i��/1,1\ !o I � t�� 1 L J 6661 W99 :11 62 unp anj 6Mp*11\6Mp\peo\pd\sa3,mosad Jagdog Lb1-66\s13a1oJd 6661\sand qor\ :s i� l BOO mmLa ULONOO M30"n b=; < 4; Zi �* CIi07f1Y QJVNlA p-MMMOdtl003JNf10QiilUMUM • 91 SWLLVA3l3 HOW3DG ! Q { { iCll y 4[�fi11 y 11 .. .... 1 I -,I 3 II AN _yl II 11 11 II 11 _JI u II 11 _JI 11 .:::..W. 11 II ' 11 ..... .... 11 _ JI II 11 11 II 11 • _�I I • ii ii I � II YI II I � rt II 11 II 11 I r Al _{I ---I 1 ........ ................ Jy I I i .. 11 11 I -JI II II r ii G r ♦``f r 11 ii OJT` -lJ 4 1'x...11.•fiff�;,a.4 11 M a-- II II II II 11 � n 11 4! n 11 1 11 11 o} 11 II -ll II � II II _ 11 11 II V II � II II ii V II 11 - V -til II II II 11 _JI II II y 11 II II 11 II -li u 2 II I II s II < 1 11 II T 11 ' 1 �}° --r-J I d• ��II LL I 1 ° Y�r(1 tet.. ��t. .4 � r11�IW•1Qiaia f;. _-P P• . vamw4mn W49" �bil _ __� ; !� ' s!�(� OtN07fl6�+10-NoMmodUoo>iJtlf106i�1�++ as = i 6��" ' s Q sNouvn313 aoia31)(3 i y r i O— II V II n 11 II NQ 61 II I II I v M 11 _JI I gall I -=11 I 0-�— I -yl II I 11 I , 11 , n , II JI � II , II , II , 11 11 I 11 I 11 , II II , II , 11 , u 11 Y Y L til o- I I 1 II I I It I II (�}�J�hy❑ � � I I I V -I I) II I 1 I n 1 I li o- II r ; II I II I 1 II I 11 I I II ______L_yl •.. I I II I II 1 I 11 1 II I n I I 11 1 /--- ------r-y.l i I , 11 m I I JI I II W I 1 I , 11 Agenda Information Memo July 20, 1999 G. ATLANTIC HILLS DRIVE "_`NO PARKING" SIGN PETITION ACTION TO BE CONSIDERED: To receive the petition and approve/deny the installation of "No Parking" signs on the cul-de-sac at the east end of Atlantic Hills Drive. FACTS: • On June 25 1999 City staff received a petition from Paul Gerlach, 547 Atlantic Hills Drive, and 4 of his neighbors, (residents representing 5 properties)requesting the installation of"No Parking"signs on Atlantic Hills Drive, at the east cul-de-sac. • The reason for the request is to discourage the following activities: dumping of trash in the public right-of-way, drug use and teen smoking in parked vehicles, underage use of alcohol, and overnight sleeping in vehicles. • 5 of the 6 property owners nearest to the cul-de-sac with access to Atlantic Hills Drive have signed the petition requesting the signs. • The cul-de-sac bulb is surrounded by vacant land; electrical overhead powerline to the north, prairie grassland with bituminous trail to St. Thomas Beckett Catholic Church to the east, and a lake to the south. • Lakeside Park is a neighborhood park near the cul-de-sac, approximately 300' to the west. There are no designated sports fields within the park and adjacent on-street parking appears to be adequate for the recreational uses at the park. • This request has been reviewed by Engineering, Police, and Parks and found to be in order for favorable Council action. ATTACHMENTS: • Location Map,page • Petition Request,page 0 . c26 « z i �r WA kL r j CD c � orural map IT 1 11" • Lr-s � � FOIRI 'JLY DATE RECEIVED JUN 2 5 DATE PRESENTED 7- 20- 99 _city of aagan TO COUNCIL APPROVED O DENIED O PETITION NO PARKING SIGNS I/We, the undersigned hereby petition the City Council of the City of Eagan to install No Parking Sign on Cul-)E-.mac. 0&', I/We, request this installation for the following reasons: 1. �f-x's 4 76W ' e41-� - � s� 2• N S� o� E04 ,S 3. J/ft C x,E 01c Cal-j&-SA, AJ1odt1,' #s E 0 f A-Ic o Xo 6 *44 4. 40,_, 4,©Cc�s�0A1 Lt// ..�1.� Tom. N,� /►,gd€ 5X A AW I/We, request that the City Council take this petition request under considbrbtion at its earliest opportunity. NAME (Please RrInt and Initial) ADDRESS L sty �lrWk J11s 2. Geos Ileane e7Z-v P11c 61,11, AP .S`z5-? .5 i` 4,a77-c_ 4. , 512 L A 5. KO•' & j,�JQ �-(% I —��T-- 6. 7. 8. 9. 10. Agenda Information Memo July 20, 1999 H CONTRACT 99-12*SILVER BELL ROAD STREET & TRAFFIC'' SIGNAL IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 99-12 (Silver Bell Road— Street and Traffic Signal Improvements) and authorize the advertisement for a bid,opening to be held at 11:00 a.m. on Thursday,August 12, 1999. FACTS: • Contract 99-12 provides for the reconstruction of Silver Bell Road between Trunk Highway 13 and Kennebec Drive (Project 740), the relocation of the traffic signal loop detectors at the intersection of Heritage Lane and Yankee Doodle Road (Transport America Headquarters Addition), and the relocation of the traffic signal loop detectors at the intersection of Galaxie AvenueBlackhawk Road and Cliff Road(Traffic Management). • On March 16, 1999, the City Council held a Public Hearing for Project 740. After hearing presentations, the council approved the project and authorized the preparation of detailed plans and specifications. • The modifications to the signal system at Yankee Doodle Rd. and Heritage Lane were a condition of Final Plat approval for the Transport America Headquarters Add. approved by Council action on Dec. 15, 1998. • The modifications to the approach lanes and signal system at Cliff Rd. and Galaxie Ave. are proposed by City and County Staff for better traffic management for safety and turning movement efficiencies. • Because of their construction similarities and economies of scale theory, these projects have been combined under one contract for bidding purposes. 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. c;;?P9 Agenda Information Memo July 13, 1999 City Council Meeting I. ACCEPTANCE of LCTS grant for Youth at Risk Programs FOR COUNCIL ACTION: To accept a $25,000.00 grant award from the District 196 LCTS (Local Collaborative Time Study) for expansion of youth development programs at Wescott. FACTS: ■ The youth development program at Wescott has been in place for 5 years and has grown in both its scope of services and the number of youth and families participating. ■ The areas in need of expansion are pre-school/extended kindergarten, after school and evening programs, and the teen mentorship program. ■ The LCTS grant funds will allow us to hire additional program staff and extend hours to accommodate the growth of the program over the next 18 months. CONCERNS: None ATTACHMENTS: Notification of grant award memo -P dpve 3 3� Family Services Collaborative Independent School District 196 7500 Whitney Drive Apple Valley, Minnesota 55124 612-431-8360/ Fax 612-431-8365 "Our mission is to bridge all Co-chairs community services with families Marge Gruenes to offer optimal support with Ram Singh minimal intrusion." Date: July 1, 1999 To: Loudi Rivamonte, Eagan Park and Recreation From: Alicia M. Sallie, Integrated Services Coordinator Subject: LCTS Funding Application Thank you for your interest in facilitating strong families and school success through the Local Collaborative Time Study (LCTS)funds administered through the ISD 196 Family Services Collaborative(FSC). On behalf of the LCTS Funding Committee and the ISD 196 FSC, I would like to congratulate you and your program. The committee has voted to partially fund your proposal,Wescot Center Youth Development Expansion, for the amount of$25,000. The process for receipt of the funds is as follows: • Per you request, you will receive$8,500 immediately(enclosed). • You will receive the remaining$16,500 after a progress report is received. The due date of this report will be January 1,2000. 1 will contact you about the specifics of this report. After reviewing your application,the committee had a few areas in which they had questions or wished to offer input: ♦ The committee was concerned about space for preschool program, and the adult to student ratio. The committee felt the program is greatly needed and appreciated the level of collaboration. Once again, congratulations. I look forward to hearing about the positive outcomes that will result because of this additional service. As always, if you have any questions, do not hesitate to call me at($12)431-8360. Sincerely, Alicia M. Sellie Integrated Services Coordinator enclosure: check cc: Marge Grvenes, Ram Singh Together we create a future that supports and nurtures the well-being of all families. Serving Apple Valley, Eagan,Rosemount, Burnsville,Inver Grove Heights;Lakeville, Coates,and Empire and Vermillion Townships III i Agenda Information Memo July 20, 1999 City Council Meeting APPOINTMENT of Eric MacBeth to the Gun Club Water Management Organization (WMO) and as an Alternate to the Blackdoi Water Management Commission (WMC) FOR COUNCIL ACTION: To appoint Eric MacBeth, Water Resources Coordinator, to the Gun Club WMO and as an Eagan representative to the Blackdog WMC as an alternate. FACTS: ■ The City of Eagan has had a representative on the Gun Club WMO. ■ In the past, the Water Resources Coordinator has served in this capacity. ■ It would be appropriate to continue the continuity of the City's representation to the Gun Club WMO. ■ Tom Colbert has been the alternate to the Blackdog WMC. Eagan has a very small area within this WMC CONCERNS: None ATTACHMENTS: None 3:2- i Agenda Information Memo July 20, 1999 Eagan City Council Meeting K. EXEMPTION FROM LAWFUL GAMBLING LICENSE,DUCKS UNLIMITED TO CONDUCT A RAFFLE ON SEPTEMBER 21, 1999 AT ROYAL CLIFF, 2280 CLIFF ROAD ACTION TO BE CONSIDERED: To approve an exemption from the lawful gambling license for Duck's Unlimited to conduct a raffle on September 21, 1999 at Royal Cliff. FACTS: • Staff is in receipt of an application from Duck's Unlimited for this exemption due to the group's nonprofit status. The application has been reviewed by staff and is in order for consideration by the City Council. ATTACHMENTS: • Resolution attached on pages 34'tiw@ttg+' • Application enclosed without page number. 33 RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE WHEREAS, Ducks Unlimited has applied for an Exemption from Lawful Gambling License; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling License for Ducks Unlimited to conduct a raffle on September 21, 1999 at Royal Cliff, 2280 Cliff Road. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20`h day of September, 1999. E. J. VanOverbeke, City Clerk Agenda Information Memo July 20, 1999 Eagan City Council Meeting PUBLIC HEARINGS A. FOREST RIDGE MULTIFAMILY HOUSING REVENUE REFUNDING BONDS ACTION TO BE CONSIDERED: To approve or deny the resolution authorizing the issuance and sale of Multifamily Housing Revenue Refunding Bonds, Series 1999A and taxable Multifamily Housing Revenue Bonds, Series 1999B, establishing the security therefor and authorizing the execution of documents. FACTS: • The City has been contacted by representatives of the Forest Ridge apartment complex about a refinancing of the project. • The City issued $10,905,700 in bonds in 1985 for the original construction of these apartments. • The City issued$10,740,000 of bonds in 1989 to refinance the original 1985 issue. • The applicant is now proposing that the City issue $10,015,000 to refund the outstanding balance of the 1989 issue plus an additional amount of up to approximately$2,500,000 to finance improvements to the project, fund necessary reserves, and pay additional costs associated with the project and the financing. • As has been the case, the proposed new bonds will be payable solely from revenues of the project and other security provided by the borrower. The City is not liable in any way for the payment of the bonds. • The City's bond counsel, Steve Rosholt, of Faegre&Benson will continue to review the required documents on behalf of the City. • At the regular City Council meeting held on June 15, 1999 a public hearing was scheduled for July 20, 1999. • Notice of the public hearing was published in the City's legal newspaper on June 24, 1999. • Representatives of the applicant will be at the meeting and available to make a presentation or to answer questions. ATTACHMENTS: • Enclosed on pages and is a copy of a letter from the applicant's bond counsel explaining the transaction. • Enclosed on pages�'a through 41is a copy of the resolution. 3T Q 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 W (612) 337-9300 telephone (612) 337-9310 fax C H c R T E R EJ/ o http://,Aww.kennedy-graven.com BRUCE M.BATTERSON Attorney at Law Direct Dial: (612)337-9259 Email: bbattersonC kennedy-graven.com Fax: (402)791-3061 July 9, 1999 Gene Van Overbeke City Clerk-Treasurer City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1810 RE: Multifamily Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage Loan — Forest Ridge Apartments Project), Series 1999A, and Taxable Multifamily Housing Revenue Refunding Bonds, (GNMA Collateralized Mortgage Loan —Forest Ridge Apartments Project), Series 1999B Dear Gene: Enclosed is a form of resolution approving the issuance of the above-referenced Bonds, to be considered after the public hearing on July 20. These two series of bonds are being issued to refund the City's Multifamily Housing Revenue Refunding Bonds (Forest Ridge Apartments Project — FHA Insured Mortgage Loan), Series 1989 , which were issued to refinance Forest Ridge Apartments, located northeast of the intersection of Denmark and Duckwood Roads in the City. Proceeds of the two series will be used to redeem the Series 1989 Bonds and to finance certain improvements to the Project and costs of issuance of the Bonds. The bonds are payable solely from revenues of the Project and other security provided by the Borrower, as described below. The City is not liable in any way for payment of the Bonds. Issuance of the Bonds does not affect the City's ability to issue other bonds for City purposes, and does not affect the City's credit rating. The Bonds will be secured by the GNMA Security, which is payable primarily from the Borrower's repayment of an FHA-insured mortgage loan on the Project. The GNMA Security will be guaranteed as to timely payment of principal and interest by the Government National Mortgage Association ("GNMA"). On the basis of the GNMA guaranty, the Bonds are expected to be rated "Aaa" by Moody's. The Bonds will be purchased by U.S. Bancorp Piper Jaffray Inc. (the "Underwriter") and offered and sold to the public. 31c/;� Gene Van Overbeke July 9, 1999 Page 2 of 2 We believe the resolution is in the proper form for adoption by the Council. Adoption of the resolution after a public hearing is the only action required to authorize the issuance of the Bonds. A representative of the Borrower and someone from our office will attend the July 20 meeting. In the meantime, please feel free to call me if you or any Council members have any questions. Very truly yours, Bruce M. Batterson BMB. a Enclosure cc: Stephen C. Rosholt BMB-165653 BU155-90 3 CERTIFICATE AS TO RESOLUTION I, the undersigned, being the duly qualified and acting recording officer of the City of Eagan, Minnesota (the "City"), hereby certify that the attached resolution is a true copy of Resolution No. entitled: "RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED MORTGAGE LOAN — FOREST RIDGE APARTMENTS PROJECT), SERIES 1999A, AND TAXABLE MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED MORTGAGE LOAN — FOREST RIDGE APARTMENTS PROJECT), SERIES 1999B, ESTABLISHING THE SECURITY THEREFOR AND AUTHORIZING THE EXECUTION OF DOCUMENTS" (the "Resolution"), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Council of the City following a public hearing on the issuance of the Bonds at a regular meeting on July 20, 1999, and that the meeting was duly held by the City Council and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Council Members voted in favor thereof: and the following voted against the same: WITNESS my hand officially as such recording officer this day of August, 1999. City Clerk-Treasurer 33' CITY OF EAGAN, MINNESOTA RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED MORTGAGE LOANS — FOREST RIDGE APARTMENTS PROJECT), SERIES 1999A, AND TAXABLE MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED MORTGAGE LOANS — FOREST RIDGE APARTMENTS PROJECT), SERIES 1999B, ESTABLISHING THE SECURITY THEREFOR AND AUTHORIZING THE EXECUTION OF DOCUMENTS BE IT RESOLVED by the City Council of the City of Eagan, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City has heretofore issued its Multifamily Housing Revenue Refunding Bonds (Forest Ridge Apartments Project—FHA Insured Mortgage Loan), Series 1989 (the "Prior Bonds") pursuant to an Indenture of Trust, dated as of August 1, 1989 (the "Prior Indenture"), between the City and First Trust National Association (now U.S. Bank Trust National Association), as trustee (the "Trustee"). 1.02. The proceeds of the Prior Bonds were loaned to Forest Ridge Partnership, a Minnesota general partnership, to refund the City's Mortgage Revenue Bonds, Series 1985 (FHA Insured Mortgage Loan —Forest Ridge Apartments Project) (the "Series 1985 Bonds"), originally issued to finance a Project consisting of the acquisition, construction and equipping of a 252-unit multifamily rental housing facility known as Forest Ridge Apartments, located northeast of the intersection of Denmark and Duckwood Roads in the City (the "Project"). Forest Ridge Partnership has reorganized as Forest Ridge, L.L.P., a Minnesota limited liability partnership (the "Borrower"), and the Project is owned and operated by the Borrower. 1.03. The Prior Bonds are now outstanding in the principal amount of $10,015,000. Under the terms of the Prior Indenture, the Prior Bonds are subject to redemption and prepayment on and after September 1, 1999. 1.04. The Borrower has requested that the City issue its Multifamily Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage Loan — Forest Ridge Apartments Project), Series 1999A (the "Series 1999A Bonds"), and its Taxable Multifamily Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage Loan — Forest Ridge Apartments Project), Series 1999B (the "Series 1999B Bonds" and together with the Series 1999A Bonds, the "Bonds") under the Act and lend the proceeds thereof to the Borrower, which will agree to apply BMB-165652 2 BU 155-90 39 such proceeds to redeem the Prior Bonds in whole and to finance certain improvements to the Project and costs of issuance of the Bonds. 1.05. As required by Section 147(f) of the Internal Revenue Code of 1986, as amended, this Council conducted a public hearing on July 20, 1999, on the proposal to issue the Bonds to refinance the Project. 1.06. Forms of the following documents relating to the Bonds have been prepared and submitted to the City Council: (a) an Indenture of Trust (the "Indenture"), between the City and the Trustee, whereby the City prescribes the terms and conditions for the issuance of the Bonds; (b) a Loan Agreement (the "Loan Agreement"), among the City, the Borrower, the lending institution named therein (the "Lender"), and the Trustee, whereby the City will apply the proceeds derived from the sale of the Bonds to refund the outstanding principal of the Prior Bonds and to pay or reimburse the Borrower for the payment of costs of improvements to the Project and costs of issuance of the Bonds; the Lender will make a Mortgage Loan (the "Mortgage Loan") to the Borrower, to be evidenced by a promissory note (the "Mortgage Note") of the Borrower, secured by a mortgage lien (the "Mortgage") on the Project to be insured by the Federal Housing Administration ("FHA"); the proceeds of the Mortgage Loan will be deposited with the Trustee to pay the costs of acquisition of the GNMA Security described herein; and upon endorsement of the Mortgage Loan by the FHA, the Lender is to issue and deliver to the Trustee, as security for the Bonds, a security (the "GNMA Security") issued by the Lender and guaranteed as to timely payment of principal and interest by the Government National Mortgage Association ("GNMA"); (c) a Bond Purchase Agreement (the "Bond Purchase Agreement"), among the City, the Borrower and U.S. Bancorp Piper Jaffray Inc. (the "Underwriter"), whereby the Underwriter agrees to purchase the Bonds; (d) a First Amendment to Amended and Restated Financing and Regulatory Agreement (the "Regulatory Agreement Amendment"), between the City and the Borrower, amending the Amended and Restated Financing and Regulatory Agreement, dated as of August 1, 1989, relating to the Project. Section 2. Findings. It is hereby found and determined that the City is authorized by the Act to issue the Bonds and it is in the public interest that the City issue the Bonds under the terms and conditions specified in the Indenture. The issuance of the Bonds, the refinancing of the Project and the financing of improvements to the Project are hereby approved for all purposes of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended. As provided in the Indenture, the Bonds are and shall be special, limited obligations of the City. Neither the full faith and credit nor the taxing power of the City is or shall be pledged to payment of the principal of, premium, if any, or interest on the Bonds. The principal of, premium, if any, and interest on the Bonds shall be payable solely from the sources specified in the Indenture. No Bond or any BMB-165652 3 BU 155-90 D provision of any other document relating thereto shall be at any time construed to constitute an indebtedness or obligation of any sort of the State of Minnesota or Dakota County. Section 3. Authorization and Approval. 3.01. It is recognized that as of the date of adoption of this Resolution, the precise interest rates, maturity dates and amounts, and redemption dates and prices of the Bonds have not been finalized. Therefore, the Mayor and City Clerk-Treasurer of the City are authorized to approve those details of the Bonds, without further action by this Council, provided that (i) no coupon interest rate on the Series 1999A Bonds shall exceed 6.00% per annum; (ii) the aggregate principal amount of the Series 1999A Bonds may not exceed $10,015,000; (iii) no coupon interest rate on the Series 1999B Bonds shall exceed 8.00% per annum; and (iv) the aggregate principal amount of the Series 1999B Bonds may not exceed $2,500,000. The execution and delivery of the Bonds shall be conclusive evidence of the approval of such interest rates, maturity dates and amounts, redemption dates and prices, and the purchase price of the Bonds. 3.02. The forms of the Loan Agreement, the Indenture, the Regulatory Agreement Amendment and the Bond Purchase Agreement are hereby approved. When the details of the Bonds have been finalized pursuant to Section 3.01, the Mayor and City Clerk-Treasurer are hereby authorized and directed, in the name of and on behalf of the City, to execute and deliver the Loan Agreement, the Indenture, the Regulatory Agreement Amendment and the Bond Purchase Agreement in substantially the forms on file with the City, but with all such changes therein as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. The documents shall be dated as of the first day of the month in which the Bonds are issued. 3.03. The Bonds, in substantially the forms prescribed by the Indenture, shall be executed by facsimile or manual signatures of the appropriate officers of the City and shall be delivered to the Trustee for authentication and for delivery to The Depository Trust Company in New York, New York, on behalf of the original purchasers of the Bonds, or of the Underwriter, upon receipt by the Trustee of the purchase price specified in the Bond Purchase Agreement. 