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09/07/1999 - City Council Regular AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 7,1999 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;L A. PROJECT 636R,Research Report-Poppler Lane Assessments Q V. CONSENT AGENDA(PINK) PI A. PERSONNEL ITEMS / / B. AMENDMENT to the Cable Franchise Ordinance,Extending the Franchise Term to r November 16,1999 6 C. FINAL SUBDIVISION and FINAL PLANNED DEVELOPMENT-Oakpointe of Eagan 2nd Addition,OCP Homes,Inc. /9 D. FINAL SUBDMSION and FINAL PLANNED DEVELOPMENT-Cedarview 2nd Addition, Decalla Properties / E. FOOTING and FOUNDATION permits,Apollo Addition,Duke Weeks Realty h�S� F. EXTENSION for recording the final plat of Faithful Shepherd Addition G. RECOMMENDATION to remove the SW quadrant of the Cedar Avenue/Highway 13 �A interchange from the moratorium 7 H. PERMIT RENEWAL to operate motorized golf cart,Michael Krolick () I. SERVICE STATION license renewal for Cedarvale Texaco,3830 Sibley Memorial Highway JTOBACCO LICENSE,Walgreens,4220 Lexington Avenue �G. k. PROJECT 745,approve Settlement Agreement(Blue Gentian Road-Chapple) PL. CONTRACT 99-11,receive bids/award contract(Wescott Road-Restriping) SM. RENTAL of City-owned house-1275 Towerview Road N. CONTRACT 98-09,approve final payment,authorize City maintenance(Valley View Plateau) P3�0. VACATION of public easement,receive petition/order public hearing(Eagan Royale) P. VACATION of public easements,receive petition/order public hearing(Lexington Pointe 12th pAddition) q,irQ. PROJECT 99-E,approve Traffic Control Signal Agreement(Oakview Center) j �q(R. AWARD bid for repairs and upgrade of Fire Station#2 I S. CREATION of Community Facilities Land Acquisition Task Force PSVT. PROJECT 756,receive final assessment roll/schedule public hearing(Woodgate 3rd,Tiberon, Mallard Park 3rd Add.-Overlay) P�3U. PROJECT 753,receive final assessment roll/schedule public hearing(Thomas Lake Road- Overlay) P 5 yV. PROJECT 752,receive final assessment roll/schedule public Hearing Qohnny Cake Ridge Road- Overlay) PS,SW. PROJECT 776,approve resolution of support for regional funding(Yankee Doodle Rd.-Ext) VI. 6:45-PUBLIC HEARINGS(SALMON) VII. OLD BUSINESS(ORCHID) P5S A. APPOINTMENT,Solid Waste Abatement Commission 16 B. COMPREHENSIVE GUIDE PLAN Draft-City of Eagan 63 C. OFFICIAL MAP#1 (Northwood Parkway)-Ring Road Extension(cont.from July 6) D. PRELIMINARY PLANNED DEVELOPMENT-Larry Wenzel(Glen Pond Second),of 10.945 acres consisting of one lot with five 60-unit apartment buildings,legally described as Lot 2,Block 1, and Lots 1 and 2,Effress Addition,located south of High Site Drive,east of Pilot Knob Road and north of Marice Drive in the SW 1/4 of Section 10(cont.from July 6) E. COMPREHENSIVE GUIDE PLAN AMENDMENT-MVTA,amending the land use of 4.46 acres J/ from MnDOT right-of-way to CA,(Central Area)and a REZONING to a PD(Planned Development),located in the southeast corner of Pilot Knob Road and Yankee Doodle Road in 1 the NW 1/4 of Section 15(cont.from August 17) / F. RIVERPARK Preliminary PD confirmation-Blue Cross Blue Shield(BCBS) VIII. NEW BUSINESS(TAN) P/3-5'A. CERTIFICATION of the Preliminary 2000 Property Tax Levy,approval of the Preliminary 2000 General Fund Operating Budget,approval of the Truth-In-Taxation hearing dates,and change December 1999 City Council meeting dates /3 y B. REZONING-City of Eagan,of 6.3 acres from R-4(Mixed Residential)to R-1(Single Family)for property presently owned by the U.S.Postal Service,located on Johnny Cake Ridge Road,south of Diffley Road,and just north of the Northridge Family Housing in the NW 1/4 of Section 28 PKIC. REZONING-City of Eagan,of 8.63 acres from RB(Roadside Business)to R-1 (Single Family)for property presently owned by the EHW Properties,located in the southeast corner of Diffley Road and Johnny Cake Ridge Road in the NW 1/4 of Section 28 D. REZONING-Gramercy Corporation,from NB(Neighborhood Business)to LB(Limited Business)and Conditional Use Permits to allow senior housing and a building exceeding 30 feet in height in a Limited Business zoning district,located on the north side of Yankee Doodle Road, ' east of Coachman Road and west and north of Carbone's in the SE 1/4 of Section 9 E. PLANNED DEVELOPMENT AMENDMENT-C.M.Architecture&Opus,to amend the square footage of retail and signage allowed in the Eagan Promenade Planned Development,legally described as Lot 9,Block 2,Eagan Promenade Ex PT Platted as Eagan Promenade 3rd Addition, located on Northwood Parkway and Denmark Avenue in the SE 1/4 of Section 10 aa ' F. COMPREHENSIVE GUIDE PLAN AMENDMENT-Woodcrest Church,changing the land use of 1.5 acres from D-1 Single Family(0-3 units/ac)to PF Public Facility),a REZONING of 12 acres Y from R-1 (Single Family)to P(Public)and 1.5 acres from A(Agriculture)to P(Public),located in the northeast corner of Cliff Road and Highway 3 in the SE 1/4 of Section 25 G. WAIVER OF CITY CODE requirements-Tyler Jay Company IX. LEGISLATIVF/INTERGOVERNMENTAL AFFAIRS UPDATE(GREY) X. ADMINISTRATIVE AGENDA(GREEN) XI. VISITORS TO BE HEARD(for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs,services,activities,facilities and employment without regard to race,color,creed,religion,national origin,sex,disability,age,marital status,sexual orientation,or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received,the City of Eagan will attempt to provide such aid. Updated 9/3/99- 8:40 a.m. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan,Minnesota August 17,1999 A regular meeting of the Eagaiktlty Council was held on Tuesday,August 17,1999 at 6:30 p.m. at the Eagan Municipal Center. Presel.ftre Acting Mayor Masin and Councilmembers Blomquist, Carlson and Bakken. Also present were,City Adr}unistr�tor Tom Hedges,Senior Planner Mike Ridley, Director of Public Works Tom Colbert, }***y'•9"'* j;�aeldon. AGENDA Councilmember Blomquist moved,Acting Mayor Masin seconded a motion to approve the agenda with the exception of Items C,E,F and R of the Consent Agenda which were pulled for consideration under Old Business and Items D,H,I,J,K,L and V of the Consent Agenda which were pulled for consideration under New Business. Aye: 2 Nay: 2 (Councilmembers Carlson and Bakken opposed) The motion failed for lack o 0rnajonty City Administrator Hedges note�that CC21t1tcilmember Masin had requested that a clarification be provided on correspondence relatiilg:fo Difflep.*pd Rahn Roads under Department Head Business. Councilmember Bakken mov"�i � sin seconded a motion to approve the Agenda with the addition of the Diffley/Rahn clarification to Department Head Business. Aye: 2 Nay: 2 The motion failed for lack of a majority. , Councilmember Masin stated that the Council had agreed to allow items to be pulled from the Consent Agenda to allow further discussion and added that"first motion would be in order. Councilmember Blomquist concurred and stated.thztk-.3i�.k she requested be pulled needed further discussion and said that she was follow' s:X of Order. City Attorney Sheldon stated that. J.Qity Cout�il has adopted various processes by which additional discussion can occur on Consit€ €z}9:::::;:;;;.;.; Councilmember Blomquist moved,Councilmemken seconded a motion to approve the Agenda with the addition to Department Head Business and to allow questions on individual items of the Consent Agenda at the time of the adoption of the Consent Agenda. Aye: 4 Nay: 0 MINUTES OF THE AUGUST 3,1999 REGULAR MEETING Councilmember Blomquist rectWfA&—**tktki Gcf<E; entence in the fifth paragraph on page eight be revised as follows,"Councilg4gi' er BlbQi st said that she did not want to commit to assessing the neighborhoods until the Council IC�6%vs if it c�tr7it be proved if there was direct benefit to the property which would increase the value of the homes." She also requested a change tfi'Mlkcs�s�t�Wke nine under Round Table as follows, "Councilmember Blomquist said that the City has an obligation to test the chlorine smell that has been emanating from Cascade Bay." Councilmember Bakken moved,CounCilTl?lember Blomquist seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 , SITORS TO BE## :ARD Jeff Gregory,1322 Deercliff I"and President of t .-Windcrest Homeowners Association,stated that he had not received a response fW.*76:QMWO 10:the neighborhood meeting that was held to discuss concerns about Cascade Bay. for the Windcrest Townhomes EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 17,1999 , PAGE s has not been getting prompt responses from the Inspection Department in regard to permits and inspections. He noted that the City's public improvement policy provides for public hearings. He asked when a public hearing would be held regard to Cascade Bay. City Administrator Hedges saiif:4iat a letter had been sent to all people who attended the Cascade Bay neighborhood meeting. I i d;#bat Mg;.45r*ggi y s letter had been returned to City Hall by the Post Office and said he would sen di :GS #lte; gr to him. He stated that he would meet with the Chief Building Oficial regard the concerns expressed about the Inspection Department and added that he would be in contact wit>? .Gregory following his discussion. DEPARTMENT HEAD BUSINESS COMMUNITY IMPACT STATEMENT TO GOVERNOR'S AIRPORT FUNDING TASK FORCE City Administrator Hedges pigWed an pstprview on this item. Councilmember Bakken mov4-;.;Council1W*iber Carlson seconded a motion approve the draft letter regarding statement of communft jy'impacts7*:the Governor's Airport Community Stabilization Funding Task Force. Aye: 4 Nay: 0 N.O.I.S.E.LEGISLATIVE REGULATORY UPDATE City Administrator Hedges provided an overview on this item. Assistant City Administrator Jamie Verbrugge provided additional information. Councilmember Blomquist moved,Coen seconded a motion to endorse the legislation favoring funding of airport iso aW*d to notify Eagan's congressional delegation of those positions. Aye: 4 Nay: 0 RAHN ROAD/DIFFLEY0R�-::. RSXCTION IMPROVEMENTS City Administrator Hedges provided an update on' -0 status of the Rahn Road and Diffley Road intersection improvements that were addressed in recent correspondence to residents. He noted that no improvement project is proposed at this time,but encouraged residents to submit their comments to the City regarding this intersection. RETIREMb --.0F,.POLJU—e•,EUEF GEAGAN Acting Mayor Masin commei7fi- t on theent of Police Chief Pat Geagan and stated that he will be deeply missed and wished hirp well. She added that a formal recognition dinner would be held on Thursday,August 19. Police Chiel•,�s•�,agan thud the past and present City Councils for their support of law enforcement in the Citd#:#Rtl. Councilmember Masin moved,Councilmember Blomquist seconded a motion to direct the History Committee to look at a special exhibit in the Police Department honoring former chiefs, employees and other significant events. Aye: 4 Nay: 0 A A. Personnel Items Item 1. It was recommended to appr ;the hiring of,�� ii~eF#vlcLean as a seasonal lifeguard for Cascade Bay. EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 17,1999 PAGE Item 2. It was recommended to approve the hiring of Sara Rodman as a seasonal recreation worker. Item 3. It was recommended to approve the appointment of Captain Richard Swanson as Acting Chief of Police effective August 27,1999. Item 4. It was recommended to accept; !etter of resignation from Patti Porosky,Clerical Technician III at the Maintenance Facility. Item 5. It was recommended to accept t ie Iefter•ol~'re igtta.......n' om Richard Redenius,a Patrol Officer in the Police Department. Item 6. It was recommended to accept the letter of resignation of Patrol Officer Jeffrey Jensen. B. Contract 99-10,receive bids/award contract(Wescott Road and Lexington Avenue-Traffic Signal Improvement). It was recommended tQ receive the bids for Contract 99-10(Wescott Road&Lexington Avenue-Traffic Signal Improvementfi :bward t1 .ppntract to Valley Paving,Inc.for the Base Bid in the amount of$393,248.05,and authorize } lvlayor( City Clerk to execute all related documents. C. Project 738,receive final assessmerif'i'dll,schetlifle public hearing(Rocky Lane-Streets and Utilities) It was recommended to receive the find;i *****;rt•ra4:fiQ:&.Wct 738(Rocky Lane-Street&Utilities) and schedule a public hearing for Sep­t€"i I. ( ©i lember Blomquist opposed) D. Project 761,authorize feasibilit rrereport(Duckwood Dr.-Street Rehabilitation/Overlay) It was recommended to authorize the preparation of a feasibility report for Project 761,Duckwood Rd. (Street Rehabilitation-Overlay). (Councilmember Blomquist opposed) E. Project 762,receive final assessment roll,schedule-Viii rine(Duckwood Trail-Street Rehabilitation/ReaclinIt was recomg iEk#:Ji�iei: ?�e the final assessment roll for Project 762 (Duckwood Trail-Street Rehabilitatic sycting)an schedule a public hearing for September 21,1999. (Councilmember Blomquist opposed) . F. Project 763 receive final assessment rollschedu'Iepi61 :3i, wring(Duckwood Estates-Street Rehabilitation/Overlay). 'It was recommended to receive•tH Mial assessment roll for Project 763 (Duckwood Estates-Street Rehabilitation/Overlay)and schedule a public hearing for September 21, 1999. (Councilmember Blomquist opposed) G. Project 777 Contract 99-13 receive feasibility report/approve plans&specs/authorize ad for bids (Ashbury Road-Traffic Calming) It wasxegcV►lnendV44q.�eive the feasibility report for Project 777 (Ashbury Road/Blackhawk Road Traf{i�:CA � eicetrts)and to approve plans for Contract 99- 13(Ashbury Road/Blackhawk Road sfficCaIbg Improvements)and authorize the advertisement for a bid opening to be held at 10:30 a iA.;ThursdA.' ptember 16,1999. H. Project 780,authorize feasibilityrRehabilitation/Overlay). It was recommended to authorize the prepargft7it'ofa fea9' fb�rt for Project 780,Galaxie Ave. (Street Rehabilitation-Overlay). (Councilmember Blomquist opposed) I. Project 781,authorize feasibility report(Vienna Woods Add.-Street Rehabilitation/Overlay). It was recommended to authorize the preparation Qf,.a.£eag_ ' ity report for Project 781,Vienna Woods Add. (Street Rehabilitation-Overlay). (Counq l�6W$% ; est opposed) J. Project 782,authorize feasibih!y reliort Old Sibley Memoi'igl Hwy.-Street Rehabilitation/Resurfacing). It was rmmended to authorise the preparation of a feasibility report for Project 782,Old Sibley Memorial HigkiiyStreet Rel} bj�jpfidat/Resurfacing). (Councilmember Blomquist opposed) v EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 17,1999 PAGE K. Project 783,authorize feasibility report(Wilderness Park Add.-Street Rehabilitation/Overlul. It was recommended to authorize the preparation of a feasibility report for Project 783,Wilderness Run Add. (Street Rehabilitation/Overlay). (Councmember Blomquist opposed) L. Project 784,receive petition,author32e'feasibility report(,Louis Lane/Chalel Lane Ext.-Street Improvement). It was recommended to;�► hc?r :he;g��ara#ion of a feasibility report for Project 784 (Louis Lane-Streets). ... M. Project 96-0,acknowledge comple 'I,authorize City maintenance(Kingswood Ponds Addition- Street&Utilities)and authorizeyerye€ii f City maintenance subject to warranty provisions. It was recommended to acknowledge the completion of Contract 96-0(Kingswood Ponds Addition-Street& Utilities)and authorize perpetual City maintenance subject to warranty provisions. N. Project 97-II,acknowledge completign,authorize City maintenance(Kingswood Ponds 2nd Addition). It was recommended to acknowledgef i :comp1 ' of Contract 97-1I(Kingswood Ponds 2nd Addition- Street&Utilities)and authorize perpe#�41 City IIihenance subject to warranty provisions. O. Contract 98-16,approve final 12g3mLe tt,authoi&City maintenance(Wescott Woodlands). It was recommended to approve the final pa �tft.. i t &;1G. Wescott Woodlands-Streets&Utilities) in the amount of$76,884.24 to S.M.HA*es'$r� aaiiicpkhe improvements for perpetual City maintenance subject to warranty provisions. P. Contract 98-18,approve final payment,authorize City maintenance(Oak Pond Hills). It was recommended to approve the final payment for Contract 98-18(Oak Pond Hills-Streets&Utilities)in the amount of$34,931.98 to S.M.Hentges&Sons and acceie improvements for perpetual City maintenance subject to warranty provisions. Q. Vacation of public right-of-way,rivy:petition,or* yublic hearing Old Sibley Memorial Highway). It was recommended to rece', 'JW. ..�tiori td vacate public street right-of-way on Old Sibley �:.. F�. Memorial Highway adjacent to Parcel 013`-5$ -Sec c:$<;2ctd authorize a public hearing to be scheduled following an approval of the redevelopment study i'or :iar Avenue and TH 13 area. R. Extension for recording the final plat of Oakbrooke 2nd Addition-Pulte Homes of Minnesota. It was recommended to approve a 90 day extension for recording the final plat for Oakbrooke 2nd Addition, consisting of one lot and one outlot located on Johnny Cake Ridge Road and Deerwood Drive. (CounciImember Blomquist abstained) S. Exemption from lawful gambling_4 eld to conduct a raffle on September 22, 1999. It was recommended to approw-* exemp ii;' rom the lawful gambling requirement for Blue Cross Blue Shield of Minnesota to cor}ciuct a raffle on September 22,1999 at 3535 Blue Cross Road. • T. Resignation,Solid Waste Abatemefi#' Q" ;fit aKd;tcommended to accept the resignation of Ron Moening from the Solid Waste AiiafeiiYeYt�'Od .. gond authorize staff to contact licensed haulers in the City to seek a replacement for this position. U. Contract 99-12,receive bids and award contract(Silver Bell Road,Heritage Lane,Galaxie Avenue and Cliff Road-Street and Traffic Signal ImprowmZM..%4t was recommended to receive the bids for Contract 99-12(Silver Bell Road,et al-sok#i :.. anal Improvements)award the contract to Ace Blacktop,Inc for the Base Bid in the o f of$132,9231 b4;td authorize the Mayor and City Clerk to execute all related documents. EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 17,1999 PAGE V. ftuest for draft ordinance to consider expanding zoning districts allowing mini-storage It was recommended to direct staff to prepare an ordinance amendment to provide for,under certain circumstances,mini-storage operations within multiple commercial/industrial zoning districts. W. Final Plat,Highview Country CluliXtIdition Eller Media It was recommended to approve a Final Plat(Highview Country Club Additionj'tFrat will plat two parcels of land into a single 68.3 acre lot located south of I-494 and east of TH 13(2750 Ssple in the north Y2 of Section 4. Councilmember Bakken moved,.JZouncilmember•Blomquist seconded a motion to approve the Consent Agenda. Aye: 4 Nay: 0 In regard to Item C,Project 738,receive final assessment roll,schedule public hearing jRocky Lane-Streets and Utilities),Councilmember Blomquist stated that she was voting against this item because she was concerned about assessing residents for improvements to Rocky Lane,which was upgraded for the Civic Arena parking: poses and to provide access to municipal buildings. Councilmember Carlson stated that Coi hcilmem_ft:Blomquist's concerns should be brought up at the time of the final assessment hearing. In regard to Item D,Project 761:%authorize fdasibilitrereport(Duckwood Dr.-Street Rehabilitation/Overlay,Councilmen# .13W'iclSt: ;t 2:with regard to Items D,H,I,J and K of the Consent Agenda,she was concern ac'tfraf'flt2 it: cl av-riot received enough information about the benefit of the appraisals and indicated that she was voting against all the referenced items. Councilmember Carlson said that the only action being requested by the Council was to approve the feasibility report. She said that the feasibility report would,identify the scope of the project,the costs and proposed assessments. Councilmember Blomquist.peidiat since the appraisal study was not complete the Council should not proceed with aut�tOl<tit o the feasibility report. Councilmember Carlson noted that the C.I.P.,which i4go. 04:tl�es 'Tvement projects,had been approved unanimously by the Council. Council g fi' er Masithat the Council was to have been provided with evaluations on the appraisal process:;:; ci]meritber Blomquist stated that she was concerned about incurring costs associated with the preparasib q a gibility report and said that,absent the appraiser's report,she would be voting against this i#eiif:: In regard to Item E,Project 762,receive final assessment rollschedule public hearing(Duckwood Trail-Street Rehabilitation/Recycling),and Item F,Project 763,receive final assessment roll,schedule public hearing(Duckwood Estates-Street Rehabilitation/Overlgyl. Councilmember Blomquist voted against these items. In regard to Item L,Project 78->:kZZiiive' iitIiurize feasibility report(Louis Lane/Chapel Lane Ext.-Street Improvement),Coo 'nenbe4-j!R mquist questioned the Schaafs'position. Director of Public Works Colbert stated that the Sckaafs had dedicated public street easement for the westerly'half of Louis Lane/Chapel Lane extension a";'{�hat ther**:Xere restrictions included in the minutes that stated it was conditioned on the Schaafs r uejc ': :stleei {{ig�ifi�tf►ent. He said that the feasibility report would address right-of-way acquisition regiiuemFH&-assi`icfafed with the public improvement. Councilmember Carlson said that the Schaafs should determine the street name. The Schaafs indicated that Louis Lane would be appropriate. In regard to Item R,Extension for r tt €i ; nal plat of Oakbrooke 2nd Addition-Pulte Homes of Minnesota,Councilmember iboMftfrom voting on this item. In regard to Item V,Rectuest fdt'$raft ordinance to14;ik der expanding zoning districts allowing mini-storage,Councilmember Blomgtsuggested that priQa~10 the drafting of an ordinance the Council should determine whether this actiort'-d;uld.b--APR.QPgW en the fact that only one inquiry for a mini-storage in a BP district had been; ec ?k ii : r Ridley stated that the ordinance EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 17,1999 PAGE amendment will specify under what conditions the mini-storage use would be provided(i.e.as a C.U.P). ! Councilmember Carlson concurred. Councilmember Bakken stated that it was his understanding that Councilmembers could not vote in opposition to individual items of the:4�onsent Agenda. City Attorney Sheldon stated that the City Council has dispensed with voting onlkvidual Consent Agenda items but has allowed members to vote no on individual items that are separated from the Consent Agenda. PROJECT 694,FINAL AS$ SMENT HEARING-NORTHWOODS PARKWAY 't&YREETS AND UTILITIES) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave staff report. Councilmember Bakken mova-,Counciai6gnber Blomquist seconded a motion to open the item for discussion. Aye: 4 Nay: 0 It was noted that there was no•pm.F4enf cor geming:this item. Councilmember Bakken moved,CouriciTnieriilier'WYbn seconded a motion to close the public hearing and approve the final assessment roll for Project 694(Northwood Parkway-Street and Utility Improvements)and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 NEW BUSINESS.: COMPREHENSIVE GUIDE pf: If#�iVIENT&REZONING-MVTA City Administrator Hedges provided an orv;ew on this item. Senior Planner Ridley gave a staff report. Councilmember Carlson stated that she preferre -.grigmal plan,which called for 456 parking stalls instead of the current proposal of 909 stalls. She added that she was concerned about the leasing of public land for private uses and expressed concern that taxes will not be generated by this use. She further added that this proposal far exceeds typical park and ride sites. She said that there are ample retail establishments in the area and stated that this proposal should be scaled down. Jim Lasceher,representing theAfW-W tatei}: a#: lic transit needs to change its service delivery. He mentioned that a blend crises arcff;ftaiisi's fations attracts riders. He noted that the property is currently tax-exempt,but:Kif?d thatoiit'A is placed on the tax rolls it will generate tax revenues. He added that leasing lana:*W private-Ws will ensure the future longevity of transit station. : a der a federal transit authority grant to help offset the He f urther a d ded th at the MVTA wil costs of the project. He stated that th'e:'� multiple commuter trips to retail establishments and thus reduce traffic congestion. Councilmember Carlson reiterated that there is substantial retail development in the area and said that many of the business owners have invested significantly in the area. Mr.Lasceher stated that the MVTA is not going to force the markqt.bt'tiatgit does not want to do. He said that the MVTA is proposing to meet with the Chamber,$if epgiai L%YtFt-a i -:kcal businesses that might be interested in expanding their business at the retail t:eittier. He further i"that they would be excluding on-sale liquor uses from the center. •"' Councilmember Carlson stat8 # • WA Ws too intense for this site and indicated she ....... would be voting against it. Council]14 a }W> = tat the proposed use is a tight fit for this site. EAGAN CITY COUNCIL MEETING MINUTES;AUGUST 17,1999 PAGE 4 She added the City had little control over the uses proposed for the excess MnDOT property. Mr. Lasceher explained the economic reasons for expanding the proposed use of this site. He said that similar transit stations have been successful. Councilmember Bakken aske4#khe applicant was comfortable with the uses being designated as .convenience aAd not destination uses. Lasceher stated that the applicant could compile a list of uses that meet the goals of the project while at the same time allowing the development to be successful. Councilmember Masin added o do the best it could with this site. She said she would have preferred the t6iade location for a transit station. Councilmember Carlson said that it is not necessary to include a retielement to entice people to ride the bus. Councilmember Bakken concurred and added that the retail use is being provided to subsidize the operation. He further said that the since the MVTA is supported by tax dollars he would be more comfortable with the idea of a business partnership with the private sector. He stated that he was in agreement with the conditions added by the APC. Councilmember Carlson sugge*ed this it be continued to the September 7,1999 City Council meeting since she was opposed to thepw posal, "i�ih requires a 4/5's vote by the Council. City Attorney Sheldon stated that the applicant shoi&# equest continuance. Mr.Lasceher requested a contig o€ 10 ns Guide Plan Amendment and Rezoning to the September 7,1999 City Council meeting. Councilmember Bakken moved,Councilmember Blomquist seconded a motion to continue the Comprehensive Guide Plan Amendment that would establish a CA,Central Area Land Use Guide Plan designation upon 4.5 acres of existing I-35E right-of-way loeatfd south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the northwest-WON n 15 and the Final Planned Development (rezoning from undesignated to PD,Planne,ii:P*fto allow the establishment of a mixed use retail and transit facility upon 4.5 acretS fi**J:QciWg:I-35Cv fight-of-way located south of Yankee Doodle Road and between Pilot Knob Road acid Y:3,5 in the newest 1/4 of Section 15 to the September 7,1999 City Council meeting.*Aye: 4 Nay: 0 Councilmember Carlson stated that there is a sigiiffiCj*�' t amount of right-of-way that does not have a zoning designation in the City. Councilmember Carlson moved,Councilmember Bakken seconded a motion to direct staff to prepare a review of all existing right-of-ways at a future City Council workshop. Aye: 4 Nay: 0 AD SPECIAL CITY COUNCIL M9ftINGS FOR AUGUST 24 AND 31 Councilmember Blomquist gitkskoAe :-f# .A;xgwt24 special City Council meeting could be combined with the August 31 meeting:; R i f# n stated that the EAA had requested to meet with the City Council on August 24. Councilmember Carlson moved,Councilmember Bakken seconded a motion to schedule a special City Council meeting for Tuesday,August 24 at 5;QQ_p.m.for the purpose of meeting with the APrC to further discuss potential land acquisition }j}4 i3gv:' r#As3#concepts for land located in Section 9,north of the Lockheed Martin corporate campus 4fio scfiec it1rVJq:Wial City Council meeting for Tuesday August 31 at 6:00 p.m.for the purpose t eviewing a prop d 2000 General Fund Operating Budget. Aye: 4 Nay: 0 "" EAGAN CITY COUNCIL NESTING MINUTES;AUGUST 17,1999 PAGE PROJECT 750(HWY.55&BLUE WATER RD.-SIGNAL AND ACCESS MODIFICATIONS) Director of Public Works Colbert provided an overview on this item. Councilmember Bakken mov4touncilmember Carlson seconded a motion to approve a *resolution for Project 750(Hwy.55& Water Rd.-Signal&Access Modifications)and authorize the Mayor and City Clerk to execute all related&c.= qpg..;Aye;.4 Nay: 0 City Administrator Hedges n that Sara Blood,the reporter for This Week newspaper,will be covering the Lakeville area instead of the Eagan area. He thanked her for her contribution and noted that Lori Hall is Ms.Blood's replacement. He stated that Director of Parks and Recreation Vraa informed him that,due to shortages in staff,Cascade Bay will close on August 29 and will not be open for the Labor Day weekend. Councilmember Masin said ttia�fihe volered to serve in the Town Hall at the Dakota County Fair and suggested that consideration :given tq:i�nducting an Eagan Day at the Fair. Staff was directed to schedule this item for a future work-3iession. 0—bUncilmember Masin also noted that there will be a meeting on August 25 to discuss the RcW } Stiei�atnxt.:She mentioned that she attended a meeting of the I-494 Corridor Commiss'iiixi: : Councilmember Blomquist mentioned that long-time Eagan resident Charlotte McPherson had passed away. ADJOURNMF ]~ The meeting adjourned at 8:4Qp, q►;:; MLK Date City Clerk If you need these minutes in an alternative form such as large print,Braille,audio tape,etc.,please contact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 55122,(651)681-4600,(TDD phone:(651)454-8535). The City of Eagan is committed to the pob4i.:F}�;M' rsp* ..:equal access to its programs,services,activities, facilities and employment without regard*'Mce,�cc i ;re'Ggion,national origin,sex,disability,age,sexual orientation,marital status or status with ird to puba'i'cassistance. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL EAGAN,MINNESOTA August 3,1999 A Special City Council meet'1rcg;YaS'ftf =oi ' 4i® August 3, 1999 in the City Council Chambers of the Eagan Municipal meter Building at 4:30 p.m.Those present were Mayor Awada and City Councilmembers 1cen,Blomquist,and Carlson. City Councilmember Masin joined the meeting at 4:37 p.m. Also present were Superintendent of Parks Olson,Civic Arena Manager Vaughan, Police Captain Swanson,Police Chief Geagan,Director of Parks and Recreation Vraa,Director of Finance VanOverbeke;and City Administrator Hedges. ; ENDA.ADOPTION In a motion by Councilmel r Bakkoik:peconded by Councilmember Carlson with all members present voting in favor(4{�'f,the AdNit 3, 1999 Special City Council Agenda was approved. VISITORS TO BE HEARD There were no visitors asking to be heard. DISCUSSION RE: 2000 GER #c i 'LTND BUDGET City Administrator Hedge$:�t*� irti i 'ovoi s?iew of the preliminary 2000 tax levy,the proposed allocation of the levy to tlfe'naiious funds,'.;die overall levy limit,the General Fund total budget with the various revenue sourfe� .tho:projected tax capacity rate. City Councilmember Blomquist requested additional informatioi:fitgzi0if iO.kp.breakdown between inflation and growth on the increase to tax capacity. City AdmihiMWEedges acknowledged that the information would be provided with the proposed budget to be presented to the City Council later in August. DISCUSSION RE: CIVIC ARENA BUDGET City Administrator Hedges: tloi : crvr ' 3Fan the request for this agenda item resulting from earlier discussion oz:ff staff sisal to increase the peak time hourly rate from $135 to$140. Mayor Awada asketl'vVhat the& 6ue loss is expected to be, given the decision. not to raise the rates. Director of Mks and Rmo*ation Vraa responded that there were approximately 1400 hours of prim ;Vm#..4 ftpast season,consequently the revenue loss is expected to be about$7,OOa: �is �ee '�€ *:Afra�:y :oi to say that expenses related to operations such as building costs,staff and other fixed expenses will also probably continue to increase. The fixed expenses such as heat and other utilities cannot be significantly reduced. Staff is continually trying to increase revenues by renting additional off peak hours, finding new sources of revenues,like the Coke arran }.bpd:by increasing advertising. Councilmember Bakken st cj-dat he is coi'ic�about trying to find additional revenues and questioned if there is thything that can be-49t from the budget,if the revenues do not materialize. Mr.Vraa noted tlftthe budget has incluW approximately$10,000 per year in capital improvements. Althoughjlnpr9 Vett€ quested by the prime users,there could be a possible reduction in this area. Councilmember Bakken requested that an itemized list of potential capital items be prepared. Councilmember Bloniquit*uftested that the item was back on the agenda at the request of Councillnember Carlson and sh§:I':a;4`nted to hear her thoughts and ideas. Councilmember Carlson made reference to a two-pagq.letteirom the lagan Hockey Association tournament director concerning the arena situatspi#= " „ .t ; .arena,the Association desires ?8..,..... flooring,not a sound system;there S'Som�'CtfilliovffSy'fNut the second sheet of ice;they desire another clock and bleachers. Theijs a heat problem that has been taken care of already. In summary they referenced a facihtXtfti t users do not want to use. The Association is suggesting that the last few things be completed and that capital improvements will enhance the revenues. Councilmember Carlson also noted the following items that could potentially increase revenues, better concessions,e.g. sell specialty coffee;promote more tournaments;roller rink in the east arena in the summer;increase the Wblic skate fee while increasing the security as some participants are not paying. Mr.Vii#noted bm staff has tried over the years to provide more and better concessions,however tE�� apital c ;could not be justified. He anticipates some opportunity to change that since Cade Ba}�his been constructed and there can be some sharing. Councilmember Masin asIE6T tfieti Is-fii.bh: -IeW-and if it was a good year. Finance Director VanOverbeke referenced the handout in the packet that was prepared by the auditors and displayed the cash flows for arena operations. Mr.VanOverbeke explained that from a cash flow standpoint,the arenas have done very well. He expressed that his main concern was for the on- going debt service obligations,necessary continual improvements and required capital maintenance that are required over and above the.qWJ0.I*.:4' tions. Councilmember Blomqui4;**'#*€e$'tliit I*se ideas be given a trial period and that additional ideas be brainstormed.% o'ii pilmember- 'kken inquired as to the price elasticity for open skate and recjuested that capital eii es;be broken out for potential reduction. Mr. Vraa responded that the most money comes school,which is being increased for next year. , Mr.Vraa asked about the possibility of differential pricing for the school district users,as they would be paying the higher rate in the other district communities. This idea would increase the rate on approximately 480 hours of prime ice time. Mayor Awada suggested that the rates be left as approved for this year and th4t*fAff-should ,tc}e�cpand revenues. Councilmember Carlson stated that gross hours shp :l3e a¢oi# ease revenues. PARKS AND REON AD i SORY COMMISSIONS C.I.P.PART III ikC011JNDATI0NS After a brief introduction'Efyit-itq'Ac3iftsWedges,Director of Parks and Recreation Vraa explained the process that the Commission had utilized to arrive at these recommendations. Commission member Lee Markell recognized retired Superintendent of Recreation,Dorothy Peterson,for her role in preparing the recommendations. Ms.Peterson explained how the recommendations wars »#'44 frpm the Parks Master Plan through a serious of iterations using the Commission's: %tormmg of ideas,input from others,and a review of available dollars. Mr.N kell explained%tfiir;&sire for the document to be flexible and the desires of various interest grotijss'with a clear dichy between the desires for both active space and open space. M Councilmember Carlson inquired about the possibility of receiving maps to assist in a visual representation of the recommendations. Staff responded that maps would be provided. Mayor Awada questioned what the term conservancy meant in the table. Mr.Markell responded that the idea was to maintain some of right of first refusal on certain property at the time of potential sale to allow for City use; i�velopment were contemplated. Councilmember Blomquist remarked that some item$were.end of vague,e.g.two playgrounds per year listed for replacement. Superintendent of P SpA Az ;?� -responded that a visual inspection is made monthly of park playground rri�iliprii :''f'1 �f'1''p iffrounds being considered for replacement had originally been in& ed in the 1982 through 1985 timeframe. Mr.Vraa noted that the first two were identified a"ere is some flexibility after that, although the complete list will be provided. Councilmember Blomquist made a request for a description of the term "bubble"on page 8. Councilmember Carlson vps;supportive of the access to Ohman Park acquisition. She went on to express her opinion aboUt-Nescotl_fitation Park where the park use cannot be maximized due to parking concern ::;She su o*ted that parks that cannot be used by the general public should not be maintained. DR,,r,Carlsot:&ayed a comment from the Eagan Athletic Association and the Eagan Hockey%sociatidiNhat they would have liked additional time to review the proposal and to respondiJ ;3esiiicT> t}it the material was sent out at least two months before it was due backto�ifi 'i✓&iiffi�'� In response to a question, City Administrator Hedges noted that the C.I.P.would probably be adopted in December so there is additional time to explore alternative ideas. Councilmember Masin asked a question about Wescott Staxion Park and Councilmember Carlson responded that the issue is parking. CouncilmembV�;,Qa n went on to explain that there is a problem with the soccer field located at T�3P ? Sicteirtentary. Mr. Vraa explained that he . has spoken to the EAA about the sitt"wsai#ti'r'egtfdsied a letter that can be shared with school officials since that is district prop&tq::�i�,also statdi:that there are small amounts of money I within the C.I.P.that can bFtW.*Wpmaller items such as the drainage problem with - the soccer field. Mayor Awada inquired about the number of acres•envisioned in section 9(map 11). Mr. Vraa responded that it was estimated at nine acres. Mayor Awada responded that she thinks that acquisition of this site should be a high priority and envisions the site for a Community Center and Senior Center. In response to a question from Councilmember Blomquist,it was noted that the contemplated contribution from the R t�Fy Club, .f. :the band shell and not for land acquisition. Councilmember Masiti: M.a thi'¢iiKen business opposition to public parking in this section 9 area. It ithe con S29 of the City Council that acquisition of land in section 9 become a high priority. • ouncilmeMgr Blomquist stated that the City Council and . Commission should be decisive 4 at is d6Md at this site. Direction was given to staff and the Commission to meet and detet :ir#: ;S". : e how much land is needed to provide for various activities and program*'stt *ie;"4:st :i: c r.Vraa responded that this should be possible to complete within 5 weeks. Mayor Awada suggested that the City Council should write a memo outlining their vision for a park in this particular location. Mr.Markell inquired as to the availability of funds beyond those in the Park Site Acquisition and Development Fund and Mayor Awada responded that money was Mayor Awada stated thats i besn't think't2i he Patrick Egan Park design should go forward until the City is ready to d $elop the park. ThW-0-ommission responded that they thought they were responding to a City CtiRaa- it desire. Councils nber Carlson responded that she would like to see it left alone. Sliiqued as Sa: ciiioiCouncil could get maps. Mr.Olson responded that copies of the quarter section maps(not colored)could be made available immediately. Mayor Awada noted that t&:Cedarvale Task Force is finishing their work and could • possibly be recommending a potenW,�ublic park in that location. That recommendation would impact the park system as well. Mayor Awada and the City'COtffieY'tEi2ttkea't�mmission for their diligence and hard work in completing the recommerit�tons. OTHER BUSINESS There was on other business. ADJOIRNMENT There being no further b4ttiss,the i ting adjourned at 5:55 p.m. EJV Date City Clerk i MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 1, 1999 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 7, 1999 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the September 7, 1999 City Council agenda, the minutes of the August 17, 1999 regular City Council meeting and the minutes of the August 24, 1999 and the August 3, 1999 special City Council meetings, the following items are in order for consideration. Agenda Information Memo September 7, 1999 Eagan City Council Meeting EPARTMENT HEAD BUSINESS' A. PROJECT 673R, POPPLER LANE ASSESSMENT REDUCTION REQUEST ACTION TO BE CONSIDERED: Receive/reject a request from Mr. Larry Poppler for reconsideration of an assessment reduction for Lot 3, Block 1, Poppler Homestead Addition, and, if received,provide direction for appropriate review venue. FACTS: • Mr. Larry Poppler, 3030 Poppler Lane, has submitted another request for the City Council to reduce the amount of the assessment levied under Project 673R (Poppler Lane—Street and Utilities). • Due to the fact that the City Council has two new members since this issue was last formally addressed,the Council requested staff to provide a history of the issue before they give consideration to reconsidering this request. • The staff has prepared a memo addressing this issue and it is enclosed with this packet. Due to the volume of background information, only the summary memo was provided. If it is to be reconsidered, all related documents would be forwarded to the reviewing group. ATTACHMENTS: / • Staff Memo,pages 3 through !d • Poppler letter(8-26-99),page MEMO city of eagan TO: THOMAS L HEDGES,CITY ADMINISTRATOR FROM: THOMAS A COLBERT,DIRECTOR OF PUBLIC WORKS DATE: SEPTEMBER 2,1999 SUBJECT: PROJECT 636R,POPPLER LANE REQUEST FOR RECONSIDERATION OF ASSESSMENT LARRY POPPLER Recently, Mr. Poppler has again approached the City Council requesting reconsideration of the special assessment that was levied for the above-referenced project against his property located at 3030 Poppler Lane. Before the Council agreed to give further consideration to this request, they directed staff to provide a summary and history of the issues for the edification of the new Councilmembers. This memo provides that information. BACKGROUND Project 636 provided for the reconstruction and upgrade of Poppler Lane located south of Lone Oak Road between Pilot Knob and Eagandale Boulevard. It also included lateral storm sewer and miscellaneous sewer and water service improvements. This project originally began in 1992 when the City Council received a petition from the developer of the Poppler Homesteads No. 2 Addition (Lawrence G. Poppler). That original project was subsequently cancelled by Council action due to the inability of the developer to complete the final plat process due to legal description conflicts. In November, 1995, the City Council received a new petition to revise and update the previous public improvement and, on January 16, 1996, approved Project 636R(Revised)deferring the assessments for 5 years. In April, 1996, the City Council approved the final plat for Poppler Homestead No. 2 Addition. The developer waived objection to the proposed assessments associated with the public improvements for the 3 newly created lots located along the west side of Poppler Lane. Mr. Larry Poppler's homestead (3030 Poppler Lane) was an existing parcel outside of the newly created subdivision and not covered by the waiver. The public improvement was subsequently constructed under Contract 96-05 during the 1996 construction season. ISSUE At the time of the final assessment hearing held on November 19, 1996, Mr. Larry Poppler, along with his brother Pete and father/developer Lawrence G. Poppler, all submitted written objections to the proposed final assessments. Mr. Larry Poppler questioned the excessive amount of the final assessments and the appropriateness of including the construction costs associated with locating existing utility services and other overall engineering costs. The amount of the proposed final assessment for Larry Poppler exceeded the feasibility report estimate by approximately 19.7% ($9,516 vs. $7,947). Subsequently,the City Council referred the issue to the Public Works Committee. 