3.04. The City consents to the use by the Underwriter, in accordance with applicable- securities laws and regulations, and authorizes preparation and distribution of a Preliminary Official Statement and an Official Statement or other disclosure documents meeting the requirements of applicable federal and state securities laws. The City has not participated in the preparation of any offering materials, has not made an independent investigation with respect to the information contained therein, and assumes no responsibility for the accuracy or completeness of the information contained therein. 3.05. The officers and employees of the City are hereby authorized and directed to do all acts and things, and to execute all documents necessary in connection with the issuance of the Bonds. If the Mayor or City Clerk-Treasurer is absent or unable to execute any document herein authorized to be executed by either or both of them, such document may be executed by the acting Mayor or by the deputy or assistant City Clerk-Treasurer. The approval hereby given to the form of any document shall include such additions and amendments thereto or deletions therefrom as the officers executing such document on behalf of the City may find necessary or BMB-165652 4 BU 155-90 desirable, and the execution of any document by an officer of the City shall be conclusive evidence of its approval and authorization hereunder. The Mayor, the City Clerk-Treasurer and other officials and employees of the City are authorized and directed to prepare and furnish to the Underwriter and to Bond Counsel certified copies of all proceedings and records of the City relating to the Prior Bonds and the Bonds, as they appear on the books and records of the City. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 3.06. The Trustee is hereby authorized in the name of the City to make such investments or purchase such securities as with the approval of the Borrower, the Underwriter, and Bond Counsel are necessary and appropriate to effect the defeasance and refunding of the Prior Bonds as provided in the Indenture. ADOPTED: July 20, 1999 Mayor Attest: City Clerk-Treasurer BMB-165652 5 BU155-90 9 .2 i Agenda Information Memo July 20, 1999 Eagan City Council Meeting B. PROJECT 749,HWY 55 SO FRONTAGE RD ACTION TO BE CONSIDERED: Reaffirm/Modify Project 749 (Hwy 55 South Frontage Rd.—Reconstruction). FACTS: • Project 749 provides for the reconstruction of the frontage road located on the south side of Hwy 55 east of Hwy 149. This frontage road is under the jurisdiction of MnDOT and qualifies for state funding participation. • On May 4, the City Council held a Public Hearing and approved this project with the condition that the frontage road's connection to Hwy 55 on the east end be removed and replaced with a cul-de-sac. In addition, the Council stipulated that any future access from the proposed Windsor Estates multiple development be restricted from accessing the frontage road and that it should be taken directly to Hwy, 55 at the current location of the frontage road intersection. • On June 15, the City Council received correspondence from MnDOT informing the City that the State will not allow the Windsor Estates development to take direct access to Hwy 55 due to sight distance safety considerations. Also, because the frontage road lies within their right of way and falls under their jurisdiction, they would require that the development access the frontage road directly. This frontage road access would also be required to receive MnDOT's plan approval and financial participation. Subsequently, the City will not be able to proceed with the improvement as originally approved at the May 4 public hearing. The City Council then directed staff to schedule a new public hearing for July 20 and to notify the entire Selmark, Burview, and Harvey Add. neighborhood because of the potential impact any modification may have on the neighborhood traffic patterns and/or right of way acquisition. Notices were published in the legal newspapers and mailed to every property owner informing them of this reconsideration hearing. • When the Hwy 55 and 149 access management plans were discussed at several informational neighborhood meetings during the previous months, two different alternatives were created affecting the frontage road's access to Hwy 149 and/or 55. In approving Project 749 on May 4,the Council approved Alternate#1 that retains the access to Hwy 149 only, with the east end terminating in a cul-de-sac. Due to the concerns of the property owners along the frontage road regarding the increased traffic resulting from the proposed Windsor Estates, optional development access drive locations to Chapel Lane were also identified. This optional access to Chapel Lane would require the acquisition of private property, which the developer is willing to do with assistance from the City, if necessary. �2 it • City Staff have prepared a fact sheet of advantages and disadvantages of the various options and alternatives for Council's consideration. Representatives of the Schaaf family have met with staff to discuss their concerns and copies of their letters are enclosed. ISSUES: • The condition of the frontage road has structurally deteriorated to the point that it should be reconstructed in the immediate future and definitely before any additional significant traffic volumes are added to it. • The combination of the future access restrictions along Hwy 149 and 55 combined with the development of the remaining vacant land in this area can have different impacts on different areas of the existing neighborhood in both the short and long term depending on the alternative and option ultimately approved. It is extremely difficult to find a solution that doesn't impact somebody and is yet acceptable to everyone. ATTACHMENTS: • Letters,pages-9 through . • Support photos, enclosed without page ber. • Staff analysis,pages through • Layout map alternatives, enclosed without page number. � y July 8, 1999 To: Mayor Awada & Council Members From: Roger and Lois Schaaf Owners of Lot 1&2 Burr-view Acres Addition RE: Proposed Windsor Estates We would like to express some reasons why we are opposed to the private road to Louis Lane and Hwy 55 through the southern property of Schaaf Construction and along the northern property line of lots 1, 2, and 3 of Burrview Acres Addition. • Addition of the proposed road would give us roads on three sides of our property, with an estimated 700 cars a day from Windsor Estates. The traffic would be on a 24 hour a day basis depending on Windsor Estates' residents work schedules and habits. We believe all residents in Eagan should have a portion of their yard with a degree of privacy, which normally is your back yard. Also, we feel this would decrease the value of our land for future sale. • There are fifty evergreen trees that would have to be removed that are thirty feet or more in height. They were planted by the previous owner and Schaaf Construction, of which I am 1/6 owner, for a buffer to the adjoining property. More important to the buffer they afford to the adjoining property is the buffer they provide for the traffic noise of Hwy 55 since the trees have matured. • Also there is a large warehouse on the Schaaf Construction property that we are sure would not meet the City set back requirements. • We don't believe Eagan should be condemning private property to put in a private road for the developer's benefit. I am enclosing phat0s ofthc affected trees from different directions on the path of the proposed road in relationship to Schaaf Construction warehouse and our building. (The direction the pictures were taken is on the back of the pictures.) If possible I would like to have them projected on the screen for the audience to see. Since r y, Roger& Lois Schaaf 515 Chapel Lane Eagan, MN 55121 651-454-1964 Note: This letter may be of interest to the Engineering Dept. and we have no objection to their access to the letter and pictures. �s JUL. -14' 99 (WED) 09 .04 SNELLING CHRISTENSEN& LADE TEL:612927, 542) P- 002 SNTI.UNG, CMUSTENSEN & LAu E,PA. ATTORINZY5 AT LAM' RONALD L ffNULIDTG SUITE 400 Or CouYSA JOSETE J.GERI9TRNSLN•• 6101 VER.KOY AVR.VNL 30 LITH MAirs G Guarano: ILI:NWZ LPOL1S.?UNXMOTA 53438 xQazsaTil�t-E. .. JUL N.XORLLLR TELLl80NB(—e997-8855 •RxAL Psomay Law Srsc Lm C TO®BY XDMr =&STA YAC3U ILH 1912!927-5427 B&B A390CL+TWx •ALo ADMir=Jx wucox=w July 14, 1999 V-U &EAND FIRST CLASS RAM Honorable Mayor and City Council City of Eagan 3830 mot Knob Road Eagan, MN 55122 Re: Windsor Estates Access Issues Dear Mayor Awada and Council Members: Our offices represent the Schaaf family members who are the owners of the property located immediately easterly of the tract which is the subject of the Windsor Estates development proposal. This letter is being submitted on behalf of our clients in connection with the public hearing to be held by the City Council on July 20, 1999 to consider access issues pertaining to the Windsor Estates development proposal. On behalf of the Schaaf family, we are writing to make a formal record of our client's opposition to the placement of a public or private street across the Schaaf family property to provide access to the Windsor Estates development. The Schaaf s will not voluntarily grant any such access and will vehemently oppose any taking to provide such an access for the following reasons: 1. The Schaaf family is adamantly opposed to the installation of either a public or private driveway across their property to provide access to the Windsor Estates development. For many years the Schaaf s have operated their contracting business from their property and intend to continue to do so for the foreseeable future. A driveway through that property to accommodate the Windsor Estates development would be inconsistent with the Schaaf s present and intended future use of their property and would raise a variety of additional issues including potential liability problems. 2. It would be inappropriate for the City of Eagan to attempt to use condemnation powers to acquire a portion of the Schaaf s property to accommodate a private driveway serving the Windsor Estates development. The Windsor Estates site is 6129275427 => CITY OF EAGAN ,TEL=6516814612 07/14199 09:08 JUL. - 14' 99 (WED) 09 :05 SHELLING CHRISTENSEN& LAUE TEL: 61292'542" P. 003 The Honorable Mayor and City Council July 14; 1994 Page 2 currently designated under the comprehensive plan as D-III ; Mixed Residential (6-12 uniLutacre). The proposed development density is near the' upper end of this range. However, the developer has no right to insist on a patddc iar development density within that range and the City may, for proper health, safety and public welfare reasons, impose a lower density limitation. Since the projected traffic generated by the development as proposed will apparently exceed the capacity of the local roadway system, the City should restrict the development density to a level which can be accommodated by the existing roadway system. There is no "public purpose" to permitting higher densities >b�aaf. accordingly, there is no p required foto ublic rapport higher e" to justify a condemnation across the property to allow access densities. 3. Even if an access across the Schaaf property were obtained, the traffic issues resulting from the development as proposed would not be solved. The access across the Schaaf property would connect to the short existing alleyway connecting Chapel Lane to Highway 55. This alleyway is not presently opened and maintained as it public street, nor should it be. In 1970, the Scbaaf fiunily did grant a 33' street easement to the City for this alleyway. In return for the street easement, the City agreed :that the alleyway would not be upgraded until such time as the Schaaf s requested such an upgrade. No such request has been made and, accordingly, the City is prohibited from upgrading the alleyway under its 1970 contract with the Scbaaf s. By letter dated May 11, 1999, to Mr. 'Thomas Colbert, I furnished MI. Colbert with copies of the documents in which this contractual arrangement is reflected. 4. A driveway across the southern end of the Schaaf property would not meef the iiiinimum spacing criteria (aa measured from Chapel Lane) established under the City ordinance which calls for a minimum of a 180' offset. This could also have the effect of converting Chapel Lane and the existing 33' alleyway into collector streets rather than local streets and is contrary to the spirit and intent of the City's ordinances and comprehensive plan- a. The only portion of the Schaaf property over which such a private driveway soul&be located is presently covered with several large trees which would be destroyed by the installation of an access drive. This would eliminate a natural buffer which has been in existence for many years between the Schaafs contracting business and the single family homes located along Chapel Lane immediately to the south. This destruction "of trees would also be contrary to the spirit and intent of your ordinance provisions calling for screening of business uses from adjoining single family uses as well as the'Tree Preservation Ordinance. 6. The City ordinance requites certain set backs from private driveways as well as public streets. If such a road is placed across the Schaaf property, the property 6129275427 => CITY OF EAGAN ,TEL=6516814612 07/14'99 09:09 JUL. -14' 99 (WED) 09:05 SNELLING CHRISTENSE:N& L.AUE TEL:6129275427 P. 004 The Honor&le Mayor and City Council July 14, 1999 Page 3 adjoining both sides of such a roadway (including the single family homes to the south) would be negatively affected and damaged by these set backs. 7. As stated above, the Schaaf property is used for the operation of*thci Schaaf family's contracting business. In connection with that contractingbusiness, large and dangerous construction equipment is commonly located on 'the property and is frequently moved onto and off of the property. The large additional volume of traffic which would be generated by the proposed Windsor Estates high density development would pose a hazard to the existing truck and machinery traffic. Additionally, the machinery. itself could pose a danger to children who might be residing in the townhouse development. This could also pose new and serious liability issues for the Schaaf s- contracting business as well as for the Windsor Estates developer. The appropriate thing for the City to do would be to seek a means of guaranteeing that the occupants of the proposed high density residential development not have direct access to the Schaaf property rather than encouraging any proposal to bring large numbers of residents onto and through the ScbW property. in summary, the City should focus on malting the development of the site proposed for the Windsor Estates development fit the limitations of the surrounding roadway network rather than attempting to force the roadway network to accommodate an overly-dense development-of the property to the detriment of all of the surrounding neighbors. Accordingly, we respectfully request that the City Council refuse any effort to locate access for the proposed Windsor Estates development on or over any portion of the Schaaf property and restrict any development approvals to densities which are appropriate for the existing conditions and roadway limitations surrounding this Property. Thank you for your consideration of these comments. Very truly yours, G, & LAUE, P.A. Joseph J. C iney w HC/cb cc: ...The Schaaf family 6129275427 => CITY OF EAGAN ,TEL=6516814612 07/14199 09:09 PROJECT 749 HWY 55 SO FRONTAGE ROAD WINDSOR ESTATES DEVELOPMENT ACCESS CONSIDERATIONS Access Management Study The 20-year traffic projections for Hwy 55 &149 dictate the need to identify the location of the ultimate limited number of local street and property accesses along these regional State Trunk Highways. In May 1999, the City of Eagan and the Minnesota Department of Transportation (MnDOT) completed a Traffic Access and Corridor Management Study for Hwy 55 from I-35E to Inver Grove Heights and for Hwy 149 from Hwy 55 to Yankee Doodle Rd. (Co. Rd. 28). Access Restrictions The results of this study indicated that the existing access intersections of the south frontage road with Hwy 55 (east of Hwy 149) should be removed due to limited sight distance and other safety considerations. The study also indicated that the existing full access frontage road intersection with Hwy 149 could remain as is for a limited time. However, it would in all probability be restricted to right-in/right-out movements only when Hwy 149 is upgraded to a 2-lane divided highway in the future (programmed for 2002 in the City's current 5 year CIP). The effects of this future turning movement restriction on Hwy 149 and no access to Hwy 55 would redirect the frontage road traffic through the internal local neighborhood to the south (Selmark, Burview, Killdeer and Harvey Add.). Frontage Road DesignsNolumes Due to limited right of way and topographic constraints with the Hwy 55 rural design, the frontage road is proposed to be reconstructed to a 28-foot width as compared to the City's standard of 32 feet. The City's standard 28- foot width is allowed where Average Daily Traffic (ADT) volume is less than 300 vehicles per day. The City's standard 32-foot design can accommodate up to 2,500 ADT. The Windsor Estates development is projected to generate approximately 700 ADT. Windsor Estates Windsor Estates is a 119 unit multiple residential townhouse development located on 11.83 net acres (10 units per acre) south of Hwy 55 on the east end of the frontage road. It has a projected traffic generation of approximately 700 ADT. The preliminary plat (not yet approved) provides for its singular access to come from the Hwy 55 frontage road. Access Options 1. Frontage Rd. Only r • Advantages • Direct access to Hwy 149 impacting the fewest number of neighborhood homes. • No acquisition of private property for access road. (Easement acquisition for utility and trail connections still required.) • Disadvantages • Traffic volumes greater than current City standards for 28- foot roadway. • Future median on Hwy 149 through the frontage road intersection limits access and redirects traffic via Chapel Lane and Random Rd. 2. Schaaf Proper (North side) Only • Advantages • Most direct connection to Hwy 55 at future Louis (Chapel?) Lane with no impact to existing residential property. • Hwy 55 access for Windsor Estates closest to development for entrance identification visibility. • Disadvantages • Requires private property acquisition. • Driveway connection to Louis Lane too close to Hwy 55 intersection for optimal future signal operation. 3. Schaaf Property (South side-) Only • Advantages • Most direct outlet from development with connection to Louis Lane at good setback from Hwy 55. • Impacts 1-3 residential properties. • Disadvantages • Requires acquisition of private property. sc� • Results in total removal of mature stand of trees presently providing a significant buffer between existing residential and commercial properties. 4. Chapel Lane East End) Only • Advantages • Good access to future signal at Hwy 55 and Louis Lane affecting limited number of residential properties. • Good access to Burr Oak Park. • Setback between homes/structures greater than normal able to accommodate private road without setback variances. • Disadvantages • Requires acquisition of private property. • Private access drive located between 2 homes. • Development access is located off a local residential street. 5. Chapel Lane (West End) Only • Advantages • Setback between homes/structures greater than normal able to accommodate private road without setback variances. • Equidistant to Hwy 55 and 149 intersections, possibly splitting traffic patterns through residential area. • Disadvantages • Requires acquisition of private property. • Private access drive located between 2 homes. • Development access is located off a local residential street. 6. Combination (Frontage Road & Schaaf/Chapel Lane Options) • Advantages • Multiple access options to Hwy 55 and 149 diluting traffic in any one direction. • Disadvantages • Requires acquisition of private property for secondary outlet. ,-51 Agenda Information Memo July 20, 1999 Eagan City Council Meeting C. FINAL PLAT(JENSEN'S SUPPER CLUB ADDITION)AND VARIANCE (PARKING AREA SETBACK)-JENSEN'S SUPPER CLUB ACTION TO BE CONSIDERED: ➢ To approve a Final Plat(Jensen's Supper Club Addition)that will replat two individual parcels of land into a single lot of record located at 3840 Sibley Memorial Highway in the NE '/4 of Section 19. ➢ To approve a 15 foot Variance from the minimum 20 foot front yard front yard setback requirement for an off-street parking area applied to land currently described as Outlot B and Lot 3,Block 1, Cedarvale 2°a Addition located in the NE 1/4 of Section 19. FACTS: ➢ The subject property overlays two individual parcels of land (Outlot B and Lot 3, Block 1, Cedarvale 2"a Addition). Because the City Code prohibits the issuance of building permits to unplatted lands (i.e. Outlot B), the replatting of property into a single legally described parcel is necessary. ➢ The applicant is proposing to construct a 2,100 square foot addition to the existing restaurant. Such expansion will increase the number of seats from 189 to 280 and result in a need to provide 17 additional off-street parking stalls on-site. ➢ The purpose of the required 20 foot setback along public streets is to provide ample area to screen parked vehicles from public rights-of-way. The applicants are proposing to provide landscape screening within a five foot area between the proposed off-street parking area and the Cedarvale Boulevard right-of-way. ➢ According to the applicant,the hardship for the requested variance is based on the following factors: 1. A desire to expand a thriving business in the Cedarvale area and provide additional space for medium sized banquets and; 2. The intent of the 20 foot setback requirement(screening of parked vehicles)will be achieved through landscaping and a 58 foot separation between the restaurant's parking lot and the frontage road surface and; 3. Approval of the variance will not adversely affect neighboring property values. so� ➢ The subject property lies within the"Cedar Avenue and Highway 13 study area". While the moratorium applied to the study area temporarily prohibits the issuance of building permits to "undeveloped"property, it does make an allowance for structure expansions that do not constitute an alteration of more than 90 percent of the existing structure. Thus, the proposed structure expansion does not violate the provisions of the moratorium. ATTACHMENTS (2) Final Plat drawing,page S Staff report,pages,S,Sfhrough S3 8�8�Xy a— o� 5 656 •.5 b 3 b x `56 • S3 a �;� 2 �� y 35�1�a�+; a � ��5 =5 � ,•, � _� yd �3sN3 8 ` ��b�o 9�t@, ssE � g v" 6 J '�3 gtr u§2d bc7 m oag� to o �� •`^eoil iaY zi /�/� mdV j�• = � i § a�• .�; .< I iJNo I iJiI ^ a, � 9tr aI- 5z3 ZZs a9 n ,- ...z i..4i' to •r9'� fa a s ..o m, 6 \� j @ o. = oo r5 oa gS 3' ar Iia ar.• 9_ 3� o< m� BC Iz s O1i� �C bO gR IZ dim 9 E� i �z� �•.°, <� u F o <� ° I�u Fa w <- o Vmss xu9a 9d � u3� zs •a�N .",u�'e Iz's _=5;� .