3 Page 2 RESPONSE On December 3, 1996, the Public Works Committee, consisting of Councilmember Ted Wachter(Chair) and Councilmember Pat Awada,met with Larry P. Poppler, Lawrence G. Poppler(and their spouses) and their personal representative,Vince Kennedy. Larry Poppler wanted to have the total assessable improvement cost ($9,297) reduced by $6,877. The Public Works Committee agreed to reduce the final assessable costs by $3,869. After some additional credits provided by a revised financial accounting, the final assessment to Mr. Poppler's lot was $8,545.48 which was $48.48 more than Mr. Poppler's request of $8,497 per lot. The revised final assessment roll based on the Public Works Committee recommendations was subsequently adopted on December 16, 1996. There was no appeal to the levied assessment. A copy of the minutes from that meeting are attached. Mr. Poppler has continued to submit requests for reconsideration of his assessments by way of correspondence dated April 29, 1998, May 6, 1999 and July 29, 1999. On January 14, 1997, and again on March 24, 1998, the City Council formally discussed Mr. Poppler's requests and provided responses that there would be no further consideration by the City Council. The last correspondence from the City to Mr. Poppler was from Councilmember Ted Wachter as Chair of the Public Works Committee dated March 30, 1998 (copy attached). Also enclosed is a summary of the various assessment rates associated with this project. RECONSIDERATION REQUEST Mr. Poppler continues to believe that his assessment should be further reduced similar to the reductions provided to other existing residential properties where public improvements were recently installed (i.e., Country Home Heights,and Oak Pond Addition). To date, there have been no fewer than 13 letters submitted by Mr. Poppler over 3 % years with 11 responses and/or reports prepared by City staff addressing these issues. (Most recent 7-29-99 letter attached.) The City Council should determine whether they want to give further consideration to Mr. Poppler's request or to reaffirm past Council positions. If they want to give further consideration, they should provide direction to staff regarding the proper venue (i.e., Council agenda, Public Works Committee, staff meetings,etc.). Respectfu y submitted, irector of Public Works TAC/J Attachment: 12-16-96 Minutes Letter Dated 3-30-98 Assessment Rates Letter Dated 7-29-99 EAGAN CITY COUNCIL MEETING MINUTES;DECEMBER 16, 1996 00464 CPAGE 6 MULTI-FAMILY HOUSING REVENUE REFUNDING BONDS WOODRIDGE APARTMENT PROJECT City Administrator Hedges provided a brief overview on this item. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and continue this item to the January 21, 1997 City Council meeting. Aye: 5 Nay: 0 CERTIFICATION OF 1997 PROPERTY TAX LEVY, INCLUDING CITY, TRANSIT AND SPECIAL SERVICES DISTRICT 96.115 City Administrator Hedges gave an overview on this item. Mayor Egan noted that there was significant discussion at the last Council meeting regarding this item. Councilmember Hunter moved,Councilmember Masin seconded a motion to approve the resolution certifying the 1997 Payable Property Tax Levy. Aye: 5 Nay: 0 APPROVAL OF 1997 GENERAL FUND BUDGET, 1997 ENTERPRISE FUND BUDGETS, INCLUDING WATER, SANITARY SEWER, STREETLIGHTING, STORM DRAINAGE/ WATER QUALITY AND CIVIC ARENA City Administrator Hedges gave an overview on this item. He noted that copies of the draft budget are available for public inspection at any time and the budget will be placed at the public library for review after they are bound in final form. Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve the 1997 General Fund Budget and 1997 Enterprise Fund Budgets, including Water, Sanitary Sewer, Streetlighting, Storm Drainage/Water Quality and Civic Arena. Aye: 5 Nay: 0 APPROVAL OF 1997-2001 CAPITAL IMPROVEMENT PROGRAM, INCLUDING PART I (GENERAL GOVERNMENT FACILITIES), PART II (VEHICLES AND EQUIPMENT) AND PART III (INFRASTRUCTURE) EXCLUDING PARKS City Administrator Hedges gave an overview on this item. Councilmember Awada moved to approve this item with the understanding that there is still a debate over the cost of the Fire Administration building. Councilmember Awada moved, Councilmember Masin seconded a motion to approve the 1997- 2001 Capital Improvement Program, including Part I (General Government), Part II (Vehicles and Equipment) and Part III (Infrastructure) excluding Parks. Aye: 5 Nay: 0 PROJECT 636R, FINAL ASSESSMENT ROLL (POPPLER LANE -STREET IMP.) City Administrator Hedges gave an overview on this item. Director of Public Works Colbert noted that there has been a lot of discussion and background information provided on this item and therefore did not present a formal staff report. Mayor Egan commended Councilmembers Awada and Wachter, who C EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 19% O0465 PAGE 7 serve on the Public Works Committee, for their work and recommendation. Councilmember Masin asked for clarification on Mr. Poppler•s last letter in regard to the duplication of a process by the engineering firm and whether this had been discussed in the meeting with the Public Works Committee members. Councilmember Awada stated that the duplication may have occurred and that was taken into account in their decision. Councilmember Wachter mentioned that Larry Poppler had asked whether or not he could come before the Council this evening. Councilmember Wachter told Mr. Poppler that he would have that opportunity if he so desired. Larry Poppler, 3030 Poppler Lane, addressed the City Council and noted that he drafted a letter stating his concerns and recommendations following the Public Works Committee meeting. He asked if the terms being recommended are the same as those agreed upon on January 16, 1996. Mayor Egan noted that to his knowledge the terms are the same. Mr. Poppler reiterated many of the objections and concerns he expressed at the public hearing, which were also addressed during the Public Works Committee meeting. Councilmember Wachter stated that the objections were already discussed at the Public Works Committee meeting. Mayor Egan added that the Council is aware of every aspect regarding Mr. Poppler's arguments. He further added that the Council had received a memo from staff containing the Poppler proposal and the revised Public Works Committee recommendation, which is further refined by reductions that the Public Works Department staff found would be possible due to good unit costs. He noted that the modified recommendation is within $48.48 of Mr. Poppler's proposal. Mr. Poppler stated that he was unaware that the numbers were that close. Councilmember Wachter said that the Public Works Committee's recommendation was further modified because of successful negotiations with the contractor. Mayor Egan stated that this process has been fair and he commended Councilmembers Wachter and Awada and staff for their work in regard to this assessment. Colbert clarified that the assessment will be deferred for five years and then spread over a period of seven years. Councilmember Hunter moved, Councilmember Wachter seconded a motion to receive the Public Works Committee recommendation and approve the final assessment roll for Project 636R (Poppler Lane- Street Improvements)as modified on December 13, 1996 and certify the roll to Dakota County for collection to begin with taxes payable in the year 2002. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT/PYLON SIGN - CSM CORPORATION City Administrator Hedges gave an overview on this item. Senior Planner Freese gave a staff report noting the revisions being proposed by CSM Corporation. Steve Dubbs, representing CSM Corporation, addressed the Council and said he feels that a good compromise was reached. Councilmember Masin asked why the variance to the signage was granted to the Green Mill Restaurant. Freese indicated the issue was with the second sign which was the PD Amendment for the sign on Rahncliff Court and Rahncliff Road. She said that typically a second pylon sign is not allowed. She further said that Green Mill needed to have visibility from Cliff Road in order to meet MnDOTs requirement to allow them to have signage for their restaurant placed on the freeway sign. Councilmember Hunter stated that it is obvious from the study that staff conducted that this is consistent with past practice. He further stated that since the Council banned additional billboards, they have been consistent in showing some flexibility with signage next to the freeway. Councilmember Masin noted that this sign will be visible without granting the variance and if the Council grants the variance to this business other businesses will likely follow suit. Mayor Egan said that only one sign is being requested, which will serve a dual purpose. Mr. Dubbs stated that the reason they are requesting the additional height is because of the topography of the property which results in limited visibility at the original location. Councilmember Masin commented that she is cautious about granting a larger sign. Councilmember Hunter reiterated that the difference is that there are two uses being proposed for one sign. ' city of eagan THOMAS EGAN Mayor March 30, 1998 PATRICIA AWADA BEA BLOMQUIST SANDRA A.MASIN THEODORE WACHTER MR LARRY POPPLER Council Members 3030 POPPLER LANE THOMAS HEDGES EAGAN MN 55121-1318 City Administrator POT 6 3 E.J. VAN OVERBEKE Dear Mr. Poppler: City Clerk City Administrator Hedges shared your letter of March 17 with the City Council at their Special Workshop Session on March 24. All Councilmembers clearly recall all the issues associated with your special assessment and the extensive consideration that was previously given during numerous City Council and Public Works Committee meetings. On December 3, 1996, the Public Works Committee met for 1'/2 hours to review in detail all the issues and concerns you had with the proposed assessments. The Public Works Committee agreed with certain points and recommended that the City Council reduce the proposed final assessments. On December 9, 1996, you submitted a letter stating your request to have the assessments reduced for each lot to a maximum of$8,487. On December 16, 1996, the City Council received the Public Works Committee's recommendation and subsequently approved the final assessment amount of $8,545.45 per lot, which was only $48.40 more than your written request. In addition, the City Council has deferred this assessment for 5 years. After recalling and discussing all of these issues at our Workshop Session last Tuesday, there was a total consensus of the City Council to not give further consideration to any additional requests regarding reducing or adjusting a final assessment which was approved with your agreement over 15 months ago. The City can't consider reopening previously adopted final assessments based on what a proposed assessment may be for some other subdivision. They are all different and are all considered on their own merits. As Chairman of the Public Works Committee, the City Council requested that I inform you of the Council's decision not to give further consideration to your request. Sincerely, Ted Wachter Councilmember& Public Works Chair Cc: M yor& City Council c/o Thomas L. Hedges, City Administrator om Colbert, Director of Public Works MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT E,AGAN.MINNESOTA 55122-1897 EAGAN,MINNESOTA 55122 PHONE:(612)681-4600 PHONE:(612)681-4300 FAX:(612)681-4612 Equal Oppo17mployer FAX:(612)681-4360 TDD:(612)454-8535 TDD:(612)454-8535 X30 f � v a � s D U C o > a r � a00 x6e �- 3 � as ZO v, 0 0o r- t- 00 0� W! er Lei N h es; N 0 O a opo ego IV 00 00 cc CPA 00 aQ o H . W Q h �D ... !r � zW � UWP w o 0 o M� 1.0 o m o CT N O O pa", a 4 a b e7 IV a na y a 66 � � opo � opo 00 F � Q • ori a vi a M N N "m Za SQA eT � eT w °a a o 0 cz0 lw00 W) IV � e [� N Q V-4 C'� M O� aH oa a oa F o �" v3v C9 aM WrA U- Thomas Hedges 7-29-99 City Administrator 3 6 2 Eagan, MN. Dear Mr. Hedges, The purpose of this letter is to follow-up on our recent phone conversation and to request that the city council reconsider the assessment amount of our street. Let me give you the facts and circumstances for this review. • LeMay Lake Addition to our east was rezoned to high density R4 apartments without our involvement in that process. The city approved R4 next to R-1. At the time of construction, the city was paid"Road Unit Fees"for each apartment unit (which amounted to around$50,000) The key point is that the City of Eagan benefited financially while the R-1 property to the west was impacted significantly with EQUITY LOSS! • Pond DP-15 water shed easement was donated by Lawrence and Aurelia Poppler. This easement serves a large part of the surrounding area for water drainage. • Several years earlier,Lawrence and Aurelia Poppler donated land off Lone Oak Road so that Egan avenue would come out straight entering Lone Oak Road. • Easements were donated to the city to correct the city's former planning of not enough footage for future repairs of its city services. • Another easement was given to the city for more space to service a lift station on Lone Oak Road. THE CITY OF EAGAN WAS GIVEN WHAT THEY WANTED WHEN THEY NEEDED IT . Yet for that cooperation and generosity,the following actions and decisions were made by the City of Eagan. • We were told by the engineering department that Country Home Heights(our neighbors)would be treated in similar manner. Rural width and no curbs gets no city funding. The impression was made that there would be "Continuity and Equity of Process"which follows the State mandate for cities. Yet,a month later,the City Engineer declared that some city funding was needed for Country Home Hts. This is the same area that fimnels its water to the donated water drainage easement of Pond DP-15. Then there was an unusually hugh city funding for Country Home Ht. when the mayor at that time was in the process of selling his home in that area. The point is that if the standards applied to our area were used in Country Home Hts., the mayor would not have received as much for his home. • At one of the council meetings for Country Home Hts., I questioned the different process and was told that we would receive a review and given fair treatment. That never happened! It still goes that we were charged excessively for engineering fees (some of which were obvious duplications and excessiveness) and for a Feasibility Report. Public hearings were conducted for a street that was maintained and plowed by the city for 20 years,yet we were then told that no funding would be given to private street. We were given that excuse but Towerview Project was not charged for a for a Feasibility Report when 2 or 3 of its residents requested that city services be installed on that section of a privately maintained.street. • Recently, the Oak Pond.Addition(off Cliff Road)was given more favorable treatment for city funding than the city normal`Policy". To elaborate on the amount, our simple street upgrade was charged(per lot)more than the Oak Pond street with its city services(sanitary sewer/water). The city went off its"policy"and funded about 500/a of all those services. • The city even charged about$600 on each vacant lot in our neighborhood,to verify the services that they installed. Since the city had no records,it necessitated the verification but the cost was charged off to the vacant lot property owner. One can correctly guess that the charge was made to the person(s)who gave the city what it wanted when they needed it. Now lets look at the facts and set aside any bias or political prejudices. The city benefited by its zoning practices,its easement acquisitions and at the same time charged excessively on this project. What is disturbing is that the city has funded so much to other areas and without visible benefits as they received in our area I am requesting what was promised months ago. And that is, a meeting to review the assessment on this project to correct some injustice. The city in its reports stated that it tries to come close to follow the mandate of"Continuity and Equity of Process". When one does some in depth analysis as I have, the assessment charge does not come close to being equitable. j This request warrants your immediate attention. Not doing the right thing really takes away from the positive features that the city is trying to establish. Singer y urs, PPIe /D SEP 8-26-99 TO: Administration and Council Members FROM: Larry Poppler RE: Public Works Report as requested by the city council on Project 636R assessment As I understand, the report from Public Works will be available for the Sept. 7'h council meeting. Its ironic that the council voted to place it back to where it all started. My concern is that the report may be professionally slanted to hide the inconsistency and abuse. The assessment number should stand out by itself along with the solid information already provided. Just to add to it;How does one explain and justify the cost of Feasibility Reports and cost overruns absorbed by the City Fund on"some"projects while ours was not? I do have some cautious hope that the report will make some reasonable adjustments. Considering my time invested in research, my concern is that city and elected officials do the right and ethical thing. Agenda Information Memo September 7, 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. Clerical Technician III/Maintenance Facility-- ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as a Clerical Technician M/Receptionist for the Maintenance Facility. FACTS: Interviews for this position will be held on Tuesday, September 7. Because of the vacancy, the supervisors at the Maintenance Facility would like to offer this position to a candidate as soon as possible after the interviews. Item 2. Seasonal Skate Guard-- ACTION TO BE CONSIDERED: To approve the hiring of Jeff Peterson as a seasonal skate guard for the Civic Arena. Item 3. Seasonal Recreation Leader Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Joe Lendway as a seasonal recreation leader assistant. Item 4. Seasonal Assistant Skating Instructor-- ACTION TO BE CONSIDERED: To approve the hiring of Keith Newcombe as a seasonal assistant skating instructor. J' Agenda Information Memo September 7, 1999 Eagan City Council Meeting Item 5. Seasonal Football Officials-- ACTION TO BE CONSIDERED: To approve the hiring of Brad Champlin, Guy Dawson, Jeff Freeman and Ken Freeman as seasonal football officials. Item 6. Seasonal Football Field Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Meghan Doherty as a seasonal football field assistant. Item 7. Resignation/Building Inspector-- ACTION TO BE CONSIDERED: To accept the resignation of Wayne Miller, a building inspector. Item 8. Resignation/Planner-- ACTION TO BE CONSIDERED: To accept the resignation of Julie Farnham, Planner. /3 Agenda Information Memo September 7, 1999 Eagan City Council Meeting B. CONSIDER AMENDMENT TO THE CABLE FRANCHISE ORDINANCE EXTENDING THE FRANCHISE TERM TO NOVEMBER 16 1999 ACTION TO BE CONSIDERED: To adopt the Ordinance amending Cable Franchise Ordinance No.101, Article II, Section 4,Franchise Term. FACTS: On or about July 8, 1983, the Member Cities adopted the current Cable Television Franchise Agreement and Ordinance. The original 15-year agreement has been extended three times,with the current franchise extension expiring on September 1. At the Telecomm Commission's August 26 meeting, the Commission recommended the Member Cities extend the current franchise/ordinance from September 1 to November 16, 1999. ISSUES: It was the goal of the Telecomm Commission and staff, as well as MediaOne, to have this resolved by September 1, with the Member Cities' consideration of it in September. While there has been significant progress on the renewal negotiations,there are still a couple of remaining items to be resolved, as well finalizing the language of the franchise document. The extension will allow time for completing the negotiations and language review, and for the Member Cities to be fully informed of the franchise renewed agreement and ordinance, including the adoption of the new ordinance. Attached is the ordinance amendment language that extends the franchise until November 16, 1999. This time frame allows the Telecomm Commission to review and provide a recommendation by its October 28 meeting, and to forward to the Member Cities for their consideration at their second meetings in November. The extension of the franchise only effects the franchise term,with all other franchise obligations remaining intact. ATTACHMENT Ordinance Amending Cable Franchise Ordinance No. 101, Article II, Section 4, Franchise Term on page 1 . CITY OF EAGAN Ordinance No. AN ORDINANCE AMENDING CABLE FRANCHISE ORDINANCE NO. , ARTICLE II.,SECTION 4,FRANCHISE TERM THE COUNCIL OF THE CITY OF EAGAN ORDAINS: SECTION 1. Ordinance No. , Article II., Section 4, Franchise Term, is hereby amended to read: SECTION 4. FRANCHISE TERM This Franchise shall commence upon the effective date of the regular certificate of confirmation issued by the Board and shall expire on November 16, 1999. SECTION 2. This ordinance shall be effective upon passage and official publication. PASSED by the City Council this 7t'day of September, 1999. Mayor City Administrator ATTEST: Introduced: Adopted: Published: Effective: Accepted by Grantee this 7`h day of September, 1999: GROUP W CABLE OF BURNSVII.LE/EAGAN, INC. By: . l� I' Agenda Information Memo September 7, 1999 Eagan City Council Meeting C. FINAL PLANNED DEVELOPMENT& FINAL SUBDIVISION (OAKPOINTE 2ND ADDITION)—OCP HOMES,INC. ACTION TO BE CONSIDERED: ➢ To approve a Final Planned Development to allow 17 single family residential lots upon approximately 4.2 acres of land located south of Cliff Road between Galaxie Avenue and Plaza Drive in the northwest '/4 of Section 32. ➢ To approve a Final Subdivision (Oakpointe 2"d Addition)to allow the creation of a 17 lot single family residential subdivision located south of Cliff Road between Galaxie Avenue and Plaza Drive in the northwest 1/4 of Section 32. FACTS: ➢ The subject property is currently described as Outlot D, Oakpointe of Eagan 1St Addition. ➢ On September 5, 1995,the City Council approved a Comprehensive Guide Plan Amendment,Preliminary Planned Development Amendment and Preliminary Subdivision(Oakpointe of Eagan)to allow the development of 35 zero lot line single family homes upon property which includes existing Outlot D. ➢ Oakpointe of Eagan 1St Addition was approved on May 20,1996 and consisted of 18 single family lots and two outlots. ➢ The proposed subdivision constitutes the second and final phase of the approved planned development. ➢ The proposed Final Planned Development is consistent with the Preliminary Planned Development. ➢ The Final Planned Development Agreement Development Contract are expected to be in order and have been executed. ATTACHMENTS (2): Site Location,page Final Subdivision drawing,page Z tF�V fJ�.� i�• BAS Q r� an c 1110etj�Ci1` OCCRwt)00 1 OR . TO TACMif IRK ' _C, A. ARNELIAN i, 5 wR� PARK A v 1 w 1. I� l t►A,D�LAFI It. C T'Y t 1 �"I L rye , •.YLNiDRAMI�Af VER 4r IA CEDAR? 1 1 r T 1 POND Pf N TLEY �", 6 eP RK 6 6 CT. f, r I t i CORAL A. CT' - n71 g T + al TL.kt 4L ' � 9 I y OLQRY OR R v I ILI L dk y �I w TE _ ARP T OR ARi x 4i v ® 43 ARK �..� .-NE * � � � � _Da PARK 6@8 ff. �r rr `' G r y) RiN CLFF w .. 46 l f I 'Wt AR L RAM r s RK TT PARK fit` CLArr g w 1� c,'E i .. C LAK£ '�G� C�7� Ic r LENT R , RD. RO m CLfF ROAD �I ALT NOKIA r101tLA WAY ` t -- - ALAXE wAr RANI WAY cT cT. �{ NANCY CR. K ETTL _ r s OAK OR. PA 9 GK CT. r 1``I I MINE co C PAR c s ul w I L 2 3 ItNCS Ro. / f�A ~ ROCECt.lFF PARK �I CitL C a / CT Tr Rwt n. 17.-%rat n. Y1I)I� .1-1AIN H. 6IA1 wu pl. C y[f If. ta- 114v(AZ M. '� T� a-IINaST(Ap R. u-TA G"FT. � ,p_ CT. CII+ ..ff\���--7T ! P► �9t. a-as"VT. IT.-"",A h. 1• WL-a.,A TR. V At tiara/T. ,aalaY PT la-"MID.PT. a- . 711- pt. NAOW- pl. AVA 01 > 1 / 1 71r At.tA 11. on. ?Z4�li N t� s :E P A \\\`-�//A VALLEY LOCATION i i 88 .a g1. s' iS iLD s $� b � litr C, a I'l if all I Ig d Q I l a Z � 2t ii:v04 Ile YNI ' S {elf( ".J0.4OO! ii.-C`•. .n. �.C n.n. �v i}`�4 Q ay ...,...:��nate tri:a cy ..� as 's a,, `\• ,1y• ,S — —/— >wlt•1 unun.A.w.YO I RD.LLooN 1. �R rr )na� R ;__s>•���7:, e°°Y :.f- -- ��tt� - gyp• - � �,\, \ / -.`� O 8: 1"ten ro'�`�'�' '.f, i �,.y * `i•` rpt, •aseo"os tom:\�. "= $b' i � / any i ♦ ti �i -�j �''w•� 'tLr+sA, �\0•� r � <(� LLJ H cv Vis[ •tSYi1tA a p �i� •r - CJ4AT A wa -4/ �C 8 \ \ ` • O d r �� a.o.�y C.�),Y.lr.r+ F-- riw �a� L$ b t^o�br•�•. Y the 'L► �\�` ' n - -a.o N rq tia.s�ask•j In �� ko 3 n w.lr•rcJi ,._p t -7- a�;': i �� 'yam wb,•.:`,� � '�. s o L'- _$ , ,Cj� s- '•, A ax CJ ra 2\`�•� at r N-_ b X14 L„ YY b � I -- " a ECS i Wiz. i _ a16 \ c, L — —J-------j •oDi}ou }noy}len A2IVNIWI1321d '310N Agenda Information Memo September 7, 1999 Eagan City Council Meeting D. FINAL PLANNED DEVELOPMENT& FINAL SUBDIVISION (CEDARVIEW 2ND ADDITION)—DECALLA PROPERTIES ACTION TO BE CONSIDERED: ➢ To approve a Final 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 Final 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. ➢ On June 20,the City Council approved the Preliminary Planned Development and Preliminary Subdivision subject to the conditions listed in the staff report. ➢ The Final Planned Development and Development Contract are expected to be in order and have been executed. ATTACHMENTS (2): Site Location,page C20 Final Subdivision drawing,page C) Us t. G,long � I■ • l In its o ��`i'r� ,►� tom, � Q 0 Ell LA ns i Von �� G�i'�^�In`�`. .. �� �.•: n; _ In IL OL ion swum fs am �� � . . �A / ��,�..-.,1� `moo .o♦c �...�� ���� I,�•��/111■ �/� Sp� r V 1W it 2 r � i s � Qt s itaja �j i 5 I a' F 13t : 6_ Flj If 21 - ------ R+ _• 11 I I 11 1 I 4 ii 3 int i i i i It I CH I 1 1 1 I .•..�yi8: y I LJ� b 1~is.' Ci ' Iy 11 1 1Et16: � ✓E!f= k �I I= tl � R 1 l��s (itij= 1 IR «i : 1---_If -m •{T�l t■ j �/ ____ JrM - ty � N r I 1 Y Agenda Information Memo September 7, 1999,Eagan City Council E. FOOTING AND FOUNDATION PERMIT—DUKE-WEEKS REALTY (APOLLO BUSINESS PARK) ACTION TO BE CONSIDERED: • To allow the issuance of footing and foundation permits for two buildings at Apollo Business Park prior to final platting of the property located south of Apollo Road in the north V2 of Section 11. FACTS: • The preliminary subdivision for Apollo Business Park was approved May 18, 1999. • The final subdivision application has been submitted and we are in the process of preparing the development contract and other necessary documents. It is anticipated that these documents will be order and the final subdivision scheduled for the Council's approval at the September 21, 1999 meeting. • Issuance of the footing and foundation permit would allow construction of the buildings to begin,while issuance of full building permits can be withheld until the final subdivision is approved and the final plat recorded. ATTACHMENTS: �1 Location Map,page oc3 Letter from applicant,page�� Location Map - it ------------- 'in rwrrirrrrrr Af rt 3MENlow Iwo _ a i a� s A CAAA wo x.(Lora euc sn1 s i Subject Site e� S i oil ie mob 1000 0 1000 Feet 1"=1000' Development/Developer. Apollo Business Park Application: Preliminary Subdivision Case No.: 11-PS-06-03-99 CC N NPasd urirq 13151 McVlew 11.Poral fast mp ir/annalan P aAded *City Ofa9an b%ycowry ted�+y DeprO*"`�axl is amrt:d Daxnbari994 W* e M THIS MAP Is INTENOED FOR REFERENCE USE ONLY S Tho city of Eagan and Dakota County do not guarantoo tho accuracy of this Information. 6125432997 09/01/99 10:57 FAX 6125432997 DUKE CONSTRUCTION CjOO2 Ew&]Duke-weeks REALTY CORPORATION September 1, 1999 Ms. Pamela Dudziak Planner City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 VIA FAX 651-681-4694 Re: Apollo Business Park/Request for Footing and Foundation Permit Approval Dear Pam: The purpose of this tetter is to request City Council review and approval of footing and foundation permits for our two proposed buildings at Apollo Business Park. We have submitted full building plans for both buildings with the appropriate completed applications. Building number one plans were submitted July 20, 1999 and building two was submitted August 23, 1999. A SAC determination letter is in your files for building one and building two should be in hand or received by September 7, 1999. Final plat application is complete and it appears that the final plat review will be ready for the Council's second meeting in September. We are prepared to submit any reasonable security the City requires for the footing and foundation permits. Please telephone me if you have any questions or need further information. Sincerely, Duke Realty Investments, Inc. Kevin G. Maas Development Services Manager Kgm C: Brian Smith 1550 Utica Avenue South Suite 120 Minneapolis, MN 55416 Phone: 612.543.2900 Agenda Information Memo September 7, 1999 Eagan City Council Meeting F. EXTENSION FOR RECORDING FINAL SUBDIVISION FAITHFUL SHEPHERD CATHOLIC SCHOOL FOR FAITHFUL SHEPHERD ADDITION ACTION TO BE CONSIDERED: To approve a 90 day extension of the recording requirement for the Faithful Shepherd Addition(located north of Yankee Doodle Road and west of Lexington Avenue in the SW '/4 of Section 11). FACTS: ➢ On December 17, 1998,the City Council approved a Conditional Use Permit(CUP) to allow an elementary and middle school upon the subject site(within a BP, Business Park zoning district). As a condition of CUP approval, the subject property was required to be platted with public access. ➢ The Faithful Shepherd Addition was approved by Council action on June 1, 1999. Such approval established a subdivision recording deadline of August 1, 1999. ➢ According to the applicant,the requested extension is necessary to resolve some property transfer problems. ➢ The requested 90 day recording extension would establish a recording deadline of October 1, 1999. ATTACHMENTS: (1) Charles M. Bichler correspondence dated 8/25/99,page 6512235483 AUG-25-1999 14:54 MEIER.KENNEDY & QUINN 6512235483 P.02i02 MEIER, KENNEDY & QUINN COARTERcD ATTORNEYS AY LAW WILLIAM C.MEIER ANOR'LW J.EIGENZIMMER SUITE 2200. NORTH CENTRAL LIFE TOWER 410:0•Iorll LEON.oENLER 445 MINNESOTA STREET YIM1831 1•.QUINN ural- .GUI YMOMAs It.WIEseR SAINT PAUL. MINNESOTA 55101-2100 ALOIS O.KENNEDY.JR. JOHN C.OUNOEROONIRtTIRiPI TELEPHONE(651) 228-1911 CMARLES M.OICHLER FACSIMILE(651) 223-5483 ShichlerralMhS1 W. August 25, 1999 VYA ACSIMME & U.S.MAIL City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 ATTN: MARILYN W. RE: Faithful Shepherd Catholic School Our File No. 9902 Dear Mayor and City Council Members: On behalf of Faithful Shepherd Catholic School, this letter is a request for an additional ninety(90) day period to record the approved final Faithful Shepherd Addition Plat. The final plat includes the east access road on property previously owned by Mr. K.C. Stock. This properly has been transferred to Stock Lumber Co., Inc. In order to record the plat, we need the evidence of the transfer, which should be forthcoming from Stock Lumber Company, Inc., however,there appears to be a problem with the legal description utilized in the transfer. We request this matter to be a consent agenda item at the September 7, 1999 council meeting. Enclosed is a check in the amount of$75.00 made payable to the City of Eagan for the processing fee. Please call me if you have any questions. Thank you. Yours very truly, MEIER,KENNE Y &QUINN, CHARTERED .r- Charles M. Bichler CMB:sak cc: Mr. Chuck Hall merEan V TOTAL P.02 Agenda Information Memo September 7, 1999 Eagan City Council Meeting G. RECOMMENDATION TO REMOVE SW QUADRANT OF THE CEDAR AVENUE/HIGHWAY 13 INTERCHANGE FROM MORATORIUM ACTION TO BE CONSIDERED: To approve the recommendation from the Cedar Avenue and Highway 13 Redevelopment Task Force to remove properties in the southwest quadrant of the TH 77/TH13 interchange from the interim ordinance(moratorium) established in May 1999. FACTS: • The City Council enacted an interim ordinance (moratorium) in May 1999 for the purpose of protecting the integrity of the Cedar and 13 Task Force's deliberations. • The Task Force recommended including the southwest quadrant of the Cedar/13 interchange in the Study Area and Moratorium Area as a possible site location for light-rail transit, park-n-ride facilities or other transportation alternatives. • SRF Consulting Group's analysis could not identify a reasonable, efficient or cost- effective alternative that would have tied the southwest quadrant to the remainder of the Study Area for the purposes of transportation or other uses. Therefore, no redesign of that quadrant is included in the concept scenario for the Study Area. • Based on this information, the Cedar Avenue and Highway 13 Redevelopment Task Force passed a motion at its meeting of August 24, 1999, to recommend removal of the properties in the southwest quadrant of the 77/13 interchange from the moratorium. ATTACHMENTS: • Cedar Avenue andFli hway 13 Redevelopment Study Area notification map is included on pages . An eda 1eS#�udy Area Notifi \ � e �� so i ire® -ft. Agenda Information Memo September 7, 1999 Eagan City Council Meeting H. PERMIT RENEWAL TO OPERATE MOTORIZED GOLF CART, MICHAEL KROLICK ACTION TO BE CONSIDERED: To approve a permit renewal to operate a motorized golf cart on designated streets for Michael Krolick. FACTS: • City statutes allow mobility-impaired persons to operate golf carts on City streets upon approval of an application for a permit. • Michael Krolick has made application for such a permit. • The Police Department has given approval for this renewal permit. ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo September 7, 1999 Eagan City Council Meeting I. SERVICE STATION LICENSE RENEWAL FOR CEDARVALE TEXACO, 3830 SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: To approve the service station license renewal for Cedarvale Texaco located at 3830 Sibley Memorial Highway. FACTS: • City Code requires that service stations within the City of Eagan be licensed on at least an annual basis. • The application for Cedarvale Texaco has been reviewed by City staff and is in order for consideration by the Council. Agenda Information Memo September 7, 1999 Eagan City Council Meeting J. TOBACCO LICENSE—WALGREENS LOCATED AT 4220 LEXINGTON AVENUE ACTION TO BE CONSIDERED: To approve a tobacco sales license for Walgreens located at 4220 Lexington Avenue. FACTS: • The City is in receipt of a tobacco license application from Walgreen Company for the above referenced location. The application has been reviewed by staff and is in order for consideration by the City Council ATTACHMENTS: • Application enclosed without page number. Agenda Information Memo September 7, 1999 K. PROJECT 745,BLUE GENTIAN ROAD SETTLEMENT AGREEMENT ACTION TO BE CONSIDERED: To approve a Settlement Agreement for Parcel 10-00200- 050-26 (Chapple) regarding the property acquisition cost for Project 745 (Blue Gentian Road — Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 745 provides for the installation of streets and utilities for the realignment of Blue Gentian Road in conjunction with the development of Grand Oak Business Park (North 1/2 of Section 2). • On September 1, 1998, after the close of the public hearing and approval of Project 745 on August 18, the City Council authorized condemnation proceedings for the acquisition of public right-of-way, if necessary. • Steve and Julie Chapple, 988 Blue Gentian Road (Parcel 10-00200-050-26), have refused the City's appraised valuation and are demanding an additional amount equal to 5.7% ($1950). Based on the cost to pursue the disputed difference through the court system, the staff and City Attorney's office are recommending that the City Council approve the negotiated settlement. 30 Agenda Information Memo September 7, 1999 L. CONTRACT 99-11,WESCOTT ROAD RESTRIPING ACTION TO BE CONSIDERED: To receive the bid for Contract 99-11 (Wescott Road — Restriping), award the contract to Warning Lites of Minnesota, Inc., for the Base Bid in the amount of$34,172.30 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On June 1, 1999, the City Council ordered the restriping of Wescott Road, from Pilot Knob Road to Highway 149, changing the current 4-lane to a 3-lane design in conjunction with the signalization of the Wescott Road and Lexington Avenue intersection (Projects 766R-A and 766R-B). The original improvements included the removal of the existing striping and sealcoating of the street surface. • On July 6, the Council approved these plans for Contract 99-11 and authorized the advertisement for solicitation of competitive bids. On August 3, due to the only bid submitted significantly exceeding the engineer's estimate, the Council rejected all bids for Contract 99-11. They then deleted the sealcoating portion of the contract, and authorized the re-advertisement for solicitation of competitive bids for the restriping improvement only. • At 10:30 a.m. on August 26, only one formal bid was received for this project. A copy of the bid summary is enclosed. The contract was bid to include alternates for type of paint (i.e. latex vs. epoxy) and method of old striping removal (i.e. grinding vs. sand blasting). After reviewing the cost differential, life expectancy, effectiveness, etc., the staff is recommending awarding of the base bid (sand blasting and latex). • The bid has been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The bid from Warning Lites of Minnesota, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ISSUES: • Only one bid was received for Contract 99-11, even with the deletion of the sealcoating and addition of alternative bids for striping removal and pavement marking. However, the bid is from a respectable contractor and the bid amount is well below the Engineer's estimate. Other contractors were contacted and stated that they were too busy to meet the schedule of this contract. • The construction of Contract 99-10, Wescott Road and Lexington Avenue Signalization, is about to begin and the coordination of the striping removal is critical to traffic operations. The substantial completion of said contract is scheduled for November 1. ATTACHMENTS: • Bid Summary,page . 32 SEP-03-1999 FR I 07:41 AM FAX N0, P. 04 Bid Summary Wescott Road Striping Project City Project No. 766R-B City Contract No. 99-11 Bid Date: August 26, 1999 Bid Time: 10:30 a.m. Contractors Total Base Bid 1. Warning Lites of Minnesota, Inc. $34,172.30 Altemative No. 1 Alternative No. 2 Base Bid (epoxypaint) removal b rindin Low Bid $34,172.30 $65,812.15 No bid received Feasibility Report Estimate NA $61,770.00 Percent Over(+) Under(-) Estimate +7% Engineer's Estimate $66,889.00 $97,768.00 Percent Over(+) Under(-) Estimate -49% -33% Previous Bid (without seal coat item) $90,957.00 3�1 Agenda Information Memo September 7, 1999 Eagan City Council Meeting M. RENTAL OF CITY-OWNED HOUSE— 1275 TOWERVIEW ROAD ACTION TO BE CONSIDERED: To approve renting of the City-owned house located at 1275 Towerview Road beginning on October 1, 1999. FACTS: • The City purchased the 4.7 property,house and structures from Mr. Don Grant in 1998. Closing was in December. • The property was acquired to be part of the future Moonshine Park. • The City has been renting the house back to Mr. Grant until his transition has been completed. The lease expired on September 1. • It is advantageous to the City to have an occupant in the house for purposes of security and maintenance, especially during the winter months. • The Advisory Park Commission will be studying the use of the property and the potential uses of the house. • The house will be rented October 1 through a short term, renewable lease at a rate to be determined through examination of comparable local rentals. • The City currently rents/lease three other houses on property purchased for future park expansion(Deerwood House/Patrick Eagan Park, McCarthy House/Patrick Eagan Park, R. Holz House/Holz Farm Park). Agenda Information Memo September 7, 1999 N. CONTRACT 98-09 VALLEY VIEW PLATEAU STREET&UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Authorize the 6`h and final payment to MacNamara, Inc., for Contract 98-09 (Valley View Plateau — Street & Utility Improvements) in the amount of $6,906.81 and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Contract 98-09 provided for the reconstruction of the existing streets within the Valley View Plateau neighborhood as well as the replacement of some of the existing water main and the addition of new storm sewer. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved Plans and Specifications. It is being presented to the Council for favorable consideration of Final Acceptance and payment. Agenda Information Memo September 7, 1999 O. EAGAN ROYALE EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate a public drainage & utility easement on Lot 13, Block 3, Eagan Royale and schedule a public hearing to be held on October 5, 1999. FACTS: • On August 30, 1999, City staff received a petition from Ron Johnson, property owner of Lot 13, Block 3 Eagan Royale Addition, requesting the vacation of a portion of existing drainage &utility easement in the east-central portion of the property. • The easement was dedicated with the Eagan Royale Addition plat to accommodate a ponding area (designated as Pond AP-33 in the City's Storm Water Management Plan) for the Eagan Royale development. • The property owner is proposing to construct an in-ground swimming in a portion of their yard currently covered by the drainage & utility (ponding) easement. The property owner is not proposing to fill any part of the ponding area covered by the easement but rather construct the pool in an area that is currently approximately two to three feet in elevation above the 100-year high water mark of Pond AP-33. ATTACHMENTS: Q' • Location Map,page .J y . • Legal Description, graphic,page through 37 i r�UK C'i � � � � RD,FNfl g z%,r CIDLKJ-� = RE KATNR OWFLEY ZIRCON LN. ,FlPr YRNDAcwD I�.RD. aoca0 gFFLEY RD. �� IPMUNK CT. CORAL LN. c W CT o GLORY DR. R METCALF . o avSE W000�, COVE �o�K ci Ij WR CEDAR BACK N /^ PiAIA IN X IN. yERIN DR. CLIFFVI }� Z (� CLIFF j LAKE F $ FF RD. C RD. Q t/ECO. RD. 32 FF CU ROAD I W�1 NUT CUFF RD. NOKIA NOKIA WKY 9 CALAXIE RAMN WAY g D � CT. �Y O¢ 4 NAS 3 lie U PIN OAK OR. Cr `' oil 0 RNUM qDR. 1 ,1 NVINCTON ACR NAND LN. a O yAMES31 KINGS RD. CDVINSVC( �C 32 T PARK j �.�• DR. g J .� � W D RD. vi I � t AVE. !" a `E aN %*U-S G10NAL .—P � APPLE VALLEY LOCATION GNACAWNSAP_ROYALE PUBLIC WORKS Lot 13, Block 3, Eagan Royale • DEPARTMENT Easement Vacation Fig. City of Eagan (�}( Location Map W%-AIWIN nAVL AUI* tir L.N r lhlU VLA11"lt!) Ab OF AUGUST 27TH, 1999. _ ROYALE- DRIVE 1 o � � S89048146"E bumR�2* •88 57.00 59.22 46" o �\ 5� ` o o I EXITI G / �I HOU / I DECK PATIO I 0 5 In oS 1 o / 3 W �\ 5 0 -1 A �.� L_VT I t04 �1--11-- o,'� -' 6 cv N s- EL. 989.30 AREA TO BE VACATED ---�.,t.::-:: ..: : :n• . ••� •;••�•i.••rr•y:•:•� LOT 1 37•7s EL. 987.7c EL. 985.51 � uZZL PZ E H.W.L. 985.3 Pond AP-33 ''01O0ww 612 890 6244 SEP-02-1999 11:45 JAMES R. HILL. INC. 612 890 6244 P.02/03 I PROPOSED DRAINAGE AND UTIUY EASEMENT VACATION I For: Ron Johnson ' That part of the dedicated drainage and utility easement over, under, and across Lot 13, Block 3, EAGAN ROYALE, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the southeasterly corner of said Lot 13; thence North 12 Degrees 40 Minutes 00 Seconds East, assumed bearing, along the easterly line of said Lot 13 a distance of 90.00 feet to an intersection with the drainage and utility easement line which is drawn southeasterly from a point on the westerly line of said Lot 13 distant 114.00 feet southerly of the northwest corner of said Lot 13; thence North 85 Degrees 42 Minutes 27 Seconds West along said drainage and utility easement line a distance of 5.05 feet to the point of beginning of land to be described; thence South 12 Degrees 40 Minutes 00 Seconds West parallel with said easterly line of said Lot 13 a distance of 27.97 feet; thence North 86 Degrees 37 Minutes 56 Seconds West a distance of 37.75 feet; thence North 04 Degrees 17 Minutes 35 Seconds East a distance of 28.28 feet to the said drainage and utility easement line which bears North 85 Degrees 42 Minutes 27 Seconds West from the point of beginning; thence South 85 Degrees 42 Minutes 27 Seconds East along said line a distance of 41.81 feet to the point of beginning. We hereby certify that this is a true and correct survey of the above described property and that it was performed by me or under my direct supervision and that I am a duly Licensed Surveyor under the laws of the State of Minnesota. That this survey does not purport to show all improvements, easements or encroachments, to the property except as shown thereon. Signed this -.day of .1999. JBtTsOa R. HIL Inc. G By. Harold C. Peterson, Minnesota L.S. No. 12294 m aJames R. Hill, Inc. ca �+ y w > PLANNERS / ENGINEERS / SURVEYORS v o ; 2500 W. Cn RL 42, Suri 120. 9ua v&L MN 55337 4 � o * F, ,em m N R40C (612*0-6044 FAX (612A*4244 Agenda Information Memo September 7, 1999 P. LEXINGTON POINTE 12'ADDITION(OUTLOT A) EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate a public ponding easement and schedule a public hearing to be held on October 5, 1999. FACTS: • On June 24, 1999, City staff received a petition from Swenson, Inc., property owner of Outlot A, Lexington Pointe 12th Addition, requesting the vacation of an existing ponding easement along the east edge of the property. • The easement was dedicated with the Lexington Pointe 12th Addition plat to accommodate a ponding area(designated as Pond JP-50 in the City's Storm Water Management Plan) for the Lexington Pointe development. • The property owner has applied for the Final Subdivision of Outlot A as Lexington Pointe 10 Addition. The processing of this petition was delayed by City staff to coincide with potential approval by the City Council of the Lexington Pointe 14th Addition Final Subdivision. The ponding easement necessary to cover Pond JP-50 will be dedicated as part of the Lexington Pointe 14th final plat. ATTACHMENTS: • Location Map,page 402 • Legal Description, graphic,page V 3through_. Ll �50fl %l. a A r v J s c I.N. E RIOLE PA CT.t00o p 2 CARTHY $ DwIL PL pPORTHVIEW 'q ARK BERRY PA 2 1 t � PARK 1 45 pEW&"K Y x 3 PARK ��, Ei d D• 1• 96 � I•S oo �. --FAVER CT. Qui Ler IcisLATHiC AI : -are � N � 42 � LAKE �t E ort. L rI L CARLS PARK 3 � rs�ca' c LAKE ' ' G 2iGOAT d Z GRI.SON � � PARK � rwtwlu5 tJ+ WA!N PARFARM < TRAPP E l 36 48 CPARK 52 41•OAK I ow a 28 0 mcooNox;m ff O PARKMEW I""E LOCATION , GOLF h, RD. IDCOURSE O J Q Ro�ONA` sc�+<nrz p ARK GEORGE `EBPNON H1� -s n n wcE OHMANN J) G:\VACATIONS\LP120UTA.0WG L N POINTE 12TH ADDITION, OUTLOT A Figure 4 > " I SEMENT VACATION .4' City of Eagan LOCATION MAP Legal description of property to be vacated: All that part of Outlot A, Lexington Pointe Twelfth Addition, Dakota County, described as follows: Commencing at the southeast corner of said Outlot A, Lexington Pointe Twelfth Addition;thence North 00 degrees 09 minutes 39 seconds East,assuming that the south line of the NW '/.of Section 26,Township 27, Range 23 has an assumed bearing of South 89 degrees 59 minutes 17 seconds West,along the east line of said Outlot A a distance of 331.48 feet to the point of beginning of the land to be described; thence South 08 degrees 00 minutes 11 seconds West 69.04 feet;thence South 43 degrees 37 minutes 54 seconds West 66.27 feet;thence North 34 degrees 53 minutes 33 seconds West 159.41 feet; thence North 58 degrees 50 minutes 19 seconds West 80.00 feet; thence North 22 degrees 51 minutes 18 seconds West 800.00 feet;thence North 89 degrees 06 minutes 23 seconds East 115.00 feet to a tangential curve concave to the southwest, having a radius of 699.29 feet,a central angle of 35 degrees 57 minutes 07 seconds,a length of 438.79 feet to a point on the east line of said Outlot A,distance 668.02 feet,as measured along said east line from the point of beginning,thence South 00 degrees 09 minutes 39 seconds West,along the east line of said Outlot A, a distance of 668.02 feet to the point of beginning and there terminating. q- .3 b cr W !651 N z „ z ;=N LLI iI f ~ � + uO� pN0sf p O� ~ LLJ v. o Zn Z 7 dl: a' •:a3OUX-G1Y 06" .304100 NOIOt D€P ;i!vEvc � + arm / J;t `fans aw uSs.its fs jwo Q � s�.. v� �n rww.r m ar aw rsfrm- /- � v' � • ---------------- /44 ---- /� tt /F°jy+1 / / _ IJIJ � - fffm ar�fr "low 0 mo somm ut W e • I I ' an am f ••S•ar.*.f a� _ tl J f% will: 0 >� I - '° ' T. I• N n •► n � I QI-- I-- go ; J '--��pl• � J I .Sts* .0 0 lei I NOlil00d H1N3A313 31NIOd NOIJNIX31 � z :N �..L. Z a z 0 z zW J O QD X � OilW Agenda Information Memo September 7, 1999 4. PROJECT 99-E,TRAFFIC CONTROL SIGNAL AGREEMENT OAKVIEW CENTER ACTION TO BE CONSIDERED: To approve Traffic Control Signal Agreement No.79333R (Oakview Center — TH 55 and TH 149) with Minnesota Department of Transportation and authorize the Mayor and City Clerk to execute all related documents. FACTS: • As part of the Oakview Center development it is necessary to revise the existing traffic control system at the southerly intersection of TH 55 and TH 149 to allow for a fourth leg to be added to the intersection. The improvements include the installation of turn lanes, new traffic control signal, emergency vehicle pre-emption, and signing at the intersection. • An agreement between the City of Eagan and the State of Minnesota, Department of Transportation has been prepared providing for the cost, maintenance, and operation of the traffic signal improvements. Asset forth in the agreement, the City's financial share of these improvements is $20,000 (Per the development agreement, the developer is responsible for this cost). • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. Agenda Information Memo September 7, 1999 Eagan City Council Meeting R. AWARD BID FOR REPAIRS AND UPGRADE OF FIRE STATION#2 ACTION TO BE CONSIDERED: To award the bid for the repair and upgrade of Fire Station#2 to CM Construction. FACTS: • The Eagan Fire Department and CNH Architects have reviewed the bids submitted for the repair and upgrade of Fire Station#2. • It is being recommended to award the bid to CM Construction for base bid for $142,000,plus Alternatives 1, 2, 3, and 6 for an additional $24,200. • The 12%contingency fee would bring the total to $189,504,which is $2,615 under budget. The budget approved by the City Council at the August 3, 1999 meeting was $192,119. ATTACHMENTS: • Bid tabulation enclosed on pages 7 through . �6 DI, TIILATIaN GENERAL CONTRACTORS I ml�smi Parkos Construction Elder Jones Met-con Metro Gpreystone Construction Die.q$f,�61� Pro ect• lire Station#Z Base Bid $198,800. $154,000. $179,000. Alt.No. 1 3,600 2,900 2,800 Bay Floor Alt.No.2 2,600 2,000 3,650 Exterior Lights Alt.No. 3 2,200 2,450 2,040 Heat Tape Alt.No.4 3,000 3,100 2,350 Unit Heater Alt.No. 5 1,900 1,470 350 2"d Floor Light Alt.No.6 24,400 21,000 24,150 Bituminous Bid Bond Yes Yes Yes Completion Date 120 Calendar Days 60 Calendar Days 120 Calendar Days Addendum#1 X X X Addendum#2 X X X Suggested Alternate Comments GENERAL CONTRACTORS J.S.Cates Construction CM Construction United Contracting Corp Thor Construction Pro CCS:F>iN�C Sta�Q�1 +: I Base Bid $142,000. $161,000. $160,614. Alt.No. 1 2,600 3,000 3,105 Bay Floor Alt.No.2 1,800 1,700 2,723 Exterior]Lights Alt.No. :3 . 2,300 2,300 2,100 Heat Tape Alt.No,4 3,000 2,500 2,900 Unit Heater Alt.No..5 N/A 1,600 350 2"a Floor Light Alt.No.6 20,500. 17,000 17,600 Bituminous Bid Bond Yes Yes Yes Completion Date 150 Calendar Days 90 Calendar Days 90 Calendar Days Addendum#1 X X X Addendum#2 X X X Suggested Alternate Commends �r BATi�N GENERAL CONTRACTORS Caribou Contracting Cannon Construction Gladstone Construction 1�unerberg Construction 1 DattezlS Co. t�fi f=� i Base Bid $185,300. $152,800. $160,500. $148,275. Alt.No. 1 7,000 3,500 6,700 3,450 Bay Floor Alt.No. 2 1,750 1,875 2,650 1,830 Exterior Lights Alt.No. 3 2,300 2,440 2,100 2,590 Heat Tape Alt.No.4 8,000 1,650 3,100 2,735 Unit Heater Alt.No. 5 2,500 750 1000 2,500 2"d Floor Light Alt.No. 6 32,000 25,600 21,600 27,775 Bituminous Bid Bond Yes Yes Yes Yes Completion Date 120 Calendar Days 120 Calendar Days 150 Calendar Days 120 Calendar Days Addendum#1 X X X X Addendum#2 X X X X Suggested Alternate Comments GENERAL CONTRACTORS Lund Martin D&R Construction I ?aaEe•8I" b199 _ Construction own Pio 6 `Ffi Statim# ` I Base Bid. $167,400 $157,640 , Alt.No. 1 2,970 2,000 Bay Floor Alt.No.2 2,500 3,286 Exterior Lights Alt.No. 3 2,100 2,464 Heat Tape Alt.No. 4 9,400 1,331 Unit Heater Alt.No. 5 2,000 451 2"d Floor Light Alt.No. 6 17,600 27,815 Bituminous Bid Bond Yes Yes Completion Date None Noted 120 Calendar Days Addendum#1 X X Addendum#2 X X Suggested Alternate Comments Agenda Information Memo September 7, 1999 Eagan City Council Meeting S. CREATION OF COMMUNITY FACILITIES LAND ACQUISITION TASK FORCE ACTION TO BE CONSIDERED: To ratify the creation of the Community Facilities Land Acquisition Task Force. FACTS: • At the August 24, 1999 Special City Council meeting, direction was provided by the Council to establish a task force to study space needs for possible future recreational properties and facilities. Members of the group were to include residents and representatives from community organizations and City of Eagan advisory commissions. An advertisement was placed in the local paper soliciting participation. Information was also sent to various City organizations and to advisory commission members seeking representation on the task force. • The written statement of purpose and goals of the task force were unable to be prepared for inclusion with the Council packet but will be distributed prior to the task force meeting. • The first meeting of the task force is scheduled for Thursday, September 9, 1999 at 4:30 p.m. in the Community Room. • To date, resident Mike McGinn, Tim Staley,YMCA; Jan Stapleton, Eagan Chamber; Ray Wade, Eagan Historical Society and Mike Ferber, Eagan Foundation have confirmed their attendance at the upcoming task force meeting. Shirley Lawrence, who was asked to represent the seniors,has expressed in interest in serving on the task force but will be unable to attend the first meeting. • Unless otherwise directed,those individuals expressing an interest in serving on the task force will be considered task force members. Agenda Information Memo September 7, 1999 Eagan City Council Meeting T. PROJECT 756,WOODGATE 3RD.TIBERON,MALLARD PARK 3" ADDITIONS—FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 756 (Woodgate 3`d, Tiberon, Mallard Park Yd Additions— Street Improvements) and schedule a public hearing to be held on October 5, 1999. FACTS: • Project 756 provided for the bituminous overlay of the streets within the Woodgate 3'd, Tiberon, and Mallard Park 3'd Additions. • This project, constructed under Contract 99-01, has been completed, all costs tabulated and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the Final Assessment Hearing to present the final information to the affected property owners and address any concerns. • The Final assessments are approximately 33% under the estimate contained in the Feasibility Report presented at the public hearing held on February 2, 1999. Agenda Information Memo September 7, 1999 Eagan City Council Meeting U. PROJECT 753,THOMAS LAKE ROAD FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 753 (Thomas Lake Road—Street Improvements) and schedule a public hearing to be held on October 5, 1999. FACTS: • Project 753 provided for the bituminous overlay of Thomas Lake Road from Cliff Road to Diffley Road. • This project, constructed under Contract 99-01, has been completed, all costs tabulated and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the Final Assessment Hearing to present the final information to the affected property owners and address any concerns. • The Final assessments are approximately 54% under the estimate contained in the Feasibility Report presented at the public hearing held on February 2, 1999. S3 Agenda Information Memo September 7, 1999 Eagan City Council Meeting V. PROJECT 752,JOHNNY CAKE RIDGE ROAD FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 752 (Johnny Cake Ridge Road — Street Improvements) and schedule a public hearing to be held on October 5, 1999. FACTS: • Project 752 provided for the bituminous overlay of Johnny Cake Ridge Road from Cliff Road to Woodgate Lane. • This project, constructed under Contract 99-01, has been completed, all costs tabulated and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the Final Assessment Hearing to present the final information to the affected property owners and address any concerns. • The Final assessments are approximately 43% under the estimate contained in the Feasibility Report presented at the public hearing held on December 15, 1998. v Agenda Information Memo September 7, 1999 Eagan City Council Meeting W. PROJECT 776,YANKEE DOODLE ROAD EXTENSION ACTION TO BE CONSIDERED: Approve a resolution of support for Dakota County's Application for Federal and Regional Surface Transportation Program Funding through the Metropolitan Council for Project 776(Yankee Doodle Road—Extension). FACTS: • Project 776 provides for the extension of Yankee Doodle Road (County Road 28) from Hwy 149 in Eagan to 80'Street at Hwy 3 in Inver Grove Heights. This segment of County Road is classified as an "A" Minor Arterial on the regional Transportation System and is eligible for Regional funding through the Federal TEA 21 Surface Transportation Program. Each application for funding must receive a letter or resolution of support from all affected governmental agencies. ISSUES: • The Cities of Eagan and Inver Grove Heights along with Dakota County and MnDOT are presently going through a corridor alignment selection process that is not expected to be completed prior to the Sept. 21 application deadline. The submittal opportunity could be 2-4 years away depending on if, and how, the Met Council changes the application and evaluation process. Funding availability could be another 2-4 years beyond that. Applications can be revised as a project is refined through preliminary or final design analysis. To insure the greatest opportunity of funding,the application will be based on the alternative that was presented at the open house held on Aug. 18 at the Wescott Library. Approval of this resolution and support for this application does not pre-commit the City to this alignment. ATTACHMENTS: • Resolution,page. CITY OF EAGAN RESOLUTION NO. YANKEE DOODLE ROAD EXTENSION(PROJECT 776) WHEREAS, the construction of County Road 28 from TH 149 in Eagan to TH 3 in Inver Grove Heights (CP 28-15)is important in meeting the transportation needs of Dakota County and its communities,and WHEREAS, CP 28-15 is in the proposed 2000-2004 Capital Improvement Program for Dakota County and the City of Eagan WHEREAS, a Joint Powers Agreement was entered into between Dakota County, Inver Grove Heights, Eagan and MnDOT for developing a roadway corridor on Yankee Doodle Road between TH 149 and TH 3,and WHEREAS, a County Road 28 Task Force was formed by the County, the Cities of Eagan and Inver Grove Heights and MnDOT to consider acceptable alternatives,and WHEREAS, the County Road 28 Task Force reached a consensus for a preferred alternative for County Road 28 between TH 149 and TH 3,and WHEREAS, the support of all communities who will be benefited by the County Road 28 project is desired,and WHEREAS, the County Road 28 project potentially is a strong candidate for funding under the Federal Intermodal Surface Transportation Efficiency Act(ISTEA/STP),for which the application period begins in the Fall Of 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota,that: It supports the development of an application for ISTEA/STP funding for CP 28-15 (TH 149 to TH3)by Dakota County. ADOPTED this 7h day of September, 1999. Mayor ATTEST: City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan,Minnesota,on the 7`s day of September, 1999,as disclosed by the records of said City in my possession. City Clerk Agenda Information Memo September 7, 1999 Eagan City Council Meeting OLD BUSINESS A. APPOINTMENT SOLID WASTE ABATEMENT COMMISSION ACTION TO BE CONSIDERED: To appoint a hauler representative to the Solid Waste Abatement Commission for the remainder of a three-year term. FACTS: • On August 17, 1999, the City Council accepted the resignation of Ron Moening from the Solid Waste Abatement Commission. Mr. Moening, who represented BFI Waste Systems,notified staff that since the company's recent merger with Allied Waste Systems,he is no longer employed by that company and will therefore no longer be serving as a representative to the commission. Mr. Moening's position was to expire January 2001. • Staff was directed to contact all licensed haulers in the City regarding the vacancy on this commission. • Michael Stone, with BFI Waste Systems, is the only applicant who expressed an interest in serving on the Solid Waste Abatement Commission. ATTACHMENTS: • Background Information Form enclosed on pages through . S7 r _ =_ = CITY OF EAGAN BACKGROUND INFORMATION FORM *Please type or print clearly in ink Name Date In order that the Mayor and Councilmembers have a better understanding of your background and interests, please provide the following information: (Attach extra sheets if necessary). �=de� Home Address �368�1 ��� phone (H _(61z) "_� Zip Code STW& How long have you lived in Eagan. �/ _years Employer /�3F/ Occupation 64na/ Phone (W)ASj-/ Please indicate which Committees/Commissions you are applying for. List only those you would be seriously interested in serving on. 151 Choice Sp/;1 2nd Choice 3rd Choice 41h Choice Prior experience on City Commissions, City Boards, btc. Sem (Please complete both sides of application) /(7 s t ---_,Provide a short paragraph summarizing why you are seeking an appointment to a Commission in the City of Eagan. see Briefly describe your background, experience and any other information not previously given which you believe should be considered regarding the appointment you are seeking. See- a ff Return to: City Administrator Date Received City of Eagan (For Office Use Only) 3830 Pilot Knob Road Eagan, MN 55122 Telephone: (651) 681-4613 Fax: (651) 681-4612 / Prior experience... In previous positions with my current employer I was a member of the Board Of Directors for the Recycling Council of Manitoba(Canada)and a member of the Board of Directors for BOMA of Manitoba(Canada). I am currently the acting president of the VHG., a hauler's consortium serving the City of Vadnais Heights. Paragraph summarizing interest... As the newly appointed general manager for BFI Waste Systems and the BFI Recyclery, I am interested in becoming involved with a number of organizations within the local community. The Eagan Solid Waste Abatement Commission represents a mutually beneficially opportunity. If appointed I would look forward to working with members of the community and sharing some of my experiences. In addition The City of Eagan would continue to benefit from having a representative of a large waste company on its commission. Experience... I have been employed with BFI since 1984. During my tenure I have held the following positions: driver, supervisor, medical waste manager, recycling manager, sales representative, sales manager, operations manager and general manager. St.Paul District•4325 East 66th Street•Inver Grove Heights,Minnesota 55076 Phone 651-455-8634•Fax 651-455-0257 www.bfi.com 30%PW-C�E 6� Agenda Information Memo Eagan City Council September 7, 1999 B. COMPREHENSIVE GUIDE PLAN(CITY OF EAGAN)—PRELIMINARY APPROVAL ACTION: ➢ To grant Preliminary Approval of the City of Eagan's Comprehensive Guide Plan amd direct staff to submit the plan to the Metropolitan Council for review and comment. ➢ To direct staff to begin working on amendments to City Code Chapter 11 (Zoning Code) as outlined in the Implementation Section of the Comprehensive Guide Plan. FACTS: ➢ The Metropolitan Land Planning Act, as amended in 1995, requires all local governments within the seven-county metropolitan area to develop comprehensive plans and update them every 10-years to ensure consistency with the regional system plans. ➢ The deadline for plan updates was set at December 31, 1998,but the Metropolitan Council granted extensions upon request. The City of Eagan was granted two extension. One until June 30, 1999 and the second until December 31, 1999. Additional extensions will only be granted by special action of the Metropolitan Council. ➢ Over the past 1 '/z years City staff has worked with the Comprehensive Plan Update Subcommittee, consisting of members of the Advisory Planning Commission and City Council,to review the current (1980) Comprehensive Guide Plan and determine appropriate revisions based on changes that have occurred since the 1980 Plan was adopted. ➢ During the past year the Subcommittee met with numerous property owners subject to land use or zoning changes. Three community open houses were held to obtain broad public input on the proposed changes to the land use plan. One community open house was held to obtain public input on the entire draft Comprehensive Guide Plan. Comments and letters from property owners are included in the attached information packet. ➢ As required by law,Eagan's draft Comprehensive Guide Plan was distributed to surrounding municipalities,Dakota County, and the affected school districts for their review and comment. Their comments and Eagan staff response are included in the attached information packet. 6/ ➢ On August 12, 1999 the APC conducted the official public hearing on the draft Comprehensive Guide Plan. A copy of the minutes from that meeting is attached. The APC recommended approval of the draft plan subject to minor changes. Those changes are reflected in the draft included with the Council packet. BACKGROUND ATTACHMENTS: ➢ Separate packet containing revised draft Comprehensive Guide Plan,minutes from public hearing, other meeting summaries, correspondence from property owners, correspondence from surrounding communities. Agenda Information Memo September 7, 1999 Eagan City Council Meeting C. OFFICIAL MAP#1 NORTHWOOD PARKWAY ACTION TO BE CONSIDERED: Adopt/Continue/Cancel Official Map #1. FACTS: • On April 28, 1998, the City Council authorized the preparation of an Official Map to define the proposed alignment of the future extension of Northwood Parkway over 35E from Denmark Avenue to Pilot Knob Road. This was in response to a proposed development expansion of the Glen Pond Apartment complex. The owner of the property, Mr. Larry Wenzel, requested the City to define the alignment of Northwood Parkway to assist in his future site planning. State Statutes also entitle cities to preserve land with a formal recorded survey identifying the land needed for future roadway improvements. • A public hearing was held on June 16, 1998, and continued to October 20 with staff being directed to review possible alignment alternatives. Due to the active progress being made on evaluating alternatives after initially meeting with affected property owners, on October 20, the City Council cancelled Official Map #1 and directed staff to resubmit when an acceptable alignment had been defined. • After several informational neighborhood meetings were held in the fall of '98, the original concept alignment was reaffirmed and the staff pursued the acquisition of excess MnDOT land between Marice Drive and 35E to be used in a negotiated land swap. • In May '99, Mr. Wenzel submitted a formal application for the Glen Pond 2nd Addition, an expansion of the apartment complex. However, it did not take into consideration the agreed upon alignment of Northwood Parkway. Subsequently, the Official Map was again scheduled for reconsideration at the June 1 Council meeting. • At the June 1 meeting, the Council directed the Official Mapping proposal to the June 22 Planning Commission for review and recommendations along with their scheduled consideration of the Glen Pond 2°d Addition proposed development. The APC supported the Ring Road concept but did not approve the Official Map due to the lack of a defined right-of-way acquisition schedule accompanying the Official Map process. The APC also failed to recommend approval of the Glen Pond 2' Addition due to the fact that it didn't take the Ring Road alignment into consideration, the proposed density was too great and the submitted plans were insufficient. • On July 6, the City Council received the APC recommendations and continued both items (Official Map and Glen Pond 2nd) for 60 days to allow more time to refine the MnDOT land acquisition and negotiated land swap. • MnDOT has subsequently agreed to sell the excess land to the City. However, they have not agreed to the City's appraised valuation. Staff is currently in negotiations with MnDOT for the final acquisition cost. The City has also commissioned an appraiser (Mark Parranto) to prepare a formal appraisal for the right-of-way acquisition from the Glen Pond Apartments. This appraisal has not yet been completed. 3 Item C—Official Map #1 -Continued • The attorney representing Mr. Wenzel has submitted a list of negotiation demands associated with the City's acquisition process. Staff is not able to commit to many of the items as some are either premature to the final detail design, require density approvals,rezoning, assessment waivers or financial remuneration. ISSUES: • Although the City is actively pursuing the right-of-way acquisition process, it has not satisfied the schedule of the developer. If the developer's application process is pursued, the Official Map should again be considered for adoption to preserve and protect the Northwood Parkway corridor. If, however, the APC's recommendation of non-approval is adopted and the development application is found to be insufficient and denied, then the Official Map should not be necessary due to the City's ongoing right-of-way acquisition process. • The City Council should provide direction as to how the City should respond to Mr. Wenzel's negotiation demands. They could refer them to the Public Works Committee, a special Council workshop, a future Council agenda, an empowered staff team, or some other option. ATTACHMENTS: • Official Map# 1,pages k.5and • Developer's negotiation demands,pages and-4U N v � 1 S r • ;P a ry� �' ,, '3nv NOlONIX3l �V ! _30IN�40 '3AY Ld = s p p 4 �" SYe '3nv)iN0AV30 �s t } � e� . 4 �D a 'aJ 80NN LO-fld o r Hilt U o �Y 6� VED 8Y CITY OF . CITY COUNCIL MAYOR, CITY OF EAGAN DATE er cartlfy that(Ai Pltm.ePOWICation or .de prePvad by me of vdor my drecl �abn dnd t"lain a dwy 11or/eterod Propered by, ' Sw.aycr under the lave of the State -opota. ,ff.cWkftP 4 Prepared In aoavdw 9 to d far pie'poa ae described In 1/tneaato t e8233Y '- T Raq.No. 1 __ { f- ' -.1 1 is ys b 200 0 200 I T .4 $Cole feet j I I io / 2a 1 8 2e A / •Y•OF 1 4.T27.R23 I T N-N' 5 i I / I / I ' / ! 1 ' 1 I � ' I I N F Q / x --- HGHSITE DR. b / � / 63.55 -/phi• / . I ' C I PARCEL *s _ ! . 1 PARCEL 1$ / --- AT -- PARCELt MMCE DR. I ' < I � AUG 30 '99 02:58PM P,2 FABYANSKE, WESTRA & HART 8 C.HART A PROFESSIONAL ASSOCIATION M.T.FABYANSKE MARK W.WESTRA PATRICK W.NOAKER JE:REMIAH J.KEARNEY SUITE 1 100 MICHAEL J.KINZER DIENNTS J.TAOOIEN JOCELYN L.KNOLL 920 SECOND AVENUE SOUTH STEVEN C.COX SCOTT LLOYD ANDERSON PAUL L.RATELLE MINNEAPOLIS, MINNESOTA 55402 BRIAN L.WILLIAMS GREGORY T.SPALJ JULIE A.DOHERTY DEAN B.THOMSON TELEPHONE 812.338-0116 JAYNE E.43ARDNEA AARON A.DEAN KYLE f.HART GARY C.!ARSON TELECOPIER 812-338.3857 JOHN T.TROUT JUDITH E.KROW KEITH P.RINTA STEPHEN A,MELCHER CARA D-NEVER RI(:HARp Q.JENSEN TIEN Y.CAI T►IOnngS J_TUCCI FREDERICK H.LADNER CHARLES G.CARPENTER,III OERECK R.6ROWEA August 30, 1999 OF COUNSEL: HOLLV A.R.HART EMAIL 0JTRO0IENQMINNL4W.00M DIRECT(812)338-9505 Mr. Thomas A. Colbert Director of Public Works City of Eagan Municipal Center 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Glen Pond Apartments/Ring Road Our File No.: 80065-002 Dear Tom: Based on recent discussions with Mr. Wenzel and his architect,I am enclosing apreliminary draft of an outline from which Mr. Wenzel would be willing to negotiate appropriate exchanges of property. It is our hope that staff can review this in advance of the City Council meeting next week. In addition, we are willing to meet later this week with staff to discuss the proposal. We look forward to hearing from you. Very truly yours, Dennis J. Trooien DJT/kjm Enclosure cc: Larry Wenzel Dick Krumm N:\PL\DJTL56523 700.wpd AUG 30 199 02:58PM P.3 FOR DISCUSSION PURPOSES ONLY CITY OF EAGAN/LARRY WENZEL MATTER 1• Sufficient land would be swapped with Larry Wenzel in return for his conveyance of the right-of-way for the Ring Road so as to enable the construction of 225 units of apartments. 2. The City designs for Mr. Wenzel's approval the new access out of the apartment garages located on High Site Drive and Pilot Knob Road(commonly known as `Building No. F). 3. The City would reimburse Mr. Wenzel for the costs of putting triple pane windows on those portions of Building No. 1 which are impacted by the additional noise of the Ring Road. 4. Additional landscaping and buffering would be placed on Building No. I to further mitigate the visual and noise impacts. 5. The City would reimburse Mr. Wenzel for the additional costs of triple pane windows on those portions of the buildings to be constructed on 35E that are adversely affected b thenorse on 3SE. 6. The City would approve the density at 225 units. 7. Maurice Drive need not be vacated. 8. The triangular remnant parcel Ieft south of the Ring Road right-of-way and east of the pond would be rezoned to a business/retail/commercial type of zoning to be discussed in greater detail. 9. No assessments for the Ring Road would be imposed on any of the Wenzel property. The Ring Road brings no benefit to the Wenzel property, only detriment. 10. The City would reimburse Larry Wenzel for his out-of-pocket costs incurred in connection with this Ring Road transaction in the amount of$25,000. 11. The City would.install at no expense to the Wenzel property, at the time the Ring Road is constructed, a semaphore at the intersection of Maurice and the Ring Road. 12. The City would authorize staff to continence at City expense the necessary due diligence work as a part of the negotiations,specifically to have the following work performed on the Department of Transportation property and the Wenzel right-of-way property: Phase I environmental survey Boundary survey Geotechnical borings to determine the adequacy of soils for the apartments and for the new Ring Road Wetland delineations 13. Appropriate curb cuts would be put on the Ring Road with respect to High Site Drive, the driveways and access points running through the existing and future apartment complex,and to serve the commercial/retail property. NrPL1) I8773740.wpd Agenda Information Memo September 7, 1999,Eagan City Council D. PRELIMINARY PLANNED DEVELOPMENT—LAWRENCE WENZEL ,(GLEN POND APARTMENTS) ACTION TO BE CONSIDERED: To approve a Preliminary Planned Development for an expansion of the Glen Pond Apartment complex to construct five 60-unit apartment buildings on property located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW '/4 of Section 10. FACTS: • The Planned Development zoning is requested to allow multiple buildings on a single parcel and to allow flexibility with the site design. The proposed density of 300 units on 10.94 acres is 27.4 units per acre. Based on the unit mix and building design, the minimum lot area required by the City Code would be 19.13 acres; the site is 10.94 acres in area. • The Advisory Planning Commission held a public hearing on June 22, 1999, and failed to recommend approval of the Preliminary Planned Development,primarily because of the deficiencies in the development plans. Additionally, the Advisory Planning Commission was concerned with the density and believed that the plans submitted were insufficient to ensure a thorough evaluation of the development proposal. ISSUES: • This request was before the City Council on July 6, 1999, and action on the item was continued to allow the City and application time to negotiate a resolution on the future Ring Road right-of-way, and to allow the applicant to prepare more complete plans. With regard to the negotiations on the acquisition of the Ring Road right-of-way,the City Public Works Director prepared a staff report to the Council which is included with an earlier agenda item, Official Map #1, (item C under Old Business). • The applicant has not submitted revised and more detailed development plans, so the plans remain deficient in areas other than accommodation of the Ring Road right-of-way. In particular, deficiencies include missing information on some of the plans,missing plans (tree preservation,wetland inventory and photometric lighting plan), and a failure to address deviations to the code standards such as minimum recreation and required storage areas. ATTACHMENTS: July 6, 1999, Council Minutes,page June 22, 1999, APC Minutes,pages through Staff Report,pages 17 4 through EAGAN CITY COUNCIL MEETING MINUTES;JULY 6,1999 PAGE PRELIMINARY PLANNED DEVELOPMENT-LARRY WENZEL (GLEN POND SECOND) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Masin questioned why the plans were incomplete and also questioned why the density issues have not been addressed. Senior Planner Ridley stated that the applicant was informed of the deficiencies in the plans,but the applicant insisted on moving 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 representing Larry Wenzel,said that the application for a Preliminary Planned Development was submitted because the applicant had not received any comment from the City in regard to their interest in the land swap with MnDOT for purposes of mapping the ring road. He acknowledged that the application was missing information,but added that the proposed density is consistent with the density of Phase I of the Glen Pond Apartment complex. In regard to the mapping,he said that the APC discussed the City acquiring property from Mr.Wenzel and compensating hien for it within two years. He further said the City Council should direct staff to resolve the matter with Mr. Wenzel and that if compensation were proposed they would 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 forefront. She further said she was not willing to table the PD since it would not be feasible as proposed and added that the application should be denied. Councilmember Carlson stated that if a land swap occurs with MnDOT it would be necessary to submit a new plat. She said she did not want the applicant to be charged additional fees and preferred the item be tabled to allow the applicant an opportunity to resubmit the plat. City Attorney Bauer said that the City Council has 60 days to act on this application,which is set to expire on July 12. He added that the applicant 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,Councilmember Blomquist seconded a motion to continue the Preliminary Planned Development for an expansion of the Glen Pond Apartment complex to construct five 60-unit apartment buildings on property located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW 1/4 of Section 10 to the September 7,1999 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 language requiring such should be added to the motion. EAGAN CITY COUNCIL MEETING MINUTES;JULY 6,1999 PAGE 10 Councilmember Masin moved,Councilmember Blomquist seconded a motion to continue the Preliminary Planned Development for an expansion of the Glen Pond Apartment complex to construct five 60-unit apartment buildings on property located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW 1/4 of Section 10 to the September 7,1999 City Council meeting subject to the execution of an agreement waiving the 60-day agency action rule. Aye: 4 Nay: 1 (Mayor Awada opposed) Page 8 June 22. 1999 ADVISORY PLANNING COMMISSION PRELIMINARY PLANNED DEVELOPMENT LARRY WENZEL Chair Heyl opened the next public hearing of the evening regarding a Preliminary Planned Development for an expansion of the Glen Pond Apartment complex to construct a five 60-unit apartment building on property located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW'/i of Section 10. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated June 18, 1999. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Dudziak noted that the submitted development plans are incomplete with information missing or insufficient to ensure a thorough evaluation. Ms. Dudziak additionally noted that the applicant's proposal does not take into account the extension of the Ring Road. Charles Carpenter, an attorney with the Fabyanske law firm, representing the applicant addressed the Conimission. Mr. Carpenter stated that the proposal was an expansion of the existing Glen Pond project with a similar density. Mr. Carpenter noted that additional information was necessary, but that such information could be provided throughout the planning process. Mr. Carpenter further noted his client's disagreement with the conditions recited in the staff report. Mr. Carpenter submitted a letter to the Commission from Dennis J. Trooien, an attorney with the Fabyanske law firm, which letter addressed the apartment plan and mapping of the Ring Road. Chair Heyl questioned the ability to make a recommendation to the Council when there existed so many open issues and missing information. The Chair noted the applicant's failure to provide the full amount of recreational area and density requirements, the failure to provide elements of the grading plan beyond the boundary of the applicant's property; the failure to provide a wetland plan; failure to provide a tree inventory and a tree preservation plan, the failure to provide a landscape plan signed by a registered landscape architect; failure to provide evidence that the storage space requirement of the City Code has been met; and failure to provide a lighting plan. Mr. Carpenter reiterated that while some of the plans need more detail, these could be submitted later to fit into the planning process. Another representative of the applicant, Mr. Dick Krum, explained that the proposal would incorporate some of the amenities from the first phase, such as a community building. Several residents spoke of concerns to the Commission, particularly with respect to the applicant's request to vary some of the Code requirements. The concerns over traffic and safety and in particular the amount of increased traffic as a result of the establishment of the City's restaurant and senior housing. One resident asked that the Commission examine the traffic patterns in the area and the limited amount of access from the area to Pilot Knob Road, together with the difficulty of making left-hand turns on to Pilot Knob Road. Chair Heyl closed the public hearing. t2c�_ Page 9 June 22, 1999 ADVISORY PLANNING COMMISSION Member Huusko expressed his concern over the density and did not believe that the proposal was similar to Phase 1. Member Huusko stated that there was too many units being proposed for the site and not enough recreational area. Several Members echoed Mr. Huusko's concerns and additionally noted the failure to provide sufficient information for evaluation. Chair Heyl inquired if the applicant was willing to request that the matter be continued. Nir. Carpenter stated that they would not ask for the continuance but would not object to a continuance Member Anderson moved, Member Huusko seconded, a motion to recommend approval of a Preliminary Planned Development for a five-building, 300 unit apartment complex on property located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW'/4 of Section 10. All voted against. Chair Heyl and other Members of the Commission explained that the information was insufficient to find that the proposed plan was a good project. Several Members discussed the vote to not recommend approval in light of a decisioci to continue the matter to a later meeting. Member Segal moved, Member Frank seconded, to reconsider the previous vote. Following further discussion, Member Segal withdrew his motion. 13 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 18, 1999 CASE: 10-PD-01-05-99 APPLICANT: Lawrence Wenzel HEARING DATE: June 22, 1999 (Glen Pond Apartments) PROPERTY OWNER: Lawrence Wenzel PREPARED BY: Pamela Dudziak REQUEST: Preliminary Planned Development LOCATION: East of Pilot Knob Road north of Marice Drive COMPREHENSIVE PLAN: CA, Central Area ZONING: R-4, Residential Multiple SUMMARY OF REQUEST Larry Wenzel is requesting a approval of a Preliminary Planned Development for an expansion of the Glen Pond Apartment complex to construct five 60-unit apartment buildings on property located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW '/a of Section 10. AUTHORITY FOR REVIEW Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." 