�,u�o ..z°� co taL LV z L \ ! \\\ � 1+N •S � bi �Y ;oma • 0 J - PLANNING REPORT CITY OF EAGAN REPORT DATE: July 7, 1999 CASE: 19-VA-12-07-99 19-FP-12-07-99 APPLICANT: Jensen's Supper Club HEARING DATE: July 20, 1999 PROPERTY OWNER: Jensen's Supper Club PREPARED BY: Bob Kirmis REQUEST: Variance (Parking area setback) LOCATION: 3840 Sibley Memorial Highway COMPREHENSIVE PLAN: CSC, Commercial Shopping Center ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST Jensen's Supper Club is requesting approval of a 15 foot Variance from the minimum 20 foot front yard off-street setback requirement for an off-street parking area on property located at 3840 Sibley Memorial Highway (Outlot B and Lot 3, Block 1, Cedarvale 2"Addition). Specifically, the Supper Club wishes to construct a 2,100 square foot addition to their existing restaurant which will result in the need to construct off-street parking spaces within the 20 foot parking area setback. 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. S� Planning Report—Jensen's Supper Club Variance July 20, 1999 Page 2 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 According to Section 11.20 Subd. 15.A of the City Code: All off-street parking areas (within commercial zoning districts) shall not be closer than 20 feet to a property line along a public street. The applicant is proposing to construct a 2,100 square foot addition to the existing restaurant. Such expansion will increase the number of seats from 189 to 280 and result in a need to provide 31 additional off-street parking stalls on-site. EXISTING CONDITIONS Originally a Perkins Restaurant, Jensen's Supper Club has occupied the subject structure since June of 1996. The existing restaurant measures approximately 11,900 square feet in size and has a seating capacity for 189 persons. Presently, the site is accessed via a centrally located curb cut on Cedarvale Boulevard. A total of 63 off-street parking stalls exist on-site, none of which lie within the site's front yard. The site is bounded on all sides by commercial uses. The subject property lies within the "Cedar Avenue and Highway 13 study area". While the moratorium applied to the study area temporarily prohibits the issuance of building permits to "undeveloped"property, it does make an allowance for structure expansions that do not constitute an alteration of more than 90 percent of the existing structure. Thus, the proposed structure expansion does not violate the provisions of the moratorium. The applicant has made contact with neighboring property owners who have voiced general support of the project. sl� Planning Report—Jensen's Supper Club Variance July 20, 1999 Page 3 EVALUATION OF REOUEST The applicants are proposing to construct a 2,100 square foot addition to their restaurant. The addition has prompted a need to provide 31 additional off-street parking stalls on the subject property. To accommodate such demand, the applicants are proposing to relocate the site's access point(approximately 60 feet to the north) and construct a total of 12 parking stalls within the required 20 foot parking setback area. Site Circulation - The proposed site circulation pattern appears well conceived and should not result in any convenience or safety problems for restaurant patrons. Access - As part of the proposed parking lot expansion the applicants are proposing to relocate the site's access point approximately 60 feet to the north. The City's Engineering Department has reviewed the proposed access relocation and found it to be acceptable. Screening/Landscaping - The purpose of the required 20 foot setback along public streets is to provide ample area to screen parked vehicles from public rights-of-way. As shown on the submitted site plan, the applicants are proposing to provide landscaping within a five foot area between the proposed off-street parking area and the Cedarvale Boulevard right-of-way. Specifically, a row of Techny Globe Arborvitaes measuring four to six feet in height are proposed. It appears that such plantings will effectively screen parked vehicles from the Cedarvale Boulevard right-of-way. Parking Stall Dimensions - All site parking stalls (existing and proposed) measure 18 feet in depth and nine feet in width. While the City Code does not establish minimum dimensional requirements, City policy has been to require stalls of not less than ten feet in width for commercial uses. The acceptability of the proposed parking stall widths is considered a policy matter to be determined by City Officials. Platting - The subject property overlays two individual parcels of land (Outlot B and Lot 3, Block 1, Cedarvale 2nd Addition). Because the City Code prohibits the issuance of building permits to unplatted lands (i.e. Outlot B), the replatting of property into a single legally described parcel is necessary. Such replatting should be made a condition of variance approval. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the hardship for the requested variance is based on the following factors: 1. A desire to expand a thriving business in the Cedarvale area and provide additional space for medium sized banquets and; Planning Report—Jensen's Supper Club Variance July 20, 1999 Page 4 2. The intent of the 20 foot setback requirement(screening of parked vehicles) will be achieved through landscaping and a 58 foot separation between the restaurant's parking lot and the frontage road itself and; 3. Approval of the variance will not adversely affect neighboring property values. SUMMARY/CONCLUSION The applicants are requesting approval of a 15 foot Variance from the minimum 20 foot front yard off-street parking area setback requirement for property located at 3840 Sibley Memorial Highway (Outlot B and Lot 3, Block 1, Cedarvale 2nd Addition). 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 a 15 foot Variance from the minimum 20 foot front yard off-street parking area setback requirement for property located at 3840 Sibley Memorial Highway (Outlot B and Lot 3, Block 1, Cedarvale 2nd Addition). If approved, the following conditions should apply: 1. Outlot Band Lot 3 which presently underlie the subject property shall be legally combined into a single legally described parcel via replat. 2. The Conditional Use Permit shall be recorded within 60 days of the replat of the property. 3. The City shall find the proposed parking stall widths (nine feet) to be acceptable. o �r .!ice e oe ©� �� !��Q�Y�■�� d IAM 11L] L7tj �1�a {�yi • n art AA �n n �� ,� vR� CJS• ♦J rs� - �-2fl Fiat rrc i"aFP un R1l� u t'i`�� Vb� � `.`` ran r"�r rarer U111 ©r7G V we��♦ O�i��e�■9 an a■ aa� � f�0 ©'� ♦ �Y�CW��SJ�Cip 0 ae � ♦� *��♦. `�i�' FSC Qo �� a��S��►�� °�..�� Erm�s��a�m�L■, o®® Lz13 ��`w�1 a♦`!��C �'� 3 'i � � me S',, ��1 •�E'_�® - aw iii©iib©��SS�.iQ��•U©p�`�S�� o c�r�sfl N mil SEEK]t] 'a'EC33 Ng ■ a ro 65!'5555555 Development/Developer. Application: Case No.: 19-VA-12-07-99 +C by Dalwta C4wity Land SLrvey Depwirrant and is cuffert as of April 1999. ity of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY ,1. Communfty Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are L not responsible for errors or omissions. 6�$b�i is s � eie • �C�Ei �vi1 .4'�$ @� I I "Ila b 3� Baia e . t � D s� ' 31 01 ° ' • � e i3S= e 0 10,1 Us V ' T ` z= -Ijw I tugs a is ass: WC R • I � oo �R= W - `i- o 5� J fit Fit \ \ s �� FINAL PLAT CN - _ ! 3 =3!, zY 0 1F 01 �s O it O O O <A P 7� �J 6/ SITE PLAN w Js; :3 y 401 LU H LL_ _ V I 1 .1 3 N 3; rh^�141 �� Sty � LU LU ;' 1Wy o p �� = o 6� LANDSCAPE PLAN L;* �.A' I;;L � s s h i � r^ - i' o-- t1, 3 BUILDING ELEVATIONS T — Z `n •�� I i 1v"A" f ; i y 'Zv s^ � ' E XVol i5 S: 7..�° aW S' S Ili :l.f' .�" iillll I r i -,T. !I may,, a^ I I I I IIII � I I '� .ter 'la`l;M'NI i ! I ii; I .•-1 _ I I, I I IT 4I opt" �IS i s'< .W r IF+- 1 a . p a -a 61-6 ' -------------------- _ Q4 04ICI u 99 FLOOR PLAN • June 29 1999 Development Services S i t e P l a n n i n g civil Engineering L a n d S u r v e y i n g Bob Kirmis, AICP City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Jensen's Supper Club Mr. Kirmis; Landform Engineering Company is pleased to submit the enclosed application for Final Plat Approval and Variance to the front yard-parking setback, for Jensen's Supper Club. Jensen's has experienced great success in their current location and proposes a building addition and additional parking to support their growth. The site is currently zoned Commercial Shopping Center; the applicant is not requesting neither Rezoning nor a Guide Plan amendment. It is important to note that the building addition is 35% of there existing space, far less than the 90% that was limited by City Council's May 1998 ordinance limiting expansion in the Stephen M.Johnston,P.E.,Principal neighborhood. In order to meet the parking requirements for the site, we propose to add 20 parking stalls in the configuration shown on the attached C2.1 sheet. This parking will require a variance from the 20' parking setback to 4.9'. The Darren B. Lazan, Principal justification for this variance is as follows: • The Cedarvale area has been designated by the City Council as an area in need of redevelopment and improvement. Jensen's Supper Club has been a positive Ross G. Larson, Principal addition to the neighborhood since it's opening in 1996; the restaurant has provided the community with a locally owned first class dining facility. The proposed addition will provide additional space for medium sized banquets, and Dan Thurmes, R.L.S., Principal additional dining. • Landscaping as shown on sheet Ll.I will screen the proposed parking; which based on earlier conversations with you, is our understanding of the setback requirement. In addition, there exists a 53' greenspace south of the frontage road and north of the property line. In essence,the parking will be setback 58' Landform Engineering company from the frontage road, a more than adequate distance for screening. 650 Butler North Building 510 1st Avenue North . We believe this variance will not be detrimental to the public welfare, or have Minneapolis, MN 55403 adverse effects on the property values of the neighborhood. phone 612.252.9070 fax 612.252.9077 www . landform . net E-mail: info@landform.net 66 -r APPLICANT CORRESPONDENCE Bob Kirmis Page 2 June 29,19% It is our understanding that the Final Plat and Variance requests will be heard at the July 20`h City Council Meeting, if this is not the case please contact us immediately. We have enjoyed working with you and your staff on this project, and we appreciate all of the help you have provided to make this submittal possible. If you have any questions please feel free to call me at 612-252-9070; the architect, Jeff Rapp, at 612-941-8660; or the owner, Doron Jensen, at 651-688-7969. Sincerely, LANDFORM ENGINEERING COMPANY V.P.dre, E.I.T Project Engineer /sapm cc: Doron Jensen, Jensen's Supper Club Jeff Rapp,Witkus Architects Landform Engineering Company,650 Butler North Building,510 First Avenue North,Minneapolis,MN 55403 (612)252-9070,(612)252-9077 fax,smore0landform.net,www.landform.net i i Agenda Information Memo July 20, 1999 Eagan City Council D. VARIANCE—LEO HOLM &BARB BAUER(4350 WOOD DUCK CIRCLE ACTION TO BE CONSIDERED: • To approve a Variance of 3.25 feet to the maximum six-foot fence height for 4350 Wood Duck Circle, legally described as Lot 33,Block 2,Mallard Park Third Addition located in the NE 1/4 of Section 29. FACTS: • The house on 4350 Wood Duck Circle (Lot 33)was constructed in 1995. The neighboring house at 4346 Woodgate Lane (Lot 34)was constructed in 1997. It appears than the elevation of Lot 34 was raised at the time of construction and a retaining wall was installed to accommodate the grade change. The fence was installed on Lot 33 in 1998. • According to the applicant,the top of the fence was set at a height to provide about a six-foot screen between the two lots. The top of the fence remains level along its length and the bottom of the fence follows the contours of the ground,resulting in a taller fence heights in some places as the ground level varies. At its tallest point, the fence is 9 feet 3 inches. • The applicant's statement of hardship explains that the change in elevation between the two lots requires a taller fence in order to provide the same six-foot level of privacy as if the lots were more closely matched in elevation. ATTACHMENTS: Planning Report,pages through��. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 14, 1999 CASE: 29-VA-11-06-99 APPLICANT: Leo Holm & Barb Bauer HEARING DATE: July 20, 1999 PROPERTY OWNER: Leo Holm & Barb Bauer PREPARED BY: Pamela Dudziak REQUEST: Variance to exceed six-foot fence height LOCATION: 4350 Wood Duck Circle COMPREHENSIVE PLAN: D-I, Single Family Residential (0-3 units/acre) ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicants are requesting approval of a Variance to exceed the maximum six-foot height for a fence on property located at 4350 Wood Duck Circle, legally described as Lot 33, Block 2, Mallard Park Third Addition in the NE '/4 of Section 29. 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 only 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. 69 Planning Report ort—Leo Holm &Barb Bauer July 20, 1999 Page 2 CODE REQUIREMENTS The City Code states that in all parts of the city zoned residential, boundary fences shall be subject to the following requirements: 1. Fences on all corner lots erected within 30 feet of the intersecting curbline shall be subject to traffic visibility requirements. 2. Fences shall not exceed a maximum height of six feet. BACKGROUNDMISTORY The applicant's house was constructed in 1995. The neighboring house at 4346 Woodgate Lane was constructed in 1997. The applicants installed the fence in the spring of 1998. Earlier this year the City received a complaint about the height of the fence, and after inspection, City staff informed the owners that the fence height was in excess of that allowed by City Codes. EXISTING CONDITIONS The adjacent property at 4346 Woodgate Lane (Lot 34) is approximately 3 to 4 feet higher in elevation than the applicants' property and it appears that the grade was raised at the time of construction. The surveys submitted with the building permit applications for these two homes show the driveway elevation for Lot 34 at 934.6, and the elevations on the common property line at 931.09 toward the front of the lot and 929.09 further back. A retaining wall was constructed on Lot 34 near the property line to accommodate the change in grade between the two lots. The fence was constructed on the applicants property, Lot 33, and the base of the fence is at the same level as the bottom of the neighboring retaining wall. At its highest point, the fence measures 9'3" from the ground level of the applicants' property to the top of the fence. The fence is closer to six feet in height when measured from the higher grade of the adjacent property. The top of the fence remains level along its length. At the street the fence height measures 5'10". Further into the property as the ground elevation drops, the fence height exceeds 6 feet to a height as much as 9'3". EVALUATION OF REQUEST The top of the fence remains level along its length, so the height changes are due to variations in the ground elevations. According to the applicant, the grade change between the lots is what necessitates the taller fence, and that the elevation of the adjacent property was raised at the time of construction on that lot. Since the adjacent lot is about 3 feet higher in elevation, a six-foot fence would effectively provide only about three feet of screening between the lots. �,Q Planning Report—Leo Holm & Barb Bauer July 20, 1999 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP The applicants have submitted a written narrative explaining their reasons for requesting the Variance. The applicants explain that the difference in elevation between the two lots necessitated the additional fence height. According to the applicants, in order to maintain the same level of privacy along the length of the lot, the top of the fence was set at a level to provide about a six-foot screen between the lots, and the bottom of the fence then follows the grade changes. SUMMARY/CONCLUSION The applicants are requesting a Variance to exceed the six-foot maximum fence height allowed by City Code. The fence has already been constructed. The stated hardship is that the adjoining property is at a higher elevation and the taller fence is needed to provide the same level of privacy that a six-foot fence would provide if the two lots were more closely matched in elevation. ACTION TO BE CONSIDERED To recommend approval of a Variance of 3.25 feet to the maximum fence height of six feet for property located at 4350 Wood Duck Circle, legally described as Lot 33, Block 2, Mallard Park Third Addition, in the NE '/4 of Section 29. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the approved variance. Eagan Boundary Street Conterline Parcel Area Lowtion Map f�� fir ., Building Footprint WA n' 1111611 IIA FAN ,1LJtj "got Bill �IQG�'. e� �l7 �t � �.. �• tom•�'� �'1 w� �� r��t.� '� �"fir•+ n ��': � �., A �� Earara�� a�>`'N nos n�ac.� ��11\�� /f Ir. ' r 117111 Mollie IM o 01111 <i Qa ®n © n rte® �i�Gp Sseo • e� o��A eta a�►°o°° o ees `Y\SIRmom �I w ♦ I� fa ea Devel. . Application: Variance Case No 29-VA-1 1-06-99 (/2'DO-` 9. by Dakota Gots*LInd Surmy D"b,a.mid is cunwt as of April IM. *City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY 1. Tbe City of Eagan mad Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. I� do do do a q WOO-00\ so 00 wo do to i 2 1 • n LV :- 43150 WCor-) auckL T , W 3 i +3� E J WOCO IJ+KK G. I� OR,ATINA6r-- • SL \4on c ° z -oll June 27, 1999 Written narrative to accompany variance application: When we built our home we were told by our builder that the lot adjacent to the east boundary of our lot was not buildable. Therefore we expected that the privacy we had in the back along this boundary would remain. Since then, a home has not only been built on this adjacent lot but the drainage and elevation of the lot were severely altered. The current elevation of the lot is approximately 3-1/2' above the elevation of our lot with a three car garage facing our 20'deep backyard. We installed a privacy fence to reclaim the privacy and feel of ownership to our backyard. Since the other lot now had an elevation 3-1/2' above the elevation of our yard where the neighbor could and did look directly down into our yard, it was necessary to install a fence 3-1/4' above the standard 6' in order to get the desired privacy for our yard. The fence measures 5'10" near the street and stays level for the 80' length of the fence. The ground slopes down so that the fence measures 9'3" at its tallest point on our side of the fence, but measures the standard 6' above ground elevation on the neighbors side of the fence. The fence was built and completed during the spring of 1998. The property and all adjacent properties within 660' are zoned residential. Homes are built on all neighboring properties. 6126811661 JUL- 14-99 WED 08 : 10 Ja%wwh T. Hamand, CPA 6126811661 P. 01 July 13, 1999 VIA FAQ City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Fax # (651) 681-4694 Re: Case #29-VA-11-06-99 - Fence height variance for 4350 Wood Duck Circle Council Members: This letter is written in support of the variance request submitted by Leo Holm and Barb Bauer of 4350 Wood Duck Circle. The wooden fence they have constructed along their back property line is consistent in design and appearance to others in the neighborhood and poses no apparent safety concerns. In maintaining a constant top height to the fence, certain parts of the fence are over six feet in height because the property slopes to the wetland located near the property. At its current height, the fence does not obstruct any other property owners' view of any public areas and it blends in well with its surroundings. We encourage the Council to grant this variance request. Thank you for your consideration. Regards, oseph T. Hamand Robin A. Hamand 4354 Wood Duck Circle 4354 Wood Duck Circle (651) 456-0947 (651) 456-0947 1 ` Chris Hilgers Emilie Hilgers 4352 Wood Duck Circle 4352 Wood Duck Circle (651) 686-2825 (651) 686-2825 Agenda Information Memo July 20, 1999 Eagan City Council Meeting E. VARIANCE (SIDE YARD SETBACK-JAMES GRINDELAND ACTION TO BE CONSIDERED: To approve a 3 foot Variance to the 10 foot side yard setback requirement for Lot 6, Block 2, Sunrise Hills located in the SE '/4 of Section-l4. FACTS: ➢ The subject property is zoned R-1, Single Family Residential. ➢ The R-1, Residential Single Family zoning district imposes a minimum side yard setback requirement of 10 feet for any portion of the dwelling unit. A minimum side yard setback of 5 feet is required for any portion of a garage. ➢ The applicant is proposing to construct a 700 square foot addition(family room)to his home which would lie 7 feet from a side lot line. The addition would be in alignment with the existing garage. ➢ According to the applicant, the hardship for the requested variance is based on the following factors: 1. A need for additional living space within the dwelling unit and; 2. An error by the home builder in the original positioning of the dwelling(so as not to be conducive to expansion). ATTACHMENTS (1) P+ Staff report,pages0 through PLANNING REPORT CITY OF EAGAN REPORT DATE: July 6, 1999 CASE: 14-VA-10-06-99 APPLICANT: James G. Grindeland HEARING DATE: July 20, 1999 PROPERTY OWNER: James G. Grindeland PREPARED BY: Bob Kirmis REQUEST: Variance (sideyard setback) LOCATION: 3753 Wescott Hills Drive COMPREHENSIVE PLAN: D-I, Single Family/(0-3 units/acre) ZONING: R-1, Residential Single Family SUMMARY OF REOUEST Mr. James Grindeland is requesting approval of a 3 foot Variance to the 10 foot side yard setback requirement for a single family residential property located at 3753 Wescott Hills Drive (Lot 6, Block 2, Sunrise Hills). Specifically, Mr. Grindeland is proposing to construct a 700 square foot addition (family room) to his home which would lie 7 feet from a side lot line. The subject property is zoned R-1, Single Family Residential. 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. f: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. F Planning Report—Grindeland Variance July 20, 1999 Page 2 CODE REQUIREMENTS The R-1, Residential Single Family zoning district imposes a minimum side yard setback requirement of 10 feet for any portion of the dwelling unit. A minimum side yard setback of 5 feet is required for any portion of a garage (attached or detached). EXISTING CONDITIONS Sunrise Hills received Final Subdivision Approval in March of 1988. The home in question was constructed in 1989. The subject property measures approximately 12,000 square feet in size. The site is bounded on the north, south and east by single family detached homes and on the west by the Mueller Farm Park. The applicant has made contact with neighboring property owners who (according to the applicant) have voiced general support of the project (see attachment). EVALUATION OF REQUEST The applicant is proposing to construct a 700 square foot (28'x25') addition to the rear of his home. The addition would lie 7 feet from the subject property's side lot line (in alignment with the existing garage setback) and outside of drainage and utility easements applied to the property. The addition is to be two stories in height and is comprised of a new family room on the upper level and a workshop on the lower level. The addition"mimics"the gabled roof style of the existing home and appears to be architecturally compatible with both the site in question and homes in the surrounding area. Although compliance with applicable side yard setback requirements appears physically possible, an alternative location would likely compromise desired interior space relationships within the home. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the hardship for the requested variance is based on two factors as summarized below: 1. A need for additional living space within the dwelling unit and; Planning Report—Grindeland Variance July 20, 1999 Page 3 2. An error by the home builder in the original positioning of the dwelling (so as not to be conducive to expansion) has prompted the need for variance. SUMMARY/CONCLUSION The applicant is requesting a 3 foot variance from the 10 foot side yard setback applicable to the subject property. Approval of the variance would allow the home addition to be in alignment with the home's existing garage. A determination as to whether the applicant has adequately demonstrated hardship is considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To approve a 3 foot Variance from the required 10 foot setback applied to Lot 6, Block 2, Sunrise Hills. FO � OCA ESE •� .,, ; „_ 01 ®� .IY:y�l�� •�� 1111 Ii �I111�� 111 l� i MEN E ■■■ iIN �j�� l�rf�� . `/��►'i��i�ca �� wok W1 WIN LA in �ae�eeeeeeee�®e© �ce��®��,� � -� /��rl::®� ��i�♦ .� c000©©oinea eo C�©GCu300Gp,J D Q� W 1 1 1! 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CIA 10 r^ , 15 i 2 3 -UNWOOD .,. .� � 3 0 •�* 8 ^� 10 2 w � � � � ,� o 9 CD 7 ` 3 � a 1� 6 5 09.01 2.00 _ 8 's, ' ' - .44 �i 7 .T b �r7 J 1 .8 I 16.44 a t `Sy 00 5 , t 25.38 51 10 O� 26 OUTLOT A 4 . ,00 m \ 3 $ 3 u 7 1 12 0 8 ' \ 13 5.90 '( 0 2 �� 8 `� 14 c 0N ' .5 ' ' SC 118.3i � 0e.24 .oz o� °' \ 15 4.02 OUTLOT 8 � 8 2 o 92.0 t - 7 \ 3 �o I � 7 iD 49.63 ' 68.76 4 SITE t $ 6 � 5/ CIN\022 82 R a 1 es 143.35 S g 14 / m 15 o h 5 o 5.00 143.96 6 103.01 157.03 Ig 1 8.27 � 0.04 !4 t 1' 4 1 1 v 1145.00 144.58 n 8 m 7 .rN ori I3 c I 3 129.68 U771E 010-82 021-82 1 5.00 1 145.20 n g t I g 8 w 22 2 1 145.81 t 134.98 145.00 1 146.54 1 4.32 0.04 WESCOTT ROAD L 1 SITE VICINITY iI M,- 10 - 3 -g9 CERMICAM OF SAPVEY �x t ST�/yl(S �lel SI S FIv�SE _-7 ► r I, i 1 \ �l !3 ,42 , t �� •Y,9$�� H �-�'i�a 22.33 1 0 ---0 1 J �° I w I � I I 7D e�9S.$ B 149.S G H h oI !° `^OF _ Pi lyS,00 S 89° 16 53 6 Cq�'�' I -30 I Scale: 1" 30' .► DESCRIPTION Lot 6, Block 2, SUNRISE HILLS MEREBI' CERT/FY TNAT T/WS SLNYFr RAN OR REPLNT Dakota County, Minnesota WAS PREPARED Sl'ME OR LwOrR MY pRECT swERY/SAGA► Plat bearings shown AND TNAT!AM A O(Xy AEG/STERED LAND SL~MR o Denotes iron monument UYGER INE LAMS Of TME STATE Gr M/NAESOTA. i'$xisting' Proposed '—'� 8140 DATE l4 69 AM #a beandt anginaaffing 6 iurvaying 2703 woodif trail buenr 114 innaloto 55337 �3 (612) 4351466 SITE SURVEY DESCRIPTION OF VARIANCE REQUEST We are requesting a three foot variance of the required ten foot set back for living space for our house structure. Currently, the edge of the garage is seven feet from the property line and runs parallel to this line. Our proposed addition calls for pushing out the family room wall to the side of the house so it is even with the existing garage wall. This will place the entire house structure seven feet from the property line and three feet over the required ten foot set back for living space. When the house was originally built, we planned in space for a future family room addition by sliding the house as close to the opposite property line as possible. Just before we broke ground, the builder informed us that the house plan would have to be flipped side to side because of the orientation of the house next door. When the plan was flipped, the builder failed to slide the house over to the other side of the lot. As a result, the space we had planned for was greatly reduced. When we drew up the plans for our addition, we were unaware that there was a different set back for garage space (five feet) and living space (ten feet). Therefore, the plans we made are based on pushing our family room wall ten feet out to make it even with the garage wall. The plans call for the room to include a vaulted ceiling with a fireplace and decorative windows on that wall centered under the vault. We already lost space because the house was not placed on the lot as we instructed. Therefore, losing an additional three feet would further lessen the visual impact and the feeling of space that we are hoping to achieve. We have talked with most of the neighbors and discussed our plans with them. None of them have had any objections to the variance we are requesting. Kevin and Lori Ellis, our neighbors to the north and who would be most affected by this addition, support our request for this variance. We believe that an addition of this kind would increase not only the value of our property, but also those around us. Please vote in favor of granting this variance request. Sincerely, L ames & Kathleen Grindeland APPLICANT CORRESPONDENCE Request for Variance Overview The City of Eagan requires a five foot set back for garage structure and a ten foot set back for house structure from the property line. Currently, the edge of the garage is seven feet from the property line and runs parallel a long this property line. The addition plans call for pushing out the family room wall so it is even with the existing garage wall. This will place the house structure seven feet from the property line and three feet over the required ten foot set back. I'm requesting a three foot variance from the required ten foot set back. Statement: James Grindeland has reviewed the addition plans for his house and the need for the set back variance with me. I have no objections to the variance request. I am aware that I will still get a notice stating when this variance will go before the Advisory Planning Commission. If you agree with the above statement, please fill in the information below and sign. Thank you. Name Address Signature Date I �So rco�r t+�kf bc" 13 Z l7- `r 6 3745 c.,loxo t \-�\ls :,, (c I 9 10 11 12 13 14 15 16 17 18 19 20 June 17. 1999 Agenda Information Memo July 20, 1999 Eagan City Council F. VARIANCE—CAMP BUTWIN ACTION: ➢ To approve or deny a Variance to the Shoreland Ordinance to allow renovation/expansion of existing bathroom facilities within the required 150-foot setback from O'Brien Lake. FACTS: ➢ The applicant is proposing to renovate and slightly enlarge the toilet facilities and septic systems in four existing"Village"shelter structures. ➢ The structures,built in 1958, are located within 150-feet of the ordinary high water level (OHWL) of O'Brien Lake, a classified"natural environment water". The City's Shoreland Ordinance, adopted in 1983,now requires structures and sewer systems to be setback 150-feet from the OHWL of"natural environment waters". ➢ The proposed improvements will not increase the current encroachment into the required shoreland setback and will bring the existing outmoded toilet facilities and septic systems up to current code requirements, including ADA requirements. In addition, the new septic systems will likely have a positive impact on the environment. BACKGROUND/ATTACHMENTS: ➢ Staff report,pages V through& 6 PLANNING REPORT CITY OF EAGAN REPORT DATE: July 12, 1999 CASE: 36-VA-13-07-99 APPLICANT: Jewish Community Center of HEARING DATE: July 20, 1999 St. Paul PROPERTY OWNER: same PREPARED BY: Julie Farnham REQUEST: Variance to Shoreland Ordinance regarding setback to Ordinary High Water Level LOCATION: Camp Butwin— 821 120'' St. W. (inside Lebanon Hills Regional Park boundary) COMPREHENSIVE PLAN: P—Parks/Public Facility ZONING: A - Agricultural SUMMARY OF REQUEST The Jewish Community Center, owners of Camp Butwin, are requesting a variance to the required 150 foot setback from the Ordinary High Water Level (OHWL) of O'Brien Lake to accommodate renovation/expansion of bathroom facilities. 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 only 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. Variance Report— Camp Butwin July 20, 1999 Page 2 CODE REQUIREMENTS Section 11.2 1, Subd. 8A of the City's Shoreland Ordinance requires structures and sewer systems in unsewered areas to be setback 150 feet from the OHWL of"natural environment waters". O'Brien Lake is classified as a natural environment water. BACKGROUNDMISTORY Camp Butwin was established in 1958 as a summer day camp providing activities for children, including arts and crafts, outdoor recreation and sports, swimming, boating, horseback riding and camping. The camp has been in continuous operation since it was established. The camp is privately owned and operated by the Jewish Community Center of St. Paul. EXISTING CONDITIONS The camp consists of 88-acres located on the shores of O'Brien Lake within the boundaries of Lebanon Hills Regional Park. The existing camp includes a main building and outdoor swimming pool, a pole barn for storage and some indoor activities, and four"Villages", which are open-air park shelter structures. These structures, built in 1958, have existing wells and toilets with primitive septic systems. EVALUATION OF REQUEST The applicant is proposing physical improvements to the four existing Village structures, and will eventually add a fifth Village and replace the pool. Each of the four existing Villages will have the existing toilet structures removed and new toilet additions built in their place. Any improvements require the facilities to be upgraded to current building and health codes, including meeting ADA requirements and installing new septic tanks and drainfields. The proposed improvements are scheduled to begin after camp closes in mid-August 1999 and be completed before camp starts in mid-June 2000. Prior to receipt of a building permit the property must be platted. Three of the existing Village structures are located within the required 150-foot setback from the OHWL with setbacks ranging from 35-80 feet. Because the existing structures are currently non- conforming in terms of setback, any improvements to the existing structures triggers the need for a variance to the shoreland setback. However, the proposed reconstruction and slight enlargement of the toilet facilities will not increase the current encroachment into the required shoreland setback. The new septic tanks must be located close to the toilet facilities, but the new drain fields will all be located beyond the required 150 foot setback. In addition, the proposed toilet additions will not significantly increase the size of the Villages or their visibility from the lake. The additions will be designed to be aesthetically compatible with the existing structures. The improvements will not alter the function of the Villages. The Variance Report— Camp Butwin July 20, 1999 Page 3 improvements will result in the upgrading of older, substandard sewer systems which will be beneficial to the water quality of O'Brien Lake and the environment in general. The MnDNR also reviewed the application materials and has no objections to the requested setback variance. A letter from Patrick Lynch, III Area Hydrologist is attached to this report. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, in order to meet the required setbacks, three of the existing Villages would have to be reconstructed in new locations. This would involve clearing existing forested areas. They believe such action would defeat the purpose of the shoreland ordinance and negatively impact the natural character of the camp. SUMMARY/CONCLUSION The applicant is proposing to reconstruct the toilet facilities on four existing shelters within Camp Butwin. Three of these shelters are currently located within the required 150 foot setback from O'Brien Lake. The proposed new additions will not significantly increase the size of the shelters or increase the existing setback encroachment. The improvements will bring the existing outmoded toilet facilities and septic systems up to current code standards, including ADA requirements. As such, the improvements should be beneficial to the environment. The MnDNR concurs that the proposed improvements will not have a negative impact on the environment and may improve it. ACTION TO BE CONSIDERED To approve or deny a variance to Section 11.21, Subd. 8.A. (shoreland zoning) to allow setbacks of less than 150-feet from the OHW level of O'Brien Lake to accommodate proposed additions to three existing shelter structures within Camp Butwin, subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The property shall be platted. //��/Eagan boundary Location Map /�StreeParcel Area dine u l AArea Building Footprint Is F � ; 3 11i as f I t o• !. ,r 14 s ♦i ® , r st as • i t It � � �• p R ! •w � f i t � � ®` 4 ffi • � 6 ! t a.,, 0 � � O ` ` GM.N.N e ° .�,� of Holland Lake o Subject Site D a 0 • � r 1000 0 1000 2000 Feet Development/Developer.. Camp Butwin/Burt Ga Application: Variance Case No.: 36-VA-13-07-99 Map Prepared Lsirg ERSI ArcMew 11.Pace)base rrW i,ft.. don provided N by Dakota Couity Lad Survey Depalrrent ad is current as d April 1999. City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY WE Commusny Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S not responsible for errors or omissions. i i F t II s ,xiiDaNISNOJ 80d J.ON - NoisHa juvw3RJS E— DSM a-M+K dSN-) •� / ,/\moi/ _ �/�/� :"'" �� ' f � a O , a � w w 6- M < omQ Igo j ,f 2'L if l ' I I I ( ( , , 1{'��• r m o N pj�c C\1 ti A � ( � � NOLIJaUSNOJ HOA ION — NOISH JLLYH3HJS ux (1 — ,OS t-- DDOH a3MpS d5N—� ,Zf'OLtit k I j;x// f l 7 11 1 OGI \�\�L<' � ✓ �I lid \ ' /, ��I o p I N30 I i� I. - v. b' i �•� s z d s l 'L1 1 J V Y. 9�- V �1All � o 2 m E 00 00 j I � �I O I s 1 I 4 i I Y I I 3 m a i i uj ZZ0U 000 Toa -s ao "u I La • ^� I � I i v , I UOT -- I -j LLJ NZ Y `e _ Z U Z �S §mo� i W Z io 7 m Z Z Y III II .' 1' •j � J � �; a�3 —c� `°� m3 � f 72 0 r x z I l 7-i cr �2� •w � 1 �w5ga I I •,j;� i ; � � c it I( ) � III i I I I� t_ .,o �pf MINIy RECEIVED y Minnesota Department of Natural Resources J!_!Cn Metro Waters - 1200 Warner Road, St. Paul, MN 55106-679BY:Telephone: (651) 772-7910 Fax: (651) 772-7977 FNATO July 9, 1999 Ms. Julie Farnham, Planner City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: SETBACK VARIANCE REQUEST,CAMP BUTWIN,JEWISH COMMUNITY CENTER OF ST. PAUL, O'BRIEN LAKE Dear Ms. Farnham: I have reviewed the materials forwarded with the hearing notice,and offer the folIowing comments on the variance request: I have reviewed the plans earlier this year, and have walked the site with the applicant and city staff. I appreciate the applicant's early coordination with DNR and the city. Based upon my review of the site and proposed improvements,DNR does not oppose the issuance of the requested lake setback variances. I do not believe the proposed project will have a measurable negative impact on the environment,and,in fact, may improve it with upgraded septic systems. It was clear to me from my visit and observation of the site that the camp is sensitive to the natural environment. They have done an admirable job of minimizing the impact of their facility on the environment. Please enter these DNR comments in to the official hearing record. If you have any questions, please call me at 651-772-7917. Sincerely, r� Patrick J. L h III Area Hydrologist DNR Information: 651-296-6157 1-888-646-6367 0 TTY: 651-296-5484 0 1-800-6.57-3929 An Equal opportunity Employer 4's Printed on Recycled Paper Containing a Who Values Diversity SSW Minimum of to%Post-Consumer Waste Agenda Information Memo July 20, 1999 Eagan City Council Meeting H A. RECONSIDERATION. CONDITION OF APPROVAL,INTERIM USE PERMIT FOR CEDARVALE MALL—ISD 191 ACTION TO BE CONSIDERED: To approve an amendment to the conditions of approval for the Interim Use Permit (IUP) issued for ISD 191 for the expansion of the Special Education Program at Cedarvale Mall.; FACTS: • The City Council approved an IUP for a term of five years to allow expitnsion (to 90 students)of the Special Education Program at Cedarvale Mall on April 6, 1999.; • At their meeting of June 15, 1999,the City Council approved a motion to reconsider this item at their regular meeting on July 6, 1999. ISD 191 representatives were unableto attend that meeting and requested that the item be continued to the July 20, 1999 meeting. 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.' v ATTACHMENTS: (2) June 2, 1999 Letter from Sue Grissom, ISD 191,page/6 . For reference,the staff report and approved conditions,pages through . 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 R ` El 117HE Z 1 --------------- ' Thomas L. Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 554-222 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 6 An Equal Opporruntry Emplover PLANNING REPORT CITY OF EAGAN REPORT DATE: March 18, 1999 CASE: 19-IN-02-02-99 APPLICANT: Wayzata Bay Center Co. (ISD 19 1) HEARING DATE: March 23, 1999 PROPERTY OWNER: Wayzata Bay Center Co. PREPARED BY: Bob Kirmis REQUEST: Interim Use Permit LOCATION: Cedarvale Shopping in Center COMPREHENSIVE PLAN: Community Shopping Center(CSC) ZONING: Community Shopping Center (CSC) SUMMARY OF REQUEST Wayzata Bay Center Company is requesting approval of an Interim Use Permit (IUP) to allow a 6,000 square foot expansion to their existing 10,000 square feet of classroom space within the Cedarvale shopping center located at 3914 Sibley Memorial Hwy in the NE 1/4 of Section 19. The additional classroom space would be used by the Burnsville-Eagan-Savage Independent School District 191 (ISD 191) Special Needs program. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.22 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The use agrees to any conditions that the Council deems appropriate for permission of the use; and 9 Planning Report—ISD 191 IUP March 23, 1999 Page 2 E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. 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 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. F Planning Report—ISD 191 IUP March 23, 1999 Page 3 BACKGROUND/HISTORY Cedarvale Shopping Center- The Cedarvale shopping center was the City's first community shopping center. Cedarvale provided a significant retail component in the pre-interstate era of Eagan. Access was provided via Cedar Avenue, Highway 13, and local streets. Construction of the Cedar Avenue freeway and the re-alignment of Highway 13 in this area resulted in a somewhat convoluted access to the center. Combined with changes in retail shopping needs and the addition of more and newer retail alternatives adjacent to the new interstate freeway, Cedarvale's vitality as a community shopping center began to wane. For about the last decade, Cedarvale has been functioning as more of a destination/service center while Town Centre, Cliff Lake, and the Promenade are primarily serving the City's community shopping retail needs. Special Needs Program—ISD 191 - In the spring of last year, the City approved an interim use permit allowing ISD 191 to occupy 10,000 square feet of the shopping center for classroom space. Currently, the space is utilized by between 36 and 50 students in grades 7-12. Under the conditions of the current IUP, the permit shall terminate on June 1, 2008. According to the applicant, the proposed classroom expansion is intended to allow the school district to fully consolidate it's Special Needs Program to accommodate students in grades K through 6. Specifically, K-6 students would be relocated from Cedar School to Cedarvale. Following the relocation of the K-6 students, the Cedar School would then be used solely for early childhood special education (birth through five years of age). As a result of the proposed Cedarvale classroom expansion, the applicant anticipates a maximum of 90 students within the entire classroom facility (existing facility plus expansion). Cedarvale Area Redevelopment Studv - Since the approval of the NP, the City has formally begun work on the Cedarvale Area Redevelopment Study, the boundaries of which include the subject property. The objective of the study is to create a viable, mixed use area that takes advantage of the areas innate highway visibility and accessibility while maintaining compatible land use relationships with surrounding uses. While no specific conclusions have been drawn, the results of the Cedarvale Area Redevelopment Study may impact the future of the Cedarvale Mall. This raises some question regarding the term of the IUP request. The Cedarvale area is also being considered as a potential Tax Increment Financing (TIF) Redevelopment District. If the Council creates such a district, a redevelopment strategy for the area will be produced. The impact of redevelopment to the Cedarvale Center, if any, is unknown at this time. Planning Report—ISD 191 IUP March 23, 1999 Page 4 EXISTING CONDITIONS As previously mentioned, the Special Needs Program currently occupies 10,000 square feet of the Cedarvale shopping center within space previously occupied by Snyders. The classrooms accommodate between 36 and 50 students in grades 7-12. The IUP was approved in the spring of last year subject to the following conditions: 1. The permit shall terminate on June 1, 2008. 2. School operations shall be limited to 8:OOam—3:OOpm. 3. The number of students shall be limited to 50. 4. All students shall be bussed to and from the site. 5. No school or recreational activities shall be allowed on-site outside of the Cedarvale building. 6. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. Including the ISD 191 expansion and pending request by the Dakota County Technical college to lease classroom space within the shopping center, 22,100 square feet or approximately 17 percent of the 131,000 square foot center would be devoted to classroom use. SURROUNDING USES All of the property immediately surrounding the Cedarvale shopping center is zoned and guided Community Shopping Center. EVALUATION OF REQUEST Compatibility ibility with Surrounding Area- The compatibility of this use at this location is difficult to determine. The proposed use is not listed as a permitted or conditional use in the CSC zoning district. The Interim Use Permit process may allow for the introduction of a use in an area where it would not normally be allowed. The compatibility of the proposed use expansion will not likely be known until the use is in operation. 