1211 Planning Report— Lawrence Wenzel (Glen Pond Apartments) June 22, 1999 Page 2 BACKGROUNDIHISTORY The site is located east of Pilot Knob Road and north of Marice Drive. Effress Addition was platted in 1970 and the property is 10.94 acres in area. The existing Glen Pond Apartments were constructed in 1974 and contains 297 units (186 one-bedroom, 108 two-bedroom, and 3 efficiency units.) One existing apartment building and the community building/pool were constructed on a portion of Lot 1, Block 2, Effress Addition. EXISTING CONDITIONS The site is wooded and appears to primarily consist of softwood deciduous trees. There is little variation in topography. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Glen Pond Apartments zoned R-4 (Residential Multiple), guided CA (Central Area) South- Marice Manor/Sidney's zoned LB (Limited Business), guided CA East - Vacant zoned NB (Neighborhood Business) and GB (General Business), guided CA West - Lockheed Martin zoned RD (Research and Development), guided CA EVALUATION OF REQUEST Description of Proposal - The applicant is proposing to build five three-story apartment buildings on the site as an extension of the Glen Pond Apartment complex. The existing zoning for the property is R-4 Multiple Residential) in which apartments are a permitted use. The Preliminary Planned Development zoning is requested to allow multiple buildings on a single parcel and to allow flexibility with the site design. The development is proposed to have half of the required parking underground, and the other half would be surface parking. The new parking is proposed to tie into the existing parking lot south of High Site Drive, and the development proposes to utilize the same driveway accesses to High Site Drive. Compatibility with Surrounding Area—The site is located between the existing Glen Pond Apartments and Marice Manor, a senior assisted living apartment. This property has been zoned for multiple residential development for 30 years. The City's Central Area Plan adopted in 1995 calls for development of mixed uses including medium- to high-density residential development. Densi - The proposed density of 300 units on 10.94 acres is 27.4 units per acre. Although the City does allow apartment densities over 12 units per acre, a minimum lot area is still required and is based on the unit mix and type of buildings. The lot area requirements are discussed in greater detail in the following section of this report. Planning Report— Lawrence Wenzel (Glen Pond Apartments) June 22, 1999 Page 3 Building coverage is shown at 22.7% which exceeds the Code standard of a maximum of 20%, however, this deviation can be approved as part of the PD if the Advisory Planning Commission and City Council find it appropriate. Lots—The development is proposed to occur on a single lot. The parcel should be replatted since the lot appears to have been previously split for the construction of one apartment building and the community building on a portion of the property,but it was not replatted at that time. Based on the matrix in the City Code, the required lot area for the proposed development is as shown below. The Code provides that the required lot area can be reduced by 300 square feet for each unit served by underground garage. Since 300 underground parking stalls are proposed, this reduction in required lot area has already been accounted for in the table below. REQUIRED TOTAL TOTAL LOT AREA REQUIRED SITE TYPE OF UNIT # OF UNITS PER UNIT LOT AREA AREA Efficiency 45 2,420 sq. ft. 108,900 sq. ft. 1-Bedroom 105 2,600 sq. ft. 273,000 sq. ft. 2-Bedroom 125 2,800 sq. ft. 350,000 sq. ft. 3 Bedroom 25 4,060 sq. ft. 101,500 sq. ft. 833,400 sq. ft 476,546 sq. ft. TOTALS 300 19.13 acres 10.94 acres These figures demonstrate a significant deviation from the required lot area. The plans should be revised to decrease the number of units and/or modify the mix of unit types to more closely satisfy the lot area requirements. Recreation area is required in the amount of 200 square feet for each unit containing two or fewer bedrooms, and an additional 100 square feet for each three-bedroom unit. Given the proposed 300 units, this calculates to about 62,500 square feet of recreation area. The recreation area must be located at least 100 feet from any ponding area. The plans show a"recreational open space" in the center of the site that amounts to about 13,000 square feet. The plans should be revised to provide the full amount of required recreation area and the calculations to document satisfaction of this standard. Setbacks—The City Code requires minimum setbacks of 50 feet from public right-of-way, and 30 feet in side and rear yards. Since there are no property lines between the buildings within this proposed PD, the minimum 30-foot side yard setback applies to the distance between the structures and the distance of structures from the perimeter lot lines of the site not abutting a public right-of-way. Parking lots require a minimum 20-foot setback from the public right-of- way. These setbacks appear to be satisfied with the proposed plan. O� Planning Report—Lawrence Wenzel (Glen Pond Apartments) June 22, 1999 Page 4 Grading—The existing site has relatively little variation in topography. The preliminary grading plan submitted with the application does not show existing grades beyond the boundary of the site, making it difficult to evaluate the plan's adequacy and its impact to surrounding properties and streets. If this planned development is approved as submitted, the final grading plan should include grade contour information within 200 feet surrounding the site. Storm Drainage - Storm water runoff from the development would drain to the west via an on- site storm sewer system to a wetland (Pond CP-5 as designated in the City Storm Water Management Plan— 1990) along the west edge of the property. Wetlands/Water Quality- This development is located in Drainage Basin C in north-central Eagan. The development will generate runoff that will be discharged to Pond CP-5, a 1.8-acre pond designated as a sediment basin in the City's Water Quality Management Plan. Pond CP-5 in turn discharges through a series of storm water ponds to CP-9 (Gravel Pit Lake), which is classified as a recreational waterbody in the City's Water Quality Management Plan, located in the Minnesota River Valley. There is one recreational classified water body downstream of the proposed development. There is at least one jurisdictional wetland within the development area, however, no wetland survey for this site has been submitted. Likewise, no grading or conceptual plan for ponding was included in this proposal. The development should meet its water quality mitigation requirement entirely through on-site ponding. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of any wetlands be preserved. No filling or draining of any wetlands should occur. The plans will need to be revised to provide for sufficient ponding area for storm water treatment, and to identify the wetland, avoid disturbance or filling of the wetland and provide a 30-foot ungraded and unmaintained buffer around the wetland. Based on the submitted plans, this development involves an impervious area of about 50%. Treatment ponds should be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least .43 acres and 1.2 acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basins and the discharge pipes from the detention basins should be extended to the NWL of Pond CP-5. Utilities - Sanitary sewer and water main are available within Marice Drive for connection by this development. The proposed internal water service system should be looped (connected in two places) to the water main system within Marice Drive. Also, fire hydrants, spaced in accordance with City standards, should be provided within the development. Access/Street Design - The City is currently proposing to preserve a right-of-way corridor through official mapping to accommodate the future extension of Northwood Parkway from Denmark Avenue across I-35E to Pilot Knob Road. This extension is in accordance with the Ring Road Concept Plan adopted by the City Council in 1994 to provide options to alleviate traffic congestion at the Yankee Doodle Road and Pilot Knob Road intersection. Planning Report—Lawrence Wenzel (Glen Pond Apartments) June 22, 1999 Page 5 The proposed alignment of the Northwood Parkway right-of-way, under the Ring Road Concept, bisects this site. The site plan submitted with this application does not account for the proposed right-of-way mapping. The City Council has directed that the Official Map of this corridor be reviewed by the Advisory Planning Commission at the June 22, 1999 meeting, and to be considered at a formal public hearing at the City Council meeting scheduled for July 6, 1999. Should the City Council approve the official map, the developer should resubmit the site plan to accommodate the right-of-way for Northwood Parkway. Easements/Rights of Way/Permits - This development should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building permit approval. Tree Preservation—A Tree Inventory has not been submitted so we are unable to evaluate the proposal for compliance with the City's Tree Preservation ordinance. Based on the grading plan, nearly all of the site is proposed to be disturbed. The applicant should comply with the city's Tree Preservation Ordinance. To determine compliance, the applicant will need to submit a tree inventory and preservation plan, for review by the City Forester. Parks and Recreation—This development is responsible for a cash parks dedication and a cash trails dedication. The 1999 dedication rates for multiple residential development $837.00 per unit for parks and $163.00 per unit for trails. Landscaping—The landscape plan appears to meet the intent of the ordinance to screen parking areas from the public right-of-way, and provide landscaped parking lot islands. For the most part, parking lots are located toward the center of the site where they are least visible from the public right-of-way. Foundation plantings are proposed at building entrances, and deciduous trees are included around buildings. A mix of evergreen and deciduous trees are provided around the perimeter of the site for screening as a buffer from the public right-of-way. Automatic irrigation is required and the landscape plan should be revised to note that. The landscape plan also was not signed by the person who prepared it, which is required to be a registered landscape architect or certified nurseryperson. Building Elevations/Architecture - The buildings are proposed to be three stories in height, and about 40 feet in height measured from grade to highest roof peak. This exceeds the City Code standard of 35 feet, but such a deviation from typical standards may be approved as part of the Planned Development. Exterior materials are proposed to be brick with aluminum siding, and fiberglass shingles. Colors of materials were not indicated. The building elevations show materials on just one elevation,but all exterior surfaces should be treated as a front and with the same architectural materials. Storage Space—The floor plans show a tenant storage area, but calculations showing storage space relative to the number of units was not provided. The City Code requires a minimum of 150 cubic feet of storage be provided for each unit, exclusive of storage space within each Planning Report— Lawrence Wenzel (Glen Pond Apartments) June 22, 1999 Page 6 dwelling unit. Such storage space may not be provided in a garage. The applicant should provide the information necessary to confirm that the standard for minimum storage space is being satisfied. Lighting—Parking lot lighting is noted to be shoebox style fixtures on poles 20 feet in height. Additional sidewalk and yard lighting is to be globe fixtures on 12 foot poles. A photometric lighting plan was not submitted, so compliance with code requirements cannot be determined. The City Code requires that site lighting be provided for security, safety and traffic circulation. Such lighting should not be directed upon public rights-of-way or adjacent properties and such illumination should be indirect and diffused. Final plans should include a photometric site lighting plan which shows the footcandle levels of lighting at the property boundaries and compliance with the performance standards in the City Code. Trash Storage—No provision is shown for trash dumpsters. Any outside storage of trash and recyclables must be within proper containers and the containers must be located within an enclosure which meets City Code standards. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Planned Development for a five-building 300-unit apartment complex. The use appears compatible with surrounding development, P P however, the development plans submitted are incomplete, with information missing or insufficient to ensure thorough evaluation. The grading plan does not include contours beyond the site boundaries, no tree inventory or wetland delineation was provided, and a photometric site lighting was not provided. The plans will require changes to accommodate on-site storm water ponding and provide the required recreation area, and additional modifications will be needed to satisfy the lot area requirements. Nearly the entire site is proposed to be graded,but without a tree inventory and preservation plan, mitigation requirements cannot be evaluated. And perhaps most significantly, the development plans do not include provisions for alignment of the future Ring Road through this site. Several deviations from typical code standards are included in this proposal such as building coverage over 20%, building height over 35 feet, lot area not meeting the required minimum for the proposed unit mix, and recreation area not satisfying the minimum required for this number of units. ACTION TO BE CONSIDERED To approve a Preliminary Planned Development for a five-building, 300 unit apartment complex on property located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW '/4 of Section 10. If approved, the following conditions should apply: Planning Report—Lawrence Wenzel (Glen Pond Apartments) June 22, 1999 Page 7 Platting 1. The property shall be replatted. Site Plan 2. The plans shall be revised to decrease the number of units and/or modify the mix of unit types to more closely satisfy the lot area requirements. 3. The plans shall be revised to provide the full amount of required recreation area and the calculations to document satisfaction of the City Code standard. Gradin 4. A final grading plan shall be submitted which includes grade contour information within 200 feet surrounding the site. Water Quality 5. The development should meet its water quality mitigation requirement entirely through on- site ponding. The plans shall be revised to provide for sufficient ponding area for storm water treatment. Treatment ponds should be constructed to meet the City of Eagan's Detention Basin Design Standards with a surface area and wet volume of at least .43 acres and 1.2 acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basins and the discharge pipes from the detention basins should be extended to the NWL of Pond CP-5. 6. The plans shall be revised to identify the wetland, and to avoid any filling or draining of any wetlands. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of any wetlands also shall be preserved. Utilities 7. The proposed internal water service system shall be looped(connected in two places) to the water main system within Marice Drive. 8. Fire hydrants, spaced in accordance with City standards, should be provided within the development. Access/Street Design - 9. Should the City Council approve the official map, the developer shall resubmit the site plan to accommodate the right-of-way for Northwood Parkway. Planning Report—Lawrence Wenzel (Glen Pond Apartments) June 22, 1999 Page 8 Easements/Rig_hts-of-Way/Permits 10. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building permit approval. 11. The applicant shall comply with the city's Tree Preservation Ordinance. To determine compliance, the applicant will need to submit a tree inventory and preservation plan, for review by the City Forester. Parks and Recreation 12. This development is responsible for a cash parks dedication and a cash trails dedication. Landscaping 13. The landscape plan shall be revised to note that automatic irrigation will be provided for all landscaped areas. The final landscape plan shall be prepared and signed by a registered landscape architect or certified nurseryperson. Building Elevations/Architecture 14. Exterior materials are shall be brick with aluminum siding and fiberglass shingles as shown in the building elevations dated 4/26/99. All exterior surfaces of each building shall be treated as a front and with the same architectural materials. Storage Space 15. The applicant shall provide to the City the information necessary to confirm that the standard for minimum storage space per unit is being satisfied. Lighting 16. Final plans shall include a photometric site lighting plan which shows the footcandle levels of lighting at the property boundaries. Such lighting shall comply with the performance standards in the City Code. Trash Storage 17. Any outside storage of trash and recyclables must be within proper containers and the containers must be located within an enclosure which meets City Code standards. I Eagan Boundary Location Ma Streetenterlln. Parcel Area i ®Building Footprint 110 In ti �� wig, �+ ♦ ■IF •awavw e°°° ® i � ® f ' t I � s Sub'ect Site Y O i —Malmn, Mae. S al Y b . 1000 0 1000 2000 Feet Development/Developer: Glen Pond 2nd Application: Preliminary PD v�? Case No.: 10-PD-01-05-99 Map pi spar d udn0 ER9 AtVlew 11.Parcel base nap Irtorwation provided N by Dakoh Cotaty,Land Survey Depannant and Is current as d PpAI 1999. City of Eagan ► ' THIS MAF IS INTENDED FOR REFERENCE USE ONLY E Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information and aro not responsible for errors or omissions. Zoning and Comprehensive Guide Plan Glen Pond 2nd Land Use Map 10-PD-01-05-99 Zoning Map R-1 R-3 A Current Zoning: R-4 5 R-4 1tD a Y � ti► Residential Multiple N PD d Ls RD Gs 1 )0 ►D PD / Imo\ CWM R.. {ee a N• 12N F..t 1,' I `� l I Comprehensive Guide Plan CA WAT Land Use Map P o-m war CA t a CA Current Land Use Designation: is s � CA z 0 Central Area CA CA CA Ne • Ne uN F•.t • ' ` • ' N ►.te.l baN IIuP htbreuaoa pe.IdN by G•kota my LSM itr..y D.F.rhw.rtt VS!•{. Z..I.q k f.t'..G..p vid d by LSVFt.sc.G-w 19§4..d SFdat.d by City etan. 41k-city of Eagan 2E / THIS MAP IS INTENDED FOR REFERENCE USE ONLY w + Owirrx"ryDEVetcIon1BIK Depw&nw* The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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' [ ► I1,ii`l [ 11111 ;{ '�� ; ,1�;E � ;r �l,�;ik���4 {� i i i [�(,; tI ,i�i�c6t�'il l l fi -3' EXISTING CONDITIONS MOOT A°D°ROAD I I J x m e = w � I I g J I • / \ R ifMproww cower — i \ \ _ I F \ 11 ITI ru f i eral etcz z air t J � 1 ;[ X- DRtMTATS 4744 Mrs ft" LEN POND PHASE II (PUD) erAwoaaac"* 144rDpTA � 1 1 nasn� SITE PLAN r 'I - SII a 1 Ci) I .$ �}� �•� � ;� � � �* � I����' � alb . ,.,r, +! a a PRELIMINARY GRADING/DRAINAGE ► i `fes I all g s1 zm alis // I all cep ® ~ € { CG Q ;sas t sec:hp, .r• � is >z s�ti s at, P v !;� Awn, LANDSCAPE PLAN N L .• i B B B t7 e < m E ' I i I - a,LL Ei IS B -- � I B B 1!!; Illi ili;il' �j, EFEF� B B i. i dd j ' S � I r El H L L 3 i f[TIMIOM SLBWM Mf ,GLEN POND PHASE II (PUD) ;wowTlCTw 5 I pwMaf:L—..—warm • °o oam.awTa .a .of N woo°auar,rwruora u�s� p f, 1 1e�011M.waMlfOTa IMiI lta.un � ELEVATIONS Agenda Information Memo September 7, 1999 Eagan City Council Meeting E. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING- MINNESOTA VALLEY TRANSIT AUTHORITY ACTION TO BE CONSIDERED: ➢ To approve a Comprehensive Guide Plan Amendment that would establish a CA, Central Area Land Use Guide Plan designation upon 4.5 acres of existing I-35E right- of-way located south of Yankee Doodle Road and between Pilot Knob Road and I- 35E in the northwest '/4 of Section 15. ➢ To approve a Final Planned Development(rezoning from undesignated to PD, Planned Development) to allow the establishment of a mixed use, retail and transit facility upon 4.5 acres of existing I-35E right-of-way located south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the northwest '/4 of Section 15. FACTS: ➢ At the August 17, 1999 Council meeting action on this item was continued at the applicant's request to the regular meeting of September 7, 199% ➢ The existing"Park and Ride"has operated in its present location since the mid 1980's and provides a total of 293 surface parking spaces. ➢ According to the applicant, the existing"Park and Ride"lot is consistently parked at full capacity. More specifically, ridership has increased at a rate of six to eight percent each year the Park and Ride has been in service. In conjunction, with the proposed parking expansion, the MVTA has also proposed to offer retail services to riders. ➢ As highway right-of-way, no specific land use guide designation has been established for the subject 4.5-acre property. The requested guide plan amendment is necessary to establish a basis to rezone the property and ultimately allow development. ➢ In June of 1998, the MVTA presented a two phase, conceptual development plan to the Council at a workshop that included a 1,800 square foot transit station, 15,000 square feet of retail space and increased site parking (from 260 to 456 stalls) including a parking deck. ➢ The current proposal is for a single-phase development that will include a 1,000 SF transit station, 15,000 SF retail, and 909 parking spaces (surface and two level parking ramp). ➢ At their regular meeting on July 27, 1999,the Advisory Planning Commission recommended approval (on split vote) of the Comprehensive Guide Plan Amendment and Rezoning. ISSUES: ➢ Dissenting votes were primarily due to introducing retail uses to the site and concern regarding competitive advantages. Discussion occurred regarding suitable retail uses and whether or not it would be appropriate for the PD define specific allowed uses based on providing retail/service convenience to the transit riders. ➢ At the public hearing, the APC suggested the following changes to the conditions of the staff report: 6. Change to specify that a zero lot line parking deck setback from the I-35E right-of-way is acceptable. 7. Stipulate that the proposed retail parking supply(68 stall) is acceptable. 17. Delete in its entirety(related to the "competitive use"issue). ➢ The applicant is requesting the Council amend condition#10 to allow for an additional pylon sign(see attached letter). ATTACHMENTS (5) Staff traffic report,pag&41-0nger_ fin licant narrative/response to questions raised at the August 17, 1999 CC meeting,pagethrough 4100 utes of the July 27 1999 APC meeting,page through /OY Staff report,page izthrough Applicant letter regarding signage,page hrough .� D _ city of eagan MEMO TO: Mayor and City Council %Thomas L. Hedges, City Administrator FROM: Thomas A. Colbert,Director of Public Works DATE: Sept. 3, 1999 SUBJECT: MVTA Park and Ride(Yankee Doodle/Pilot Knob) Traffic Impact analysis Recently, the City Council has expressed some interest in the potential impact that the traffic from proposed expansion of the MVTA's Park and Ride Facility will have on the current and projected traffic along Pilot Knob and Yankee Doodle Roads. The Park and Ride Facility will be expanding its capacity from approximately 256 to 900 stalls accommodated by a multi-level parking structure and a 15,000 square foot retail facility. A detailed traffic analysis study has not been authorized to evaluate the impact for this proposal. However, the City's consulting engineering firm of SRF Consulting Group Inc. has provided some basic background traffic information that is summarized in the attached letter for the Council's information. Here are some of the basics: 15,000 SF retail will generate approximately 60 trips during the am peak hour with about 60% "captured" by the Park and Ride users resulting in a net of 36 trips during the peak hour (Peak hour = the highest 4 consecutive 15 minute periods). The estimated Average Daily Traffic (ADT) is 644 trips of which 60% is again considered captured resulting in a net of 386 ADT additional trips onto the adjacent roadway system. The 840 +/-transit stalls will generate approx. 4.5 trips per stall according to the Institute of Traffic Engineers Manual (2,000-3,500 +/- ADT) depending on how many trips are "Kiss and Ride"vs. Park and Ride. The year 2020 traffic volumes for Yankee Doodle Rd. east of Pilot Knob Rd. are estimated at 41,000 ADT and for Pilot Knob Rd. south of Yankee Doodle Rd., they are 45,000. On such short notice we were unable to evaluate what benefits or detriments might result from any modifications to either of the entrances to the Park and Ride Facility of Pilot Knob or Yankee Doodle Rd. We will be happy to provide whatever additional information may be of interest to the Council if so requested. Respectful y submitte , Director of Public Works Enc. SRF Report 9/ SEP-03-1999 -FRI 1154 AM FAX N0. P. 02/03 CONSULTING G ROUPr INC . TransportiltlOn Cavil ■Structural ■Environmental ■Planning ■Traffic■Landscape Architecture •Parking;' �^ SRF No. 0993563 MEMORANDUM TO: Totll Colbert, P.E'., Director of Public Works CrrY of EAGAN FRUIvi: Ferrol Robirlsotl, Senior Vice President. l'ransportation Planning Jeff Bednar, Senior Traffic Engineering Specialist DATE: Septenlber 3, 1999 SUI;JEC f: MVTA PARI:& 1Z.tI)E r,XPANYON TRAFFIC IMPACTS/PRELIMINARY REVIEW As you requested, we have completed a preliminary review of the subject lurk-and-ride expansion at Yankee Doodle PZoad and Pilot Knob Road. Based on this review, the following comiYlcnts are offered for your consideration. Park-and-Ride Trip Generation Estimates Based cln the: proposed 841 parking spaces and 15,000 square feet of retail building space, the proposed park-and-rile expails,ion could generate trips as follows: 841 parking spaces: 1,692 daily trips (1()w end of range) 3,794 daily trips (high end of range) Trip generation varies significantly depending on level of "kiss-and-ride" droll off/pick up activity. 15,000 square fent retail space 644 daily trips adjusted for captured trips at 60% 258 daily trips (net) 'f'otal hark-and-ride plus retail space new daily trips is estimated at between 2,000 and 4,000 daily trips. ()Ile Carlson Parkway North, Suite 150, Minneapolis, NIN 55.147-1443 Telephone (612) 475-0010 § Filx (6-12) 475-2.129 ■ ilttp://wjvw.srfconsul6119.Coll, — ~--� M Fqual opporturiily FmWoyer SE:P-03-1999 FRI 1155 AM FAX N0. P. 03/03 Tnnt Colbert - 2 - September 3, 1999 Adjacent Street Traffic Levels The adjacent street average daily traffic levels at the suUjeci site are as follows: Average Daily Traffic by Year c_ "_ Ad_ ani cent.Street Sccment 1996(=) 27 2020 Yankee Doodle Road 20, 00 41,000 Pilot Knob Road 19,000 45,000 (1)Bawd on 1996 Mn/DOT-t'raffic blow Map P) 1999 City of lagan Transportation t'[an Forecasts Potential Site-Generated Traffic Impacts Rased on the park-and-ride expansion trip generation estimates and the adiacent street traffic levels, the additional park-and-ride generated traffic would represent an increase in cxisting (1990 tral'1ic levels of bctweca l0 percent and 20 percent. 'fhc future site-generated component would comprise between 5 percent to 10 percent of the adjacent street future (year 2020) average daily traffic. Park-and-Ride Site Access on Yankee Doodle Road A concept to modify the Yankee Doodle Road site access to allow for a westbound left-turn into t1w site has been identified. During the design review process for the recent Yankee Doodle Road irtiprovcmctlt project, Dakota County identified the subject site access as problematic as a "full" access. The county's concern was based on the high traffic volume and density of traf7ic in the arca and traffic congestion and safely issues. i3e(*ore the county would permit the construction of a westbound left turn into the subject site, a marc rigorous traffic analysis and evaluation would need to be completed of the park-and-ride exp:i)sion project related to this site access. Should you have any questions or comments concerning this preliminary review, please contact us. FOR/3 RB/Sllif n;rriinxs doc �'3 612 339 7433 612 339 7433; Sep-1 -99 14:10; Page 2 Sent By: LSA Design, Inc. ; L S A D E S Memorandum I G To: Mike Ridley From; James B. Lasher Project: Eagan Station Subject: Additional Project Information Date: September 1, 1999 i As a result of our last City Council meeting,Beverley Miller has asked me to prepare this memo to outline some additional information we would like to provide to you and the Council as part of your consideration of this project. Since the City Council meeting, we have met with Council members and business owners,to discuss concerns with the Eagan Transit project. The following are responses to issues that have been raised: 1. Taxes rrently non-taxable This project will return culand to taxable. The new estimated yearly property taxes for this retail development is between$60,000 - $75,000. The developer, not MVTA, will pay these property taxes. 2. Retail Uses It is our intent to limit the uses at this station to typical convenience retail uses as j described in your zoning documents. We will agree to not allow liquor sales, or any use requiring a liquor license, on the site. We have attached a list of uses that we will agree to not allow on the site. The uses, which are proposed for this site, will provide conveniences for our passengers as well as create daylong traffic for the site. Daylong traffic has proven extremely helpful in deterring vandalism at similar transit stations. In their recently adopted Strategic Plan, MVTA will continue to seek out publiciprivate partnerships to help offset costs to local tax payers. MVTA and the�oetaid thisrwill s to fo$rexpans on of localus nesses. ree to work through the local Chamber of Commerce promote 3. Shared Parking(Events Programming We understand that the City is about to purchase property north of our station for a future city park. As part of this proposal,onds o the city wishes to 0 parkingffer the . Thiof s park and ride site on evenings and ark and add another will allow the city to reduce their land needs at the new p community-based use to the site. MVTA would also like to participate with the LSA DeipPn.Ina 250 T eirdArc X $pity 680 Minn"PoTet,5!N 55001 Pagel reL- 612-339.8729 Far:612.339.7033 I 612 339 7433 Sent By: LSA Design, Inc. ; 612 339 7433; Sep-1 -99 14:10; Page 3 I I City and area businesses in programming this site for cultural and spurting event transportation. MVTA, as pari of its service to the community,can arrange for bus transportation to events such as the State Fair,Twins/Vikings/Timberwolves games, museums, and art fairs. City residents would use the park and ride station, pick up an MVTA bus and ride and return from the event. This service could be programmed in conjunction with the Chamber of Commerce or another community organization. 4. City Center/Architectural Image We also understand that the city is about to begin work on a series of strectscape improvements in our project area using the theme established on the Yankee Doodle Road/1-35E Bridge. MVTA agrees to use similar fixtures and ornamental fencing as part of this project. Also, in an attempt to create a"Downtown" image, MVTA proposes to add a clock-tower to the corner monument sign (Yankee Doodle Road/Pilot Knob.Road) currently shown on our plan. We propose to work with council and staff to design the tower which will reflect the "Eagan Central"theme and to incorporate the "City of Excellence" logo into our signage. 5. Security MVTA has installed active security camera-, in three of its most recent transit station development projects. This project will also have security cameras in the deck as well as glass-breakage and forced-entry sensors. MVTA currently works with a private security company to respond to these alarms. Additionally,MVTA would welcome input from the City of Eagan Police Department regarding safety and security measures for this project. i 6. MVTA Ridership In the first six months of 1999, MVTA has carried more passengers than in the entire year of 1991 (851,000 vs. 820,000). Ridership between 1997 and 1999 has increased at a rate that equals all ridership increases in the first 6 years of operations for MVTA. This tyre of expansion in ridership continues based on park and ride capacity. After the opening of both the Apple Valley Transit Station and the Burnsville Transit Station,bath facilities are now full. Currently, the majority of riders from this site are Eagan residents. 7. Park and Ride Reduction The site plan reviewed by the City Council proposed 909 parking stalls; 841 park and ride stalls and 68 retail stalls. We agree to increase the size of the park and Tide stalls from 8' - 6" to 9' in width. This will reduce the number of Park and ride stalls by 7%, apprgximately 60 stalls, for a total of 781 park and ride stalls. There were 290 park and ride stalls and with the current grading and restriping of LM Design,FYee, 50 Third Ave-8_ suire 600 Minneapolis,MN 1�34U1 i :rel: 612339.8729 Page 2 :Fax:612-339.U33 s G12 339 7433 Sent By: LSA design, Inc. ; 612 339 7433; Sep-1 -99 14:10; Page 4 the lot there will be 477 park and ride stalls. The proposed parking deck will increase the number of park and ride stalls from 477 stalls to 841 stalls. 8. Cedarvale Redevelopment initiative MVTA, as part of their overall system planning, will work with the city to develop a future transit facility at this location. The development of this project does not preclude Cedarvale in any way. Conversely, the continuous enhancement of mass transit within the TH77 and 1-35E corridors, such as Fagan Station, will bring a more positive f vus on the effects of transit, more frequent service,more comfortable and secure passenger environments and an overall enhancement to the image of transit. 9. Employment Opportunities MVTA, in its efforts to assist the City of Eagan's Major Employers, has taken on the initiative of developing a"reverse-commute" service plan based at the Eagan Station. Over the past 18 months,MVTA has met with Northwest Airlines, West Publishing, and UPS, ITS Bulk Mail, and Owobopte Industries, to begin developing a reverse-commute service with buses returning from downtown express service to the Eagan Station. Shuttle buses,owned and operated by local businesses, will pick up employees and transfer them to their corporate campus. This service will provide an enhanced employee-base for Eagan businesses as well as reduce congestion through transit services. 10-Traffic Impacts We have requested a copy of the Yankee Doodle/Pilot Knob Feasibility Study from city staff to initiate a traffic impacts assessment or this site. Park and ride use is much different from normal parking/traffic uses. Traffic flow to the site is based on bus service. Generally, this site will receive 8 to 12 minute service each AM and PM peak. This translates into a dispersed traffic impact, unlike a uscyr with defined start times like a single employer, a movie theater, or a sporting event. With this type of traffic movement, we are confident that the additional trips to this station will not produce a significant impact on local traffic. 11. MnDOT/County Coordination We have been working with Dakota County and MnDOT to insure a.Spring 2000 construction start of the new HOV access lane at the Pilot Knob/1-35E interchange and an expansion of the exit ramp from I-35E onto Pilot Knob Road. Currently, this exit backs up in the morning rush hour. MnDOT will be constructing a second lane for this exit that will help alleviate this current condition. In the near future when the Lexington Avenue Bridge is upgraded, this LSA Design,Inc. facility will be available to MnDOT to add transit service to mitigate construction 2SO Third Avg N_ Suite 600 MinnWntix.MN 55401 Tel: 611.339-8729 Pwtr 3 F'ax:612.33 V.?433 I, 612 339 7433 Sent By: LSA Design, Inc. ; 612 339 7433; Sep-1 -99 14:11 ; Page 5/8 traffic problems. This concept worked very well with the rCCCrIt Mendota Bridge Project. 12. DARXS and Metro Mobility Currently, these two providers are transferring passengers at a local fast food restaurant. Having access to a comfortable transit station and as some retail amenities will provide a much-needed upgrade to this service and allow for efleetive and efficient use of public transit funds. Plcasc review and attach these amendments to our PUD submittal package to the City Council. l will present these changes and clarifications at the September 7 meeting. cc: Beverley Millcr—MVTA JoAnn Olsen—LSA File C:',,95-221083199MRidley.mem.doc I i I I I I i LSA Dajgn,Inc. 2,50 Thled Ave ,ti' Suite 600 Allnneapald.MN 554VI Tel: 612.339.8729 Page 4 Fay:612.339.7433 I 612 339 7433 Sent By: LSA Design, Inc. ; 612 339 7433; Sep-1 -99 14:11 ; Page 6/8 L S A D E S I G a Memo Date: August 31, 1999 To: Mike Ridley From: Jim Lasher Project: Lagan Transit Station Subject: Permitted Uses MVTA is agreeing to not permit the following uses to be located at the Eagan Transit Site: 1. Any establishment requiring a liquor license. 2, Department Stores. 3. Junior Department Storey. 4. Hardware. $. Theater. 6. Small vehicle or boat sales. 7. Amusement Rooms. 8. Health and Sports Clubs. 9. Garden Store. 10. Motel or Hotel. 11. Multiple Dwelling Complex. 12. Public Utility Tower. Cc: File LNA Ik7ign,Me. 250 Third Ave.N. .wile 600 lflnneapolis,?kf.�` 55401 Tel: 612.3,39 8729 Page 1 Fax:612.339 7433 612 339 7433 Sent By: LSA Design, Inc. ; 612 339 7433; Sep-1 -99 14:11 ; Page 7/8 BAKER PARTNERS COMMERCIAL REAL ESTATE Interchange To+Wer,Suite 1970 600 South Ilighway 169 Minneapolis,MN 55426 Telephone 612-513-1212 Telcuopier 612-545-1510 August 24, 1999 I Ms. JoAnn Olsen LSA Design 250 Third Avenue North Suite 600 Minneapolis, MN 55401 RE: EAGAN TRANSIT Dear JoAnn: As discussed, 1 have reviewed the uses which would be permitted under our requested zoning and I have noted the uses that we could agree to delete. In addition, we would agree to specifically exclude any "sit-down' restaurant with a full liquor license/bar. We have no interest in being competitive with Al Baker's. The type of food uses we anticipate for this type of project are things like a sandwich shop, bagel shop, coffee shop, Chinese, pizza, etc., rather than a "restaurant." I would also note the following: 1. The retail portion of the development would pay property taxes. Until it is assessed, we don't know what these taxes would be, but comparable retail projects pay taxes of$4.00 to $5.00 per square foot, or $60,000 to $75,000 per year. 2. The retail use at the site should greatly improve the aesthetics of the development in two ways: (a) by breaking up what would otherwise be a large, plain monotonous facade and adding some architectural interest, light and color; and (b) by providing some income that allows the Transit Authority to afford some architectural upgrades that would otherwise not be possible. I 612 339 7433 Sent By: LSA Design, Inc. ; 612 339 7433; Sep-1 -99 14:11 ; Page 8/8 I Ms. JoAnn Olsen August 24, 1999 Page 2 3. Retail uses at this site should benefit the existing retail on the west side of 35E, by bringing some business activity and synergy to that side of the highway and somewhat lessening the focus or reliance customers currently have on the east side of the highway- 4. The types of retail uses we anticipate for the bulk of the development really will increase the convenience of the transit riders and reduce the need for them to leave the lot and drive throughout the other projects, thereby reducing turning movements and traffic congestion. j5. We are happy to promote this project to retailers already based in Eagan who may need to relocate or add an additional store Q would note that there is almost no vacancy in the Towne Center area, making it very difficult for Eagan retailers who may need to expand or would like the opportunity to move to a higher profile location. At least one local retailers I am talking to has voiced this complaint - he can't handle the business he has, but there isn't another space that he can move to without moving out of the area-). To facilitate this, I would suggest we have a meeting with the Chamber to discuss how to make its members aware of the opportunity if they are interested. Please call if there are any additional questions. I Si ely, William J. Baker WJB:pmr I i i I I Page 10 July 27, 1999 ADVISORY PLANNING M^IISSION �Lr� COMPREHENSIVE GUIDE PLAN AMENDMENT & REZONING - MVTA Chair Heyl opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment that would establish a CA, Central Area Land Use Guide Plan designation upon 4.5 acres of existing I-35 E right-of-way located south of Yankee Doodle Road and between Pilot Knob Road and 1-35E in the Northwest '/. of Section 15. In conjunction with the Guide Plan Amendment, the applicant has also requested approval of a Preliminary Planned Development (Rezoning to PD, Planned Development) to allow the establishment of a mixed use, retail/transit facility upon the subject property. Approval of the requested Preliminary Planned Development will simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated July 21, 1999. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Chair Hey] noted in the record a letter received from Al Baker in opposition to the proposal and specifically the height of the parking structure, the additional traffic and the retail component for the proposed site. Jim Lasceher of LSA Design represented the applicant. Mr. Lasceher explained the history of the site and the process of acquisition from the State of Minnesota. In response to a question from Chair Heyl, Mr. Lasceher indicated that the applicant hopes to work out any issues with the encroachment through its acquisition from the State. Mr. Lasceher stated that the proposed retail uses on the site would be potentially convenience items for the users of the Park & Ride, video, postage, coffee. Mr. Lasceher indicated that savings could be generated on the site with respect to the shared parking arrangement and the control of the management of the parking by the MVTA. Members expressed their concern over the 8-foot 6-inch stalls which the applicant explained are common at the airport in downtown Minneapolis. Additionally in response to a question by Member Segal, Mr. Lasceher indicated that the MVTA would propose to sell off the pad for the retail development on the site and that a developer would then lease the retail area to tenants. Chair Heyl closed the public hearing. Member Anderson inquired as to the impact of the site as a result of proposed light-rail transit and the applicant addressed this item. Further, in response to other questions from Members the applicant outlined the design of the parking structure and reviewed the elevations for the buildings. 