14/ V Planning Report—ISD 191 IUP March 23, 1999 Page 5 It should be noted however, that as part of the City's consideration of the existing IUP, a determination was made that the use (at its current intensity) appeared compatible with the surrounding area. Since the inception of the school last September, the Eagan Police Department has responded to 16 calls for service. As indicated in the attached Police Department correspondence, this call load has raised some concerns particularly in regard to enforcement responsibilities. This issue will be addressed further in a latter section of this report. Site Plan - The proposed use will have no visible impact on the exterior of the existing building or the site in general. According to the applicant, the proposed classroom expansion will add up to six bus trips per day and approximately ten cars for staff. Such additional traffic is well within the capabilities of streets serving the property. Whereas the existing IUP establishes student hours of 8:00 a.m. — 3:00 p.m., expanded student hours of 8:00 a.m. —4:00 p.m. have been proposed as part of the classroom expansion. Term - The applicant is requesting a nine year term for this permit. A portion of the City's authority to grant an IUP requires that the date or event that will terminate the use can be identified with certainty. As in the case of the previous IUP request, staff notes that it may be prudent to initially limit the term of this permit to a lesser amount of time. Once the Special Needs program has operated for a year or two and the findings or the Cedarvale Area Redevelopment Study become available, the City would be in a better position to determine the suitability of this use at this location. Law Enforcement Issues - As indicated in the attached correspondence, the Police Department has raised concerned over law enforcement responsibilities associated with the proposed school expansion. Of particular concern is the strong likelihood of their increased involvement with this program. In response to these concerns, the Police Department has recommended either; 1) a fulltime police officer be assigned to Cedarvale or 2) ISD 191 increase its supervisory staff. SUMMARY/CONCLUSION The proposed use is not permitted or conditional in the CSC zoning district; however, the use can be allowed via an Interim Use Permit. The term of the permit must be fixed. The applicant is requesting a nine year term. Whether or not any law enforcement/supervisory related conditions should be imposed as conditions of IUP approval is considered a policy matter to be determined by the City. /0// Planning Report—ISD 191 IUP March 23, 1999 Page 6 Approval of this IUP will have the effect of terminating the existing IUP, resulting in a single IUP allowing 16,000 square feet of the Cedarvale Mall to be used by ISD 191 for its Special Needs Program. ACTION TO BE CONSIDERED To recommend approval or denial of an Interim Use Permit (IUP) to allow a 6,000 square foot expansion to ISD 191's existing 10,000 square feet of classroom space within the Cedarvale shopping center located at 3914 Sibley Memorial Hwy in the NE 1/4 of Section 19. If approved, the IUP shall be subject to the following conditions: 1. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 2. The permit shall terminate on June 1, 2008. 3. School operations shall be limited to 8:OOam—4:OOpm. 4. The number of students shall be limited to 90. 5. All students shall be bussed to and from the site. 6. No school or recreational activities shall be allowed on-site outside of the Cedarvale building. 7. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 8. The existing Interim Use Permit shall be terminated. /n� ow Ind Mau am r Oil Late 01, ap=p, C�QZ�7G�:: , Cao Ay,G�y"'y Cj•+9a�r�ww■..+�+ I �7"�� • •©u�,��a riu-191 L s1 ,` .� Ei1> •--. �� rm i ran:"Mi .. v al tape.. E220312 ZVETS l]fJ E\V ©vs�� ••. �217L�LEJ• --- ---- - YGGv1��1�Ca Y � iA� �� ri1��i1 �n I•�„ � .�. Kj Sam Development/Developer. Interim Use Permit Application: Wayzata Bay Center Co. Case No.: 19-IN-02-02-99 ia prowled .' ... Zoning and Comprehensive Guide Plan Wayzata Say Co. Land Use Map Case No. 19-IN-02-02-99 milli 41 MEN ® / �MM Current Zoning: cSC Community Shopping Center INEEMER Pa will OWN <3►3rO� O Vii■ �i� • •�� • ■■ ■a► ��mill I e lit- a• '.\ J \ , 1 Al W \� 0 Z K � WLU ui 04 \ 1 a IL F o •./ is �� r... .3 SITE PLAN - - - - - - - - - - - -�- �=- �� --fir-- ��• ��--�, - - - ' - -- - - - - - - - - - - - - - - - - = - Lo- = i - - - - - - - -_ - - ru3 12 7kt a _ 7J _ - 4z, FLOOR PLAN WIRTANEN February 15, 1999 CLARK LARSEN Ms. Pam Dudziak City of Eagan Architects Inc. Planning Department 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Cedarvale Mall Interim Use Permit Ms. Dudziak, Cedarvale Mall would like to lease an additional 6,000 s.f. to the Burnsville-Eagan-Savage School District for their Special Needs program. The term of the lease would be 9 years. We hope to begin construction in April, with a July completion in preparation for the upcoming school year. Currently, the school district's Special Needs Program (Students with learning, behavioral and emotional difficulties) is housed in two facilities. Vale serves forty-six students in grades 7 through 12, Cedar School serves 16 students in grades K through 6. It is their desire to consolidate the program into one facility. It will provide a more cohesive and interactive staff along with program efficiencies. We anticipate a maximum of eighty to ninety students, one administrator, twelve teachers and fifteen teaching assistants. There will also be two social workers, a physical education teacher and support staff. Hours will be from 9:00am until 4:00pm. Students would arrive and depart by 32 passenger buses, four to six total buses per day. They would load and unload at the schools' main entry on the north. The facility is designed for small group and individual learning, no more than eight students per classroom. Students are given basic classroom instruction along with instruction in everyday living skills. The program is self contained and highly supervised. Currently, the City's "Zoning" and "Comprehensive Guide Plan" label Cedarvale Mall as "community shopping center". The surrounding properties are largely zoned commercial with some multiple-unit dwellings (an allowed conditional use). We are bounded by Highway 13 to the Northwest and Highway 77 to the Southwest. /� APPLICANT NARRATIVE Page 2 The proposed parking and traffic patterns will be minimally effected. We will add up to six bus trips per day and approximately ten cars for staff. The parking is already there and faces Highway 13, away from all adjacent land uses. Accessible parking is adjacent to our entry. The hours of operation would begin slightly earlier than the mall, but would also conclude by mid- afternoon, prior to peak mall usage. We only plan on minor changes to the mall itself. The corridor within the mall will remain, all new finishes will match the existing. Our current entry will be maintained. On the exterior we will install a new metal exit door painted to match the wall. This will be the only visible alteration to the mall. We should not impact the mall in any way. As we stated last year, we do not see any conflict of use in this project. We feel it is a good use of an existing underutilized facility. Over the past decade, with the change in traffic/shopping patterns and the addition of newer malls, the Owner has seen Cedarvale Mall slowly decline as a community shopping center. We look at the addition of classroom space as a way to stabilize the mall and potentially help revitaltize it. Educational facilities and shopping centers are both "user friendly" services that benefit the community. Neither should detract from the other. I hope that this information meets your needs. Attached are full size and 8'/Z" x 11" site plans and the sketch floor plans. Also, a copy of the informational letter sent to me by the school district is attached. Please contact me if you have any questions. Thank you. Sin erely/ ul D. Anderson, AIA WCL Associates, Inc. (G:\9800\9916 vec_csvetters\L_0215pd.wpd) l� ' MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651-6814700 S~~ 651-6814738 FAX q 0 p N DATE: March 17, 1999 TO: Mike Ridley, Senior Planner FROM: Pat Geagan, Chief of olic 4 SUBJECT: Vale Education Center The recent request for the expansion of the Vale Education Center at 3918 Cedarvale Boulevard has raised issues of concerns for the Eagan Police Department. We understand that all children need a place to be educated, but as a police department it our job to make sure that the students, educators and public are safe in the learning environment. Since the inception of the school in September of 1998, the Eagan Police Department has responded to approximately 16 calls for service. A query of the address documents the following. 5 - assault reports (two incidences of students striking their teachers, student hitting another student with a chair, student pushing and threatening bodily harm to teacher, student punching student) 2 - criminal damage to property 4 - 9-1-1 hang-ups 1 - weapons issue (razor blade) 1 - disorderly conduct(throwing desks) 1 - info/student leaving the school 1 - assist other department/theft and drug possession 1 - possession of tobacco 16 total ** The above cases resulted with criminal charges being filed with the exception of the 9- 1-1 hang-ups. The above call load may appear to be low, but when you take into consideration that there are only 30- 40 students at the school at a given time and the calls for service have been during a 7 month period it raises concerns. You must also consider that a majority of these calls require at minimum two patrol officers spending an average of one hour at the school. During this time both officers are not available for other calls in the community. POLICE DEPARTMENT CORRESPONDENCE Another concern that also must be addressed is that the expansion of the school will open the facility to K-12 students, opposed to the current 7-12. Because of the younger age school children, it is safe to assume that Dakota County Social Services and Children Protection may be more involved. This activity will also increase the need for law enforcement involvement through cross reporting guidelines. The police department has also learned that approximately 25%of the student population at Vale will consist of Scott County residents because of the Burnsville/Eagan/Savage school attendance boundaries. Is it fair to expect the Eagan/Dakota County residences pay for services that are provided to these students? We have checked with other similar level V programs,(a level five program is provided to special education students who have escalated their behaviors beyond the capabilities of a mainstream school) specifically Thompson Heights in So. St. Paul (district 917) and Dakota Ridge in Apple Valley (district 196) and learned the following. Dakota Ridge has approximately 120 students ranging from K-12 and they employ a fulltime Deputy from Dakota County Sheriff Department. At Thompson Heights, their student population is approximately 160 students and they also employ a full-time deputy from the Sheriffs department. Both officers spoke of how busy they are on a daily basis, although specific numbers could not be obtained. With the increase in student population and the new age diversity, it is the recommendation of the Eagan Police Department that a fulltime police officer be a consideration for the expansion of the Vale Education Center because of an expected call for service increase. It has been suggested that Eagan's current SRO (school resource officer)be utilized. At the present time, the Eagan Police Department does provide SRO services to four middle and high schools in Eagan, assigning the officer to another school would interfere with the current contracts that have been established with the Eagan and Burnsville school districts. The annual cost of a SRO is approximately $82,000, which covers salary and benefits. This does not include the cost of equipment that the officer would need to perform their duties (i.e. squad car, tape recorders, cameras, etc.) In closing, a second alternative that may be more viable is to increase the District 191 staff on campus. We feel that an increase in staff would lower the student/staff ratio. This alternative would provide more supervision and counseling services to these at-risk or vulnerable children. Furthermore, the one to one service would assist in the de-escalation of inappropriate behaviors and decrease the need for law enforcement intervention. / /O Agenda Information Memo July 20, 1999 Eagan City Council Meeting VIEW BUSINESS A. 5 YEAR CAPITAL IMPROVEMENT PROGRAM (2000-2004) ACTION TO BE CONSIDERED: Approve the 5-Year Capital Improvement Program (2000-2004) Part III (Public Infrastructure — Streets and Utilities) and authorize its implementation. FACTS: • Every year, the City Council reviews and adopts a Five (5)Year Capital Improvement Program (CIP). This consists of General Government Facilities (Part I), Major Equipment (Part II), and Public Infrastructure Facilities (Part III). • Historically, it has been adopted in the Fall of the year. However, due to the need to perform more advanced planning, funding applications, right of way acquisition, inter-agency agreement processing, etc., it has become necessary to accelerate the review and adoption schedule for the Public Facilities (Streets and Utilities) portion of Part III. • On June 29, 1999, the City Council reviewed the draft prepared by staff and provided direction regarding the programming of various projects. These revisions have been incorporated into the Part III 5 Year CIP (2000-2004) that is now being presented to the Council for formal adoption. The first year's programmed improvements have been summarized out of the larger document for quick reference. • Once this CIP is adopted, staff will begin the public hearing and informational meeting and notification process associated with the programmed 2000 improvements. ATTACHMENTS: • 5-Year CIP document, forwarded under separate cover. • Year 2000 summary,pages through 1�. i it I I os 05£'9z9'z$F�` BES'8Z8'OE$ RENOWN-, , E" I _ i I Z OOL'L9 L$ LLJ OOd109L`L$ ��i �� O (V j 06b'O L Z,#$ N I Z I E � I W OOL'9ZE$ W cM 0 ♦� 000'OSz'Z$ N cn a. i W N O t/1 j >- C 0007zv$ : n1 N 000'06£$ o M L8E'606'4$ ) a) J U) OOL'6EE$ 004'LL9$ N W L"'$s9'L$ ' i z E it II I ' 00 L'98£$ a OOz'9L4'3 o N Q i Z O O O O O O O 64 O O O O O O O O O O O O O O o O O O O O O CD O rn oo CL O LO O � O .- 69 U � dM9 669 669 64 69 n U' 11ar-2 CITY OF EAGAN 5 YEAR CAPITAL IMPROVEMENT REQUEST (2000 - 2004) ARTERIAL&COLLECTOR IMPROVEMENTS Location Description Special City Fund Total CIP Assessment 2000 1 HWY 13(SILVER BELL TO YANKEE DOODLE) Upgrade to 4 lane divided w/Trail(E.Side)& $0 $650,000 $650,000 Signal at Blackhawk 2 DUCKWOOD DRIVE(Denmark-Lexington) Overlay $103,000 $36,050 $139,050 3 HWY 55 -WEST SEGMENT (Access Mod.&Front Rd.) New Construction $400,000 5400,000 $800,000 4. GALAXIE AVENUE(Berkshire Drive-Apple Valley) Overlay $5,200 $194,700 $199.900 5 CLIFF ROAD(Ches Mar to Lexington) Upgrade to 4 Lane Divided w/Trails $155,000 $970,000 $1,125,000 6 DENMARK AVE(Approx.600'North of Northwood Parkway to Clubview Ave) New 36-with Sidewalk(E.Side) $50,000 $750,000 $800,000 TOTAL-2000 $713-200 $3-000.750 43-713.950 LOCAL STREET IMPROVEMENTS Location Description Special Major Street Utility Enterprise Total CIP Assessment Fund Funds Im 1 %IENNA ROODS Overlay S129.500 5285,500 513.000 5428.000 2 OLD SIBLEY MEMORIAL HWY Resurface 590,000 50 S8.500 S98.500 3 CROSSROAD COURT, KINGLET COURT Overlay S5.000 511,000 50 S16.000 4 WILDERNESS PARK Overlay 550,000 5106.440 57,000 $163,440 5 HILLTOP ESTATES Overlay 5122,000 5180,880 530,000 5332,880 6. HWY 955(EAST SEGMENT),SOUTH FRONTAGE ROAD Upgrade 5178,000 5172,000 $45.000 5395.000 7.SEL\1ARK.HARVEY,BL'RRVIER ACRES ADDN Overlav $116,500 580.500 522.000 5219.000 TOTAL - 2000 $8161 0 2� 544 S Department 22 Sealcoat 2000-2004 General per. Major Street Description Fund Fund Total CIP 2M 599,699 square yards $50,000.00 $249,849.50 $299,84950 //3 5 YEAR CAPITAL IMPROVEMENT REQUESTS (2000 -2004) Department#21 & #22 Signals County/St. Special Description Total Cost Participation Trunk Fund TIF Proceeds Assessments Total CIP 2Q44 1. TH 13 @ Blackhawk Rd $450,000 $225,000 $225,000 $0 $0 $225,000 2 TH 55 @ Bluewater Rd. $225,000 $112,500 $37,380 $0 $75,120 $112,500 3 Diffley @ Johnny Cake Ridge Rd. $190,000 $95,000 ' $95,000 $0 $0 $95,000 TOTAL-2000 $865.000 L42Z-4 SQ Department#21 &#22 Streetlights Utility Description Enterprise Fund Total CIP 2000 1. Galaxie& Westwind Trail (Upgrade) $1,800 $1,800 2. TH 13& Four Oaks Rd. (Upgrade) $2,300 $2,300 3. TH 13 & McCarthy Rd. (Upgrade) $2,300 $2,300 4. Rahn Rd. &Zircon Ln. (New) $3,700 $3,700 Total -2000 $10.100 $10.100 Department 61 Water Trunk Distribution System Special run Description Assessment Fund Total CIP 2000 1 Pt #210 - P.R. Station (Cliff Rd.) $0 $36,000 $36,000 2 Point #285 to Walden Heights $56,000 $48,400 $104,400 (Brown Property, 1,550 LF) TOTAL - 2000 6.000 $84-400 140.40 Department 61 System Operation and Facilities Replace. & bupply Stor. Description Renewal Treatment Total CIP 200 1. Pull & inspect Wells #6, 17 and 8 $60,000 $60,000 2. Purchase 10 acres of land from Blue Cross 0 / 400,000 400,000 5 YEAR CAPITAL IMPROVEMENT REQUESTS (2000 -2004) Department 62 Sanitary Sewer - Trunk Conveyance Special Description Assessment Trunk Fund Total CIP 2000 None Anticipated Department 64 Storm Sewer-Conveyance Storm Sewer Description Trunk Fund Total CIP 2444 I. CP-4 to CP-3(1,300 LF 12") $53,600 553,600 Lockheed Martin property 2. HDP-1 to HP-11 (700'LF 12") $30,000 $30,000 3, A-hh to AP-39(1,000 LF,60") $218,700 5218,700 Section 18-River Bottom 4. LP-23 to LP-22(750 LF) 12"West Half $35,000 $35,000 Dodd Road 5. EP-4.1 to EP-2(1,200 LF 12")North Park $60,000 560,000 Total -2000 u2zj00 S397-300 Department 64 Water Quality Management Dept. Description Conveyance Water Quality R & R Total CIP 2444 1. Beacon Hills Road $30,000 $30,000 2_ Delta Removal/System Rehab. $37,500 $37,500 3. Thomas Lake Improvements $40,000 $40,000 4. O'Leary Pond Improvements $40,000 $40,000 5. Fish lake outlet reconstruction $50,000 $50,000 6. General Pond Modification $40,000 $40,000 7. Local Street Improvement $30,000 $30,000 8. Gerttury Pt.Addn (K*catsky Fun.H—) $150,000 $150,000 1/6"0— Agenda Information Memo July 20, 1999 Eagan City Council Meeting B. REQUEST FOR WAIVER OF PAYMENT OF SEWER AVAILABILITY CHARGE-LINVILL PROPERTIES-DAY BY DAY CHILD CARE DEVELOPMENT CENTER ACTION TO BE CONSIDERED: To approve or deny Linvill Properties' request to waive Sewer Availability Charges (SAC) and related fees for the Day By Day Child Care located at 4130 Blackhawk Road. If the request is denied,potential collection through a special assessment should be authorized. FACTS: • On July 17, 1996 a building permit was issued for remodeling work which changed the use on a portion of the shopping center from retail to day care facility. That change in use requires the payment of additional SAC fees as determined by the Metropolitan Council-Environmental Services (MCES). SAC fees are based on square footage for retail uses and are based on estimated water usage and fixtures for day care facilities that would typically result in a higher usage of the system. • While the City makes every effort to collect the additional fees when the building permit is issued, the use change was overlooked and no additional SAC fees were collected with the building permit. • In June of 1998 a SAC audit was completed by the MCES and a determination was made that three additional SAC units were due because of this use change. The three units at the 1996 rate of$900 per unit resulted in a bill from MCES for$2700. • The MCES policy allows for payment at the rate in effect when the change was made. However, they hold the City liable for collection from the property owner while requiring payment from the City. • The City of Eagan also collects its own SAC fee of$100 per unit($300 total) and a Water Treatment Plant charge pegged to SAC units at a 1996 rate of$396 per SAC unit($1188 total). • Since July of 1998 the City has been attempting to collect this $4188 bill from both the builder and the property owner. • To prevent penalty provisions from being implemented by the MCES, the City has made payment of the $2700 for the MCES SAC units. • Mr. Linvill representing Linvill Properties has taken the position that since the payment was not requested at the time the permit was issued, a mistake was made by the City and the City should be obligated for any money due the MCES. • It has been the City's past practice to collect these charges from the property owners and to assess the charges if necessary. • Mr. Linvill has asked that the issue be brought before the City Council for a resolution. /M ATTACHMENTS: • Enclosed on pages and is a copy of a letter sent to former Mayor Egan by Mr. Linvill explaining his osition. • Enclosed on pages 0 and is a copy of a letter sent to Mr. Linvill by Finance Director VanOverbeke explaining the City's position. inviff 3roperties nc. Burnsville Heights Business Center 11975 Portland Ave.So.,Suite 138 Burnsville,Minnesota 55337 (612)890-5400 October 21, 1998 Thomas Egan Mayor City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Day by Day Child Development Center 4130 Blackhawk Road, Suites 140-146 Lot 1,Block 1,Blackhawk Plaza Dear Mayor Egan, This letter is to recap a series of events prior to our receiving a bill from the City of Eagan for$4,188.00 for three(3) SAC units for our shopping center at 4130 Blackhawk Road, nearly two years after completion of construction of the Day by Day Child Development Center. In May 1995 members of my family purchased Blackhawk Plaza which had never been able to achieve over 65% occupancy. We immediately changed the name to Diffley Square and proceeded to upgrade and lease out the vacant space, which we were able to complete by the summer of 1996. In July 1996 Day by Day Child Development Center, Inc. entered into a lease with us and was in need of a general contractor to build out their improvements. We recommended Oakwood Builders, Inc.,with whom they contracted. Oakwood Builders took out building permit#28264 (a copy of which is enclosed)and received a building permit(copy enclosed)which was inspected by the plumbing inspector and finalized on August 9, 1996,by the building inspector. We received a letter in July of 1998,nearly two years after the initial building permit was taken out, from Dale Schoeppner, Assistant Building Official for the City of Eagan,requesting a check for$4,188.00. A copy of the letter is enclosed along with a copy of the letter from the Metropolitan Council to the City of Eagan. D evelopment L easing M anagement 14 We contacted Bruce Haverly,President of Oakwood Builders,Inc.,who also received a copy of the letters. It is our position that the City of Eagan cannot send us a bill two years after completion for money that the Metropolitan Council says that the City of Eagan owes when full disclosure was made to the City of Eagan about the use of the space and all fees were paid at the time the building permit was taken out. We would be glad to meet with you to provide any further information necessary for the City of Eagan and the Metropolitan Council to resolve this matter. Yours truly, Ralph W. invill President RWL:mtc Enclosures Development Leasing Management � � 7 city of eagan PATRICIA E Av%!ADA Moyer Februa 25, 1999 PAUL I\ ry BEA BLOMOMQ'J!S' PEGGY A.C.ARLSCN SANDRA A. MAS1% COuncd Me= THOMAS HEDGE, Mr. Ralph W. Linvill Cit, Ac- President E.J. VAN 0'v'ER5EKE Linvill Properties Inc. C1-ycierK Burnsville Heights Business Center 11975 Portland Ave. So., Suite 138 Burnsville, Minnesota 55337 RE: Day by Day Child Development Center 4130 Blackhawk Road, Suites 140-146 Lot 1, Block 1 , Blackhawk Plaza Dear Mr. Linvill: I am writing this letter as a follow-up to the City's efforts to collect for additional Metropolitan Council Environmental Services (MCES) SAC units at the above referenced property and to your subsequent letter to Mayor Egan. I don't believe that there is any question as to the facts of this situation and the chronology of events that have taken place. They are well laid out in the original City letter and in your letter to Mayor Egan. I would add, however that all fees that were requested at the time of the building permit were paid which unfortunately did not include all fees. In situations where SAC adjustments are required the obligation is sometimes only discovered through the course of a MCES SAC audit which is not always completed in a timely manner. Any time a change in circumstances such as building usage results in more sewer flow, payment of additional SAC units is required. I certainly realize that invoices after the fact cause special problems related to construction costs, leasing costs and other arrangements. However, it is obvious that the MCES is going to require payment and either the benefiting property or the citizens of the City at large are going to be required to pay. The City of Eagan has concluded in these situations that the benefiting property is responsible for the obligation and not the community at large. MUNICIPAL CENTER 3830 PILOT KNOB ROAD THE LONE OAK TREE MAINTENANCE FACILITY 3501 COAC-'.'