6 V� PaSc 11 (� - July 27, 1999 ADVISORY PLANNING COI`MESSION 1- _. _ L Chair Heyl explained that the uses appeared to be consistent with the area and that the retail was for the convenience of the park and ride users. Chair Heyl then reviewed several of the conditions noting her concerns. Member Segal stated his objection to the proposal in that he did not believe that a retail component is consistent with the use of the property as public facility as quasi-public. Member Segal noted that while there is a need for parking, the proposal should be modified to not allow the right-of-way to be used for landscape screening. Member Segal reiterated that while the parking component seems to be consistent with the need for the area, he does not believe the retail component answers a public need to be placed on public property. Member Segal further stated that the introduction of a retail building on the Park & Ride site is inconsistent with providing parking stalls. Member Anderson moved, Member Frank seconded, a motion to recommend approval of a Comprehensive Guide Plan Amendment that would establish a CA, Central Area Land Use Guide Plan designation upon 4.5 acres of existing I-35 E right-of-way located south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the Northwest '/. of Section 15. All voted in favor, except Members Miller and Segal opposed. Member Anderson moved, a motion to recommend approval of a Preliminary Planned i Development (Rezoning to PD, Planned Development) to allow the establishment of a mixed use, retail/transit facility upon the subject property. The motion died for lack of a second. Member Frank moved, Member Steininger seconded, a motion to recommend approval of a Preliminary Planned Development (Rezoning to PD, Planned Development) to allow the establishment of a mixed use, retail/transit facility upon the subject property, subject to the following amended conditions: 1. The Metropolitan Council shall approve and the City Council shall implement the requested Comprehensive Guide Plan Amendment. 2. The subject property shall be platted. 3. Prior to development activity occurring on site, the applicant and/or developer shall enter into a Planned Development Agreement with the City. 4. The following exhibits shall be required for the Final Planned Development Agreement. • Final Site Plan • Final Landscape Plan • Final Building Elevations and Signage Plan • Lighting Plan Page 12 _ w July 27, 1999 •�� ADVISORY PLANNING CONMSSION 5. The City finds the proposed zero lot line setback (for the off-street parking area) from Pilot Knob Road to be acceptable. If determined to be acceptable, the following conditions shall apply: A. The applicant shall provide proof to the City that the County is agreeable to the placement of landscaping and fencing within their right-of-way. B. Prior to final plat approval, the MVTA shall provide a screening plan that responds to the possibility of County road improvements necessitating the removal of screen plantings. 6. A zero lot line is an acceptable parking deck setback from the 1-3 5E right-of-way. 7. The 68 parking stalls as proposed is sufficient to satisfy the parking requirement for the retail space. 8. All retail parking spaces shall be signed and reserved for use by retail patrons. 9. All mechanical equipment (rooftop of ground mounted) shall be screened from view of public rights-of-way. 10. All City Sign Code requirements shall be met. 11. All site lighting shall be hooded to deflect light away from adjacent properties and public rights-of-way. 12. The MVTA shall be responsible for the extension of sanitary sewer across Pilot Knob Road (County Road No. 31)to serve the proposed retail buildings on the site. The MVTA shall be responsible for obtaining the necessary permit approvals from Dakota County for this construction. 13. The MVTA shall include the parking area encroachment within the proposed plat. 14. The MVTA shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building and grading permit approvals. 15. The applicant shall pay a cash dedication of$17,500 in satisfaction of the City's water quality requirements. 16. The area of the subject site devoted to retail uses (building and supportive parking) shall be subject to a cash parkland dedication of$3,376 per net acre and a cash trailway dedication of$920 per net acre. 10.E Page 13 July 27, 1999 !� ADVISORY PLANNING CM^USSION ~" L� Discussion occurred with respect to the type of uses for the retail area. Member Anderson moved, Member Steininger seconded, to amend the main motion to modify Condition No. 17 to read as follows: 17. That the uses for the proposed retail area be convenience uses for the Park & Ride user and not destination oriented. Two Members voted in favor, five opposed the motion to amend. Four voted in favor of the main motion, Members Segal, Miller and Anderson opposed. /V PLANNING REPORT CITY OF EAGAN REPORT DATE: July 21, 1999 CASE: 15-CG-03-04-99 15-RZ-06-04-99 15-FP-05-04-99 APPLICANT: LSA Design HEARING DATE: July 27, 1999 PROPERTY OWNER: MVTA PREPARED BY: Bob Kirmis REQUEST: Comprehensive Guide Plan Amendment and Preliminary Planned Development LOCATION: South of Yankee Doodle Road between Pilot Knob Road and I-35E (NW t/4 of Section 15) COMPREHENSIVE PLAN: No designation (I-35E right-of-way) ZONING: No designation (I-35E right-of-way) SUMMARY OF REQUEST The Minnesota Valley Transit Authority(MVTA) is requesting approval of a Comprehensive Guide Plan Amendment that would establish a CA, Central Area Land Use Guide Plan designation upon 4.5 acres of existing I-35E right-of-way located south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the northwest '/4 of Section 15. In conjunction with the Guide Plan Amendment, the applicant has also requested approval of a Preliminary Planned Development(Rezoning to PD, Planned Development) to allow the establishment of a mixed use, retail/transit facility upon the subject property. Approval of the requested Preliminary Planned Development will simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment The City's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to &S_ Planning Report—MVTA-Guide Plan Amendment July 27, 1999 Page 2 time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. 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." BACKGROUNDIHISTORY The subject 4.5 acre property currently exists a"Park and Ride Lot"within excess I-35E right-of- way. According to the applicant, MnDot transferred ownership of the site to the MVTA in January of 1997. The applicant has further indicated that the existing"Park and Ride" lot is consistently parked at full capacity. More specifically, ridership has increased at a rate of six to eight percent each year the Park and Ride has been in service. In response to this increasing demand, the MVTA has determined that the existing capacity of the "Park and Ride" should be increased substantially. In conjunction,with the proposed parking expansion,the MVTA has also proposed to offer retail services to riders. In June of 1998, the MVTA presented a conceptual development plan to the City Council that included the following features: • A two-phase development • A 1,800 square foot transit station /D Planning Report—MVTA-Guide Plan Amendment July 27, 1999 Page 3 • 15,000 square feet of retail space • Increased site parking (from 260 to 456 stalls) including a parking deck. EXISTING CONDITIONS The subject property is unplatted and overlays I-35E right-of-way. The existing "Park and Ride" provides a total of 293 surface parking spaces (spaces have been added since 1998 proposal before the City). It should be noted that existing parking stalls measure 8'6" in width. The property is currently accessed from the north via Yankee Doodle Road and from the west via Pilot Knob Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Norwest Bank; zoned PD, Planned Development and guided CA, Central Area South - Various commercial uses; zoned CSC, Commercial Shopping Center and guided CA, Central Area East - I-35E West - Various commercial uses; zoned PD, Planned Development and guided CA, Central Area EVALUATION OF REQUEST Comprehensive Guide Plan Amendment As noted previously, the subject property currently exists as I-35E right-of-way. Thus, the property does not have a specific land use plan designation within the City's Comprehensive Guide Plan. To justify the rezoning of the property, the applicants have requested a guide plan amendment which would designate the site CA, Central Area. The CA designation is consistent with both surrounding property use designations and the specific uses proposed on site. Planned Development (Rezoning) The subject site does not presently have a zoning designation as it currently exists as right-of- way. To accommodate a mixture of uses on site and multiple structures, a PD, Planned Development zoning designation has been requested. /O Planning Report—MVTA-Guide Plan Amendment July 27, 1999 Page 4 Approval of the requested Preliminary Planned Development would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. Compatibility with Surrounding_Area- The subject site is bounded on the north and west by commercial uses and on the south and east by I-35E. The site has operated as a"Park and Ride" since the mid-1980's and appears compatible with the area in its present state. Site Plan- The applicant is proposing a single-phase, mixed-use development upon the subject site. The following is a summary of proposed site improvements • Increase transit surface parking from 293 stalls @ 8'-6"to 841 stalls @ 8'-6" (surface and two level parking ramp). • Provide 68 retail parking spaces @ 10'-0". • Two individual buildings • 15,000 SF retail building • 1,000 square foot transit building/parking deck. • Consolidate bus movements into a"bus only" loading area. • Revise the landscaping and setback distances. The site will continue to be accessed via existing curb cuts from Yankee Doodle Road and Pilot Knob Road. The proposed bus turnaround area is located within the interior of the parking ramp and will not be visible from public rights-of-way. Setbacks - While the Zoning Code does not have specific setback requirements for a Planned Development, the CSC, Commercial Shopping Center setback provisions are considered applicable. Although-the proposed structures have been found to comply with the minimum 50 foot setback requirement from adjacent Yankee Doodle Road and Pilot Knob Road, the applicant has requested flexibility (via the planned development) from the following setback requirements: Required setback* Proposed setback Parking area from Pilot Knob Road 20 feet Zero lot line Building (Parking deck) from I-35E 50 feet R.O.W encroachment * Per CSC,Commercial Shopping Center zoning district Note:The parking deck is considered a"building"for setback purposes. The proposed zero lot line parking setback from Pilot Knob Road represents a continuance of an existing site condition. Presently,parking spaces are screened from view by landscaping which exists partially within the Pilot Knob right-of-way. According to the applicant, parking associated with the "Park and Ride" lot will be screened from view of Pilot Knob Road by continuous plantings and an ornamental fence(similar to that which was previously presented to the City Council at the informational meeting)which will lie within County right-of-way. The applicant has indicated that the continued existence of landscaping within the Pilot Knob Road right-of-way is acceptable to the County but they would reserve the right to remove it if roadway /Ds Planning Report—MVTA -Guide Plan Amendment July 27, 1999 Page 5 improvements warrant such action. The acceptability of the proposed parking setback is considered a policy matter to be determined by City Officials. Should the City find the setback to be acceptable, the following conditions are suggested: 1. The applicant provide proof to the City that the County is agreeable to the placement of landscaping and fencing within their right-of-way. 2. Should County road improvements necessitate the removal of screen plantings, an alternative means of screening, acceptable to the City, shall be provided prior to final plat approval. As indicated in the preceding table, the parking deck is proposed to encroach upon the I-35E right-of-way. Regardless of the State's position on the matter, the encroachment of parking areas and structures (i.e. the parking deck) is not allowed within the City. As a result, the subject site should be expanded to eliminate the encroachment or the parking deck should be relocated within the boundaries of the subject site. City Officials should, as a condition of Planned Development approval, make a determination as to an acceptable parking deck setback from the I-35E right-of-way. Plat - As previously indicated the subject property currently exists as excess I-35E right-of-way. Therefore it is necessary to plat the property. The final platting of the property should be made a condition of Final Planned Development approval. Off-Street Parkin Supply: As shown on the submitted site plan, parking spaces devoted to retail use are located along the northern and western boundaries of the site. Park and Ride spaces are provided in the central and eastern areas of the site. In total, 909 parking spaces have been proposed, 68 of which are to be devoted to retail uses. The remaining 841 "Park and Ride"spaces are to exist within a three level parking ramp. The Zoning Code does not have specific off-street parking requirements for Planned Developments. Utilizing the off-street parking ratio applied to retail uses (1 space/150 s.f.) however, a total of 100 off-street parking spaces would be required for the retail use. While the total number of off-street parking spaces provided greatly exceed the retail parking requirement, an insufficient number of spaces have been specifically devoted to retail use. As a condition of PD approval, the site plan should be revised to satisfy the retail parking requirement. This may prompt either a reduction in retail building size. All spaces devoted to retail use should be signed and reserved for retail patrons. A) 9 Planning Report—MVTA-Guide Plan Amendment July 27, 1999 Page 6 Applicable handicap parking requirements have been satisfied. Dimensional Requirements: Generally speaking, the proposed interior traffic circulation system appears well conceived. While the City Code does not establish minimum dimensional requirements for off-street parking stalls, the City has, as a matter of policy, required ten foot parking widths for retail uses and nine foot widths for other uses. Although ten foot widths have been proposed within the retail parking areas, transit stalls measure only 8"-6"in width(the same as currently provided). The acceptability of the proposed parking stall widths is considered a policy matter to be determined by City Officials. Building Height - While the Zoning Code does not have specific height requirements for a Planned Development, the maximum 35 foot CSC, Commercial Shopping Center height requirement is considered an appropriate guideline. At 24' in height, the proposed retail structure height is considered acceptable. The parking deck is proposed to measure 34 feet in height (from grade to the top of its structural columns). However, the"transit station"is shown to measure 41' —8" in height. The acceptability of the transit station"height is considered a policy matter to be determined by City Officials. Mechanical Equipment - As a condition of Final Planned Development approval, all mechanical equipment (rooftop or ground mounted) should be screened from public rights-of-way. Trash Enclosure - Trash handling and recycling receptacles are to be located in the rear of the retail building (within an attached enclosure) and will not be visible from adjacent properties or public rights-of-way. Building Materials - The proposed retail buildings and transit station are to be finished in brick, block(alternating light colored) and glass. In addition, fabric awnings are to be provided for visual enhancement. The parking deck is to be finished in pre-cast panels with an open cable guardrail. To visually enhance the parking deck and provide design cohesiveness,perimeter columns are likewise to be finished in brick. Signage - The subject property is unique in that it is surrounded all sides by public streets. As shown on the submitted site plan, two pylon signs have been proposed on site, one at each entrance. Additionally, a freestanding"business" sign has been proposed at the corner of Yankee Doodle Road and Pilot Knob Road. The pylon signs are to be constructed of materials similar to those utilized on the buildings and are proposed to have a height of 17' and an area of 125 square feet. The proposed freestanding sign measures 7 feet in height and has an area of 125 square feet. �/D Planning Report—MVTA -Guide Plan Amendment July 27, 1999 Page 7 While the proposed height and area of the signs is consistent with City Code requirements, the site is allowed only one pylon sign. In addition, none of the signs meet the required 10 foot setback requirement (from County Road right-of-way lines). In fact, both the freestanding and pylon sign proposed along the site's northern boundary will actually lie within the public right- of-way. As a condition of approval, all signage should satisfy all City Sign Code requirements. Landscaping - According to the applicant, an objective of the landscaping plan is to improve existing site aesthetics. The landscape plan calls for both the transplanting of existing site landscaping and new landscaping. Specifically, the existing berm along Yankee Doodle Road and Pilot Knob Road are to be replaced with a continuous row of street trees (Norway Maples), an ornamental fence, and an evergreen hedge. In recognition of parking deck construction, no plantings within the interior of the site have been proposed. While the proposed landscaping varieties are considered acceptable and should provide an adequate screen for parked vehicles, it is important to note that the landscaping will lie almost entirely within County road right-of-way. Given the possibility that the County may expand one or both of the adjacent roads, the acceptability of this condition is considered a policy matter to be determined by City Officials. Should the City find the proposed landscaping locations to be acceptable, the applicant should provide proof to the City that such encroachment is acceptable to the County. In the event that the County must remove the landscaping due to future roadway improvements, staff suggests that the applicant should be responsible for presently preparing an alternative plan for establishing a means to visually screen parked vehicles. Site Lighting- The site plan does not specify exterior lighting locations. As a condition of approval, all exterior lighting should be hooded to deflect light away from adjacent properties and public rights-of-way. Gradin - The site generally slopes to the south and east. The proposed grading plan for the development will not significantly alter the existing grades on the site. The developer should be responsible for obtaining MnDOT permit approval for grading within I-35E right-of-way. Storm Drainage - Storm water runoff from the site will continue to drain to the existing storm sewer system adjacent to the development. Utilities - Water main is available along Yankee Doodle Road for connection by this development. Sanitary sewer is not however, readily available for connection. This development should be responsible for connection to a sanitary sewer in the boulevard north of the Super America and extend it across Pilot Knob Road (County Road No. 31) to serve the proposed retail building and transit station. The developer should be responsible for obtaining the necessary permit approvals from Dakota County for this construction. Planning Report—MVTA-Guide Plan Amendment July 27, 1999 Page 8 Streets/Access/ Circulation - Public street access to the"Park and Ride" facility will remain at their current locations, one onto Yankee Doodle Road in the northeast corner and one onto Pilot Knob Road in the southwest corner of the site. A portion of the proposed parking area is shown within the MnDOT right-of-way of I-35E. The MVTA should include this area within the proposed plat. Easements/Permits/Right-of-Way- The MVTA should plat the property. The MVTA should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building and grading permit approvals. Water Quality - If the applicant receives funding necessary to construct the proposed "Park and Ride" facility, a water quality cash dedication of$17,500 will be required. Parks and Trails - The area of the subject site devoted to retail uses (building and supportive parking) should be subject to a cash parkland dedication of$3,376 per net acre and a cash trailway dedication of$920 per net acre. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its current location, the Metropolitan Council has adopted a revised Aviation Chapter that anticipates the impacts from continued airport operations at this site. The noise policy contours in northern Eagan place the subject property within Noise Zone IV. In Noise Zone IV, retail uses are consistent. Competitive Commercial Use Issue-In previous consideration of this matter,the City Council indicated that commercial uses upon the site may be acceptable provided they did not"compete" with existing commercial uses in the area. It is the opinion of staff and the City Attorney that the regulation of such activity would be highly problematic. This issue should however,be subject to further discussion by City Officials. SUMMARY/CONCLUSION While the request before City Officials calls for the establishment of a CA, Central Area plan designation (and corresponding PD, zoning)upon the subject property, a determination of most desirable land use is considered a policy matter. Planning Report—MVTA-Guide Plan Amendment July 27, 1999 Page 9 ACTION TO BE CONSIDERED A.To recommend approval of a Comprehensive Guide Plan Amendment that would establish a CA, Central Area Land Use Guide Plan designation upon 4.5 acres of existing I-35E right- of-way located south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the northwest '/4 of Section 15. B. To recommend approval of a Preliminary Planned Development to allow the establishment of a mixed use, retail and transit facility upon 4.5 acres of existing 1-35E right-of-way located south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the northwest 1/4 of Section 15. If approved, the following conditions should apply: 1. The Metropolitan Council shall approve and the City Council shall implement the requested Comprehensive Guide Plan Amendment. 2. The subject property shall be platted. 3. Prior to development activity occurring on site, the applicant and/or developer shall enter into a Planned Development Agreement with the City. 4. The following exhibits shall be required for the Final Planned Development Agreement. • Final Site Plan • Final Landscape Plan • Final Building Elevations and Signage Plan • Lighting Plan 5. The City finds the proposed zero lot line setback(for the off-street parking area) from Pilot Knob Road to be acceptable. If determined to be acceptable, the following conditions shall apply: A. The applicant shall provide proof to the City that the County is agreeable to the placement of landscaping and fencing within their right-of-way. B. Prior to final plat approval, the MVTA shall provide a screening plan that responds to the possibility of County road improvements necessitating the removal of screen plantings. 6. The City shall specify (and the applicant satisfy) an acceptable parking deck setback from the I-35E right-of-way. 7. The Final Site Plan shall be revised such that retail parking supply requirements are satisfied. 113 Planning Report—MVTA-Guide Plan Amendment July 27, 1999 Page 10 8. All retail parking spaces shall be signed and reserved for use by retail patrons. 9. All mechanical equipment (rooftop of ground mounted) shall be screened from view of public rights-of-way. 10. All City Sign Code requirements shall be met. 11. All site lighting shall be hooded to deflect light away from adjacent properties and public rights-of-way. 12. The MVTA shall be responsible for the extension of sanitary sewer across Pilot Knob Road (County Road No. 31) to serve the proposed retail buildings on the site. The MVTA shall be responsible for obtaining the necessary permit approvals from Dakota County for this construction. 13. The MVTA shall include the parking area encroachment within the proposed plat. 14. The MVTA shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building and grading permit approvals. 15. The applicant shall pay a cash dedication of$17,500 in satisfaction of the City's water quality requirements. 16. The area of the subject site devoted to retail uses (building and supportive parking) shall be subject to a cash parkland dedication of$3,376 per net acre and a cash trailway dedication of $920 per net acre: 17. Any condition or conditions the City Council may add regarding the "competitive commercial use" issue raised in initial review of the development proposal. e. 4 -1 OEM l o� -� l . • big.In J -, r: � A q s• ���a I LJ LJ.LJ r'7 r1 r'7 Fill "; V 11, �i� r,R�A LJEJEJEJ �� ���■IJ i.l� 1111/'��� ���� r IF Fir �� 11111 . . . . Application: . •1 1 1 1 1 _ • - Zoning and Comprehensive Guide Plan MVTA Land Use Map 15-CG-03-0499 and 15-RZ-06-0499 Zoning Map B RD PD Current Zoning: `-" "A ' P C . � ROW Right-of-way E& 0 D csc ❑ � � D oaf - c a € ° csc 3 R a /PD aoe • u• 1266 F..t // t❑ n Comprehensive Guide Plan Land Use Map Current Land Use Designation: m m CA o ROW CA Right-of-way � ®i O DDD 7 CA 47 �To € CA 3 GA � CA w6 • w• +bee F« ti ►•FeN kas•A.y kAenaatlewPION y Dakota Ceualy LaM 1rn•y.aP+ruft-M 6/s99. z•aiws U6•mutlow p•v1O•A ay 4wn•nc•oreu�+ss•aw•pAaW sy cm staff. *City of Eaganw E Z� THIS MAP IS INTENDED FOR REFERENCE USE ONLY CwmrxxdfyDeVElop7mWDDpB"ent The City of lagan and Dakota County do not guarantee the accuracy of this information. S i �[ a m cd cd �..� � •1•� w ,a, � � x � w o, � h•�M a _ j4hilu `` yysit t _ tail II'j Z-2 1' -a tt j ; s3 ilk ff -ar kill, ii�Ea=Eaai� f !i ,1 c d.11 _,.!l t O _ y.o.. 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'J � W W c O O 0 W W Y i z } l ��J J a U � Z OV08 BONN 1011d Z LANDSCAPE PLAN =BY.- ! L S A D E S I G .��N Memo Date: August 10, 1999 To: Mike Ridley From: Jo Ann Olsen Project: Eagan Transit Station Subject: PUD Sign Package The Planning Commission approved the proposed PD with a condition that required all signage to meet City Code requirements (Condition#10). The proposed signage meets the City Code requirements except for the following: 1. One additional sign. The City Code permits two freestanding business signs. The proposed PD has three freestanding business signs: two pylon signs and one ground monument sign. The pylon signs are located at the southerly access point and at the northeasterly access point. The ground monument sign is located at the intersection of Pilot Knob Road and Yankee Doodle Road. Since the property has three street frontages,two buildings (one with multiple tenants) and is a PD, we are requesting the City Council amend Condition#10 to permit the addition of one freestanding sign. I have attached a revised site plan that shows the proposed signs. The signs now meet the 10' setback. All building signage will meet City Code requirements. LSA Design,Inc 250 Third Ave N. Suite 600 Minneapolis,MN 55401 Tel: 612.339.8729Fax:612.339.74337433 /C� Page l I IGSTING PROPERTY UNE z 36- E ORNAMENTAL YANKEE DOODLE ROAD PROPOSED'- PARKING FENCE SETBACK FREESTANDING 10' SIGNAGE BUSINESS SICK 5 TRACK 1T " IIT SICK INDICATES RETAIL PYLON PARKING ONLY— TYP ' t • JAM It T PROPOSED BUILDING 15,000 SF. RETNI GN INDICATI S b " t ARKING ETAIL PARKIRAMP ABOVE Ly— TYP Ell • r t tt ENCLOSURE 77 AT Qi MINIMUM SETBACK I O PROPERTY UNE AND SITE REQUIREMENT S ckf � 0' PARKING SETBACK m ' r BUILDING SETBACK 30' — ALONG PUBLIC STREETS OZ I 50' — ALONG INTERSTATE Y 0 - PARKING SETBACK 20' — ALONG PUBLIC STREET TRANSPARENT SCREEN WAIL BUILDING HEIGHT 35' MAXIMUM CONCRETE UNIT PAVERS O PLAZA BUILDING SITE COVERAGE 30% OF SITE MAXIMUM LINE OF ABOVE PARKING RAMP SIGNAGE SETBACK 0' PARKING SETBACK 30' FROM CURB LINE BUS ONLY ROAD PATH CENTER LOOP DETECTOR .i PHASE I CONSTRUCTION PARKING SUMMARY a D L 68 RETAIL SPACES ® 10'-0" (4,5/1000 GSF) (3 ACCESSIBLE STALLS) "V RIGHT TURN—ONLY LANE LEFT TURN/TNROUCH LANE 293 TRANSIT SPACES ® 8'-6" 10' SICNAGE SETBACK (8 ACCESSIBLE STALLS) ENTER—ONLY LANE 548 TWO LEVEL RAMP PYLON SIGN (14 ACCESSIBLE STALLS) ti PROPOSED 100' R.O.W. 7 a TOTAL TRANSIT SPACES= 841 ElasnNc PROPERTY LINE TOTAL RETAIL SPACES= 68 909 TOTAL c .9 I N y SITE PLAN J U Agenda Information Memo September 7, 1999 Eagan City Council Meeting F. CONFIRMATION—RIVERPARK PRELIMINARY PD - BCBSM ACTION TO BE CONSIDERED: To confirm that the refined site layout design is consistent with the originally approved RiverPark Preliminary Planned Development. FACTS: • The RiverPark Preliminary Planned Development was approved by Council action on September 5, 1995. The plan called for four— 100,000 SF office buildings and associated parking. Due to changing business conditions,the first phase of development was delayed. • BCBSM is now prepared to begin Phase I construction of the first office building with occupancy estimated next fall. As part of the company's refinement of their needs, the development site has been reconfigured to create more of a campus feel although the ultimate amount of development and subsequent parking remains consistent with the plans approved in 1995. • The density and scale of the project remain the same as that originally approved with the only substantive change being that the proof of parking area(parking to be provided if the need arises) has been shifted from the rear of the site to structured parking. ATTACHMENTS: • Applicant narrative, page ��� through�. /�9 RIVERPARK OFFICE CENTER BACKGROUND: On September 5, 1995 the Eagan City Council formally approved a preliminary planned development for four new 100,000 square foot office buildings (See Attachment A). At that time, Blue Cross Blue Shield of Minnesota(BCBSM)planned to begin near-term construction on one new building of approximately 100,000 square feet. However, due to changing business conditions for BCBSM in 1996, the decision was made to put any future development on hold until business conditions warranted further expansion. As business conditions continued to improve, BCBSM decided to revisit the development of the Riverpark Campus. Because of a desire to take greater advantage of the views of the Minnesota River Valley and move all potential parking so it is not positioned between future buildings and the river, BCBSM commissioned the redrafting of the master plan previously submitted for approval (See Attachment B). This plan proposes changing the position of the buildings but not the square footage densities of the site as previously approved as part of the September 5, 1995 preliminary planned development approval. At this time, BCBSM is anticipating continued growth from their current employee count of approximately 3,300 employees and on-site contractors within Eagan. Consequently, BCBSM is proposing a new 110,000 square foot building within the Riverpark campus BCBSM Board approval has been obtained to begin construction pending final city approvals on the proposed building (See Attachment Q. BCBSM's Riverpark site of 52.5 acres is located between the Minnesota River and Highway 13 and is bordered by Yankee Doodle Road and Yankee Drive. BCBSM is proposing the future addition of up to three additional buildings totaling 300,000 square feet next to the existing Riverpark building which is approximately 190,000 square feet. This is consistent with the previously approved preliminary planned development. The building is being proposed for immediate construction with completion scheduled for the fall of 2000. Subsequent buildings are not foreseen in the short term(the next three years)but are viable based upon the long term growth plans of BCBSM. The new building of approximately 110,000 square feet would consist of three stories and a basement. Each floor would contain 33,000 square feet of office space and the basement would contain parking, storage, mechanicals and 10,000 square feet of office space. It is understood that the additional 10,000 square feet, instead of the 100,000 square foot buildings previously shown, will impact the size of future buildings. This is a result of the overall planned development requirement to not exceed an additional 400,000 square feet of future office space on the Riverpark site. 130 The new 110,000 square foot building would be designed to accommodate the consolidation of Customer Service Operations between the various functional operations of BCBSM. As a result, it is anticipated that approximately 500 people will be relocated into the building from existing facilities. Vacancies in existing facilities created as a result of this consolidation will be absorbed by existing operations. Parking for the new Riverpark building will be provided for 500 people with proof of parking for an additional 86 people to meet City of Eagan code requirements. The existing Riverpark structure has 717 parking spaces and a total of 3,151 parking spaces are shown on Attachment B for full development of the entire campus in accordance with Eagan code requirements. ACTION TO BE TAKEN: BCBSM has reviewed the new master plan with the city staff several times over the last few months. It has been the city staff's perspective that the new master plan does not present a material change to the previously approved preliminary planned development. As a result, the city staff has asked BCBSM to present the changes to the city council to confirm that the preliminary planned development, as previously approved, continues to be valid. Upon acceptance, BCBSM plans to proceed with submission of final plans requiring approval as a consent agreement item on the agenda. 131 ,Ly}W �- 4aoTC j"Q,56 L L i LJM l '40(m a �� iw ' I � � YKst"aq r fh l { ' \ POND INb &A&A r�tivv0 n c,N rb a I Y/FN�cG'E ORI✓� / E N Z �� • Jl 2 r =� � 1 � 3-1 � r /GhIWA Y Nv. 13 Attachment B ­4�V- - "1 fi. - - --_,• Fes•,., , V E R P PS A K. �'� Fb1EN71 Fit ., �� D ` / •� r\ ITE 4(I SATE FNl-P.Y i i • Minnesota 133 , ISO- �y 40 10 02 a4\ v \ 11 -� \ / l r' SCALE: i Agenda Information Memo September 7, 1999 Eagan City Council Meeting NEW BUSINESS A. CERTIFICATION OF THE PRELIMINARY 2000 PROPERTY TAX LEVY, APPROVAL OF THE PRELIMINARY 2000 GENERAL FUND OPERATING BUDGET,APPROVAL OF THE TRUTH-IN-TAXATION HEARING DATES AND CHANGE DECEMBER 1999 CITY COUNCIL MEETING DATES ACTION TO BE CONSIDERED: 1. To approve the preliminary 2000 property tax levy as follows: City Operations $14,168,200 MVTA Opt-Out Transit 2,110,918 Cedarvale Special Services District 5,000 2. To approve the preliminary 1999 General Fund Operating Budget balanced at$18,200,000. 3. To approve the Truth-in-Taxation hearing dates as follows: 1. Initial Hearing-Monday,December 6, 1999 2. Continuation Hearing-Monday,December 20, 1999 4. To reschedule the December City Council meetings to Monday,December 6, 1999 and Monday, December 20, 1999. FACTS: • The City Council is required by law to certify the proposed levy,proposed 2000 budget and Truth-in-Taxation hearing dates to the County on or before September 15, 1999 for the 2000 payable taxes and budget. • The City Council reviewed the proposed budget at a special meeting on August 31, 1999. • The County will use the certification information to mail Truth-in-Taxation notices between November 10 and November 24, 1999. • Both the levy and budget will continue to be reviewed prior to final adoption in December. • The property tax levy can be decreased but cannot be increased while the budget can continue to be adjusted after this certification. • The preliminary levy for City operations is$110,501 under the State-determined levy limit. ATTACHMENTS: • General Fund Comparative Summary of Revenues-2000 on page 13 , • General Fund Comparative Summary of Expenditures -2000 on page J32 13I 2000budexp 9/2/99 2000 GENERAL FUND BUDGET COMPARATIVE SUMMARY OF EXPENDITURES 1997 1998 1999 2000 Actual Actual Budget Proposed GENL GOVERNMENT 01 Mayor& Council $ 98,987 $ 101,484 $ 100,400 $ 101,900 02 Administration 660,551 662,583 712,500 752,400 03 Information Technologies 468,830 472,646 532,900 585,900 05 Finance/City Clerk 825,877 851,505 868,400 895,000 06 Legal 332,012 279,986 340,000 346,000 07 Community Development 1,162,960 1,110,732 1,228,100 1,305,500 10 Telecommunications 14,323 24,534 41,300 125,100 Gen Govt Total 3,563,540 3,503,470 3,823,600 4,111,800 PUBLIC SAFETY 11 Police 5,706,153 6,001,221 6,388,100 6,864,600 12 Fire 851,073 962,833 933,300 1,007 100 Public Safety Total 6,557,226 6,964,054 7,321,400 7,871,700 PUBLIC WORKS 21 Public Works Engineering 782,142 910,231 957,300 1,025,800 22 Streets & Highways 1,044,576 1,570,607 1,294,100 1,328,700 24 Central Svices. Maint. 348.147 378,056 385,600 411,400 Public Works Total 2,174,865 2,858,894 2,637,000 2,765,900 PARKS & RECREATION 31 Parks & Recreation 2,042,971 2,214,212 2,367,100 2,514,600 32 Tree Conservation 211,081 277,562 286,700 235,700 Parks & Rec Total 2,254,052 2,491,774 2,653,800 2,750,300 GENL GOVT BLDG MAINT 33 Building Maintenance 464,755 512,255 536,100 590,100 OTHER 42 Contingency-undesignated - 269,700 110,200 Total Expenditures- General Fund $ 15.014.438 $ 16.330.447 $ 17.241,600 $ 18.200.000 136 2000revsum 9/2/99 2000 BUDGET GENERALFUND COMPARATIVE SUMMARY OF REVENUES 1997 1998 E 1999 2000 % Change Actual Actual Budget Budget 1999 to 2000 General Property Taxes $ 10,800,110 $ 11,252,504 $ 11,760,800 $ 12,343,200 5.0% Licenses 146,924 155,347 172,500 156,800 -9.1% Permits 1,038,825 1,065,320 514,000 569,000 10.7% Intergovernmental Revenues 2,280,881 2,925,625 2,125,000 2,268,400 6.7% Charges for Services 1,019,759 1,071,860 725,000 812,100 12.0% Recreation Charges 360,084 391,913 378,500 422,700 11.7% Fines & Forfeits 225,981 182,611 181,000 177,000 -2.2% Other Revenues 622,080 741,846 377,600 385,000 2.0% Program Revenues 673,799 897,560 829,200 884,400 6.7% Transfers 164,727 172,740 178.000 181,400 1.9% TOTAL GENERAL FUND $ 17.333.170 $ 18.857.326 $ 17.241.600 $ 18.200.000 5.6% 1,32 Agenda Information Memo September 7,1999 Eagan City Council Meeting B. REZONING—CITY OF EAGAN ACTION TO BE CONSIDERED: To approve a Rezoning of 6.3 acres from R-4,Mixed Residential to R-1, Single Family Residential located south of Diffley Road and east of Johnny Cake Ridge Road, in the NW 1/4 of Section 28. FACTS: ➢ The subject site is property owned by the United States Postal Service (USPS). The USPS originally acquired the property several years ago for purposes of building a new retail service center. For various reasons, the USPS did not proceed with development of the site. As a result of recent service expansions elsewhere, the USPS has determined that the site in question will not be needed and declared the property surplus. The USPS is now looking to dispose of the property. ➢ While the subject property holds an R-4,Multiple Residential zoning designation, such zoning is inconsistent with the present D-II,Mixed Residential Comprehensive Guide Plan designation and the Low Density Residential designation suggested by the Comprehensive Plan Update. ➢ On June 15, 1999, the City Council directed staff to initiate a rezoning of the subject property from an R-4 to an R-1 designation. The rezoning of the property is necessary to achieve consistency between the City's zoning map and land use plan as mandated by the Land Planning Act. ➢ This item was previously considered by the APC on July 27, 1999. Since such meeting, it was discovered that the application was improperly noticed. While reviewing the APC'S discussion regarding the rezoning of the property at the August Sia meeting, the City Council directed staff to re-notice the application. ➢ At their regular meeting on August 24, 1999,the Advisory Planning Commission held a public hearing to consider the Rezoning and recommended approval on a split vote. i 139 , ISSUES: ➢ On August 12, 1999,the APC held a public hearing for the City's Comprehensive Guide Plan Update. In regard to the subject property,the APC recommended that the subject site be guided for MD,medium density residential use(4-12 units/acre) and that"small lot"single family homes be developed on the site. ➢ On the 12th, a number of Commission Members suggested that perhaps "small lot"single family"or R-2 land use and density upon the site would be more appropriate than to standard single family homes (i.e. 12,000 square foot lots). ATTACHMENTS (3): Minutes of the August 24, 1999 APC meeting,pages�hrough Staff report,pages t through LV / Additional neighborhood correspondence,pages through �Sb /39 612 432 3780 SENT BY: 9- 1-99 16:48 SEVERSON SHELDON 651 681 4694:# 3/20 Page 2 August 24, 1999 ADVISORY PLANMN(i COMMISSION � a PUBLIC HEARINGS REZONING CITY OF EAGAN Chair Heyl opened the first public hearing of the evening regarding a Rezoning of a 6.3 acre, unplatted parcel of land located south of Uiflley Road and east of Johnny Cake Ridge Road from R-4, Mixed Residential to R-1, Single Family Residential. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs plaiuiing report dated August 19, 1999. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Kirmis noted that this item had previously been reviewed by the APC at its meeting on July 27, 1999. Further, the APC had held a public hearing with respect to the Comprehensive Guide Plan designation for the site and had recommended that the subject site be guided for MD (Medium Density Residential Use—4-12 units per acre). Chair Heyl noted that the testimony and material presented to the APC at its meeting on July 27, 1999, were still valid considerations and would be part of the public record forwarded to the City Council. An attorney from Winthorp & Winestein addressed the APC on behalf of the United States Postal Service in opposition to the rezoning. It was stated that there would be significant economic loss to the Postal Service and the City if a rezoning were to occur. It was noted that the property had been zoned R-4 since approximately 1974 and that the Post Office has been willing to work with the City to accommodate needs for the future. A representative of Dominion Acquisitions told the APC that it was under contract to purchase the property. He indicated his surprise with the timing of the rezoning issue and noted opposition to the rezoning. An attorney representing Dominion also addressed the APC and raised the issue as to whether affordable housing was impacting the decision. A representative of EHW Properties, the owner of the parcel immediately to the north, expressed their continued opposition to the rezoning as noted at the July APC meeting. Several area residents spoke in favor of the rezoning, highlighting concerns over density, traffic and noise associated with the present R-4 zoning. One resident spoke in favor of the need to keep a mix of housing available in the City and expressed support for the retention of the current zoning. Chair Heyl closed the public hearing. Chair Heyl reiterated her comments from the July 27, 1999 APC meeting, specifically noting that this area of the City is high in residential density. Chair Heyl affirmed her opinion that the Comprehensive Guide Plan Update is a valid and useful designation for the site and that she 7U 612 432 3780 SENT BY: 9- 1-99 : 16:48 SEVERSON SHELDON- 651 681 4694:# 4/20 Page 3 August 24, 1999 a AllVISORY PLANNING COMMISSION L j] supported the implementation of a zoning category for single-family residences on smaller lots. Chair Heyl further noted that Eagan meets or exceeds the Metropolitan Council's standards for affordable housing. Member Anderson moved, Member Segal seconded, a motion to recommend approval of a Rezoning of a 6.3 acre, unplatted parcel of land located south of Diffley Road and east of Johnny Cake Ridge Road from R-4, Mixed Residential to R-1, Single Family Residential. In response to a question from Member Segal, Planner Kirmis stated that the implementation of the zoning categories under the updated Land Use Plan are being developed and were intended to include lots smaller than present R-I regulations. In response to a question by Chair Heyl, City Attorney Dougherty stated that the present rezoning of the property would need to comply with the existing zoning code and following the adoption of the Comprehensive Cruide Plan Update, the City may desire to rezone the property again to a new zoning category. Member Segal stated that no proposal for affordable housing had been made to the City and that the use of smaller lots on the property may make it more affordable. He noted that the Postal Service could help the City implement affordable housing on the property. Member Tilley suggested that she believed R-2 was more appropriate for the property. Member Steininger agreed, noting that he believed the property should have a higher density. Four voted in favor, Members Tilley, Steininger and Frank opposed. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 1999 CASE: 28-RZ-07-07-99 APPLICANT: City of Eagan HEARING DATE: August 24, 1999 PROPERTY OWNER: United States Postal Service PREPARED BY: Bob Kirmis REQUEST: Rezoning LOCATION: South of Diffley Road along of Johnny Cake Ridge Road in the NW '/4 of Section 28 COMPREHENSIVE PLAN: DI1, Mixed Residential (0-6 units per acre) ZONING: R-4, Multiple Residential SUMMARY OF REOUEST The City of Eagan is requesting approval of a Rezoning of a 6.3 acre, unplatted parcel of land located south of Diffley Road and east of Johnny Cake Ridge Road from R-4,Mixed Residential to R-1, Single Family Residential. The property is owned by the United States Postal Service. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 5 states, in part that the Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY This item was previously considered by the APC on July 27, 1999. Since such meeting, it was discovered that the application was improperly noticed. While reviewing the APC'S discussion regarding the rezoning of the property at their August 3`d meeting,the City Council directed staff to re-notice the USPS application. Planning Report—U.S.Postal Service Rezoning August 24, 1999 Page 2 On August 12, 1999, the APC held a public hearing to the City's Comprehensive Guide Plan Update. In regard to the subject property, the APC recommended that the subject site be guided for MD, medium density residential use (4-12 units/acre) and that"small lot" single family homes be developed on the site. The subject site is excess property owned by the United States Postal Service(USPS). The USPS originally acquired the property several years ago for purposes of building a new retail service center. For various reasons,the USPS did not proceed with development of the site. As a result of recent service expansions elsewhere, the USPS has determined that the site in question will not be needed and declared the property surplus. The USPS is now looking to dispose of the property. While the subject property holds an R-4, Multiple Residential zoning designation, such zoning is inconsistent with the present DII, Mixed Residential Comprehensive Guide Plan designation and the Low Density Residential designation suggested by the Comprehensive Plan Update. On June 15, 1999, the City Council directed staff to initiate a rezoning of the subject property from an R-4 to an R-1 designation. The rezoning of the property is necessary to achieve consistency between the City's zoning map and land use plan as mandated by the Land Planning Act. EXISTING CONDITIONS The property is unplatted and undeveloped. The site contains slightly varying topography and some vegetation scattered throughout the property. The property has access from the west via Johnny Cake Ridge Road. It is important to note that in cases where a property's zoning and Comprehensive Guide Plan designation are inconsistent, the guide plan designation prevails. Therefore, any development on the site is currently limited to residential use at a density of 0-6 units/acre. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Undeveloped; zoned R-B, Roadside Business and guided D-II, Mixed Residential South- Multiple Family Residential; zoned PD, Planned Development and guided D-II, Mixed Residential East - Single Family Residential; zoned R-1, Single Family Residential and guided DI, Single Family West - Single Family Residential; zoned R-1, Single Family Residential and guided DI, Single Family 1y3 Planning Report—U.S.Postal Service Rezoning August 24, 1999 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area- The R-1 zoning designation appears compatible with surrounding uses in the area. Development Plans -A specific development for the property in question has yet to be brought forward. Future development of the subject property shall be subject to applicable City Code requirements. SUMMARY/CONCLUSION The Land Planning Act stipulates that the guided land use and zoning designation of property must be consistent. The rezoning of the property to an R-1 designation would make its zoning into consistenct with its existing Guide Plan designation. Future development will proceed through the subdivision and building permit process and must comply with the performance standards of the R-1 district. ACTION TO BE CONSIDERED To recommend approval of a Rezoning of a 6.3 acre, unplatted parcel of land located south of Diffley Road and east of Johnny Cake Ridge Road from R-4, Mixed Residential to R-1, Single Family Residential. s FE air u A Bill t IMPINM PIP ME �i ���� ©�. [� �t.n�;�� Dom,'�`+r.�'������►���„��► ILI Iff MEM rw wit 04 ... . ... ... Development/Developer. Application: Case No.: 28-RZ-07-07-99 E Zoning and Comprehensive Guide Plan City of Eagan Land Use Map Case No. 28-RZ-07-07-99 Current Zoning: Residential Multiple w all irk Current Land Use Designation: Mixed Residential (0-6 units/acre) V ��nr�I��I� i��r��i�►� _t`V®RW wii .fi � nj i w. 0pr,or tnrrfi'onow RCAC -- S,--46W _ _ -- ---- S • J '2 020-n n � n 030-26 a +• 1 / ow-x• 10 / • ounor. GLOW• 10 21 I `\J. 2x ♦ J 20 S S I , � Z? 23 Y � 3• � 3224 t2.�Ao • °o 24 '� 23 33 {� \ I rs 31 t� .7. to / ' FOR 30 35 CIR. 11 � ` ° SITE 20 27 n r m et r 3 - - 13 , 22 23 �1 2 to 2 x6 i 5Y b + 17 • S •, 4 S 27 y •x 1 +• / 2e ? 2 .S R�OGE F / Oz 30 .t .. � �\ �Ml` US/IV lJS, IN ` ° 2 j J2 S' j r ,n J3 COV[� �\ � ' U N s fHOMA C 4 / I ti 71 -----DR. 42 so o , •• pry �wi�,� a[Ac— _' S 43 OUROr Sc"00L O,Sr u0 1% 'lO0/ / • ' • r ' S•'• 53' TNMALa axt-x OOrrNNG L— >� att 0/EaGw SITE VICINITY 87- 16-98 13 : 56 USP5 A55ET MGMT DENVER ID=383 229 6536 Psi/6 Asst wnag«n•nt FCSTAL SERME c July 16, 1299 Mr. E. J. Van Overbeke City Clerk CITY OF EAGAN �c-- 3830 Pilot Knob Road Eagan, MN 55122-1892 SUBJECT St. Paul, MN 55121-9998 Eagan Branch Site Dear Mr. Van Overbeke: We are in receipt of your letter dated June 18, 1999, concerning our land located on the east side of Johnny Cake Road. I was quite surprised and disappointed with your advising us that you are considering downzoning our land from R-4 to R-1. The Postal Service has been very cooperative with the City of Eagan over the years. As you may recall, we purchased this land for the purpose of developing a new customer service facility for the City of Eagan. However, after numerous concerns were expressed about the location, we developed the facility at its current location. We did this at significant expense but in the spirit of cooperation with the City. Now, after many years, we decide to place the land on the market to recoup our costs and the City of Eagan suddenly decides to downzone only our land. This will result in a considerable financial loss. I wonder why, with all of our past cooperation, and after so many years, the City is choosing to take this action. Why has the City chosen to discourage affordable multi-family housing? Also, I would like to know why the City has selected only our land to be rezoned. I wish to go on record that the Postal Service is in total opposition to this zoning change and expect that there will be no more attempt by the city to downzone our land. Sincerely, ndyl W. Alder Real Estate Specialist Dist: Dave Eales Bob Angleson File x066 E Tugs Ave.Ste 400 (=)Denvw.GO OOZ37-2Qtit Fax(=)220433E RI�I.CER��II usps.yar USPS CORRESPONDENCE _07116 99 18: 40 FAX 612 332 8302 RNKN&\ ®002%005 July 16, 1999 ' VIA FACSIMILE C & Patricia Awada, Mayor Tom Hedges, City Administrator A hojessional Association Mike Ridley, Senior Planner CITY OF EAGAN Attorneys at Lau, 3830 Pilot Knob Road Eagan, MN 55122 DLUCrDL. 012)517.4746 Re: Approximately 6.72 Acre Unimproved Site Located on Johnny Cake Ridge Road ("Property") Dear Mayor Awada, Mr. Hedges and Mr. Ridley: Our firm represents Dominium Acquisitions,LLC,the Buyer under a Purchase Agreement with the United States Postal Service,the owner of the referenced Property. The Property is more precisely defined on Exhibit A attached to this letter. We understand that the Property is currently "guided" D-2 for up to six units per acre, and is currently zoned R-4 for multi-family residential. We further understand that without any significant change in circumstances(other than neighborhood opposition)the City,apparently in direct response to our client's interest in developing the Property consistent with existing zoning,intends to consider "down-zoning" the site to R-1 to allow only single-family homes. My client has expended substantial time, effort and funds to investjgatc the Property and the acquisition and development of a multi-family housing project. Dominium Acquisitions, LLC hereby strongly objects to any re-zoning or modification to the Comprehensive Plan with respect to this Property. My client intends to vigorously take all steps necessary to protest its interests. Sinc , a d E. ' an &o Attachment cc via fax: Armand Brachman / vcd�enw'►owTAvsv.iw.w.� r/ 45451W Center 80 kiah Eighth S"Od ,�finna2polz • 02-2225 T�iephone(612j 332 �'S11 facamile 332 830? E-mail=x*ney @oft.net -' rTTY nF Fa(;ON DAVID KIRKMAN CORRESPONDEN IC'1�ZZ'7CtZn'� _� 07/ 16/99ltl_ 1u rA.\ tllL JJZ bju" K11KMb� {x}003.005 LEGAL DESCRIPTION The subject property is legally deseribod u follows: S•ctlon 28, 2*vwn,thtp 27, Rangs 2J, 18, 27. 25. Parr of wesr Y: of northwest % commending 820.56 fist tail and P01.50 feet south of Morthwest censer, soulhwesterly on current 20,91 feet to point of begilitring conttnurng sovthwesterly on current 166 jeer SJ5D04MJ03 cost 100.97 jest, eat: 386.72 fort to east line, north on sart'line 366 fort, weir 282.76 fort, westerly on current 250.87 feet to point of beginning. l 6123328302 => CITY OF EAGAN TEL=6516814612 07/16' 99 16:41 07 '18 99 18: 40 FAX 812 332 $302 RXKM&ti 2004 '005 .r Lr- iG.1777 G:ypr'1.1 LAX 14111u'1 1'1V. L J4 JUN-10-99 THU 12:47 Ph WELSH COS. INDUSTRIAL FAX Na P. 07 t r 1 t i Vac>xtt bind A 1 t t t + 1 1 • - t _• 1 t �ed Ma s P�h�ote ; 1 ruwa ness ; l 1 r s i I 1 � t j I Pl�IOtO � I i 1 Wbodod Mas I =:. x•11' 1.J� ��._. I Pflynts ac t+Wdet�car Site Play_, B_ IT Z"ORP ILIDM It KNOCKE WALL, tsc. PAGE Z6 IMplipAinp CITY OF EAGAN / TEL=6516814612 07/16'99 16:42 07 , le 99 18: 11 FAA 612 332 8302 RSK.M&N IZ005,005 JUL. io. 17yJ C. Sx'-I LtX,:,11U19 1r..7G/J44 JUN-10-99 THU 12:47 P" WELSH CGS. INDUSTRIA FAX N0, F. 06 ti22t Imam am) • • 4 tam IS far. I • +J , �' lata ....1 � 'tel ��" • •- l� U.S. POSTAL SM:M tn- owworl WILD f' •R is ''• - - / .tip• j i _ .islml_ _T c 42 , p ).toisl taw" t.M low 44 a •` / .i, dw ' ,,._....1 a.■ per) tt,sn a ■ s Plat Msp -� MMTTMNDRo"llt RNOCHM WALL, INC. PAGE 27 6123328302 => CITY OF EAGAN ,TEL=6516814612 07/16'99 16:42 612 Monday.August 23, 1999 10:18.PM To: Eagan Planning Commission From:Len Mathews Page 1 of 1 Len & Diane Mathews 4288 Pintail Court Eagan, MN 55122 Home 651-905-9890 Work 651-687-2885 Aug 23, 1999 Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Reference: Rezoning case # 28-RZ-07-07-99 & 28-RZ-11-08-99 Dear Sir or Madam, We are homeowners in the Mallard Park development and our back yard is immediately across Johnny Cake Ridge Road from the parcels of land which are being considered for rezoning. We strongly SUPPORT the proposed rezoning of these propertys to "single family' home development. We believe the use of the subject propertys for single family homes would be consistent with existing development on three sides of this area. Thank you for the opportunity to provide input on this proposal. Regards, Len & Diane Mathews A 2 * *RECEIVE STOP* * f WILLIAM R. BUSCH ATTORNEY AT LAW 325 CEDAR STREET-SUITE 803 SAINT PAUL, MINNESOTA 55101 TELEPHONE: 16511 222.0781 FAX: (651) 222-4483 July 29, 1999 COPY VIA TELECOPIER TO: 651-681-4612 CERTIFIED MAIL - Z 301 652 935 RETURN RECEIPT REQUESTED City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: EHW Properties - The City' s proposed downzoning from R-4 to R-1 of the 6.3 acre parcel that abuts EHW' s RB Parcel that lies south of Diffley and east of Johnny Cake Ridge Dear Hon. Council Members : EHW Properties has asked my office to protest to you on its behalf the City' s proposed downzoning from R-4 to R- 1 of the 6.3 acre parcel that abuts the southerly boundary of EHW' s RB parcel that fronts on the south side of Diffley and on the east side of Johnny Cake Ridge. EHW formally protested this proposed downzoning when it was considered at the advisory planning commission' s meeting on July 27th. As you will find confirmed by the City' s records - (1) This 6.3 acre R-4 parcel provides a suitable and necessary buffering transition between the intended commercial development of EHW' s RB parcel and the existing low density residential developments that lie to the south of this R-4 parcel . City Council Page Two July 29, 1999 (2) There is a current demand (a purchase proposal) for this R-4 parcel that the Postal Service has on the market for sale. (3) In connection with the completion of Johnny Cake Ridge Road, EHW contributed at the City' s request a 17 foot right-of-way easement over its RB property for the expansion of the width of Johnny Cake Ridge Road to serve the added traffic volume that will be generated by the commercial development of this RB property. (4) The storm sewer and other utility lines serving this RB parcel were sized for its intended commercial development, and were assessed against the RB parcel at the highest (the commercial/industrial) rate. (5) When Diffley Road was widened in 1988 , the full assessed cost of the road widening project for the RB parcel' s frontage on Diffley was assessed against it (some $48,800) because of the road widening' s special enhancement of the commercial developabili.ty of this RB parcel. The City' s proposed downzoning of this R-4 parcel to R-l, will unfairly result in a substantial diminution in the value of EHW' s RB parcel by eliminating the present transition buffering arrangement and, instead, facing the RB parcel ' s develop- ment with the objections of the householders who will be occupying the here proposed R-1 sites. Should the City nonetheless decide to go forward with this proposed downzoning of the R-4 parcel to R-1 , the adverse effect on EHW' s RB parcel can be somewhat reduced by the City' s requiring that a suitably sized berm with appropriate tree and hedge plantings be placed at the north end of this re-zoned parcel so as to provide that type of sound and sight shielding of the R-1 householders from the commercial activities on the RB parcel. In light of the above , EHW respectively urges you to determine that no change in the present zoning of his R-4 parcel is appropriate or just; and, further, that the proposed downzoning 45� City Council Page Three July 29, 1999 of the portion of this R-4 parcel that is adjacent to the RB parcel is barred by estoppel and would constitute a compensable taking as to the RB parcel under the rule affirmed and applied by the United States Supreme Court in Nollan v. California Coastal Commission (1987) 107 S.Ct. 3141 and its progeny. Respectfully yours, William R. Busch WRB/cw CC: EHW Properties Agenda Information Memo September 7, 1999 Eagan City Council Meeting C. REZONING—CITY OF EAGAN ACTION TO BE CONSIDERED: To approve a Rezoning of 8.6 acres from RB,Roadside Business to R-1, Single Family Residential located south of Diffley Road and east of Johnny Cake Ridge Road, in the NW 1/4 of Section 28. FACTS: ➢ While reviewing the APC'S discussion regarding the rezoning of the adjacent United States Postal Service(USPS)property, the City Council directed staff to initiate a rezoning for the subject parcel. On August 3, 1999, the City Council formally directed staff to initiate a rezoning of the subject property from an RB to an R-1 designation. The rezoning of the property is necessary to achieve consistency between the City's zoning map and land use plan as mandated by the Land Planning Act. ➢ While the subject property holds an RB,Roadside Business zoning designation, such zoning is inconsistent with the present D-II, Mixed Residential Comprehensive Guide Plan designation and the Low Density Residential designation suggested by the Comprehensive Plan Update Sub Committee. ➢ At their regular meeting on August 24, 1999,the Advisory Planning Commission held a public hearing to consider the Rezoning and recommended approval on a split vote. ISSUES: ➢ On August 12, 1999, the APC held a public hearing for the City's Comprehensive Guide Plan Update. In regard to the subject property,the APC recommended that the subject site be guided for MD,medium density residential use(4-12 units/acre) and that"small lot"single family homes be developed on the site. ➢ At the APC hearing, a number of Commission Members suggested that perhaps "small lot" single family"or R-2 land use and density upon the site would be more appropriate than standard single family homes (i.e. 12,000 square foot lots). ATTACHMENTS (4): Minutes of the August 24, 1999 APC meeting,pages Z-406mmer' Staff report,pages/, through Len and Diane Mathews correspondence,pa e,�6 William R. Busch correspondence,pages�/`iough,20 612 432 3780 SENT BY: 9- 1-99 16:49 SEVERSON SHELDON 651 681 4694:# 5/20 C17 Page 4 f August 24, 1999 ADVISORY PLANNING COMMISSION �I REZONING CITY OF EAGAN Chair Heyl opened the next public hearing of the evening regarding a Rezoning of a 8.6 acre, unplatted parcel of land located south of Diflley Road and east of Johnny Cake Ridge Road from RB, Roadside Business to R-1, Single Family Residential. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated August 19, 1999. Mr. Kirmis noted the background and history, the Surrounding uses and the existing conditions of the subject properly. Mr. Kirmis specifically noted that the APC at its public hearing on August 12, 1999, recommended that the property be guided for MD (Medium Density Residential Use 4-12 units per acre). Prior to opening the public hearing, Chair Heyl stated that the APC recognized the issues from the first item on the agenda, particularly as those issues related to density and affordable housing and would take the earlier comments into consideration in their deliberations for this parcel. John Wilmus spoke on behalf of the property owner, noting that its legal counsel had forwarded a letter to the City in opposition to the rezoning and asked that the letter be confirmed as being a part of the public record. Chair Heyl indicated that it was. A neighboring resident indicated that he believed roadside business would require unmanageable traffic maneuvering to the site from Johnny Cake Ridge Road. A resident asked the APC to consider a housing mix with commercial development for the area. Chair Hey] closed the public hearing. Member Frank urged staff to review the assessment rates in light of previous assessments levied against the property as noted in Attorney Busch's letter in opposition to the rezoning. Member Frank noted that he believed D-II, Mixed Residential (0-6 units/acre) was more appropriate for the site. Member Tilley echoed Mr. Frank's concerns and thought the property should allow for more density. Member Segal moved, Member Anderson seconded, a motion to recommend approval of a Rezoning of a 8.6 acre, unplatted parcel of land located south of Diffley Road and east of Johnny Cake Ridge Road from RB, Roadside Business to R-1, Single Family Residential_ Several Members stated that a small lot zoning category would be appropriate for this site in conjunction with the earlier agenda item_ Four voted in favor, Members"Tilley, Steininger and Frank opposed. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 1999 CASE: 28-RZ-11-08-99 APPLICANT: City of Eagan HEARING DATE: August 24, 1999 PROPERTY OWNER: EHW Properties PREPARED BY: Bob Kirmis REQUEST: Rezoning LOCATION: South of Diffley Road along of Johnny Cake Ridge Road in the NW '/4 of Section 28 COMPREHENSIVE PLAN: D-II, Mixed Residential (0-6 units per acre) ZONING: R-B, Roadside Business SUMMARY OF REQUEST The City of Eagan is requesting approval of a Rezoning of a 8.6 acre, unplatted parcel of land located south of Diffley Road and east of Johnny Cake Ridge Road from RB, Roadside Business to R-1, Single Family Residential. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 5 states, in part that the Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY While reviewing the APC'S discussion regarding the rezoning of the adjacent United States Postal Service (USPS)property (which was improperly noticed), the City Council directed staff to re-notice the USPS rezoning and also directed staff to initiate a rezoning for the subject parcel. While the subject property holds an RB, Roadside Business zoning designation, such zoning is inconsistent with the present D-II, Mixed Residential Comprehensive Guide Plan designation A60 Planning Report—Wilmus Rezoning August 24, 1999 Page 2 and the Low Density Residential designation suggested by the Comprehensive Plan Update Sub Committee. On August 3, 1999, the City Council formally directed staff to initiate a rezoning of the subject property from an RB to an R-1 designation. The rezoning of the property is necessary to achieve consistency between the City's zoning map and land use plan as mandated by the Land Planning Act. EXISTING CONDITIONS The property is unplatted and undeveloped. The site contains slightly varying topography and some vegetation scattered throughout the property. The property has access from the west via Johnny Cake Ridge Road. It is important to note that in cases where a property's zoning and Comprehensive Guide Plan designation are inconsistent,the guide plan designation prevails. Therefore, any development on the site is currently limited to residential use at a density of 0-6 units/acre. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Single Family Residential (Oakbrooke); zoned PD, Planned Development and guided D-II, Mixed Residential South- Undeveloped; zoned R-4,Multiple Residential and guided D-H, Mixed Residential East - Single Family Residential; zoned R-1, Single Family Residential and guided DI, Single Family West- Undeveloped; zoned RB,Roadside Business and guided D-III,Mixed Residential EVALUATION OF REQUEST Compatibility with Surrounding Area-The R-1 zoning designation appears compatible with surrounding uses in the area. Comprehensive Guide Plan Update- On August 12, 1999,the APC held a public hearing to the City's Comprehensive Guide Plan Update. In regard to the subject property(and adjacent USPS property), the APC recommended that the subject site be guided for MD,medium density residential use(4-12 units/acre) and that"small lot"single family homes be developed on the site. Planning Report—Wilmus Rezoning August 24, 1999 Page 3 Development Plans -A specific development for the property in question has yet to be brought forward. Future development of the subject property shall be subject to applicable City Code requirements. SUMMARY/CONCLUSION A determination regarding the appropriate use of the subject property is considered a policy matter to be determined by City Officials. The Land Planning Act stipulates that the guided land use and zoning designation of property must be consistent. The rezoning of the property to an R- 1 designation would make its zoning consistent with the existing and proposed Guide Plan designations. Future development will proceed through the subdivision and building permit process and must comply with the performance standards of the R-1 district. ACTION TO BE CONSIDERED To recommend approval of a Rezoning of a 8.6 acre,unplatted parcel of land located south of Diffley Road and east of Johnny Cake Ridge Road from RB,Roadside Business to R-1, Single Family Residential. / � 6 531029 11 LM LE d 12 Fm ©gyp n eco / mom _� -- Imo►;�\,��+_ `���--�� '� u` Im ro ♦ �� lIsss ir — MOM jai Ou � I • Au- MOM cm L4R Cil: ME It sit.go W1 Wit ,� 1 .���111/�;vim�► Development/Developor. Application: Rezoning Case No.: 28-RZ-11-08-99 M3 �> II Mixed Residential (0-6 units/acre) �� .;..,. Ifs' Proposed Land Use Map Case No. 28-RZ-1 1-08-99 IV— As described In DRAFT Comprehenstva Plan-Land Us* Map and Revised vAth APC recommonclations from August 12, 1999 wFOR i Proposed Land Use Designation: ow IND . i1= �a lift Mi ME �1 �� •� AR 612 Monday,August 23, 1999 10:18.PM To Eagan Planning Commission From. Len Mathews Page 1 of 1 Len & Diana Mathews 4288 Pintail Court Eagan, MN 55122 Home 651-905-9890 Work 651-687-2885 Aug 23, 1999 Community Development Department 3830 Pilot Knob Road Eagan, IMN 55122 Reference: Rezoning case # 28-RZ-07-07-99 & 28-RZ-11-08-99 Dear Sir or Madam, We are homeowners in the Mallard Park development and our back yard is immediately across Johnny Cake Ridge Road from the parcels of land which are being considered for rezoning. We strongly SUPPORT the proposed rezoning of these propertys to "single family" home development. We believe the use of the subject propertys for single family homes would be consistent with existing development on three sides of this area. Thant:you for the opportunity to provide input on this proposal. Regards, Len & Diane Mathews � 6 6 * *RECEIVE STOP* * 612 633 5701 FRpM WILLMUS CO PHONE NO. : 612 633 5701 Aug• 23 1999 09:01PM P2 13: :6 6,2-222-4433 W LLL-14M W. �=I,„ ,v` •i r !. WILLIAM R. SUSCH t ATTOWNr, Pf LAW 3t9 cCO-M STaCC• 6VITi 003 $/HINT PSV L. MINNESOTA sl101 trr Vf.b. July 27 , 1999 COPY VIA TELECOPIER TO: 651-681-4694 CERTIFIED MP.ZL - Z a01 652 925 EQUZ CoMmunity Development Department City of Eagan 3830 Pilot Knob Road Eagan. MN 55122 Re: EHW Properties RS Zoned Parcel fronting on south side of Diff ley And east side of Johnny Cake Ridge - The City' s proposed downzoning of chis RB Parcel to R-1 Dear Ladies/Gentlemen: EHW Properties has asked my office to protest on its behalf the City' s proposed downzoning of this RB parcel to R-1 that iz scheduled to be considered at your public hearing or, August 12th. As is reflected in the City' s records (1) This RB parcel , which consists of some 8 acres , has been owned by EHW for more than 30 years and has been zoned RB since prior to 1974 . (Z) In connection with the completion of Johnny Cake Ridge Road in 1989 , EHW contributed at the City' s request a 17 foot right-of-way easement over its RB property for the expansion of the width of Cake Ridge oovaOlthis41 a£fit volume tobe generatebythecommercial development, RS property . (3) The storm sewer and other utility lines serving this RB parcel were sized for ice intended commercial development , a-1d were assessed against it at the highest (the couunercial/industrial) rate. �6 612 633 5701 WILLM(lS CO PHONE NO. : 612 633 5701 Aug. 23 1999 09:02PM P3 C8i23/1999 13: 16 612-222-4483 WILLIAM k r Community Development Department Pae Zhao July 27 , 1999, (4 ) When Dtffley Road was widened in 1988, the full assessable cost of that road widening project for the RS parcel ' s frontage on Diffley was assessed against it (some $48, 800) because of the road widenings special enhancement of the cou=ercial develop- ability of this RB parcel . (5) 'rhe property across Johnny Cake Ridge co the west of this RB parcel is commercially zoned land which is now ripe for development. (6) The land abuttingg the east boundary of this RB parcel was developed and sold as R-1 homesites with full knowl'ad a that this RB parcel was zoned and being marketed for commercial develop- ment. In view of those facts, EHW Propsvties respectfully urges you to determine that the proposed downzoning of this parcel to R-1 is barred by estoppal and would conztitute a co=pensable taking under the rule affirmed andapplied in Nollan v. California Coastal Commission (1987) 107 S.Ct. 3141 and ita progeny. Respectfully yours , William R. Busch WRB/Cw cc: EHW Properties & Agenda Information Memo September 7, 1999 Eagan City Council Meeting D. REZONING CONDITIONAL USE PERMITS AND FINAL PLAT GRAMERCY CORPORATION ACTION TO BE CONSIDERED: ➢ To approve the Rezoning from NB,Neighborhood Business to LB,Limited Business of a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road. ➢ To approve a Conditional Use Permit to allow the establishment of a"retirement home"within an LB, Limited Business zoning district upon a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road subject to the conditions listed in the APC meeting minutes. ➢ To approve a Conditional Use Permit to allow a structure exceeding 30 feet in height within an LB,Limited Business zoning district upon a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road subject to the conditions listed in the APC meeting minutes. ➢ To approve a Final Plat(Gramercy Park of Eagan)of a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road in the SW 1/4 of Section 9. FACTS: ➢ On February 2, 1999,the City Council approved a Comprehensive Guide Plan Amendment that changed the Land Use Guide Plan designation of the subject property from Neighborhood Business (NB)to Limited Business (LB). ➢ The proposed Limited Business(LB)zoning designation makes a specific allowance for senior housing or"retirement homes"as a conditional use. The proposed use is not anticipated to adversely affect surrounding uses. ➢ The proposed senior housing facility measures 48'-5"in height. According to the City Code, no building within an LB zoning district may exceed 30 feet in height except by conditional use permit. ➢ The subject property currently exists as a single unplatted parcel. As a condition of CUP approval, the final platting of the property will be required. At their regular meeting on August 24, 1999, the Advisory Planning Commission held a public hearing to consider the Rezoning and Conditional Use Permits and recommended approval subject to the conditions listed in the APC meeting minutes. ATTACHMENTS (3) August 24, 1999 APC Meeting Minutes page /7/—/7-2 Staff report,pages tZhrough � Final Plat drawing page SENT BY: 9- 1-99 : 16:50 612 432 3780: SEVERSON SHELDON- 651 681 4694:# 9/20 Page August 24, 1999 ADVISORY PLANNING COMMISSION REZONING & CONDITIONAL USE PERMITS GRAMERCY CORPORATION Chair Heyl opened the next public hearing of the evening regarding a Rezoning from NB (Neighborhood Business) to LB (Limited Business) and Conditional Use Permits to allow senior housing and a building exceeding 30 feet in height in a Limited Business zoning districted, located on the north side of Yankee Doodle Road, east of Coachman Road and west and north of Carbon's in the SEI. of Section 9. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated August 17, 1999. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant addressed the APC regarding its involvement in the senior housing market the demographics of its residents. Chair Heyl closed the public hearing. Members Frank and Anderson stated that the plan appeared to be very compatible with the neighborhood and was a good use for the property. Member Frank noted his concern on the tree replacement policy_ Member Anderson moved, Member Frank seconded, a motion to recommend approval of a Rezoning from NB (Neighborhood Business) to LB (Limited Business) of a 4.9 acre parcel of land located north of Yankee Doodle Road and of Coachman Road n the SE'/.of Section 9. All voted in favor. Member Anderson moved, Member Segal seconded, a motion to recommend approval of a Conditional Use Permit to allow the establishment of a"retirement home' within an LB, Limited Business zoning district upon a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road in the SEI. of Section 9, subject to the following conditions: I. The subject property shall be platted. 2. Trash handling activities shall occur within the principal structure. 3. All site signage shall comply with City Code requirements. 4. 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. 612 432 3780 SENT BY: 9- 1-99 : 16:51 SEVERSON SHELDON 651 681 4694:#10/20 page 9 /august 24, 1999 } ADVISORY FLANNTNc COMMISSION 5. 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. 6. According to the City of Eagan Tree Preservation Ordinance the required tree mitigation calculates to the installation of one-hundred thirty-five (135)category A trees, or two- hundred seventy (270) category B trees, or five-hundred forty(540) Category C trees, or an equivalent combination of these trees. Mitigation shall be in addition to any city required landscaping. 7. Ponding shall be constructed in the eastern portion of the site to provide on-site treatment for runoff'from this parcel. The pond excavation should incorporate a 10 foot wide aquatic bench extending from NWL to I foot below NWL and side slopes below the aquatic bench shall be 3:1 to a maximum depth of 6.5 feet. The two ponding areas shall have a combined minimum wet volume of 0.6 acre-feet. 8. This development would be responsible for a cash parks dedication and a cash trails dedication. 9. A private access drive shall be constructed in the northeast corner of the site to provide a future secondary access to potential public streets within the adjacent easterly parcel. Member Frank noted his objection to the Conditional Use Permit, not because of the use but due to the tree ordinance. All voted in favor, except Member Frank opposed. Member Anderson moved, Member Frank seconded, a motion to recommend approval of a Conditional Use Permit to allow a structure exceeding 30 feet in height within an LB, Limited Business zoning district upon a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road in the SEI. of Section 9_ All voted in favor. l PLANNING REPORT CITY OF EAGAN REPORT DATE: August 17, 1999 CASE: 09-RZ-10-07-99 09-CU-10-07-99 09-CU-11-07-99 APPLICANT: Gramercy Corporation HEARING DATE: August 24, 1998 PROPERTY OWNER: Gramercy Corporation PREPARED BY: Bob Kirmis REQUEST: Rezoning and Conditional Use Permits LOCATION: North of Yankee Doodle Road and west of Carbone's COMPREHENSIVE PLAN: LB, Limited Business ZONING: NB,Neighborhood Business SUMMARY OF REOUEST Gramercy Corporation is requesting approval of a 69 unit senior housing"cooperative"upon a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road in the SE '/4 of Section 9. To accommodate to proposal, the following approvals have been requested: ➢ A Rezoning of the subject property from NB,Neighborhood Business to LB, Limited Business. ➢ A Conditional Use Permit to allow the establishment of a"retirement home"within an LB, Limited Business zoning district ➢ A Conditional Use Permit to allow a structure exceeding 30 feet in height within an LB, Limited Business zoning district. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subdivision 5 states, in part that the Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for it's consideration and recommendation. 1 �3 Planning Report—Gramercy Rezoning & CUP August 24, 1999 Page 2 Conditional Use Permit: City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the 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. Planning Report—Gramercy Rezoning& CUP August 24, 1999 Page 3 Additional Building Height: Building heights in excess of the maximum height limitations may be allowed by conditional use, subject to the conditions in Subd. 15B.3 as follows: (a) The height of buildings or structures in commercial and industrial districts shall be as approved by the city except as regulated in air traffic corridors. (b) The front setbacks shall not be less than three-fourths of the height of the building or structure. The rear and side setbacks shall not be less than one-half of the height of the building. (c) The maximum required green area for the buildings or structures over three stories shall be 60 feet on the front and 25 feet on the side and rear yards. The green area shall be increased from the present green area requirements in commercial and industrial districts by five feet per story on the front, side and rear yards until the maximum required green area has been obtained. (d) Guest parking only may be allowed on the front side of the building or structure, and number of guest parking spaces shall be determined by the council. (e) Parking shall not be allowed adjacent to any side of such a building or structure in order to provide fire lanes and adequate fire protection for the building or structure. (f) The front side of the building or structure shall be determined by the applicant. The front yard shall consist of the area between the designated front side and the lot lines on said side bounded by parallel lines extending from the approximate corners of the designated side to the lot line(s). (g) A permit for a building or structure in excess of the normAl maximum height limitations shall not be allowed if the building or structure is located less than 300 feet from a single-family residential district as measured from the nearest point of such building or structure to the nearest point of the residential district. (h) Special review and consideration will be given to proposed buildings or structures that take advantage of significant topographical changes in elevations that would minimize the impact of the structures top floor elevation in relation to single- family residential dwellings in the area. Planning Report—Gramercy Rezoning & CUP August 24, 1999 Page 4 BACKGROUND/HISTORY On February 2, 1999, the City Council approved a Comprehensive Guide Plan Amendment that changed the Land Use Guide Plan designation of the subject property from Neighborhood Business (NB) to Limited Business(LB). The Use Guide Plan change was made to justify the requested rezoning of the property to a Limited Business (LB) designation and potentially accommodate a senior housing use upon the site. While the noted guide plan application included a conceptual development plan for the site,no specific plan was ever formally processed or approved. EXISTING CONDITIONS The property in question is undeveloped. The site is relatively flat but does contain some varied topography and mature vegetation. There is a grade change of approximately 30 feet from southeast to northwest. Access to the property is provided only via Yankee Doodle Road which comprises the southern boundary of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Quarry Park; zoned P, Public Facilities; guided PF, Public Facilities South Single Family Residential; zoned A, Agriculture; guided DIII, Mixed Residential East- Carbones Pizza and undeveloped; zoned NB,Neighborhood Business and A, Agriculture; guided NB,Neighborhood Business and CA, Central Area West- Foxridge Shops, Foxridge Car Wash and Child Development Center; zoned NB, Neighborhood Business; guided NB, Neighborhood Business EVALUATION OF REQUEST Compatibility with Surrounding Area- The proposed Limited Business (LB) zoning designation is intended for those areas that are particularly exposed to residential neighborhoods and thus suitable only for businesses compatible with nearby residential uses. The LB zoning designation makes a specific allowance for senior housing or"retirement homes" as a conditional use. The subject site is bounded on the east and west by commercial uses, on the north by Quarry Park and on the south by property guided for multiple family residential development. The proposed use is not anticipated to adversely affect surrounding uses. Planning Report—Gramercy Rezoning& CUP August 24, 1999 Page 5 Airport Noise Considerations - The subject site lies outside of the City's noise exposure zones Site Plan - The proposed senior housing facility is to be situated in the central portion of the site. The site is to be accessed from the south via Yankee Doodle Road. Off street parking is to be provided both underground (beneath the principal structure) and along the site's western boundary. Two ponding areas have been proposed along the site's eastern boundary. Densi - The senior facility consists of 69 units on 4.9 acres. This results in a density of 14.1 units per acre. Of the total 69 units,three are to be one bedroom(4%), 63 are to be two bedroom (92%) and three are to be three bedroom (4%). Building Height - The proposed senior housing facility measures 48'-5"in height. According to the City Code, no building within an LB zoning district may exceed 30 feet in height except by conditional use permit. Section 11.20 Subd. 15.B.3 specifically states that district height limitations may be exceeded provided certain criteria are satisfied (listed previously). All such criteria have been satisfied. Setbacks - The proposed senior housing facility meets applicable LB district setback requirements and those imposed as conditions of allowing building height flexibility. Additionally, all parking'area setbacks have also been satisfied. Platting- The subject 4.9 acre property currently exists as a single unplatted parcel. As a condition of CUP approval, the final platting of the property will be required. Off-Street Parking - The Zoning Ordinance does not include a specific off-street parking requirement for senior housing facilities. For comparative purposes, the County HRA senior project approved in 1997 provides 1.16 stalls per unit and the Marice Manor project likewise approved in 1997 proves .74 stalls per unit(with proof of parking to total just under one stall per unit). A total of 150 off-street parking spaces have been proposed; 80 of which are to be underground stalls. Based on parking demands of the referenced case studies, the proposed off-street parking supply is considered satisfactory. Generally speaking, the proposed