='.=�^.- EAGAN, MINNESOTA 55122.1897 THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 C AC-%',C': 5,- PHONE (651)681-4600 PHONE FAX (651)681.4612 Equal Opportunity Employer FAX TDD (651)454-8535 �� TDD RALPH LINVILL FEBRUARY 25, 1999 PAGE TWO We have been very flexible in payment terms and have continued to request payment at the rates in effect when the change was made not at current rates while adhering to the principle that the benefiting property owner pay. In the past the City has agreed to payment terms with no interest and in some cases assessed the property and collected the payment with the property taxes. I am very open to considering a wide range of options in assisting property owners in addressing this situation. Thank you for your attention to this matter and anticipated assistance in resolving the issue. Please contact me at (651) 681-4616, if I can provide any additional information or insight into the matter. Sincerely, E.J. VanOverbeke,CPA Finance Director/City Clerk cc: City Administrator Hedges Chief Building Official Reid Assistant Building Official Schoeppner Agenda Information Memo July 20, 1999 Eagan City Council Meeting C. PRLIMIMINARY PLANNED DEVELOPMENT & PRELIMINARY SUBDIVISION (CEDARVIEW 2ND ADDITION)—DECALLA PROPERTIES ACTION TO BE CONSIDERED: ➢ To approve a Preliminary Planned Development to allow 8 single family residential lots upon approximately 4.0 acres of land located south of Cliff Road and west of Nicols Road in the northwest '/4 of Section 31. ➢ To approve a Preliminary Subdivision (Cedarview 2nd Addition)to allow the creation of an 8 lot single family residential subdivision located south of Cliff Road and west of Nicols Road in the northwest '/4 of Section 31. FACTS: ➢ The subject 4.0 acre property previously existed as excess T.H. 77 (Cedar Avenue) right-of-way. ➢ On May 18, 1999 City Council implemented a Comprehensive Guide Plan Amendment establishing a D-I, Single Family Residential Land Use Guide Plan designation and a Planned Development (PD) zoning designation upon the subject property. The PD zoning designation was established to allow flexibility from the certain City Code provisions in order to retain the maximum amount of significant trees that exist on the property. ➢ The development plan illustrates that much of the existing vegetation will be retained between the turnaround and Nicols Road. ➢ At their regular meeting on June 22, 1999, the Advisory Planning Commission held a public hearing to consider the Preliminary Planned Development and Preliminary Subdivision and recommended approval subject to the conditions listed in the staff report. ATTACHMENTS (2): Minutes of the June 22, 1999 APC meeting,page)0?3hrough/.). Staff report, pageV�through Page 3 June 22, 1999 ADVISORY PLANNING CONMSSION PRELIMINARY PLANNED DEVELOPMENT & PRELIMINARY SUBDIVISION - DECALLA PROPERTIES Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision approval to allow the creation of an 8-lot single family residential subdivision entitled "Cedarview 2nd Addition". The proposed subdivision overlays 4.0 acres of former excess T.H. 77 right-of-way located south of Cliff Road and west of Nicols Road in the northwest 1/4 of Section 31. The subject property is zoned PD, Planned Development which necessitates the approval of a Preliminary Planned Development in conjunction with the preliminary subdivision request. Approval of the Preliminary Planned Development would simultaneously constitute approval of a Final Planned Development to be considered in conjunction with the Final Subdivision. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated June 17, 1999. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Kirmis recited the recent land use decisions made by the City regarding the parcel. Mr. Kirmis noted that the Engineering Department had requested an additional item be added as a condition of approval with respect to storm sewer pipes and catch basins. The applicant indicated that he was willing to answer any questions and that he understood the added condition. Chair Heyl closed the public hearing. Member Segal inquired as to the use of a private easement versus an outlot. Discussion ensued with respect to the use of homeowner's association and covenants which contain maintenance agreements. Member Miller moved, Member Frank seconded, a motion to recommend approval of a Preliminary Planned Development to allow 8 single family residential lots upon approximately 4.0 acres of land located south of Cliff Road and west of Nicols Road in the northwest '/4 of Section 31, subject to the following conditions: 1. The City approve the Cedarview 2nd preliminary subdivision and the developer satisfy all the conditions attached thereto. All voted in favor. Member Anderson moved, Member Frank seconded, a motion to recommend approval of a Preliminary Subdivision (Cedarview 2nd Addition) to allow the creation of an 8-lot single family residential subdivision located south of Cliff Road and west of Nicols Road in the northwest '/4 of Section 31, subject to the following amended conditions: /C 3 Page 4 June 22, 1999 ADVISORY PLANNING CONMSSION 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1 C1, C2, Dl and E1 2. The property shall be platted. 3. The developer shall prepare a private easement document for the private street to Lots 4 through 8. This document should be submitted for review and approval by the City Attorney's office prior to Council action on the Final Subdivision. The developer shall record the easement with the plat. 4. The developer shall prepare a private ingress-egress easement document for the proposed private street for review and approval by the City Attorney prior to final subdivision approval. This easement shall be recorded with the final plat. 5. The following tree preservation related conditions shall be satisfied: A. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. B. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. C. Individual Lot Tree Preservation Plans shall be required at the time of building permit application for lots 3 and 8. 6. This proposal shall be subject to a cash parks dedication and cash trails dedication. 7. A cash dedication of$2,640 shall be provided in lieu of on-site ponding be for the development. 8. Storm sewer pipes and catch basins, conforming to City engineering standards, shall be built at the intersection of the private street and Nicols Road. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 17, 1999 CASE: 31-PS-12-01-99 31-PD-03-06-99 APPLICANT: Decalla Properties HEARING DATE: June 22, 1999 PROPERTY OWNERS: Decalla Properties PREPARED BY: Bob Kinnis REQUEST: Preliminary Subdivision and Preliminary Planned Development LOCATION: (NW '/4 of section 31) COMPREHENSIVE PLAN: DI, Single Family Residential (0-3 units/acre) ZONING: PD, Planned Development SUMMARY OF REQUEST Decalla Properties is requesting Preliminary Subdivision approval to allow the creation of an 8 lot single family residential subdivision entitled"Cedarview 2nd Addition". The proposed subdivision overlays 4.0 acres of former excess T.H 77 right-of-way located south of Cliff Road and west of Nicols Road in the northwest '/4 of Section 31. The subject property is zoned PD, Planned Development which necessitates the approval of a Preliminary Planned Development in conjunction with the preliminary subdivision request. Approval of the Preliminary Planned Development would simultaneously constitute approval of a Final Planned Development to be considered in conjunction with the Final Subdivision. AUTHORITY FOR REVIEW Subdivision: 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. Planning Report—Decalla Properties June 22, 1999 Page 2 B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including,but not limited to,topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding,water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of 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." /�6 Planning Report—Decalla Properties June 22, 1999 Page 3 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; (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 4.0 acre property previously existed as excess T.H. 77 (Cedar Avenue) right-of-way. On May 18, 1999 Eagan City Council implemented a Comprehensive Guide Plan Amendment establishing a D-I, Single Family Residential Land Use Guide Plan designation and a Planned Development (PD) zoning designation upon the subject property. The PD zoning designation was established to allow flexibility from the certain City Code provisions in order to retain the maximum amount of significant trees that exist on the property. EXISTING CONDITIONS The subject property is unplatted. The site contains significant topography and mature vegetation that will influence the development of the property. The site is accessed from the east via Nicols Road, a designated"neighborhood collector" street. No wetlands exist on the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Office Building; zoned LB, guided LB South- Trunk Highway 77 East - Single Family Residential; zoned R-1, guided R-1 West - Trunk Highway 77 Aw? Planning Report—Decalla Properties June 22, 1999 Page 4 EVALUATION OF REQUEST Planned Development The subject site is zoned PD, Planned Development. The PD zoning designation was established by the City Council as a means of providing some flexibility from the City's standard R-1 requirements in order to achieve a more environmentally sensitive subdivision design. Preliminary Subdivision Compatibility with Surrounding_Area- The subject site is bounded on the north by office type uses, on the east by single family residential uses, and on the southwest by the T.H 77 (Cedar Avenue) right-of-way. The proposed addition of single family residential uses of comparable density to the neighboring homes to the east appears compatible with existing and anticipated surrounding land uses. Densi - A total of 8 dwelling units have been proposed upon the subject 4.0 acre property. This results in a density of 2.0 units per acre, consistent with the density of the Comprehensive Guide Plan. Subdivision Design- The proposed subdivision design is appears to respond well to various site design parameters including existing vegetation, topography and access limitations. Specifically, the building pads of Lots 4 and 5 have been placed to save several Bur Oak trees including a 42" specimen tree. While direct driveway access to "neighborhood collector" streets is not prohibited, it should be discouraged when other access alternatives exist. In response to these access objectives, the development plan calls for an interior private street (which provides access to 5 lots) and a shared driveway from Nicols Road. Lots - While the PD, Planned Development zoning designation does not establish minimum dimensional requirements, the requirements of the R-1, Single Family Residential zoning designation are considered an appropriate guide. Within R-1 zoning districts, the minimum lot area requirement is 12,000 square feet. Lots within the proposed subdivision range from 14,942 to 25,263 square feet with an average size lot measuring 21,784 square feet in size. Thus, the minimum area requirements of the parallel R-1 district have been satisfactorily met. Likewise, all lots have been found to meet or exceed the minimum R-1 district lot width requirement of 85 feet. As mentioned previously, a total of five lots are to be provided access via a private street. Such private street responds to the applicant's desire minimize tree removal. The creation of lots that are not afforded public street frontage can be accommodated via the Planned Development. Details related to the proposed private street will be addressed in a latter section of this report. /Plf Planning Report—Decalla Properties June 22, 1999 Page 5 Setbacks - The PD zoning designation does not establish specific setback requirements. Again, the R-1 district standards are however considered an appropriate guideline. In this regard, The following minimum setbacks (as applied in the R-1 zone) are applicable to the proposed development: From streets Nicols Road 30 feet Private Street 20 feet Side yard 10 feet Rear yard 15 feet All proposed lots demonstrate an ability to comply with the aforementioned setbacks. Grading - The preliminary grading plan is acceptable. The site is heavily wooded with elevations ranging from 928 to 962 feet. The preliminary grading plan shows initial grading of the proposed private street and the house pads for Lots 4 through 8. The remaining lots are proposed to be custom-graded at time of building permit issuance. Storm Drainage - The preliminary storm drainage plan is not acceptable. Storm sewer pipe and catch basins in accordance with City Engineering standards should be constructed at the intersection of the proposed private street with Nicols Road. Utilities - Sanitary sewer and water main are available for connection. Streets/Access/Circulation -Public street access is available for Lots 1 through 3 directly onto Nicols Road. Lots 4 through 8 are proposed to receive driveway access onto a private street extended west from Nicols Road. The private street will be a minimum of 20 feet wide with concrete curb and gutter, as shown on the site plan. Easements/Permits/Right-of-Way- The developer should prepare a private easement document for the private street to Lots 4- 8. This document should be submitted for review and approval by the City Attorney's office prior to Council action on the Final Subdivision. The developer should record the easement with the plat. Water Quality/Wetlands - This development is located in Drainage Basin A in southwest Eagan. The development will generate runoff that will be discharged to Pond AP-9, a 5.5-acre pond designated as a sediment basin in the City's water quality management plan. Pond AP-9 in turn discharges to AP-6, a designated stormwater management basin,which in turn discharges to AP- 39, also classified as a sediment basin, which then discharges to the Minnesota River bottomlands. There are no recreational classified water bodies downstream of the proposed development. Planning Report—Decalla Properties June 22, 1999 Page 6 Because this is a small development, staff recommends that no on-site ponds be constructed to treat runoff from the impervious areas of the development parcel. However, a cash dedication in lieu of on-site ponding is recommended. There are no jurisdictional wetlands within the development parcel. Tree Preservation-Approximately 50% of the site is covered with some type of significant vegetation,with the other half covered with grass. A tree inventory has been submitted for this site. It indicates that there are 69 individual significant trees on site, and 10,100 square feet of significant woodlands on site. Individual tree species include bur and red oak(8"to 42"diameter),boxelder(12"to 19"diameter), blackcherry (6"to 19"diameter), and cottonwood (12"to 20" diameter). The significant woodland is comprised of aspen, cottonwood, and boxelder tree species, ranging in diameter from 4"to 12". Initial development as proposed for this site will result in the removal of 12 significant trees (17.4% of the total), and in the removal of 3,000 square feet of significant woodlands (29.7% of the total). According to the City of Eagan Tree Preservation ordinance, allowable removal for this type of development (multiple-lot single-phase single-unit residential) is set at 25% for initial development (street construction etc.) and 40% for total site development. With a combined significant tree/woodland removal less than allowable limits, there will be no mitigation applied to this application for initial development. Custom grading will occur within this development on lots 3 and 8. Individual Lot Tree Preservation Plans will be required at the time of building permit application for these two lots. Parks - Cash park and trail dedication will be required for the newly created lots. For 1999, a cash park dedication fee of$1,235 per unit is required while a dedication of$163 per unit is required for trailway dedication. Airport Noise Considerations - The subject property lies outside of the airport noise exposure zones established by the Metropolitan Council. SUMMARY/CONCLUSION The proposed 8 lot single family residential subdivision is consistent with the land use directives of the comprehensive plan and appears compatible with existing and anticipated uses in the area. 130 Planning Report—Decalla Properties June 22, 1999 Page 7 ACTION TO BE CONSIDERED A. To recommend approval a Preliminary Planned Development to allow 8 single family residential lots upon approximately 4.0 acres of land located south of Cliff Road and west of Nicols Road in the northwest '/4 of Section 31. If approved, the following condition should apply: 1. The City approve the Cedarview 2nd preliminary subdivision and the developer satisfy all the conditions attached thereto. B. To recommend approval of a Preliminary Subdivision (Cedarview 2nd Addition) to allow the creation of an 8 lot single family residential subdivision located south of Cliff Road and west of Nicols Road in the northwest '/4 of Section 31. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1 Cl, 2 D1 El 2. The property shall be platted. 3. The developer shall prepare a private easement document for the private street to Lots 4 through 8. This document should be submitted for review and approval by the City Attorney's office prior to Council action on the Final Subdivision. The developer shall record the easement with the plat. 4. The developer shall prepare a private ingress-egress easement document for the proposed private street for review and approval by the City Attorney prior to final subdivision approval. This easement shall be recorded with the final plat. 5. The following tree preservation related conditions shall be satisfied: A. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. B. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. /3 / Planning Report—Decalla Properties June 22, 1999 Page 8 C. Individual Lot Tree Preservation Plans shall be required at the time of building permit application for lots 3 and 8. 6. This proposal shall be subject to a cash parks dedication and cash trails dedication. 7. A cash dedication of$2,640 shall be provided in lieu of on-site ponding be for the development. 13c2 STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObliQations 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. 133 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. FINANCIAL OBLIGATION—CEDARVIEW 2ND There are pay-off balances of special assessments totaling $-0- on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. 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 Sanitary Sewer Lateral S.F. $21.85/F.F. 365F.F. $ 7,975 Water Lateral S.F. $22.10/F.F. 746 F.F. 16,487 Storm Sewer Lateral S.F. $23.95/F.F. 120F.F. 2,874 TOTAL $27,336 w = Giiii:� f1 i 1 o �fi��L�;'%`•!�+.�inn Gs�s =i' ►� :W3 LJ �:�v V rx � I=.nw ,AD A� �� —u•i� ac vV[�1�1 '�� - �; �;� r. OWL if i X17 u,�i Q'id�`71�h1►�r7G� bd � �i tom► i� [ Pip"0 111110 16-11' FWI r.•••� .Ia ■VIII. . `��►� �r •.o e. 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Lateral Benefit water : • Ex _ '1 * Lateral Benefit Storm Sewer s V` t•� 1\ T � w I E � - � = i I ....i..�........-- \11v \ i 1 t[ v Sj•• I_K 1! \` .,1 y --———————— �z=z 6.1s 15 y qr.•� ��' 1• s � �t•`i=iii�'�;� f� � t � � � � � O O .ACLr ,Z..r1roTT,SsX9r I fEDUNO OECALIA RRORER7E5 ,''�.,� w.,r..+.n.•i» �. t •+c 1M'Ns-.c � otNn�� ( II ..�..: ..+►�.... w 'Ut. -� Agenda Information Memo July 20, 1999, Eagan City Council D. PRELIMINARY SUBDIVISION (NORTHWOOD BUSINESS PARK) LEXINGTON EAGAN LIMITED PARTNERSHIP ACTION TO BE CONSIDERED: • To approve a Preliminary Subdivision(Northwood Business Park)to create one lot and one outlot on approximately 24 acres legally described as Outlot B,Lexington 2nd Addition,located north of Northwood Parkway and west of Lexington Avenue in the SE '/4 of Section 10. FACTS: • The property is vacant and contains numerous wooded areas, significant trees and scattered wetlands. The central part of the site was graded last year to extend sanitary sewer from Lexington Avenue west to Home Depot. From 1969 until 1992,the property was zoned for some form of residential development. In 1992,the City rezoned the property to limited industrial and amended the Comprehensive Plan accordingly and in 1997,the City again rezoned and reguided the property for Business Park development. • The proposed subdivision creates one lot for immediate development and one outlot for future subdivision and development. In order to evaluate the ultimate impact to the site,the developer has submitted,and staff has considered in its review,conceptual plans for the future development of Outlot A. • 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. • This item was originally before the APrC on June 14, 1999, and the APrC directed it to the Natural Resources subcommittee. The subcommittee met on June 29, 1999, and had some concerns about the tree removal and mitigation plan. Following that meeting,the applicant made further revisions the plans, and the most recent plans will be reviewed by the full APrC on July 19, 1999. Their recommendation will be made available to the Council at the Council meeting. ISSUES: The City Forester reports that 63.4%of the significant trees and 100%of the significant woodlands will be removed from the site. Reforestation is proposed to occur in phases and the removal and mitigation amounts adjusted with the final plans for each phase as it is completed. ATTACHMENTS: June 22, 1999,APC Minutes,pagei hrough Staff Report,pages JY 7 through 1�2 Page 10 r� June 22, 1999 ADVISORY PLANNING CONIIvIISSION PRELIMINARY SUBDMSION LEXINGTON EAGAN LTD PARTNERSHIP Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision of approximately 24 acres to create one lot and one outlot on property located north of Northwood Parkway between Lexington Avenue and Home Depot in the SE'/4 of Section 10. 