interior site circulation system appears well conceived. All off-street parking stalls have been found to comply with minimum dimensional requirements of the City. Mechanical Equipment-No rooftop or ground mounted mechanical equipment has been proposed on site. Trash Enclosure - According to the applicant, all trash handling activities are to occur within the principal structure. Planning Report—Gramercy Rezoning& CUP August 24, 1999 Page 6 Building Materials - The senior housing facility is to be finished primarily in salmon colored brick(80%)with complementary vinyl siding (20%). The building's roof is to be dark red in color while trim, railings and windows are to be white. Building Coverage- Within LB zoning districts, a maximum building coverage of 20 percent is allowed. With a building coverage of 17 percent,building coverage requirements have been satisfied. Signage - The submitted application did not include a specific sign plan. As a condition of CUP approval, all site signage should comply with applicable provisions of the City Sign Code. Landscaping-As shown on the submitted landscape plan,the subject site is to be heavily landscaped. Specifically, a mixture of shade trees, ornamental trees and evergreen trees have proposed throughout the site. While the planting varieties, sizes and locations are considered positive, some concern exists as to whether landscape requirements have been fulfilled. Of the total 162 site plantings only, 63 (39%) are considered "landscape plantings". The remaining 99 plantings (61%) are used to fulfill mitigation requirements. According to the City Code, landscaping should comprise 3% of the building value. The City may however, approve the landscape plan if it is determined that the intent of the landscape plan requirement has been satisfied. Site Lighting -As a condition of CUP approval, exterior lighting locations should be identified upon the site plan and building elevations (if applicable). All exterior lighting should be hooded and directed to deflect light away from adjacent properties and rights-of-way. Grading/Topography - The site is wooded with gently rolling topography. In general, the site slopes toward the southeast. Elevations range from 880 to 850 feet. Storm Drainage - The site lies within Drainage District C as identified in the City Storm Water Management Plan (1990). A majority of the storm water runoff from development of the site will drain to existing storm sewer within Yankee Doodle Road. Due to the limited capacity of this storm sewer system, the developer must construct an on-site storm water basin to limit post- development runoff to existing pre-development rates. Streets/Access/ Circulation- Yankee Doodle Road (Dakota County Road 28) along the south edge of the site is currently a four-lane undivided roadway. Other public street access is not currently available to this site. Dakota County has been sent this application for their review, and at the time of this report, their formal comments had not been received. It is anticipated that Dakota County will require this development to dedicate an additional 25 feet of right-of-way along Yankee Doodle Road with the final plat to reach the 75 feet of half right-of-way necessary for future roadway improvements, as shown on the plat drawing and site plan submitted with the application. The developer should be aware that access to this site from Yankee Doodle Road will likely be limited to right-in/right-out turning movements only with the construction of these possible future roadway improvements. Access to Yankee Doodle Road will require permit approval from Dakota County. r Planning Report—Gramercy Rezoning& CUP August 24, 1999 Page 7 Because the access to the site will likely be limited to right-in/right-out movements with future roadway improvements, the site plan should be revised to include a private access constructed to the northeast corner of the development. This will allow for a secondary access connection to potential public streets within future development of Parcel 010-79 and Unisys Park 2"a Addition east of the site. Estimated traffic based on the developer's plans showing 69 housing units,would be approximately 148 vehicle trips per day. Current traffic volumes on Yankee Doodle Road near the site are approximately 20,000 vehicle trips per day. Utilities- Sanitary sewer and water main are available at the boundaries of the site to accommodate future development. A 12-inch Northern Natural Gas pipeline runs through the middle of the site from southwest to northeast. The developer should be responsible for any relocation of the pipeline necessary for development of the site, subject to Northern Natural Gas Co. requirements. Tree Preservation - This 4.7-acre site is approximately 75% covered with significant vegetation. The balance of the site is grassland and small shrubs. The original tree inventory submitted by the applicant for this site has been modified by staff to more accurately describe significant vegetation existing on this site. The inventory now includes both individual significant trees and significant woodlands. The inventory indicates that there are 51 individual significant trees on site and 72,215 square feet of significant woodlands. Individual tree species include cottonwood and elm trees (12"to 30"diameter). The significant woodlands are comprised of cottonwood, poplar, elm, and silver maple tree species. Development as proposed will result in the removal of 47 significant trees (92.2% of the total), and in the removal of all 72,215 square feet of the significant woodlands (100%). According to the City of Eagan Tree Preservation ordinance allowable removal for this type of development (single-lot multiple-unit residential) is set at 30% (15 trees, 21,215 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 proposed, tree mitigation calculates to the installation of one-hundred thirty-five (135) category A trees, or two-hundred seventy(270) category B trees, or five-hundred forty (540) Category C trees, or an equivalent combination of these trees as mitigation for tree removal in excess of allowable limits. Tree mitigation reforestation is in addition to a city required landscape plan. Reforestation shall occur within the development. Water Quality/Wetlands -This 4.7-acre multi-family development is located within the Drainage Basin C watershed. Runoff from the site will be discharged first to Pond CP-1, a 5.5-acre pond designated as a nutrient trap in the City's water quality management plan. Pond CP-1 in turn discharges through a series of several ponds to Gravel Pit Lake, recently upgraded to a recreational waterbody in the City's water quality management plan. Staff recommends on-site ponding to treat this runoff prior to discharge to Pond CP-1 and then to Gravel Pit Lake. The Planning Report—Gramercy Rezoning& CUP August 24, 1999 Page 8 grading plan shows two stormwater ponding areas constructed in the eastern portion of the site to treat runoff from this development. The excavation should be conducted to include a 10 foot wide safety bench just below the normal water elevation and that the side slope below the bench not exceed 3:1. The ponds should have a combined minimum wet volume of.6 acre-feet. There are no jurisdictional wetlands within the development parcel. Parks and Trails—The developer should be responsible for a cash parks dedication and a cash trails dedication. SUMMARY/CONCLUSION The applicant is requesting a rezoning and Conditional Use Permits to allow the establishment of a 69 unit senior housing facility upon a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road. The use and design appear compatible with existing and anticipated surrounding uses. ACTION TO BE CONSIDERED A. To recommend approval of the Rezoning from NB,Neighborhood Business to LB, Limited Business of a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road (in the SE '/4 of Section 9). B. To recommend approval of a Conditional Use Permit to allow the establishment of a "retirement home"within an LB, Limited Business zoning district upon a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road in the SE '/4 of Section 9. If approved, the following conditions should apply: 1. The subject property shall be platted. 2. Trash handling activities shall occur within the principal structure. 3. All site signage shall comply with City Code requirements. 4. 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. I ilo Planning Report—Gramercy Rezoning& CUP August 24, 1999 Page 9 5. 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. 6. According to the City of Eagan Tree Preservation Ordinance the required tree mitigation calculates to the installation of one-hundred thirty-five (13 5) category A trees, or two-hundred seventy(2 70) category B trees, or five-hundred forty(540) Category C trees, or an equivalent combination of these trees. Mitigation shall be in addition to any city required landscaping. 7. Ponding shall be constructed in the eastern portion of the site to provide on-site treatment for runoff from this parcel. The pond excavation should incorporate a 10 foot wide aquatic bench extending from NWL to 1 foot below NWL and side slopes below the aquatic bench shall be 3:1 to a maximum depth of 6.5 feet. The two ponding areas shall have a combined minimum wet volume of 0.6 acre-feet. 8. This development would be responsible for a cash parks dedication and a cash trails dedication. 9. A private access drive shall be constructed in the northeast corner of the site to provide a future secondary access to potential public streets within the adjacent easterly parcel. C. To recommend approval of a Conditional Use Permit to allow a structure exceeding 30 feet in height within an LB, Limited Business zoning district upon a 4.9 acre parcel of land located north of Yankee Doodle Road and east of Coachman Road in the SE '/4 of Section 9. FINANCIAL OBLIGATION- 10-00900-013-52, 09-CU-11-07-99 & 09-CU-10-09-99 There are pay-off balances of special assessments totaling $-0- on the parcels proposed for the conditional use permits. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for the conditional use permits. 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. These charges are collectible at time of subdivision of the property or issuance of the building permit. Acceptance of these charges is not a condition for approval of the conditional use permits. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Lateral C.I. 21.85/F.F. 390 F.F. $8,522 Water Lateral C.I. 27.85/F.F. 390 F.F. $10,862 TOTAL $19,384 g� Eagan Boundary Location Map treat arlln. FaveN Area Building Footprint r 4815$1 8181 f ® 8181®®® ® f ® L 001 awas00 3 ® as r 11110� � � Sub"ect Site IN a ' I Hula • •• i Llaw. { _. .. # _ wrrw..rwu a ryu.cee seoxa a 1; _ .. - . Y { � r '�• jr ilk � � .. + • ■ � ; ` s • is F�)•�! a 1000 0 1000 2000 Feet Development/Developer. Gramercy Corporation Application: Rezoning and Conditio it Case No.: 09-RZ-10-07-99 ( /0113 MdP P4aprad ring E3LS1NW nw iAanrlan Rwkfed N by Dakab Carty Land Survey Oep■*ant ad is currant s d April ISM E City of Eagan TN13 MA/13 INTENDED FOR REFERENCE USE ONLY W c...wway a~.pwwat oep.rtft.wt Tka City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S not responsible for errors-or emissions. Current Zoning and Comprehensive Guide Plan City of Eagan Land Use Map Case No. 12-RZ-10-07-99 Zoning Map ITT` 1g1 I ®Elm Ro Et a PK RD Current Zoning: WMI A NB NO Neighborhood Business N cauwn.o�..o.:.r/w.c.0000ie.o�. PF �� E m ms mm o PF W ®.9 PD aoo n r� n Comprehensive Guide Plan h-1 HL fl I ® MW Land Use Map III� CA IV P MM e Current Land Use Designation: m 4 I NfW -g rN. LB N M...,r.....o.f. .»R...000a.,... Limited Business PF �'I� D-I QU PF EFJE aoo CA ►..e.l......o kgw .d.M.asw by o.k. ..y wP..a..M aeras. N zo�w.o I.re/wntle.Fe..IA..►y t,..n.wc.or«y,.N aw.ys..N b crag slam. City of Eagan 7 W E .`, THIS MAP IS INTENDED FOR REFERENCE USE ONLY Cawjs YDevdCpn)ent xrd The City of Eagan and Dakota County do not guarantee the accuracy of this information. S U 'o ° 0 d `_1- ;V1 g , HIM] U :-j �;,►'; : V _ 114 1 ;. 1 . �1f RmIlirf t 9 $ t i1 }11 1 1• 1 a�e YY 9YIY 3 �\1le-� IIIF��'�I��Clll•�fli =eta Ra >I: •I- s dlaj .AIla993•'Sl3999. � ����:�9pi _�Ys Fi j}} -•. .r• -9.SI.YbO9C KYtC�� f '�1 ... \ 10906 R• a ! —'ti—ao'oa _ - • ,r. �'r � � � 1. ..� •- i - , yam__` _ .' I FINAL PLAT 3. 16 Z O • �Ile ^ ! •�3� , ir,�(tI aWX zCC I f �1•ua, nI5:.1;(:({ Vii; ; �iN . .-II� � � ' I s s ¢ f l 3' will Ae!!a�■I�SI�3a1�� 6 s������Ql � � x �ttt e�t.. �fi i�e :� a■■�s •• .. e3 � � ' � 9n: ��: € � � �::�� ■lad �i .9�f;3 . -. ......... .... .. ox 7 • .3 r t �. I Q c_ 1 ,A .�..--..�� .• ASA - -.... �. �G :: �i'.-.L:�i ::-::- �cam.::::: •� :? ! I r.• �;;� d f � �W c ----- _ I 01 / &C) SITE PLAN acrd-a cJL AZ SA lu Al j list. t _ •. ! •�� ` •�' 1st;�• -_.� � �c -` IF cc E. IL 10 LANDSCAPE PLAN _ Ni y�e fr` !2�! p!liil� I'J I, � � 1� � }►, !Yr(� � ddd � = +• Y qui• y3 ����1![� ��ij't�'.rt! ��+1 ;191 ��� i � ��I c� CS 6 � — j• � �- n�l��li I'll � '! � �'I I I I "�4 � `j t :$ I9 = Z • j €�I��•I t }j;'7IJill;, � (II'. EI i•l I� Y -/ I! s 'Ii ► -� Q i oil LU Illy N HIM-ss"� �iI <d'siiaf. :Sla3l .5 Av- Y lai_t 1 I A :Zz: a- + Ija : So •- � f%L� .MfSi 'a ,h � ,�,4 �3.•.� t �O �. Ju • � 1 1 1 I I 1 I � - 1 � GRADING & DRAINAGE PLAN C 0 z w a a � a o' Q1 m `��a ;i'z _!It'�•,,,t� 'i iii p!H 1(�I Ili ! N �I�I j ���!i Y � � _ — i• l i.7 ..::: i�ti,lill'I! �! ' I�i i �I l i!� t all .. EE 4i lltt� tr: �tlilt Q� ;tY; �S#j•1-3i't34��Y Y � a a'e}3Y44 f i IN �YL zej! ............ awe � ........ big 1, � e/ ••bar• ��, o• �� co CAR . N ci • 4\3 \ < `µ:.es cR' �u :.�: � �i '•` a$ �. 51 f ;fur;: ful wa'7ft 9YQt) { i 1 UTILITY PLAN 7, t ■ I• j. i i. �■ �. = Imo: �_._ �■ i_- . L ,. I �� :■ ■ a BUILDING ELEVATIONS YY�YYYY. Q �bf1/1 fV."-+ c U� uuiu aue aye 1O C � O ug ;Mr, W MIA.l �T�N�xgS J y g 8 v y� 4 i FLOOR PLANS hs '•�.,� it, j �lU �'J cii� j I ��I =� • Tf � � � ? t a : ; � Hal Ir 9 1 .r tF s� 53 is iT' j= t �L < tTt w a 'ire > N w i Lr J 4 W y Ix I• `'``�' .. '' '! t r fit i r m :;tom •� ♦ ,: c� � fjZ i ..�.....� ! CO I Ow U 2 Q Z r /D, x z m 0 O o � d � � � � �� t• � � 1S°e�3y3'� !t'��� I!Cai��29 }�1(;ij�(• tit i IF�,� ,t ���',� � � i a a w L - �g3K_ �3ii�i� (►'7jt(��; j' I bits i c � > �11 �••�~�I (}�•��I�MCI l�'fxEi �Fe: �� eie � � ii;79f CYiY � 9 +F"y ii iili gM • si;e ! 3� iE FIFE b 7FrP �' iii e7.ipp ipi s34- 4 Y � a 'go ii e�r o / d -2,St.D0006 YZ'QIC '4 i R _ r ♦ te • S1.90.005 _ �!4 :1 –4-00 Ma e o - -LI-M ..sc.oaoow- 1 ?3 ! f 1 FINAL PLAT Agenda Information Memo September 7, 1999 Eagan City Council E. PLANNED DEVELOPMENT AMENDMENT (LOT 9. BLOCK 2.EAGAN PROMENADE)—C.M. ARCHITECTURE ACTION TO BE CONSIDERED: To recommend approval of a Planned Development Amendment to the Eagan Promenade and a Final Planned Development for 70,000 square feet of retail space in two buildings,two pylon sign and changes to the building materials,for part of Lot 9,Block 2,Eagan Promenade, subject to the conditions listed in the APC minutes. FACTS: • The Preliminary Planned Development and Master Plans for Eagan Promenade were approved in 1995. The PD incorporated mixed commercial and residential uses,specific development standards, architectural and signage guidelines. This is the last undeveloped site within the Eagan Promenade PD. • The existing Master Plans show a single building on this site,with up to 60,000 sq. ft. of retail, or a hotel, on this site. The proposed amendment would be two 35,000 sq. ft. retail buildings, for a total of 70,000 sq. ft. Sufficient parking and proof of parking area for this increased intensity can be accommodated on the site. • The amendment also proposes changes to the building materials specified in the existing PD Agreement. The most significant change in the materials proposed are rockface block and burnished block rather than brick. The proposed materials and colors are Slumberland's standard materials and colors. • The Promenade signage guidelines allow a single pylon sign for this site. The amendment requests two pylon signs, one for each of the proposed buildings. Although the applicant's proposal would meet City Code standards, it is a significant deviation from the provisions of the existing PD since all existing pylon signage within the Promenade is shared. • The APC held a public hearing on August 24, 1999, and recommended approval of the Planned Development Amendment and Final Planned Development, for increased retail space and two separate buildings, subject to the conditions listed in the APC minutes. The APC did not recommend approval of the building materials or pylon sign changes. ISSUES: • In response to the APC's recommendation to not approve changes in building materials and not to allow two pylon signs, C.M. Architecture has submitted a letter to the Council to reconsider those specific conditions. The Council will need to make final decisions on those issues, and if necessary modify conditions 9 and 10 accordingly. / / 41 • With regard to signage, C.M. Architecture has indicated that Slumberland prefers two pylon signs for this site(one for each building),which is the original proposal. However, in light of the APC's recommendation,they have proposed alternative sign plans. First, the request that the Council consider allowing two free-standing signs for this site-- a pylon sign for the Slumberland and either a pylon or a monument sign for the other future building(the existing PD Agreement provided only a single pylon sign for this lot and did not include monument signage instead of or in addition to the pylon for this lot). Secondly, if two free- standing signs are not acceptable to the Council,then they request that the Council allow an increase in the area for the single shared pylon from 125 to 175 square feet. • With regard to building materials, C.M. Architecture feels that the colors proposed are compatible with those in the Promenade even though the materials are different. They also state that this site is isolated from the rest of the Promenade. It is situated behind the in-line center and functions as a transitional area rather than as an integral part of the Promenade. The applicant believes these factors support their proposal for changes to the architectural materials. ATTACHMENTS: Letter from C.M. Architecture dated August 30, 1999, pages through—d 7 August 24, 1999, APC Minutes,pages Lnthrough IN Staff report,pageQQQ through / gs 612 338 2995 ,FROM CM Architecture PHONE NO. : 612 338 2995 Aug. 31 1999 10:05AM P2 ,, r CMA P.A. CMA P.A. Bruce M. Carlson,AIA Northwestern Building Water Gardens Place Patrick G. Blees.AIA 219 North Second Street,Suite 301 100 East 15th Street,Suite 105 Minneapolis,Minnesota 55401-1454 Fort Worth,Texas 76102-6500 August 30, 1999 Office (612)338-6677 Office (817)877-0044 Fax (512)338-2995 Fax (817)877-0418 CITY OF EAGAN 3830 Pilot Knob Road Lagan,MN 55122 RE: PLANNED DEVELOPMENT AMENDMENT&FINAL PLANNED DEVELOPMENT Slumberland Furniture Store Property at Northwoods Parkway,Eagan Promenade Development Eagan,MN 55121 Dear Council Members and City Staff. Slumberland would like to thank the city staff support and the Planning Commission for their positive vote at the meeting on August 24, 1999. Although Slumberland is encouraged by the positive response from the city, Slumberland does feel that two of the conditions set by the Planning Commission need to be revisited at the City Council, The first condition set by the Planning Commission is that this development would be allowed one shared pylon sign. The pylon sign shall not exceed 25'-0" in height and shall not exceed 125 square feet in area Slumberland feels that this amount of signage is insufficient for two businesses. If we compare the Home Depot property directly to the north of this development, we can see many similarities. The Home Depot property is about 9 acres, the Slumberland development is close to 7 acres. The street frontage of the Slumberland property is almost 600'-0", and the Horne Depot frontage in front of their parking is about 600'-0". Home Depot has one business on their property and a pylon is 144 square feet, Slumberland's development will have two businesses and are allowed a pylon of 125 square feet. Slumberland feels that the last comparison shows not a similarity but a difference in the allowed pylon signage, because of the amount of businesses the pylon sign serves. Slumberland would like to propose either two pylons, one for each business, of 25 feet in height and 125 square feet in area, or one shared pylon sign of 175 square feet We also understand that monument signage is something that the city guarantees to each independent lot- Although Slumberland does not feel they need monument signage, the future retail on the east part of the Slumberland development might want that option. Also a condition was set by the Planning Commission that building materials shall be limited to 75% brick, stucco, metal, and glass, in the colors and architec-twal design complementary to 612 338 2995 FROM•: CM Architecture PHONE NO. : 612 338 2995 Aug. 31 1999 10:05AM P3 the Fagan. Promenade_ Although this piece of property is part of the Eagan Promenade, it is isolated from the rest of the complex. The property to the west is not part of the Promenade and Krill have its own colors and materials, and Home Depot which is the property to the north has materials and colors that are not similar to the Promenade. The Promenade is to the south of this property. The promenade has the back of their buildings facing; our property. Slumberland would like an amendment to the Promenade material and color scheme because of the property's isolation from the Promenade and the neighboring buildings to this site. Slumberland feels they could be a transition between the promenade and Home Depot. Slumberland is proposing to use their standard materials and colors. The materials would be integrally colored rockface concrete block, scored burnished concrete block, and EIFS. The EIFS is a brownish red color and is used on the curved storefront canopy. The upper portion of the rockface block walls matches the color of the EIFS. There are two tan colored horizontal accent bands of the rockface block that are on both sides of the scored burnished horizontal accent band. The scored burnished block is gray in color_ These colors and material do not match the Eagan promenade's color scheme, but are similar in that there is a darker color predominant with earth tone accent colors. We request the City's thoughtful consideration of this amendment and final planned development and look forward to your positive response. Sincerely, CM Archrte e,P.A. Crary W. Fagerstrom Project Manager 612 432 3780 SENT BY: 9- 1-99 : 16:51 : SEVERSON SHELDON- 651 681 4694:#11/20 Page 10 ; i` August 24, 1999 1; . '� ; 'r -y ADVISORY PLANNINU COMMISSION `r PLANNED DEVELOPMENT AMENDMENT C.M. ARCHITECTURE & OPUS Chair Heyl opened the next public hearing of the evening regarding an Amendment to the Eagan Promenade Planned Development and a Final Planned Development for part of Lot 9, Block 2, Eagan Promenade. The Amendment requests more square footage of retail space, two buildings instead of one, and two pylon signs instead of one. The site is located north of Byerlys and south of Home Depot on Northwood Parkway in the SEI/4 of Section 10. Planner Dudziak introduced this item_ Ms. Dudziak highlighted the information presented in City staffs planning report dated August 18, 1999. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Dudziak referred the APC to the conditions set forth under the action to be considered and noted that the APC needs to choose an alternate paragraph as set forth in Paragraphs 9A or 9B and 10A or 10B. A representative of the applicant addressed the APC noting that the applicant had a vested interest in the materials and signage for the property. The applicant stated that the proposal would be a good transition from the property to the west, which is not governed by the Promenade Planned Development and the Home Depot to the north. The applicant further noted that it would be the intention to subdivide the property in the future and therefore each parcel is requesting a separate pylon sign which would be separated by almost 600 feet. Chair Heyl closed the public hearing. Member Frank stated that he did not believe the colors and the materials used were an issue but believed that a single pylon sign was adequate for the site. Chair Heyl and Member Steininger expressed their displeasure with rockface block in the Promenade area, noting they preferred a more upscale look. Member Anderson stated that this proposal could be a good transition in the back of the Promenade to the developments to the west and north. Further discussion ensued regarding the material and pylon sign. Member Segal moved, Member Steininger seconded, a motion to recommend approval of an Amendment to the Eagan Promenade Planned Development and a Final Planned Development for part of Lot 9, Block 2, Eagan Promenade. The Amendment requests more square footage of retail space, two buildings instead of one, and two pylon signs instead of one. The site is located north of Byerlys and south of Home Depot on Northwood Parkway in the SETA of Section 10, subject to the following conditions: 1. The developer shall obtain approval from the property owner of Parcel 010-57 for grading on that property. 2. Parking and proof of parking area shall be provided at a ratio of l stall to 200 square feet. � 9� 612 432 3780 SENT BY: 9- 1-33 : 16:51 SEVERSON SHELDON- 651 681 4694:#12/20 Page 11 August 24, 1999 AovlxNtY PLANNING COMMISSION C� 3, The landscape plan shall be revised according to the comments in the staff report and all plant materials shall meet the minimum size specifications of the City Code. 4. The preliminary grading plan depicts grading on the adjacent property to the west, Parcel-010-57. T he developer shall be responsible for obtaining approval from the property owner of Parcel 010-57 for grading on that parcel. 5. 1'his development shall provide a private ingress/egress easement document covering the service drive stubbed to Parcel 010-57 to the west. This easement document shall be reviewed and approved by the City Attorney prior to building permit approval for this development- 6. evelopment_6. Setbacks shall be as shown on the site pian dated July 29, 1999. 7_ The landscape plan shall be revised to incorporate the suggestions in the sta iT report. All plant materials shall meet the minimum size specifications of the City Code. 8. All outside dumpsters shall be screened with an enclosure made of materials to snatch the principal building and with gates that are 90% opaque. 9. Building materials shall be limited to 75%in brick, stucco, metal and glass, in colors and architectural design complementary to the Eagan Promenade in-line and community retail centers. 10. One shared pylon sign is allowed for this development. The pylon sign shall not exceed 25 feet in height, and shall not exceed 125 square feet in area. The pylon sign shall be of a design to match the other pylon signs within the Eagan Promenade development. Setbacks shall be 10 feet from any property line. 11. Wall signage shall be allowed on the north building elevation only, up to 15% of the area of the facade. 12. The pole and building mounted fight fixtures shall be the same as was used throughout the rest of the Eagan Promenade for site lighting. Member Anderson moved, Member Huusko seconded to amend the motion to delete Condition 9h in favor of Condition 9a. Motion to amend failed on a vote of three in favor, four against. Member Anderson, Member Huusko seconded, to amend the motion to delete Condition l Ob in favor of I Oa. Motion to amend failed on a vote of two in favor and five against. All voted in favor of the original motion. i q q PLANNING REPORT CITY OF EAGAN REPORT DATE: August 18, 1999 CASE: 10-FD-06-07-99 APPLICANT: C.M. Architecture, P.A. HEARING DATE: August 24, 1999 PROPERTY OWNER: Opus Corporation PREPARED BY: Pamela Dudziak REQUEST: Planned Development Amendment and Final Planned Development LOCATION: South of Northwood Parkway at Denmark Avenue COMPREHENSIVE PLAN: CA- Central Area ZONING: PD—Planned Development SUMMARY OF REQUEST C.M. Architecture is requesting approval of an Amendment to the Eagan Promenade Planned Development and a Final Planned Development for part of Lot 9,Block 2,Eagan Promenade. The Amendment requests more square footage of retail space,two buildings instead of one, and two pylon signs instead of one. The site is located north of Bylery's and south of Home Depot on Northwood Parkway in the SE '/o of Section 10. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The Preliminary Planned Development and Master Plans for Eagan Promenade were approved in 1995. The PD incorporated mixed commercial and residential uses, specific development standards, architectural and signage guidelines. The large and small in-line retail centers,the aco Planning Report—C.M.A., P.A. August 24, 1999 Page 2 residential component and most of the individual stand alone buildings have already been constructed. This lot is the last undeveloped site within the Eagan Promenade PD. EXISTING CONDITIONS The site is generally flat and open without significant vegetation. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Home Depot; zoned PD (Planned Development); guided CA(Central Area) South - Retail; zoned PD; guided CA East - Pond/Vacant; zoned PD; guided CA West- Vacant; zoned PD (commercial use); guided CA EVALUATION OF REQUEST Compatibility with Surrounding Area—This Amendment to the Planned Development proposes to modify some of the details of development on this site,but makes no change in the use. The use is still retail, and appears to be compatible with the in-line retail to the south and the single large retail store to the north(Home Depot). The proposed uses for the adjacent parcel to the west includes retail and office as well as the hotel mentioned in the applicant's narrative. The development plan is designed to accommodate a future subdivision of this property. Therefore, in anticipation of a future subdivision,this report attempts to identify issues that might arise at that time. 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 current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area,commercial/retail development is considered to be consistent. Densi —The existing PD Agreement allows up to 60,000 square feet of retail space or a hotel on this site. This amendment proposes an increase in the amount of retail space on this site from 60,000 square feet in one building to 70,000 square feet in two buildings. Overall site coverage is 24%. Parking—The City Code requires parking for retail space to be provided at a ratio of one stall for each 200 square feet of floor area. In the case of a furniture store,parking is required at a ratio of one stall for each 400 square feet of floor area. However,because the proposed furniture store O/ Planning Report—C.M.A., P.A. August 24, 1999 Page 3 may be replaced by some other retail business in the future,proof of parking area at the 1/200 ratio should be provided on the site. At 35,000 square feet, general retail would require 175 parking stalls for each building. As a furniture store, the Slumberland would need 88 stalls. The site plan shows 93 parking stalls for the Slumberland, with proof for another 82 stalls for a total of 175 parking stalls. The future building, also 35,000 square feet, is proposed to have 175 parking stalls. Staff questions how much parking to the rear of the buildings may be utilized,however, since the customer pick-up area for Slumberland is located at the rear of the building, some parking behind that building would be used. Landscaping—A mix of overstory and evergreen trees are proposed along the north side of the site, adjacent to Northwood Parkway. Parking lot islands will be planted with overstory trees. The building entrances are proposed to be landscaped with a deciduous and evergreen shrubs, perennial groundcover and ornamental trees. For the most part, landscaping is outside the proof of parking areas, except for one island in the central part of the parking lot. Staff suggests the landscape plan should be modified to incorporate more design creativity and variety, particularly along the right-of-way,perhaps incorporating some shrub beds and clustering of trees into groups rather than the alternating pattern shown. The final plan should provide a minimum of 75% screening of the parking lot from the public right of way. Landscaping along the east and west sides of the site adjacent to the parking lot should also incorporate materials that screen the parking from the public right-of-way more effectively than the overstory trees shown. Although not required for screening purposes, the side yards behind the front building line should also be landscaped. The landscape plan should be revised per these comments and all plant materials shall meet the minimum size specifications of the City Code. Grading_—The site was graded with the original Eagan Promenade development and is relatively flat. The two buildings within the development are proposed to be approximately five feet in elevation above Northwoods Parkway. The preliminary grading plan depicts grading on the adjacent property to the west, Parcel 010-57. The developer should obtain approval from the property owner of Parcel 010-57 for this grading. Storm Drainage -A storm water basin (Pond EP-4.2)was constructed along the east edge of the site with the Eagan Promenade development to accommodate storm water runoff from this development. Wetlands/Water Quality—Water Quality requirements have been satisfied through construction of on-site ponding in earlier phases of the development of Eagan Promenade. There are no jurisdictional wetlands on this site. Utilities - Sanitary sewer and water main are readily available for connection by the development from the service drive north of the existing Eagan Promenade retail center. Jo� Planning Report—C.M.A., P.A. August 24, 1999 Page 4 Access/Street Design-Public street access is available from Northwood Parkway along the north edge of the site. The preliminary site plan shows two driveway entrances onto Northwood Parkway, one directly aligned with Denmark Avenue and one approximately 300 feet to the east. The site plan also shows a service drive stub to Parcel 010-57 to the west. This development should provide a private ingress/egress easement document covering this service drive. This document should be reviewed and approved by the City Attorney prior to building permit approval for this development. Easements/Rights of WU/Permits—In the event of future subdivision, cross easements for the shared driving aisles between the two buildings would need to be executed and recorded. Tree Preservation—There is no significant vegetation on the site. Parks and Recreation—This development will be subject to a cash parks dedication per the Eagan Promenade development contract. The trail dedication for this lot has been satisfied through assessments for Project 694. Setbacks—The Promenade PD Agreement did not specify setbacks for this site,however, for comparative purposes, staff has applied the setbacks that would by required in the Community Shopping Center(CSC) zoning district. The proposed buildings meet or exceed the CSC setback standards. The proposed site plan accounts for the potential future subdivision and locates the two buildings with sufficient distance between them to satisfy the CSC ten-foot side yard setback standard. Trash Enclosure—The trash dumpster for Slumberland is proposed to be located at the rear of the building. The building elevations appear to show screening of the dumpster storage area. The City Code requires that all outside dumpsters be screened with an enclosure made of materials to match the principal building and with gates that are 90% opaque. Building Architecture/Materials—The existing PD Agreement for the Promenade states "Up to 75%of the building materials for the freestanding buildings shall be limited to brick, stucco, metal and glass. The building materials colors and architectural design shall be complementary to the in-line and community retail centers." Additionally,rooftop equipment should be screened from view rather than painted, and freestanding buildings are limited to 30 feet in height. The applicant's narrative indicates their amendment request includes the use of different building materials and colors for this development than in the rest of the Promenade development. The applicant states that because it is located behind the large retail center,this site is isolated from the rest of the Promenade, and that the adjacent parcel to the west is not part of the Promenade and therefore will have its own architectural design and colors, as does the Home Depot to the north. In any event,both buildings should have similar architectural design and use the same . building materials, whether as proposed by the applicant or as provided by the existing Preliminary Planned Development. 003 Planning Report—C.M.A., P.A. August 24, 1999 Page 5 The proposed Slumberland building incorporates their standard materials and colors. The building is proposed to have a brownish-red EIFS on the fagade. In place of brick,rockface concrete block is the primary exterior material in a brownish-red color to match the EIFS with two bands in tan; the scored burnished block will be in gray. The applicant believes the materials and color scheme are similar and compatible to those in the Promenade and will be a suitable transition to other buildings in the area. A deviation from the architectural standards established for the Promenade PD is considered a policy matter to be determined by City officials. Signage—Signage was restricted throughout the Promenade development, allowing free-standing monument signs for several of the individual buildings, and two shared pylon signs for the various businesses. The signage guidelines of the existing Eagan Promenade Planned Development Agreement state that wall signage for Lot 9, Block 2, will be allowed on the north building elevation only, up to 15% of the area of the fagade. In addition, one pylon sign will be allowed for the northern retail center(this site). C.M. Architecture is proposing separate pylon signs for each of the two buildings proposed for this site. Each of the proposed pylon signs would be up to 125 square feet in area(maximum allowed by the City Code) and 25 feet in height(specified height in existing PD Agreement). Separate pylon signs for these two buildings, although meeting the standard City Code requirements, is not consistent with the design and sign standards established by the original Agreement and implemented throughout the rest of the Promenade development. A deviation from the signage guidelines established for the Promenade PD is considered a policy matter to be determined by City officials. Li htin —Site lighting is proposed to be through building and pole-mounted metal halide lights. Light poles are proposed to be 25 and 30 feet in height, with 400 and 1000 watt fixtures. Building mounted lights are set at a height of up to 18 feet. The light fixtures should be the same as was used throughout the rest of the Eagan Promenade. The photometrics show light levels of around one footcandle at the property line, and slightly higher at the driveway accesses. SUMMARY/CONCLUSION ' C. M. Architecture is proposing to amend the Eagan Promenade Planned Development and requests simultaneous approval of a Final Planned Development for two buildings, 70,000 square feet of retail space, two pylon signs and changes in the building materials. The applicant indicates that this site is isolated from the rest of the Promenade development because it is set behind the large in-line retail center and away from the other free-standing buildings. In staff's estimation, the increase in building area and separation of the retail space into two buildings is a minor change, and the site plan shows parking required by City Code can be provided on site. The proposed changes to the building materials and colors, and for two pylon signs are significant changes. The existing PD Agreement specifically provided for one pylon sign for this site, and other businesses in this PD that were constructed under the existing guidelines do not have individual pylon signs. Similarly with the building architecture, other free-standing buildings were allowed some individuality in design and colors so the buildings are not all ,::?. 0 Y I Planning Report—C.M.A.,P.A. August 24, 1999 Page 6 identical, but they do have common elements and materials and are considered compatible with each other. The Advisory Planning Commission and City Council will need to assess the suitability of these proposed changes as a policy matter. ACTION TO BE CONSIDERED To recommend approval of an Amendment to the Eagan Promenade Planned Development and a Final Planned Development for 70,000 square feet of retail space in two buildings,two pylon sign and changes to the building materials. For part of Lot 9,Block 2,Eagan Promenade. 1. The developer shall obtain approval from the property owner of Parcel 010-57 for grading on that property. 2. Parking and proof of parking area shall be provided at a ratio of 1 stall to 200 square feet. 3. The landscape plan shall be revised according to the comments in the staff report and all plant materials shall meet the minimum size specifications of the City Code. 4. The preliminary grading plan depicts grading on the adjacent property to the west, Parcel 010-57. The developer shall be responsible for obtaining approval from the property owner of Parcel 010-57 for grading on that parcel. 5. This development shall provide a private ingress/egress easement document covering the service drive stubbed to Parcel 010-57 to the west. This easement document shall be reviewed and approved by the City Attorney prior to building permit approval for this development. 6. Setbacks shall be as shown on the site plan dated July 29, 1999. 7. The landscape plan shall be revised to incorporate the suggestions in the staff report. All plant materials shall meet the minimum size specifications of the City Code. 8. All outside dumpsters shall be screened with an enclosure made of materials to match the principal building and with gates that are 90%opaque. 9a. Building materials shall be brownish-red and tan rockface block, gray burnished block accents and brownish-red EIFS on the fagade. OR 9b. Building materials shall be limited to 75%in brick, stucco, metal and glass, in colors and architectural design complementary to the Eagan Promenade in-line and community retail centers. (This is the wording of the existing Planned Development Agreement) �v Planning Report—C.M.A., P.A. August 24, 1999 Page 7 10a. Each building is allowed one pylon sign, up to 25 feet in height and 125 square feet in area. Setbacks shall be ten feet from any property line. OR 10b. One shared pylon sign is allowed for this development. The pylon sign shall not exceed 25 feet in height, and shall not exceed 125 square feet in area. The pylon sign shall be of a design to match the other pylon signs within the Eagan Promenade development. Setbacks shall be 10 feet from any property line. 11. Wall signage shall be allowed on the north building elevation only, up to 15% of the area of the fagade. 12. The pole and building mounted light fixtures shall be the same as was used throughout the rest of the Eagan Promenade for site lighting. Oo6 i C3 Eagan Parcel Area Boundary Location Map StStreetCant flm. q i ®Building Footprint ! i .10 or ` ti 1 Subject Site O �� .�...... a � 0 J,V X ■ t �LCJ �, IT ;Z041, *)w Qua- owSaw �wa 6 — n 0 n* 14* ['I k L.A%_VP J 1000 0 taoo 2000 Feet Development/Developer. C. M. Architects Application: PD Amendment and Final PD Case No.: 10-PA-02-07-99 and 10-FD-06-07-99 �D Map R epsed wing ER9 acView 11.Parcel bee mp w-r-dam N by DMaU C,oL Y Land Srsvey Departr and i..ut.d npre,999. City of Eagan �' THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E Caasasalty Develepa wt Departrneat The City of Eagan and Dakota County do not guarantee the aeearscy of this Information and are S not rasponslble for errors or omissions. Current Zoning and Comprehensive Guide Plan City of Eagan Land Use Map Case No. 10-PA-02-07-99 and 10-FD-06-07-99 Zoning Map 4, RJ 41 PD Current Zoning: 0 sP O PD "" � ro Planned Development • A PD A PD wewn wows we,r(raM[n ee.aa ao.•� PD P Comprehensive Guide Plan Land Use Map P CA o-n1 O CA 0 O CA � Current Land Use Designation: ' CA CA Central Area CA CA C ... ... ,r" r», _ Prey base map Wonwatlow►rewhi-d by Dakefa C."Laad s N 410� ierrq MrorsaUow pe.a.d y L.r.raaee eror*�».aN rpdaw crsy.en. City of Eagan wE Ca;wxffi1WD"cp WDgnr&"ent 2-1 THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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Zfll fsf Illi ii ! ! 1 1 1 ! ;Y 2 t 1 f l• I f 1 T .. _��_—_.—_ TT-��7TT'1TTTTTTTTTT TTlT'7'TTT7'TTTT T TTTT•TT 1 1 t 1 N 1 LAS U SITE LIGHTING _ - r LA CMA P.A. CMA P.A. Bruce M.Carlson,AIA Northwestern Building Water Gardens Place Patrick G. Blees.AIA 219 North Second Street,Suite 301 100 East 15th Street,Suite 105 Minneapolis,Minnesota 55401-1454 Fort Worth,Texas 76102-6500 August 4, 1999 Office (612)338-6677 Office (817)877-0044 Fax (612)338-2995 Fax (817)877-0418 CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 RE: PLANNED DEVELOPMENT AMENDMENT &FINAL PLANNED DEVELOPMENT Slumberland Furniture Store Property at Northwoods Parkway, Eagan Promenade Development Eagan, MN 55121 Dear Planning Commission, Council Members and City Staff: Slumberland is a major furniture retailer in the region and has a reputation for not only high quality products and services, but also for new, creative and attractive facilities. Slumberland's commitment to the community is also evident in its business practices. Slumberland is proposing to undertake construction of a new retail store in your community. It Would be located on Northwoods Parkway in the area of the Eagan Promenade, across the street from Home Depot. The property is zoned PD —planned development, as well as all the adjacent property to the site. The adjacent properties to the north and south are developed retail sites, and the property to the west is undeveloped, but planned for a hotel. The property to the east is a retention pond for the Eagan Promenade. The property that Slumberland is developing is currently undeveloped, but was planned for either retail or hotel as per the Planned Development Agreement. Slumberland would like to start construction of a furniture store on this site this fall (late September or early October) and finish construction of the Eagan Slumberland in January or February of 2000. Slumberland is intending to subdivide the other half-of the site in the future for development of a second retail commercial building of 35,000 square feet. Slumberland is seeking an amendment to the planned development in the following areas. First, the Planned Development limits the site to 60,000 square foot retail or hotel as per the general provisions, Lot 9, Block 2. Slumberland would like to develop this site so that two buildings of no more than 35,000 square feet could be built on this site. Slumberland is planning to build a furniture store immediately and the other retail or hotel building would be built in the future. Secondly, the Planned Development as per Exhibit S — signage guidelines, limits this site to one pylon sign of 25'-0" of height and no more than 125 square feet of sign area per face. The site Slumberland is developing is 6.74 acres in size and has over 582'-0" of street frontage. Slumberland proposes, based on the future subdivision of this property, that the development l2. agreement be amended to allow for two (2) pylon signs of 25'-0" in height and 125 square feet of sign area per face: one for Slumberland, and one for the future retail commercial building. The signs will meet the requirement of a distance of at least 300'-0" between pylons. The placement of these signs will also coordinate with the property to the west of the Slumberland site. The property to the west of the Slumberland site is proposing a 21,000 square foot hotel and has over 900'-0" of street frontage. The signage for the property to the west has not been determined yet, but the placement of our pylons would limit that site to 2 pylons. Although this piece of property is part of the Eagan Promenade, it is isolated from the rest of the complex. The property to the west is not part of the Promenade and will have its own colors and materials, and Home Depot which is the property to the north obviously has materials and colors that are not similar to the Promenade. The Promenade is to the south of this property. The promenade has the back of their buildings facing our property. Slumberland would like an amendment to the Promenade material and color scheme because of the property's isolation from the Promenade and the neighboring buildings to this site. Slumberland feels they could be a transition between the promenade and Home Depot. Slumberland is proposing to use their standard materials and colors. The materials would be integrally colored rockface concrete block, scored burnished concrete block, and EIFS. The EIFS is a brownish red color and is used on the curved storefront canopy. The upper portion of the rockface block walls matches the color of the EIFS. There are two tan colored horizontal accent bands of the rockface block that are on both sides of the scored burnished horizontal accent band. The scored burnished block is gray in color. These colors and material do not match the Eagan promenade's color scheme, but are similar in that there is a darker color predominant with earth tone accent colors. As part of the site final development process, required parking stall counts have been established based on the Eagan City Zoning Ordinance. We have planned the site parking at a ratio of one stall per 200 square feet of gross floor area, which for 70,000 square feet of building would be 350 stalls. The site plan is showing proof of parking for 350 stalls. Since Slumberland is a furniture store, the city's ratio of one stall per 400 square feet of gross floor area will be used for the Slumberland building. We are providing 88 parking stalls for the Slumberland Furniture Store and proof of parking for the additional 87 stalls. The City of Eagan will benefit from the fact that this amendment is requested with an intended development plan attached and with every thought given to the issue of public safety and an improvement to the community. Slumberland Furniture Stores are a destination retail use, which requires a high volume of space for a fairly small number of customers. Because of the low intensity retail use, our project's impact on the city infrastructure, particularly water and sewer and roads, should be less than that of hotel or high intensity retail. We believe this is an additional benefit to the community. Storm sewer was previously planned for this site with the development of the Eagan Promenade, thus not burdening the system beyond what has been planned. We also intend to provide open space on the site to more than comply with the zoning requirements. We request the City's thoughtful consideration of this amendment and final planned development and look forward to your positive response. Sincerely, CM Architecture, P.A. Ga *W. agerstro Project Manager 1`� Agenda Information Memo September 7, 1999 Eagan City Council Meeting F. COMPREHENSIVE GUIDE PLAN AMENDMENT,REZONING,FINAL PLAT–WOODCREST CHURCH ACTION: ➢ To approve a Comprehensive Guide Plan Amendment on 1.5 acres from D-I Residential (0-3 units/acre)to PF (Public Facility) ➢ To approve a Rezoning on 1.5 acres from A(Agricultural)to P (Public Facility) ➢ To approve a Rezoning on 12 acres from R-1 (Single Family)to P (Public Facility) ➢ To approve a Final Plat on 13.5 acres located at the NE comer of Cliff Road and TH 3 FACTS: ➢ In 1996 the City Council approved a Comprehensive Guide Plan Amendment for 12 acres owned by Woodcrest Church at the NE corner of Cliff Road and TH 3. The church has since purchased the adjacent 1.5 acre parcel and is requesting a comprehensive guide plan amendment of that parcel and a rezoning on the entire 13.5 acres it now owns. ➢ The property currently consists of 2 separate, unplatted parcels. The church is proposing to plat the property into one lot. ➢ At their regular meeting on August 24, 1999 the Advisory Planning Commission recommended approval of a comprehensive guide plan amendment for 1.5 acres from D-I to PF, a rezoning on that 1.5 acres from A(Agricultural)to P (Public Facility), a rezoning on the adjacent 12 acres from R-1 (Single Family)to P (Public Facility), and a final plat to consolidate the two parcels into one platted lot. BACKGROUND/ATTACHMENTS ➢ Staff report,pages=hrough��8 ➢ Minutes of August 24, 19 9 APC meeting,pageS22,e — ➢ Final plat drawing,pager C PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 1999 CASE: 25-CG-04-07-99 APPLICANT: Woodcrest Church HEARING DATE: August 24, 1999 PROPERTY OWNER: _Woodcrest Church PREPARED BY: Julie Farnham REQUEST: Comprehensive Guide Plan Amendment, Rezoning, Final Plat LOCATION: NE corner of Cliff Road and TH 3 COMPREHENSIVE PLAN: D-I/PF ZONING: A/R-1 SUMMARY OF REQUEST Woodcrest Church is requesting a Comprehensive Guide Plan Amendment to change the land use on 1.5 acres from D-I Residential (0-3 units/acre)to PF (Public Facility); a Rezoning on 1.5 acres from A(Agricultural) to P (Public Facility) and on 12 acres from R-1 (Single Family) to P (Public Facility); and a Final Plat on 13.5 acres located on the northeast corner of Cliff Road and TH 3 in the SE '/a of Section 25. AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such,the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. baa Planning Report—Woodcrest Church August 24, 1999 Page 2 BACKGROUNDIHISTORY In 1996 the City approved a Comprehensive Guide Plan Amendment for 12 acres owned by Woodcrest Church at the northeast corner of Cliff Road and TH 3. At that time, the church was interested in purchasing the abutting 1.5 acre parcel. Since then, the church as acquired the 1.5 acre parcel and how wants to proceed with site development. This request is intended to consolidate the land use, zoning and legal description on the entire 13.5 acres now owned by Woodcrest Church. EXISTING CONDITIONS The site is undeveloped; portions of it appear to have been farmed. The site contains scattered wooded areas. A large hill exists in the southeast corner of the site and a large pond exists in the northern '/4 of the site. A Soo Line railroad track runs along the west property line. Woodcrest Church currently has offices in Eagan and conducts services at the Rosemount Community Center. Woodcrest is a daughter church of Wooddale Church in Eden Prairie. A majority of their members come from the Eagan area. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North—Proposed single family development(Southern Lakes West) ; zoned R-1; guided D-I South - Single family development(Weston Hills); zoned R-1; guided D-I East - Single family'development (Southern Lakes - Inver Grove Heights) West- Soo Line Railroad and single family development; zoned R-1; guided D-I EVALUATION OF REQUEST Comprehensive Guide Plan Amendment and Rezoning Compatibility with Surrounding Area—Public Facility land use and zoning are necessary to allow the proposed church use. Most of this site(12 acres)was guided PF in 1996 to allow a church on this property. At that time the PF guide was determined to be compatible with surrounding single family residential development. The impacts of the proposed church development on the environment, infrastructure, land use, school system, and parks and recreation system were evaluated in 1996 when the church requested a comprehensive plan amendment for their 12 acre parcel. At that time the City determined that the proposed church use would not negatively impact any of these systems. As 003 Planning Report—Woodcrest Church August 24, 1999 Page 3 such, the current proposal, which involves adding the 1.5 acre parcel to the development site, should not have any negative impacts. The City's zoning ordinance is fairly restrictive in terms of separating uses. As such, churches are not permitted in the R-1 or A zoning districts. Therefore, the property must be rezoned to allow the proposed church use. The entire 13.5 acres is proposed to be guided and zoned PF in conjunction with the Comprehensive Guide Plan update. Site Plan—Woodcrest Church intends to begin construction on a new church next year. The initial phase would be approximately 16,800 s.f., increasing to 55,000 s.f at full build-out. The church's plans are conceptual at this time and specific development plans (e.g. grading, utilities, landscaping etc.)have not been submitted. These plans will need to be finalized with the building permit application. At that time, staff will review it to ensure it meets code requirements. Final Plat Lots—The proposed Woodcrest Church Addition final plat consists of one lot. The plat will consolidate the 1.5 acre parcel recently purchased by the church with the 12 acre parcel the church has owned for the past few years. Setbacks—Required setbacks for structures in the Public Facility zoning district are a minimum of 30-50 feet, depending on the height of the structure. Required setbacks for parking are 20 feet from a public right-of-way and 5 feet from a side or rear lot line. The conceptual site plan submitted appears to meet these requirements, except a portion of the access drive appears to be less than 20 feet from the Cliff Road right-of-way. The final site plan submitted with building permit application will need to meet all required setbacks. Grading/Storm Drainage - Storm water runoff from the site drains to the north to Pond LP-30, a wetland along the north edge of the property. Wetlands/Water Ouality—Staff will review with building permit application. This site is located within the watershed of Pond LP-30, a Class II indirect contact recreation water body. The plans submitted with the building permit application should include a stormwater pond located in the northwest corner of the site to treat runoff from this development prior to discharge into Pond LP-30. The excavation should be conducted to include a 10-foot wide safety bench just below the normal water elevation. The side slope below the bench should not exceed 3:1. The pond should have a minimum wet volume of.about 1.5 acre-feet. There is one jurisdictional wetland within the site located along the shoreline of LP-30 that should be protected by a 30-foot unmaintained buffer strip. a� Planning Report—Woodcrest Church August 24, 1999 Page 4 Access/Street Design—Dakota County will allow a single access onto Cliff Road (County Road 32) at a location directly opposite Weston Hills Drive. Utilities - Sanitary sewer and water main of sufficient size, depth and capacity are available within and along the edges of the site for connection by development on this property. Easements/Rights of Way/Permits -The existing drainage and utility easements on the property should be maintained with the development. Tree Preservation—Staff will review with building permit application. SUMMARY/CONCLUSION Woodcrest Church is proposing to construct a 55,000 s.f, church on this 13.5 acre site. The site currently consists of two parcels, one 12 acres and the other 1.5 acres. In 1996 the City approved a comprehensive plan amendment to change the land use on the 12 acre parcel to PF (Public Facililty) to accommodate the proposed church use. At this time the church is requesting a comprehensive plan amendment to PF on the 1.5 acres and a rezoning of the entire 13.5 acres to P (Public Facility)to allow the church use. The requested PF land use and zoning is consistent with the draft 1999 Comprehensive Guide Plan. In addition, a final plat is proposed to consolidate the two parcels into one lot. The proposed church use appears compatible with surrounding single family development. The conceptual site plan indicates that the site is adequate to accommodate the proposed use in compliance with city codes. Final plans will be required to be submitted and reviewed by staff with the building permit application. ACTION TO BE CONSIDERED 1. To recommend approval of a Comprehensive Guide Plan Amendment to change the land use on 1.5 acres from D-I Residential (0-3 units/acre)to PF (Public Facility)to accommodate a church use. 2. To recommend approval of a Rezoning on 1.5 acres from A(Agricultural)to P (Public Facility) to accommodate a church use. 3. To recommend approval of a Rezoning on 12 acres from R-1 (Single Family)to P (Public Facility)to accommodate a church use. 4. To recommend approval of a Final Plat (Woodcrest Church Addition) to consolidate two parcels into one lot. �v FINANCIAL OBLIGATION—WOODCREST CHURCH There are pay-off balances of special assessments totaling $64,780 on theP arcels for which the rezoning is requested. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels 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. These charges are collectible at time of subdivision or connection to the City's utility system. Consent to these charges is not a condition for approval of the rezoning. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk P.F. $1,835/Ac 8.27 Ac $15,175 Water Availability Charge P.F. $3,030/Ac 8.27 Ac $25,058 TOTAL $40,233 �� Eagan Boundary Street CentedIne Location Building Footprint KI M oil MINION `,����� �•�.;•gig �1► '�� �� � �■��I��� p �t � rFOR ���' ,�:��� mcg cv oo►���`'�/ �������� �_ WE eeIto W desQ, - _K' � e�����,o,�,00a � o oeeeee� ■ vv ��� v �� �. pv°ooh o�� o� e o d� q � � ►♦�o ©oosvo��c o�ao ;�o oD 6 ��P 1 ��j ♦����� own MEMONNE soon/ 1�1 �� ....., . MEN : _ �... 1 ��i �Vii.■::,► �� �� �■ . � �� CA Development/Developer. Woodcrest Church Addition Application: Rezoning and Comprehensive Guide Plan Am, Case No.: 1 1 . 25-CG-04-07-99 �_ _ by C �- _ �_. •. 1._ Current Zoning and Comprehensive Guide Plan City of Eaqar� Land Use Map Case No. i , 0. NI II►��i�. Current Zoning: Residential Single Family on low A■ikah■r • ���Q ■■{til/ � ��= ' � - ���� onmww �■�� --.ice• � ���: � ��j y Current Land Use Designation: D-1 WIN Single Family Residential (0-3 un Jj am Imp soon on AVO-City of Eagan 2- THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+E C"Wiisity D"qWWW D*wtrwrit The City of Eagan and Dakota County do not guarantee the accuracy of this information. S J. I■mil►'� ',� ���� � : �� ..� 612 432 3780 SENT BY: 9- 1-99 : 16:54 SEVERSON SHELDON 651 681 4694:#17/20 Page 16 . August 24, 1999 ADVISORY PLANNING COMMISSION r '' t 'C COMPREFISNIVE GUIDE PLAN AMENDMENT & RE7,ONING WOODCREST CHRUC_H Chair Heyl opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment to change the land use on 1.5 acres from D-1 Residential (0-3 units/acre) to PF (Public Facility); a Rezoning on 1.5 acres from A (Agricultural) to P (Public Facility) and on 12 acres from R-l (Single Family) to P (Public Facility); and a Final Plat on 13. 5 acres located on the northeast corner of Cliff Road and TH 3 in the SETA of Section 25. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in City staffs planning report dated August 19, 1999. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property_ The applicant was present and noted its appearance. Chair Heyl stated that she found this to be a housekeeping item for the APC. Member Anderson moved, Member Frank seconded, a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use on 1.5 acres from D-I Residential (0-3 units/acre) to PF (Public Facility) to accommodate a church use. All voted in favor. Member Anderson moved, Member Tilley seconded, a motion to recommend approval of a Rezoning on 1.5 acres from A (Agricultural) to P (Public Facility) to accommodate a church use. All voted in favor. Member Anderson moved, Member Tilley seconded, a motion to recommend approval of ili to accommodate a church ii Y is Facility)a Rezoning an 12 acres from R-1 (Single Family) to (Publ y) use_ All voted in favor. Member Anderson moved, Member Frank seconded, a motion to recommend approval of a Final Plat (Woodcrest Church Addition) to consolidate two parcels into one lot. All voted in favor. a� I I a it's I I 2 1 2 I o. 01* cf) clz X V 7 98; Ll Agenda Information Memo September 7, 1999 Eagan City Council G. TYLER JAY COMPANY(JAY CLARK ACTION TO BE CONSIDERED: A. To allow issuance of building permit prior to platting of the property. B. To waive the requirement for a Conditional Use Permit for outdoor storage. FACTS: • The subject property is located at the west end of Meadowview Road in the NE '/4 of Section 8. In the past two years, a portion of public right-of-way was vacated adjacent to the parcel, and Tyler Jay Co. is in the process of acquiring the vacated right-of-way and platting their property to include the vacated right-of-way. • Tyler Jay Company is also requesting that the City Council waive the requirement for a Conditional Use Permit for outdoor storage on this site. The CUP is necessary for the two specific tenants who are anticipated to occupy the site(Action Portable Services and Lightning Disposal),but is not necessary for the construction of the building and development of the site. The attached letter from Mr. Clark states his reasons in support of this request. ISSUES: • Tyler Jay Company is requesting that the City Council allow the issuance of a building permit prior to final plat so that they can begin construction on this site. If the Council chooses to allow construction to move ahead prior to platting, to ensure that platting does occur, the City can withhold the Certificate of Occupancy until platting is completed. • The City Code requirement for a CUP for outside storage applies to new construction, to a change in use on developed property, or for an expansion of an existing facility that has outside storage. The applicant's arguments should be used to evaluate the appropriateness of the proposed outside storage,not to circumvent the public hearing process and consequently deny public input in the evaluation of the outside storage proposed for this site. ATTACHMENTS: Staff Memo,pagesthrough I'��✓� Location Map, page Letter from Jay Clark dated August 23, 1999,pagesq�-i,';'through AO!Nn-�/ 1 MEMO city of eagan To: Tom Hedges, City Administrator Through: Mike Ridley, Senior Planner From: Pam Dudziak,Planner Date: August 31, 1999 Re: Tyler Jay Company REQUEST Tyler Jay Company has requested the Council's consideration to issue a building permit prior to platting of property, and to be exempt from the requirement for a Conditional Use Permit for outdoor storage. The subject property is located at the northwest of Meadowview Road in the NE I/4 of Section 8. BACKGROUND In the past two years, a portion of the Meadowview Road right-of-way was vacated adjacent to the parcel. The parcel is currently unplatted and is zoned 1-1, Limited Industrial. Tyler Jay Company is in the process of acquiring the vacated right-of-way and platting their parcel to include the vacated right-of-way. Jay Clark met with City staff on August 17th, at which time he was informed of the need to plat the property to consolidate the existing parcel and the vacated right-of-way prior to development. Also discussed during that meeting were the businesses proposed to occupy the site and their need for outside storage. Since outside storage requires a Conditional Use Permit (CUP), Mr. Clark was also given the application information for the CUP. The processing of a final plat can take 30 to 45 days, and for a CUP about 60 days. However, Tyler Jay Company wishes to begin construction as soon as possible. Therefore, Mr. Clark has submitted a two-fold request for the Council's consideration: • That the Council allow the issuance of a building permit for this site prior to platting of the property. • That the property be exempt from the CUP requirements for outside storage. PLATTING Tyler Jay Company anticipates the platting process to be completed sometime in the.next three to four months,but they want construction to begin sooner than that. The City has on occasion allowed for construction to commence prior to platting. In those cases, however, a preliminary subdivision approval typically exists on the property and a final plat application would already have been submitted to the City. In this case, there is neither a preliminary approval (although preliminary approval is not necessary because the property is not being subdivided)nor has a final plat application been submitted as of yet. If the Council chooses to allow construction prior to platting, the City can withhold the Certificate of Occupancy until platting is completed. OUTDOOR STORAGE CONDITIONAL USE PERMIT Tyler Jay Company is also requesting that the City Council waive the requirement for a Conditional Use Permit for outdoor storage on this site. The applicant's reasons in support of this request are stated in the letter from Mr. Clark and include that there has been outdoor storage on this site in the past, and that they will be improving the property with construction of a new facility. The CUP is not necessary for the construction of the building and development of the site,but it is required for the operations of the two specific tenants who are anticipated to occupy the site (Action Portable Services and Lightning Disposal). The City Code requires a CUP for outside storage. This requirement applies to new construction,to a change in use on developed property, or to expansion of an existing facility when outside storage is involved. The arguments presented by the applicant may support issuance of the CUP,but do not justify an exemption from obtaining the permit. The permit is required in part to provide the public an opportunity to review and have input in the evaluation of the proposed development and activity. Exempting this site from the CUP requirements would circumvent that public process and deny others the opportunity for input through the public hearing. SUMMARY Tyler Jay Company requests the Council's consideration to allow issuance of a building permit prior to platting of the property and for an exemption from the CUP requirement for outside storage. Tyler Jay Company has tenants who want to be relocated to this site before the end of the year, and they are asking the City to help expedite the development. a33 MEagan Boundary Location Map PStreet Cente arcel Area dine IM Building Footprint � +L �!a ® f v 6 e rfRs s t'a as ` of s 6 go w Sub'ect Site rFi • MOM ♦a v • ,� .ram ®� , e S `,....e s a f � t � � � ! s 11 's ro. 1000 0 1000 2000 Feet Development/Developer. Tyler Jay Company Application: Case No.: Map Prepaed using ER9 Arcilew 11. Parcel base mep irfanation provided N by Dalaota�+rtY l ab Strvey DepaUrarri and is arrest as d hrre 1999 *City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY WE Cammaany or"ropownt b"a•emant The City of Eagan and Dakota county do not guarantee the accuracy of this Information and are not responsibie for errors or omissions. S TYLER JAY COMPANY BOX 6294 ROCHESTER MN. 55903 City Of Eagan August 23,1999 3830 Pilot Knob Road Eagan Mn. 55122-1897 Re: Approval by City Council to allow Protective Inspection Department to issue Tyler Jay Company an insulated shell permit while platting is in process and waiver from having to go threw the conditional use permit process for outside storage. City Council Members: In November 1997 Tyler Jay Company and the City Of Eagan entered into an agreement to have the end of Meadowview Road vacated in order to assist us iri the development of the property ( see exhibit A enclosed ). The City Council vacated roadway and it reverted back to the adjoining property owner United Stationers. We then began negotiating the acquisition of this vacated roadway from United Stationers. This negotiation has taken an unbelievable 1 & 3/4 years to complete with this huge multi- national companies legal department. We have received the signed deed to the vacated road last Friday (8/20/99) but have not received their lender release which allow us to record the transaction. We must have this transaction recorded before we can even begin the 60 to 90 day Platt process to combine the two parcels. According to Eagan Code section 1302 Sub.3 this process must be completed before we can get any permit to start construction. The earliest we can complete the Platting process would be around Nov 15, 1999. This property is zoned correctly for our Tenant's new building and use, but Planning and Zoning has told us that we must still get a Conditional Use Permit for our Tenant's to have outside storage of their some of their equipment. The earliest date we can get Conditional Use Permit approval by the Council is Nov. 1 1999. On August I Oth Tyler Jay Company entered into agreements to relocate two businesses from South St. Paul to Eagan. These two businesses leases in South St Paul both expire December 31,1999. They have another option to lease a building and land in South St Paul but prefer to relocate to Eagan. The new businesses are Action Portable Services (portable restroom rentals) and Lightning Disposal ( roll-off container rentals). The two businesses will share the new facility bringing 25 jobs and a $400,000.00 complex to the community tax roles. We have our building ordered with delivery scheduled for October 15th and will have no problem having our plans reviewed and our building permit issued by that time and complete construction to accommodate the new businesses if it were not for two Eagan code issues. We are asking the Eagan City Council to resolve these two issues in order for us accommodate these two new businesses tight completion schedule in bringing them to the community. Issue 1: We ask that the City Council approve allowing the Protective Inspection Department to issue our building permit prior to the completion of the Platting process subject to the condition that our Platting process be completed by January 31, 2000. Issue 2: We ask the City Council to allow us to complete this project without having the time delay and costs associated with obtaining a Conditional Use Permit for outside storage. We feel this request is justified for this property for several reasons. 1) The property has had a consistent 20-year history of businesses that have all had outside storage of equipment on the property. 2) The property is at the end of Meadowview Road abutting the railroad on one side, a gravel pit on another side and two parking lots on the other two sides.( see exhibit B enclosed) 3) The property is not going threw any change of use, only a change of business which still has an outside storage of equipment requirement identical to the previous businesses that have occupied the property over the years. 4) The demolition of the old buildings this summer and the construction of a new facility have no bearing the the properties actual business use. I am hoping the City Council can address these two requests at their meeting on their September 7,1999 meeting. I will plan on attending this meeting to address any questions that the City Council may have and will anxiously await their decisions. Sincerely: J ark P ide t b ,f P P31 c1t%2 of cagan All P.PJ r?i C I't AV.'ArrD. F3 r-A?I C M Q1, I '),A ,DRA A 'vIA�,;N November 12 1997 � V. % Y MR JAY CLARK PRESIDENT T V1, TAY COP PAN E.J. VANN CV--_R0-_-KF 4M PO BOX 6294 ROCHESTER MN' 55903 Re: Meadowi4ew Road • Project 6158, Final Assessment Objection • Vacation of Road Right-of-Way Dear Mr. Clark: This letter is a follow-up to our telephone conversation of November 4 summarizing our understanding of issues and processes associated with the above-referenced items. VACATION OFMEADOVi�VIEW ROAD You had informed me that Mr. Darryl Anderstrom, General Operations Manager (681-1720) of United Stationers, Inc., has agreed to the vacation of that part of Meadowview Road west of Alexander Road and to subsequently transfer that property to you at no cost. The City will facilitate the process to initiate and complete this vacation. You will be retaining Rehder & Associates to survey and describe this public right-of-way to be vacated. Once we receive the description, we will prepare the vacation documents and obtain MT. Anderstrom's signature. You will proceed with whatever process is necessary to transfer fee title of this vacated Tight-of- tc, you. In addition, the City will vacate the public Toad rights from the recently acquired street and utility easement from your property (Parcel 020-04 in Section 8). With both, _va,cations, the City will retain drainage and utility easements with related rights-of-access to operate and maintain said utility system. 1!ROJECT 617R.ASSESSMENT OB TECTION In consideration of the above public right-of-way vacation and transfer, you have agreed to remove Your objection Icction to the special assessments levied under Project 6158 on October 7, 1997. In consideration of withdrawing your objection to these spcQial assessment-,, the City will waive the application fees and absorb internal costs incurred in processing these street vacations. MAINTENANCE FACILITY MUNICIPAL CENTER Ti I[LONE OAK TRIC 363C,--Ik.1.0 :Z4,D 1 HE SYMBOL 01-STRENGTH AND GROWTH IN OUR COMMUNITY PH0N1 (tJ2)(p Affunicifive.Action hTq.*)Ic)Ve.r FAX (6'Z";c"l 4,- P� Page 2 LOT COMBINATION/PLATTING In order for you to proceed with the redevelopment of the property as preliminarily discussed at the October 22 meeting, you will need to check with the Planning Department regarding the lot combination/platting requirements as well as any conditional use permits, setbacks, lot coverage, etc., associated with your proposed use. Mike Ridley, Senior Planner, can assist you in that process. If I have misinterpreted any aspect of our discussions as summarized in this letter, please let me know so that we can maintain an accurate record and full understanding of these issues. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC/j Cc: Russ Matthys, City Engineer Mike Ridley, Senior Planner Tom Hedges, City Administrator 3S' Jl�l IZ WZADOW -- 41''`'' f - --- --_ - •U hs• "J Pir; M` � _ I�LE�` � rv�tlV r 04? ti l r 03 6516814612 CITY OF EAGAN 6516814612 08/18 '99 11 :42 NO.710 02 540.00 per license —L_New , _Renewal CITY OF EAGAN 3820 PILOT KNOB ROAD EAGAN,MN 55122-1897 APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS Applicant Walgreen Co . Birthday Resident Address street city state zip Business Address 4220 Lexington Ave . Eagan MN 55123 street city state zip Home Phone Business Phone' Business name in Eagan where tobacco is to be sold Walgreens #05081 Business address in Eagan where tobacco is to be sold-4220 Lexington Ave . , Eagan, MN 55123 Y—OBACCO PRODUCTS TO BE SO .n: (Check all that apply) X Cigarettes,cigars and other smoking tobacco X Snuff,plug and other chewing tobacco Clippings,cuttings and sweepings suitable for chewing or smoking X Pipes and other tobacco related devices Cigarette papers and wrappers PACKAGING OF TOBACCO PRODUCTS TO BI' SOLD-. (Check all that apply) X Individual pack or can X Two or more packs or cans packaged together X Full cartons LQCATION Or TOBACCO PRODUCTS W TITIN BUSINESS (Check all that apply) X Self-service merchandise X Over-the-counter Accessible to store clerk only SEPARATE LICENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH FIXED PLACE OF BUSINESS. TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND IS GROUND FOR SUSPENSION OR REVOCATION OF LICENSE. I (WE) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNEOSTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE 8/18/99 ALMHORIZED SIGNATURE Tax Manager . FOR OFFICE USE ONLY City Council Approval Date 'Date Issued i CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122-1897 PR MIT APPLICATION TO OPERATE MOTORIZED GOLF CART r / Applicant Name: ` Nome Phone No. ✓� 9�S ! Address: Name of person with impairment If not applicant: Address of impaired person: Make,model and ID No.of golf cart: Provide a certificate of a licensed medical doctor,which states that the supplicant, If such applicant is a person with a mobility Impairment, Is able to operate a motorized golf cart. Provide a certificate of insurance covering liability in compliance with MN Statute 6513.41 - 656.71. Provide further information as the City deems necessary upon the request of the City. CONDITIONS OF PERMIT: * Permit applies to one person and applies to that individual and not the motorized golf cart. * Only the person to whom the permit was issued shall operate a motorized golf cart. If the person assists an impaired person, the person with the mobility impairment must be present in the golf cart. * Permit holder must carry valid permit at all times. * Permit holder must operate on designated streets only. Any crossing of prohibited street must be made at marked intersection. * Permit holder must comply with state statute governing operation of motorized golf cart. * Speed limit for motorized golf cart is 25 mph. * Permits are non-transferable unless application for transfer is approved by City Council. * Motorized golf carts may not be operated on any sidewalk,trailway, path or other pedestrian walkway within the City. The permit may be refused if the application is incomplete or contains false statements; The applicant has not complied with ordinance requirements; or the applicant has been convicted of a violation. Any violation of conditions of permit,or any misdemeanor or petty misdemeanor conviction of permit holder Is grounds for revocation. I certify that 1 have read the application form to operate a motorized golf cart 1 understand the conditions of license and have provided Information that Is true and correct to the best of my knowledge. Si nature of Applicant20 40:�" a /999 9 APP Date ----------------------- FOR CITY USE ONLY Police approv r r . Date: CY� 1 3 C•\TA Sign*ure - City Council Approval: _ Date: Sinnathue MID-CENTURY INSURANCE COMPANY N4•:' Coverage Address Chg. of Rein- Business ❑ Change ❑ Change ❑ Rec. Veh. ❑ statement ❑ 1. Named MICHAEL D. KROLICK 1 Insured & 1059 HUMMINGBIRD LANE Prematic Acct No. SEE Eoo22) - Prod. Count Address EAGAN, MN 55123 13 05 322 N70075 74 45 A ent Policy Number 2. Policy Period From: 9 8 97 To 9 8 98 at 12:00 Noon(12:01 A.M. in California, Nebraska, Oklahoma, Oregon and Virginia) Standard Time at the address of the Named Insured. Policy periods begins from time applied for. If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to the end of the current policy period or else this policy will expire. 3. Lay up provisions. If a box is "X" 'd below, only Comprehensive(not including Collision) applies during the period indicated. ❑ Three months from to ❑ Six months from to ® No lay up provision 4. We provide insurance only for those coverages indicated below by a specific charge or other notation in the "PREMIUM'' column. PREMIUM COVERAGES LIMIT OF LIABILITY $ 12.00 Bodilv Injury and Prooerty Damace Liability 100 000 each accident $ 3.30 Uninsured Motorist Underinsured Motorist in Wash. 25 000 A.ch. s 50 000 Ji h.n, $ Medical ExDense $ each person $ Comprehensive a. on described vehicle(s) ACTUAL CASH VALUE LESS $ 250 Ded $ (incl. Collision) b. on Trailer(s) ACTUAL CASH VALUE LESS $ Ded $ c. on Sleds ACTUAL CASH VALUE LESS $ Ded. $ 26.50 Total DISCOUNTS $ Service Charge ❑ Depreciation Discount $ Pro Rata Premium: Due Credit ❑ Snowmobile/Homeowners $ Previous Balance Discount (in applicable states $ 25.00 Cash Received $ Other Credits $ NIL -4 BALANCE DUE $ -4REFUND DESCRIPTION OF INSURED PROPERTY Described Rec.Vehicle: YR. 92 MAKE&MODEL CLUB CAR H.P. OR CC's VIN NO. //880 Trailer: YR. MAKE VIN NO. Sled: YR. MAKE&MODEL H.P. OR CC's VIN NO. Subject to the following Forms and Endorsements S1304 (Loss Payable Clause on reverse side) Mortgage or Other Interest LOAN NO: c oe Countersigne Authorized Representative 56-5009 595 t�5t (OVER) a-97 125 Bloomington Lake Clinic, Ltd. 3017 Bloomington Avenue South Minneapolis,MN 55407.1771 Phone:(612)721.6511 Fax:(612)721.0239 1150 Centre Pointe Curve Mendota Heights,MN 55120.1264 Phone:(651)4544939 Fax:(651)454-1757 August 16� I, 1999 7901 Xerxes Avenue South Bloomington,MN 55431-1253 Yom.: Michael Y o l i ck Phone:(612)88&2024 Fax:(612)888-3985 i s Whom. It M y Concern: FAMILY PRACTICE John R.Bjorklund,M.D. Benjamin J.Boardman,M.D. 'fir, Yioly ck r@ ests th.t We Write another let.}'- F''r t0 `� } Ahmad W.K.Dajani,M.D. t" `�` _ Ea,,a : c i�-y Linda K.Ferrario,M.D. officials subsequent to speci---! permission to continue driving his Kenneth C.Haycraft,Jr.,M.D. Laurel L.Haycraft.M.D. gc'lf cart from home to the golf course. Mr. Krol.ick has incurred Walter A.Hinck,oto,M two myocard L infarctions and has had cardiac bypass surgery. Timothy S.Komoto,M.D. p l y. Robert W.Olson,M.D. ln'•t?a' infarct. was in 1981. With cont nulll'ti a?'i s`Y :�3i :,VT'.r terra+C .'Jgy. Kirk W.Simpson.M.D. Lisa G.Soldat,M.D. A recurrent- myocar' gal i^farction Occurred in 1994. An angiolgram James K.Struve,M.D. �..�,, a �i +-7.,r n �r - ,� �r r heart o j-:e �-� 1 .MichaelR.Zuckman,D.O. eal`_3 ter: e._- es3el cJ�Onar heat diseas�._, and e rentua_.t,y did Katherine J.Huntington,P.A.C. . on h v rr i tt under-go coronary �DaS5 $u��e��7 1 February uarV O.. 1994. N2 also has a Elizabeth M.Stoebe,P.A.C. 7., Barbara A.Thomas C.N.P. history Oi �';`;r*7 f?"te:IS Ion and 1;^n-i n$uiZ% t~�•.•} diabetes. Lj Daniel C.Conlon, M.D.Emeritus t�-� 1�-` ,-y�•.P�.ri..t.... ia.ce•_.,� i.e reLues tel! lam be a,loWe3 to continue to drive his golf f cart- fr , his INTERNAL MEDICINE home to Carriage :Tills Golf Course, Which -S a total O;-- 0.3 m.4 e3. Mark Edward OL.Robson,bson M.D. Attention to this patient's request will be mUSz. Ep recia-eu. Michael W.Stenwick,M.D. OBSTETRICS AND �'i '�ere i y, GYNECOLOGY Gerald J.Cunniff,Jr.,M.D. Carrie Ann Terrell.M.D. 1 Dirk J.A.Van Oppen,M.D. Kathryn S.Lindquist,C.N.M. ?.D. SURGERY G,-Mali v Practice Michael A.Schaal,M.D. Herman J.Saul,Jr.,PACSA U)/sIr, CARDIOLOGY CONSULTATION Thomas F Cheng,M.D. GASTROENTEROLOG'V CONSULTATION James P Kromhout,M.D. NEUROLOGY CONSULTATION Bruce D.Snyder,M.D. OPHTHALMOLOGY CONSULTATION Jane H.West.M.D. OPTOMETRY CONSULTATION Mark A.Torgerson.O.D. ORTHOPAEDIC CONSULTATION Mark A.Heller,M.D. Michael J.Nemanich,M.D. Owen R.O'Neill,M.D. RADIOLOGY Surburban Radiologic Consultants ADMINISTRATION Robert M.Vogel Serving Since 1930