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 issue of tree preservation and mitigation associated with the development of the site. The applicant, Mr. Jim Ostenson, informed the Commission that he was available for questions. Mr. Terry Davis, a member of the Advisory Parks & Recreation Commission (APrC) stated that the APrC has not had an opportunity to review the details of the proposal but had significant concern with respect to the tree removal and mitigation potential. Mr. Davis explained that a subcommittee of the APrC would be reviewing this matter on June 29, 1999. Chair Heyl closed the public hearing. Chair Heyl inquired of the applicant as to whether alternative designs to the one-story building had been reviewed in light of the issue with the trees. Mr. Ostenson explained that a multi-story building would not save any additional trees. Mr. Ostenson noted that it was the attempt to satisfy the parking requirement that caused the substantial loss of trees. He further explained that several variations of the design had occurred and that one of the elements involved in the loss of the trees is the current zoning of the property which best accommodates large buildings. Member Steininger explained that he thought the applicant had done a good job on a tough site and that the proposal fit the character of the surrounding area. Several Members agreed and further Chair Heyl noted that if the applicant can obtain a better solution on saving the trees with the APrC the Planning Commission would be in favor of such a result. Member Anderson moved, Member Segal seconded, a motion to recommend approval of a Preliminary Subdivision of approximately 24 acres to create one lot and one outlot on property located north of Northwood Parkway between Lexington Avenue and Home Depot in the SE'/4 of Section 10, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: l �� Page 11 June 22, 1999 f`, ADVISORY PLANNING CONMSSION , B1, B2, B3, B4, C1, C2, C3, C4, D1, and El 2. The property shall be platted. Storm Drainage 3. The trunk storm sewer outlet from Pond DP-13 shall be constructed as part of the first phase of this development. 4. A pipe outlet for the wetland along the north edge of the site shall be provided as part of this development to provide flood protection to the proposed buildings. Easements/Rights-of-Way/Permits 5. At the time of development of Outlot A, if access is to be provided directly to Lexington Avenue, the developer shall be responsible for obtaining Dakota County permit approval for that entrance onto Lexington Avenue (County Road 43). Wetlands and Water Quality 6. On-site ponding areas shall be constructed to provide treatment for runoff from this parcel. The pond excavations shall incorporate a 10-foot wide aquatic bench extending from NWL (normal water level) to 1 foot below NWL and side slopes below the aquatic bench should be 3:1 to a maximum depth of 6 feet. 7. A cash dedication in lieu of on-site ponding shall be required for the untreated portion of runoff from this site. 8. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of all unimpacted wetlands shall be preserved, except for those portions shown on the 6/2/99 revised grading plan. 9. Wetlands to be replaced shall be mitigated at a replacement ratio of 2:1. The mitigation wetland shown on the 6/2/99 revision provides 50% of the replacement needed and the remainder is provided by the on-site ponding areas and the wetland buffer strips. Landscaping 10. Prior to final subdivision approval, a final landscape plan shall be submitted by the applicant, subject to City staff review and approval, to provide sufficient growth room for trees and other plant materials, and to provide the required screening and amount of landscape materials relative to the building value. Page 12 June 22, 1999 ADVISORY PLANNING CONWISSION Tree Preservation 11. A revised tree inventory/preservation plan shall be submitted which confirms the number of significant trees located within the development site and the number of significant trees proposed to be removed. 12. Maximum tree preservation should be accomplished through the application of creative land use, site design and plan review. 13. A revised reforestation plan shall be submitted which indicates the installation of one-hundred forty-eight (148) Category A trees or two-hundred ninety-six (296) Category B trees or five-hundred ninety-two (592) Category C trees, or an equivalent combination of these trees as mitigation for tree removal in excess of allowable limits. Mitigation reforestation shall occur within the development site only if there is sufficient planting space following the approval of a submitted landscape plan. The balance of the mitigation can be fulfilled through reforestation on City park property or a cash payment. The form of mitigation to be applied shall be determined by the City. 14. A tree mitigation "credit system" will be employed for this site with the maximum preservation and required reforestation mitigation occurring within each phase. When the last phase is proposed reforestation mitigation will be recalculated by city staff and fulfilled by the applicant. 15. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 16. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Parks and Recreation 17. This development shall be subject to a cash parks dedication and a cash trails dedication. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 17, 1999 CASE: 10-PS-11-04-99 APPLICANT: Lexington Eagan Limited Partnership HEARING DATE: June 22, 1999 PROPERTY OWNER: Lexington Eagan PREPARED BY: Pamela Dudziak Limited Partnership REQUEST: Preliminary Subdivision LOCATION: North of Northwood Parkway and west of Lexington Avenue COMPREHENSIVE PLAN: BP—Business Park ZONING: BP—Business Park SUMMARY OF REQUEST Lexington Eagan Limited Partnership is requesting approval of a Preliminary Subdivision of approximately 24 acres to create one lot and one outlot on property located north of Northwood Parkway between Lexington Avenue and Home Depot in the SE '/<of Section 10. AUTHORITY FOR REVIEW Subdivision: 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 Planning Report—Lexington Eagan Limited Partnership June 22, 1999 Page 2 contemplated. 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." BACKGROUND/HISTORY In about 1969, this property was zoned R-6 (Multiple residential). Prior to that it was zoned Agriculture. Sometime in the mid-1970s, the zoning was changed from R-6 to R-4 and R-1 (Townhouse and Single-Family), and then to R-3 and R-4 (Townhouse/Apartment) in 1977. In 1992, the City rezoned the property from R-3 (Townhouse) to I-1 (Limited Industrial), and the 1993 Comprehensive Plan land use map showed the property designated for limited industrial development. However, the 1995 Central Area concept plan showed residential use for this Planning Report—Lexington Eagan Limited Partnership June 22, 1999 Page 3 property. Then in 1997, following the completion of the Trucking Study, the City initiated and implemented a Comprehensive Guide Plan Amendment from Central Area to Business Park and a zoning change from I-1 to BP (Business Park). The primary reasons for this change were that the City determined this site was inappropriate for outdoor storage and for the amount of truck traffic that might be expected with industrial development. EXISTING CONDITIONS The property is vacant and contains numerous wooded areas, significant trees and scattered wetlands. The central part of the site was graded last year to extend sanitary sewer from Lexington Avenue west to Home Depot. The site has variable topography with elevations ranging from 874 near the existing wetlands to 910 in the northwest corner. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- U.S.P.S. Bulk Mail zoned I-1 (Limited Industrial), guided IND (Limited Industrial) South - Eagan Promenade and Promenade Oaks Townhomes zoned PD (Planned Development), guided CA(Central Area) East - Two single family homes west of Lexington Avenue zoned Agriculture and guided CA, and Eagandale Corporate Center across Lexington Avenue zoned I-1 and guided IND West - Home Depot zoned PD and guided CA EVALUATION OF REOUEST Project Description - Access to the site is proposed via a public street(Northwood Circle) extending north from Northwood Parkway. A future access to Lexington Avenue is also proposed. The preliminary development plans show the first development phase, a 43,300 square foot single-story building, on the southwest portion of the site (proposed Lot 1, Block 1). The proposed use is 80% office/20%industrial mix and will be consistent with the Business Park zoning district. Conceptual development plans for the outlot show three additional buildings on three lots. Compatibility with Surrounding Area—The site acts as a transition from the residential development (Promenade Oaks Townhomes) and retail/commercial uses to the south and west (Eagan Promenade and Home Depot) to the industrial uses to the north and east (U.S.P.S. Bulk Mail and Eagandale Corporate Center). The proposed office/industrial uses are consistent with the BP zoning of the property. The City Code requires that development"show due regard for all natural terrain features." f �� Planning Report—Lexington Eagan Limited Partnership June 22, 1999 Page 4 The significant trees and scattered wetlands present significant challenges for development of this site. The typical large building footprints and parking requirements associated with business park uses complicate the development. To address these issues, the developer has submitted a narrative explaining the consideration given to the natural features of the site and the how they arrived at the present site design. Airport Noise Considerations—The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its present location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, offices and business park development is considered to be consistent. Lots—The applicant proposes one lot for immediate development and one outlot. The applicant plans to further subdivide Outlot A for future development and conceptual plans for development of Outlot A are included in this application so that impacts to the entire site can be considered at this time. Densi —The initial phase is a 43,300 square foot building consisting of 80% office. In an effort to increase tree preservation, the building size has been reduced since the initial plans submitted by the applicant. The Business Park zoning district allows building coverage up to a maximum of 40% of the lot size. Considering the significant vegetation and wetlands on this site,building coverage would be expected to be less than the maximum allowable. In the first phase, the 43,300 square foot building on 5.49 acres results in building coverage of 18%. Future phases for Outlot A appear to be around 23%building coverage. Parking - Parking requirements for the Lot 1, Block 1, appear to be satisfied,but will be subject to staff review for compliance with code requirements at the time of building permit application. Future development of the outlot similarly will be subject to review for compliance with code requirements. The City Code does not address a minimum width for parking stalls and parking stalls on the plans are shown nine feet wide. The City has typically required a ten-foot wide minimum width where the use generates high turnover such as for retail, but nine foot stalls have been allowed for offices and industrial buildings where the parking turnover is relatively low. Grading—The preliminary grading plan is acceptable. The southwest portion of the site is proposed to be graded with the first phase of development. Grading with the ultimate development of the property will disturb a majority of the site. All four buildings with ultimate development are proposed to be constructed at or near an elevation of 890. Storm Drainage—The preliminary storm drainage plan is acceptable with some modifications. A majority of the storm water runoff will be directed to an existing pond (Pond DP-13) and two smaller wetlands in the center of the site. The runoff will drain to constructed sedimentation basins before entering the wetlands. Planning Report—Lexington Eagan Limited Partnership June 22, 1999 Page 5 The City Storm Water Management Plan(1990) identifies the need for a storm sewer pipe outlet for Pond DP-13. This storm sewer system should be constructed as part of the first phase of development. A pipe outlet for the wetland along the north edge of the site should also be provided as part of this development to provide flood protection to the proposed buildings. Water Quality/Wetlands—This development is located in Drainage Basin D in north-central Eagan. This 24-acre development will generate runoff that will be discharged to DP-13, which is classified as a storm water pond in the City's Water Quality Management Plan. Pond DP-13 in turn discharges through a series of several ponds and lakes and then.via a lift station to LeMay Lake, which is classified as a Class I water body in the City's Water Quality Management Plan. Staff recommends on-site ponding to treat this runoff prior to discharge to Pond DP-13 and then to LeMay Lake. The development parcel is hilly and heavily wooded. The grading plan shows three stormwater ponding areas constructed on the site to treat runoff from this development. On-site ponding areas should be constructed to provide treatment for runoff from this parcel. The pond excavations should incorporate a 10-foot wide aquatic bench extending from NWL (normal water level) to 1 foot below NWL and side slopes below the aquatic bench should be 3:1 to a maximum depth of 6 feet. The ponding areas shown on the 6/2/99 revision provide 1.34 acre-feet (55%) of the 2.44 acre-feet of volume required to treat the runoff from this site. A cash dedication in lieu of on-site ponding should be required for the untreated portion of runoff from this site. The cash dedication is anticipated to be approximately $31,000. There are several jurisdictional wetlands within the development parcel. Three of the smaller wetlands totaling 0.22 acres will be impacted and on-site mitigation areas will be provided. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of all unimpacted wetlands should be preserved, except for those portions shown on the 6/2/99 revised grading plan. Wetlands to be replaced should be mitigated at a replacement ratio of 2:1. The mitigation wetland shown on the 6/2/99 revision provides 50% of the replacement needed and the remainder is provided by the on-site ponding areas and the wetland buffer strips. Utilities—The preliminary utility plan is acceptable with some modifications. Existing sanitary sewer is readily available through the center of the site for connection and extension by the development. A section of sanitary sewer in the northwest corner of the site is proposed to be relocated and the existing utility easement will then need to be vacated. Sanitary sewer is proposed to be provided to Lot 1, Block 2, Lexington 2nd Addition (south of Northwood Parkway) and to Parcel 010-75 southeast of the site. Water main is available to serve the development from Lexington Avenue to the east and Northwood Parkway to the south. �v Planning Report—Lexington Eagan Limited Partnership June 22, 1999 Page 6 Landscaping—The City Code requires tree mitigation to be provided in addition to the required landscaping. Landscaping should be provided for parking lot islands and to provide at least 75% screening of parking areas from public rights-of-way. Landscape value should be around 3% of the building value, however, a landscape plan that provides less than 3% of the building value may be accepted if the intent of the landscape ordinance is otherwise satisfied. A combined Landscape and Tree Mitigation Plan has been submitted. Since tree mitigation is to be provided beyond the required landscaping, the basis for evaluating the proposed planting plan is whether the landscape plan would be considered complete and in compliance with the landscape ordinance if the mitigation trees were excluded. In general, the proposed plan appears to follow the intent of the City Code, concentrating mitigation trees around wetland and ponding areas and in areas where the landscape ordinance does not require screening. The City Forester has expressed some concern that the plan is rather ambitious and that the placement of the proposed trees will not provide sufficient growth room. The final landscape plan shall be reviewed and revised by the applicant, and subject to City staff review and approval, to ensure sufficient growth room for trees and other plant materials, and to provide the required screening and amount of plant materials relative to building value. Access/Street Design—Primary public street access is proposed from a 400-foot long cul-de-sac (Northwood Circle) extended north from Northwood Parkway. This proposed street would provide public street frontage for each lot within the development. The proposed cul-de-sac is extended into the site between two existing wetlands. Because of the large wetland and restricted direct access to Lexington Avenue, access to the smaller building shown on the east end of the site is proposed to be provided across the adjacent parcel to the north. For the development of Outlot A, a future driveway access to the site may be allowed by Dakota County onto Lexington Avenue (County Road 43) at the time of its upgrade (now scheduled by the County for 2001). The upgrade will include a raised median that will restrict vehicle movements at the access only after the upgrade and upon the removal of the two existing driveways onto Lexington Avenue from Parcels 010-75 and 020-75 with possible future development of those parcels. A direct access to Lexington Avenue improves circulation through the site, but if for some reason that access is not allowed by the County, the ultimate development could be served entirely by the proposed Northwood Circle. Easements/Rights of Way/Permits—If access is to be provided directly to Lexington Avenue, the developer should be responsible for obtaining Dakota County permit approval for that driveway entrance onto Lexington Avenue. Tree Preservation—The City of Eagan has stated in its Draft Comprehensive Guide Plan and through its existing Tree Preservation Ordinance that it is in the best interest of the City and its residents to protect, preserve, and enhance the natural environment of the community. Eagan's vision statement pertaining to the environment states that the City of Eagan "will proactively protect its natural environment." The City also declares that it is desirable and essential to the Planning Report—Lexington Eagan Limited Partnership June 22, 1999 Page 7 health, safety, and welfare of the city to protect certain existing trees and plant material. The City Council finds that trees provide all of us with the benefits of oxygen, reduction of carbon dioxide,purification of the air, soil stabilization, increased property values, and improved aesthetic and psychological environment. The goal, to preserve trees, is accomplished through a prudent and resourceful approach to development of wooded areas. Specific methodology to achieve this goal is: a) to assure orderly development within wooded areas that minimizes tree and habitat loss, and b) to provide for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal during development. This thought process should be crucial in the review of this proposed development, as well as for any development proposal, where high numbers of large significant trees will be affected. There are twenty-one specimen trees within this site averaging 33 inches in diameter, and ranging from 30"to 45"diameter. Calculated average age for these specimen trees is 200 years. This 24-acre site is approximately 75% covered with some type of significant vegetation, with the balance of the site being either wetlands or graded areas from the installation of utilities for Home Depot. A tree inventory has been submitted for this site. It indicates that there are 254 individual significant trees on site. Individual tree species include bur and red oak (6"to 45" diameter), cottonwood (12"to 26" diameter), and scattered ash, elm, maple, willow, boxelder, and pine trees. Oak species comprise about 65% of the individual significant trees within the inventory. Twenty-one oak trees are classified as specimen trees, having diameters equal to or greater than 30 inches, (refer to Table 1 below). The submitted inventory also indicates that there are 31,775 square feet of significant woodlands on site. These woodlands are comprised of cottonwood, poplar, elm, and silver maple tree species. Table 1. Summary of existing trees and proposed tree removal. Diameter Class Number of Trees Existing Number of Trees Removed 6"to 20"Hdwds 103 75 (73%) 21"to 29" Hdwds 55 44 (80%) 30"+, Specimen Oak 21 15 (71%) Softwood Trees 75 36 (48%) Full development as proposed will result in the removal of 170 significant trees (66.9% of the total), and in the removal of all 31,775 square feet of the significant woodlands (100%). According to the City of Eagan Tree Preservation ordinance allowable removal for this type of development (multiple-lot single-phase commercial) is set at 47.5% (109 trees, 15,093 square feet of significant woodlands). With a significant tree removal more than allowable limits, there will be tree mitigation applied to this application. As the development is originally proposed, tree mitigation calculates to the /v03 Planning Report—Lexington Eagan Limited Partnership June 22, 1999 Page 8 installation of 148 category A trees, or 296 category B trees, or 592 Category C trees. Tree mitigation reforestation is in addition to the City landscaping requirements. Reforestation shall occur within the development site only if there is sufficient planting space following the approval of a submitted landscape plan. The balance of the mitigation can be fulfilled through a cash payment. The cash equivalent in lieu of reforestation is $88,800.00. Even though the applicant has stated that they plan to develop only the southwest corner of this site (Lot 1, Block 1) at this time,plan review in regards to tree preservation is being considered for the site in its entirety. For this reason, the amount of existing trees, trees to be removed, and tree mitigation has been reported and calculated for the entire site, including Outlot A. Tree mitigation reforestation will occur in phases as each phase is completed. A"credit system" shall be employed for this site with the goal of maximum preservation and required reforestation mitigation occurring within each phase (the exact size and location of each building phase should determine necessary tree removal, not a conceptual plan). As the last phase is completed reforestation mitigation will be recalculated and fulfilled. The following conditions should be applied to approval of this proposal: • A revised tree inventory/preservation plan should be submitted which confirms the number of significant trees located within the development site and the number of significant trees proposed to be removed. • Maximum tree preservation should be accomplished through the application of creative land use, site design and plan review. • A revised reforestation plan should be submitted which indicates the installation of one- hundred forty-eight (148) Category A trees or two-hundred ninety-six (296) Category B trees or five-hundred ninety-two (592) Category C trees, or an equivalent combination of these trees as mitigation for tree removal in excess of allowable limits. Mitigation reforestation shall occur within the development site only if there is sufficient planting space following the approval of a submitted landscape plan. The balance of the mitigation can be fulfilled through reforestation on City park property or a cash payment. The form of mitigation to be applied shall be determined by the City. • A tree mitigation"credit system"will be employed for this site with the maximum preservation and required reforestation mitigation occurring within each phase. When the last phase is proposed reforestation mitigation will be recalculated by city staff and fulfilled by the applicant. • Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) should be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. • The applicant should contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Planning Report—Lexington Eagan Limited Partnership June 22, 1999 Page 9 Parks and Recreation- This development should be subject to a cash parks dedication and a cash trails dedication. The Advisory Parks and Recreation Commission (APrC) scheduled review of this proposal for the Natural Resources Subcommittee later this month. A recommendation from the APrC should be available prior to the City Council's review of this proposal. Setbacks—In the Business Park zoning district, minimum required setbacks are 30 for the front yard, and 20 feet for side and rear yards. Parking lots and paved areas must be set back 20 feet from public rights-of-way and five feet from other property lines. These setbacks appear to be satisfied for Lot 1, Block 1, but will be subject to staff review for compliance at the time of building permit application. Setbacks for other phases will be evaluated at the time Outlot A is developed. Building Architecture/Materials—Building elevations are not required for the preliminary subdivision application and were not submitted. The development of Lot 1, Block 1 (as well as future development of Outlot A) is proposed to be single-story. Architectural materials are subject to compliance with the City Code requirements and will require staff review and approval at the time of building permit application. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision of approximately 24 acres to create one lot and one outlot for office/light industrial development. The request and action to be considered do not include preliminary approval of the conceptual plans presented for future subdivision and development of Outlot A. The significant trees and scattered wetlands present significant challenges for development of this site with the large building footprints and parking requirements associated with business park development. The primary issue with this development is whether the plans adequately address preservation,protection and enhancement of the natural environment. ACTION TO BE CONSIDERED A. To recommend approval of a Preliminary Subdivision of approximately 24 acres to create one lot and one outlot on property located north of Northwood Parkway between Lexington Avenue and Home Depot in the SE '/4 of Section 10. If approved, the following conditions should apply: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Bl, B2, B3, B4, C1, C2, C3, C4, Dl, and El 2. The property shall be platted. /ss Planning Report—Lexington Eagan Limited Partnership June 22, 1999 Page 10 Storm Drainage 3. The trunk storm sewer outlet from Pond DP-13 shall be constructed as part of the first phase of this development. 4. A pipe outlet for the wetland along the north edge of the site shall be provided as part of this development to provide flood protection to the proposed buildings. Easements/Ri ts-of-Way/Permits 5. At the time of development of Outlot A, if access is to be provided directly to Lexington Avenue, the developer shall be responsible for obtaining Dakota County permit approval for that entrance onto Lexington Avenue (County Road 43). Wetlands and Water Quality 6. On-site ponding areas shall be constructed to provide treatment for runoff from this parcel. The pond excavations shall incorporate a 10-foot wide aquatic bench extending from NWL (normal water level) to 1 foot below NWL and side slopes below the aquatic bench should be 3:1 to a maximum depth of 6 feet. 7. A cash dedication in lieu of on-site ponding shall be required for the untreated portion of runoff from this site. 8. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of all unimpacted wetlands shall be preserved, except for those portions shown on the 6/2/99 revised grading plan. 9. Wetlands to be replaced shall be mitigated at a replacement ratio of 2:1. The mitigation wetland shown on the 6/2/99 revision provides 50% of the replacement needed and the remainder is provided by the on-site ponding areas and the wetland buffer strips. Landscaping 10. Prior to final subdivision approval, a final landscape plan shall be submitted by the applicant, subject to City staff review and approval, to provide sufficient growth room for trees and other plant materials, and to provide the required screening and amount of landscape materials relative to the building value. Planning Report—Lexington Eagan Limited Partnership June 22, 1999 Page 11 Tree Preservation 11. A revised tree inventory/preservation plan shall be submitted which confirms the number of significant trees located within the development site and the number of significant trees proposed to be removed. 12. Maximum tree preservation should be accomplished through the application of creative land use, site design and plan review. 13. A revised reforestation plan shall be submitted which indicates the installation of one- hundred forty-eight (148) Category A trees or two-hundred ninety-six (296) Category B trees or five-hundred ninety-two (592) Category C trees, or an equivalent combination of these trees as mitigation for tree removal in excess of allowable limits. Mitigation reforestation shall occur within the development site only if there is sufficient planting space following the approval of a submitted landscape plan. The balance of the mitigation can be fulfilled through reforestation on City park property or a cash payment. The form of mitigation to be applied shall be determined by the City. 14. A tree mitigation"credit system"will be employed for this site with the maximum preservation and required reforestation mitigation occurring within each phase. When the last phase is proposed reforestation mitigation will be recalculated by city staff and fulfilled by the applicant. 15. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 16. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Parks and Recreation 17. This development shall be subject to a cash parks dedication and a cash trails dedication. 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. /'S_9 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 STANANDARD.CON FINANCIAL OBLIGATION—NORTHWOOD BUSINESS PARK There are pay-off balances of special assessments totaling $-0- on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are pending assessments in the amount of$183,284 on the parcels proposed for platting. These pending assessments are related to Project 694,Northwoods Parkway. 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 CI .126/sq ft 189,988 sq. ft. $23,938 TOTAL $23,938 /60 Eagan Boundary Location MapSet PtreareN l`Area aa -Building Footprint IF IF ■ 4 � � e • 4 Sub'ect Site 4 \ naaal A. Fi 1:0 I • r a Q f e � - 1000 0 1000 2000 Development/Developer: Northwood Business Park Application: Preliminary Subdivision Case No.: 10-PS-11-0499 Map prepared using 00 ArcVlew 1.1.Parcel base map Irtomedon provkled N by Dakota Cou ty Lard Survey Departrrart and Is current as of April 1999. *City of Eagan E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Commr.lty a•r•bps•oeD•parl.n•ne The City of Eagan and Dakota County do not guarantee the accuracy of this information and are W+ not responsible for errors or omissions. Zoning and Comprehensive Guide Plan Northwood Business Park Land Use Map Case No. Io-Ps-11-0499 Zoning Map ) 41 Current Zoning: O 41 PD aP BP sP e O Business Park PD PD A A 6P PD ^ PD C ... ... „N Foot Comprehensive Guide Plan IND Land Use Map �✓ O eP / Current Land Use Designation: CA CA e u► n CA v Central Area DP CA CA aP iN . N. 12" ...t ►.ICN ka.o map Inf-don pro.Idod by Dakota County Land.sway D.yarbn.nl N Zo dng laf tloa WoNd.d by Lawrt.ne.Droop 19"*ad updat. b Cky stax. PVY_/ City of Eagan W E 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. 5 lid, ttl r '•+ � �� =�If A i+ M Arc r•III � }= 7 • [Dr —��— — �—'�-- OE+MARK =TAVENUE h- .0 kK Z i r ;. 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R.YI mi dUStESR •it 1 r wr.w�rw r4,.ii.fW r rte. e�+w.n ia.�u Q b P011 NI n.y..O.•�r�`..., o=m R UDIM = DW WTlD PARIfoIl� +.a .rt wane V PFKUMK RT PU1T �a+r.++r o�rr.++ w viols �►R aw w[w ues a m `�' PRELIMINARY PLAT s z 2 0 0 1 � - I' T r / / / / I 1'' R-apt' ia�vo \ Imo/�eI,may Olt, 7 xl --------------- _d5t4�-------------- a \N I/OR7l1�000 WGRE'SS PARK 'ADr"cftw!� a rwaK wFab .._..... .. w.... n � Wyy�yI�y�.��yy /I/tNII-U11(Alllrl-.Mt OfR�®II: M �\ �A�Y\ MAN Llt M PARflQlW V PRALaIURY 3M PAW i,uw+.n"n�rr+.+ +••' u• SITE PLAN 714 fta OR FA 1�`��'�►•��_ ARM`B <�. - I our ��-= �1 / mfr • �'�� J /� Eli fit• ffff� _ t•t_ f�ft• I •■i J P I E!i 'I �• F f#'i II — N \ .. ....... ' fi r E■,iii \ / \ •uNMI f II I �I ■io ■a I E!Y V1 11111 i I /� •i, •f -- Hill . I =moo _ - — a, *Imflu II ISEE:IEIEEEIiIEiEEEEEEZ!#�E#!!EE#�E MOR'f11M1'OOD lIJSKS4 PARK ''�"�r��'•„_„I�n ..�, .`� d SAGA�IN "'"r'n"'� �. arm W. s Dram n: ., LF7QIQi01 i/WAN LY1ID►ARTIEtA9W V PI EUMARY VnUTY PWI UTILITY PLAN I m i A I Hill i fj ta ................... e-------------------------- .................. -•.•....... -- umuxt«;:.«:nxxwnuuuuunuwwffWuu:;;:auxu.uxwunmwuwfw.ufxux.uauu . ................................. r nn .......It .......... .......... .... ... . ...... ... NORTHWOOD BUSINESS PARK EAGM.MN FOR LE)ONGTON EAGM uMITED PARTNERSHIP TREE INVENTORY/PRESERVATION MAN TREE INVENTORY/ 6 PRESERVATION PLAN t i -L T i 7F T.Ti T 7 1 i i! ;i rI 7Z I 4N 14 J IL B nt zoo L———— 4 F lie . . ......... NORTHWOOD WSINESS PARK JaM OVvw A Assooblea bm EAGAN. Mh ob& FOR LE)CINGTON EAGAN UNITED PARTNERSHIP REFORESTATION PLAN 77 16 REFORESTATION PLAN ec:c:rtys;89ovi�:stsAit��O"Oa�E �� 1 � I I =_t.Y`s•cr�tesnsr:sss:a:i9ei�. . #g=t ii��;�� i�� — _ _ \•. I II 1111111111111- .... -?..••,t zi+'rrrr•esrs°trry. I I I �. _ � I fill 12-pe vif f N1 iii si�>E►• I :tiiil><��i>Cj � ��: I res#t } �41 — �= r f ', ��` �+,,;,.�,��• '.�� I � III _ - mrq EEEEEiiiEEEEEEE �Vrl � _ •:.�z • ., I. i. , it, ifit [It il it If i �� -��-1�f---------- ----- ------- -- - - -- �i �!C=W t � l! �i Fid i3 f` t � NtlRTNW000 BUSINESS PARK ..—._.� cwto&Me •..--. r.»•.« "' -.«... ocv..—tom_— i �, y �V EAGAN. MN !.w.~•�•�,i�r.uar ' _• ny(,.�'�, ..♦ — LLL— •L.t.L.Jl1L' = FOR: J\ LEXINGTGN EAGAN LIWTED PARTNERS PRELIMINARY LANDSCAPE PLAN %::►> v+«^'• 6 LANDSCAPE PLAN f ld1d ,l8dNIW1138d —,Fdf�,r—ar sei �+�« °+ walk •.o er�.o4,t/wer•wraul lYW ASONV W \ BE 01 AWW AW j �—� «►ww..�..^��.w iiiDlLW/miJf111V'aV710L01�Q1 yy /�yX, aau�om ane —�C/�•ans ..'w..ww r...� i 11711ae MOlO1Q►11 r *19 IN I 0 11;9 v 1 �• �1 � � ' '` '' • / F to { { i i I.\ I 1,ICD • A • , e _ I w ::�':::':': . Oto OfE -------- -- ::... .:.. 1• X. :•}::::•:: :•.S. --r� W � � TT � I i ' ,(' ¢s• •.:. •�:;�:.;, � arw�v 3ant�wra � NN fill tiff 00 i ; Its Ink 'R- 14 q I < as _ W •- f ii1{ atm jFjr ��IW3�1v 71lI�1•130 � �/i4 � � i2i� to's L —;L 1 1 if, W 1� ', hlll 4141 , v e .< 1 8 is a � iitl IL James Development Company James L.Ostenson 7808 Creekridge Circle, Suite 310 President Bloomington,Minnesota 55439 (612)941-7805 Fax(612)941-7853 DATE: June 1, 1999 TO: Mayor and City Council Eagan, Minnesota FROM: James L. Ostenson JAMES DEVELOPMENT COMPANY RE: Northwoods Business Park In addition to the required planning and engineering materials normally contained in a submission for city approval, I am enclosing this narrative so that you might have a better idea of the input that went into the planning of our Northwoods Business Park application. I. BACKGROUND Lexington-Eagan partnership purchased this property approximately six years ago and we were immediately contacted by the Egan ity Planaff We told�he task fore at thating our cooperation in a time task force which was planning the CentalArea that we had no immediate plans for our property and would cooperate with them in any way. It was requested at that time that our area be planned as a residential development and that it would be reguided as central area. We cooperated and later presented a residential plan to the staff which we had sold to a national builder. However, we were told that things had changed after the Promenade development had not been developed as anticipated and, instead, our property should remain industrial which was its existing zoning. Sometime later, we were contacted-by the city staff and told that the city would like to rezone our property to Business Park, primarily to eliminate the potential of outside storage on our site. Again, we cooperated and went along with the rezoning. Simultaneously, informed that Northwoods Drive would be extended through iwe were our property and that we would receive approximately $400,000.00 n assessments. In addition, our land would be severed and our access to Lexington Avenue would be removed. Subsequently, we were contacted by Home Depot and began exteS sive discussions with the city for the construction of the Home Depot building on the aportion of our site. During that process, we discovered that sewer had not been nstalled in Home Depot and Northwoods Drive but instead had to cut across our property to serve the balance of our site, something which was not expected and further complicates the the balance of our site, something which was not expected and further complicates the planning of our development. In short, in the six years that we have owned this property, it has been impacted by numerous public decisions in which we have fully cooperated. II. NATURAL FEATURES This site contains three natural features around which we are forced to plan: 1) excessive wetlands; 2) trees, and 3) topography. With respect to wetlands, there are three (3) primary wetlands and three (3) smaller ones. Our intent is to preserve the three large ones and abide by the city's policy of not encroaching within 30 feet of these wetlands, but we are forced to move and mitigate the three smaller wetlands. We have worked with the city staff; have walked the site numerous times; and have also .retained an ecologist to assist us in delineating and mitigating these wetlands. If we were unable to mitigate the three smaller wetlands, the site would be virtually unbuildable. The second natural feature is extensive trees which are located in, primarily, the southwest corner of the site. Again, we have retained a landscape architect and forester to assist us in surveying the trees and determining which ones are the best to save, and we have incorporated their findings into our land plan. We have also met with the city forester (both in his office and on the site) to review our findings. Although our tree loss will be significant, we feel that it has been greatly reduced by carefully surveying and tagging all the trees, reducing the size of buildings, and including retaining walls around the largest trees and significant clusters of trees. III. DESIGN EVOLUTION Based on the city's rezoning to Business Park and discussions with city staff, we are very aware of everyone's desire to have a quality business park located in this central area portion of Eagan. Our initial intent was to begin construction on the property adjacent to Lexington Avenue, since this was the most accessible area, but Dakota County's decision to not allow access to Lexington Avenue until the median is installed and existing driveways are removed forced us to take access off of Northwoods Drive. Our planning was further determined by decisions regarding wetlands and trees, and numerous conversations with city staff and our experts. Some of these discussions included the type of development and the potential of a multi-story office building versus a one-story office building. After meeting with our architect, we concluded that the parking requirements for a multi-story office building, even with underground parking, were almost identical to the requirements for a one-story building. In addition, the impact on wetlands and trees was almost identical with a multi-story office building versus a one-story office building. At this point, in order to reduce tree loss and not /;k- encroach into wetlands, we decided that we could not build strictly office but would need a 80/20% combination of office/industrial mix. Further, to save trees, we have continued to reduce the size of the buildings. At this point, most of our attention has focused on the first phase and the next two phases have been schematically drawn into our plans. Further review will take place on those once the first phase is under way. Also, in order to meet the mitigation requirements and create necessary NURP ponds, we have actually eliminated buildings that we had initially hope to construct. Our Floor Area Ratio is significantly below what the zoning ordinance allows. IV. PRESENT PLAN Our planning concentration has been primarily on the first phase in respect to building design, but the entire site has been planned with respect to mitigation of wetlands, creation of new NURP ponds, and saving clusters of trees. In addition, where a major 48 oak occurs to the west of our 1st phase, we have incorporated an extensive retaining wall system into our plan. The construction of this retaining wall and its proximity will be done with the consultation of our forester. Furthermore, we are attempting to replace as many trees as possible on site in accordance with the City of Eagan's tree replacement policy. Any trees that are not able to be replaced on site will either be compensated for with a cash contribution or planted elsewhere on Eagan park property. When our site is totally developed, we will actually increase the number of wetlands on the site. There presently exists 3.0 acres of wetlands, of which we are removing .22 acres and mitigating these at a 2-1 ratio next to an existing wetland. In addition, we are creating 1.0 acres of new NURP ponds. Therefore, new wetlands on the site will total 3.78 acres, plus 1.78 acres contained in the wetland buffer strip, versus 3.0 existing acres of wetlands. V. CONCLUSION We feel that the extensive planning that has gone into Northwoods Business Park will definitely result in a significant asset to the city of Eagan and the central business area. All major wetlands will be saved and 30' buffer will remain intact. Significant clusters of trees will be saved and extensive reforestation will be accomplished. A beautiful entrance between two wetlands will be created which will enhance the business park making it a very desirable workplace environment. We hope you will agree that Northwoods Business Park has been worth the planning effort and will be an asset to the city of Eagan. fy' LGZM r RevO6/95 Minnesota Lawful Gambling For Board Use Only Application for Authorization for an Fee Paid Exemption from Lawful Gambling License Check# Initals Date Recd Organization Information Organization Name ( / Previous lawful gambling exemption number Stree Cit Y S ate Zip Code County g338 L sty ��ve o r /Vtry 5-5-12-3 Z)41�A14/1 Name of Chief ecutive Officer of orga ation (CEO) Daytime Phone number of CEO First Name Last Name C. I �y � 6 (65t) 733-2-5-33 Name of Organization Treas First Name Last Name Daytime Phone Number of Treasurer uk M0-733-2533 Typeof Nonprofit Organization Check the box below which best describes Check the box that indicates the type of proof attached to this application your organization by your organization: C!IIRS letter indicating income tax exempt status 0 Fraternal [Certificate of good standing from the Minnesota Secretary [ Veterans of State's office r7 Religious [A charter showing you're an affiliate of a parent nonprofit organization ( Other nonprofit CDProof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of Establishment where gambling activity will be conducted Street City State Zip Code County C1% f� IA Eo MN Date(s) of activity (for raffles, indicate the date of the awing) Check the box or boxes which indicate the type of gambling activity your organization will be conducting 0 Bingo ®' Raffles Paddlewheels 0 Pull-tabs [—] Tipboards Be sure the Local Unit of Government and the CEO of your organization sign For Board Use Only the reverse side of this application. Date & Initials of Specialist LX.-cal Unit of Government Jurisdi tion Is this gambling premises located within city limits? En Yes 0 No If Yes, write the name of the City: City Name If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: Qorganized E3norganized unincorporated [—Local Unit Of Government Acknowledgment 1. The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control premises is within city limits. Board if it is denied by the local unit of government. 2. The county and township must sign this applica- 4. NOTE: A Township may not deny an application. tion if the gambling premises is not within city limits. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1st class) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application Signature of person receiving application Signature of person acknowledging application Date Received: Date Signed: Title of rson r//ecei hg pplication Title of person acknowledging application All l t— Oath of&h1ef Executive Officer I have read this application and all information is true, accurate and complete. Date: /2 S4_it the a plication at least 45 days prior to your ched led date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in alternative format (i.e. large print, braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639-4000. Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the Greater Minnesota Area or 297-5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB.