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11/01/1999 - City Council Regular AGENDA 3j EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 1,1999 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) A. CONSIDERATION of moratorium extension Cedar/Hwy.13 Redevelopment Study Area/consider direction to prepare information regarding redevelopment costs and use of TIF B. RESOLUTION to seek Crime Prevention and Intervention Grant V. CONSENT AGENDA(PINK) A. PERSONNEL ITEMS B. RESOLUTION calling for a public hearing on a proposal for an assisted living facility project and a proposed housing program—Dakota Communities,Inc. C. FINAL PLAT,Aurora Investments,LLC for Ballantrae 2nd Addition D. FOOTING and FOUNDATION permit,Gopher Eagan Industrial Park 6th E. IMPLEMENTATION of the Comprehensive Guide Plan Amendment and Rezoning for Woodcrest Church F. IMPLEMENTATION of the Comprehensive Guide Plan Amendment and Rezoning for MVTA G. EXTENSION for recording the Final Plat,Stark's Addition H. RECEIVE petition/order public hearing—drainage&utility easement vacation(Gardenwood Ponds 4th) I. RECEIVE petition/order public hearing—storm sewer easement vacation(Brookstone Amcon 1st) J. RECEIVE petition/order public hearing—drainage&utility easement vacation(Kingswood Pond 1st Addition) K. PROJECT 96-CC,acknowledge completion/authorize City maintenance(Majestic Oaks—Street& Utilities) L. PROJECT 97-C,acknowledge completion/authorize City maintenance(Lexington Pointe 12th Add.—Street&Utilities) M. TEMPORARY On-Sale Liquor License for YMCA and request for waiver of license fee N. SUPPORT application of a Metropolitan Regional Arts Council grant O. ADOPTION of resolution consenting to the transfer of,control of and certain ownership interests in a cable television franchise to AT&T Corporation or affiliates thereof P. APPROVE agreement and acceptance between AT&T,MediaOne and the City of Eagan as it pertains to the transfer of control 0 LICEN57.RENEWALS for the year 2000,trash hauler,tree contractor and tobacco licenses VI. 6:45-PUBLIC HEARINGS(SALMON) A. CERTIFICATION of delinquent utilities B. VARIANCE,Brandt Engineering,to allow an 8 foot Variance to the 30 foot setback requirement from public right-of-way for a single family residential property,legally described as Lot 15, Block 1,Gardenwood Ponds 3rd Addition,located at 882 Oak Court in the NE'/of Section 23 C. VARIANCE,Brandt Engineering,to allow an 8 foot Variance to the 30 foot setback requirement from public right-of-way for a single family residential property,legally described as Lot 8,Block 2,Gardenwood Ponds 4th,located at 3877 Big Timber Trail in the NE 1/4 of Section 23 VII. OLD BUSINESS(ORCHID) A. FINAL SUBDIVISION,Heritage Development for Cherrywood Knoll B. OFFICIAL MAP(Northwood Parkway) VIII. NEW BUSINESS(TAN) A. CONDITIONAL USE PERMIT—SS Martha&Mary Episcopal Church,to allow a pylon sign for Lot 1,Block 1,Episcopal Church Addition,located at 4180 Lexington Avenue S.in the SW 1/of Section 23 B. REZONING-Rocco&Dianne Altobelli,of 11.47 acres from A(Agriculture)to R-1 (Single Family)to allow reconfiguration of four unplatted lots into two single family lots,located at 1300 Deerwood Drive in the SW 1/4 of Section 22 C. INTERIM USE PERMIT-Wal-Mart,to allow temporary outside storage on Lot 1,Block 1,Town Centre Eleventh Addition,located at 1360 Town Centre Drive in the NW V4 of Section 15 IX. LEGISLATIVEIINTERGOVERNMENTAL AFFAIRS UPDATE(GREY) X. ADMINISTRATIVE AGENDA(GREEN) XI. VISITORS TO BE HEARD(for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs,services,activities,facilities and employment without regard to race,color,creed,religion,national origin,sex,disability,age,marital status,sexual orientation,or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received,the City of Eagan will attempt to provide such aid. Updated 10/28/99—12:10 p.m. MINUTES 0$-X3V9C--MU ' ING OF THE -MGAN CITY COU1 L Eagan,Minnesota'" .October 19,190,.:: A regular meeting of the Eagan C€ !<;. piAi; ii on Tuesday,October 19,1999 at 6:30 p.m. at the Eagan Municipal Center. Presentwere IVYaY i wada and Councilmembers•Masin, Blomquist, Carlson and Bakken. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert,and City Attorney Jim Sheldon. ........................ ......................... City Administrator Hedges stated that 4 n to scOle a Special City Council meeting on Novembei 1 to consider a presentation of the Coiuiinunity FaMes Land Acquisition Task Force would be added to the Administrative Agenda. Mayo;::&Wada not� fhat the c hearing on Project 784, Louis Lane(Street Improvement)woulA-4W-C biUk -fAC• ','€i�'90 days. Councilmember Carlson questioned how the continuance would; ert�liie futiion for Cherrywood Knoll. City Attorney Sheldon stated that the application for final subdivision is complete except for the condition requiring access to Highway 55 via Louis Lane. He added that if the Council takes action to continue the Louis Lane public hearing, the application should be denied or the developer could agree to a continuance of the final subdivision to coincide with the Louis Lane public hearing. The applicant for Cherrywood Knoll requested the CougO act on the final subdivision application. Councilmember Bakken moveiJ;''dfiia.seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 1TE53F THE S SPECIAL ME�"III�Cs .....:.:. ........ .. ......... ...... X41;%... ..�,.. ......... ............ ......... Councilmember Bakken move tjf 'kwada.seconded a motion to approve the minutes as presented. Aye: 4 Nay: 0 (Counciihber Blomquist abstained because she was on vacation at the time of the September 23 City Council meeting.) ..... ............................................ ....................................................................I...... ............ ..................................... ............... .............................. ........................................................ GNU T 5£ fJCTOBER��1499 .6c 1v E'T T Councilmember Bakken movei;:.;23 i-%JM-6 n seconded a motion to approve the minutes as presented. Aye: 5 Nay: & •..... �ECI�tTIE r $ AT{31 PRESENTATION OF POLICE DEP;MTMENT-:CfiTIZEN COMMENDATION City Administrator Hedges provided an overview on this item. Acting Police Chief Swanson commended John and Karen Flood on finding and turning in$3,500 to the Police Department. He noted that they were not present at the City Council meeting to be formally recognized. He then presented citizen commendations to Patrick Schmitz,Mark Nowlin,Reel Kent,Chantel Castile,Lerone Adams and Symone Blomlie, Mayor Awada commended all the re* p?nts for their heroic actions. PRESENTATION OF CE*$"� ;?$:.W.- CIATION TO OUTGOING ........ .. ADVI� iff- 91 '��BERS City Administrator Hedges provided an overview�i#i:dus item. He noted that Jeff May of the Burnsville/Eagan Telecommunications Commission and Susan Bast and Ron Moening from the Solid Waste Abatement Commission were leaving the commissions due to various business and personal reasons. He thanked them for their community service and said that,although they were not in attendance, their certificates would be sent to them. EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 19,1999 PAGE 2 > E13 �1+ r x> ss RECOMMENDATION,AIRPORT E-.%% MA Z ISSION,TO PROVIDE COMMENTS NOT SUPPORTIVE OF A PROPOSED MENbD''A HEIGHTS TOWNHOME=DEVELOPMENT IN NOISE ZONE 3 City Administrator Hedges provided an overview on this item. Councilmember Bakken said tliaf'�{e'was:eiithe City of Mendota Heights would use the townhome development to justify a shift of ai.,Wfic fury south into Eagan. He questioned if the Council could take an additional step to indicate, t they dq 1wt have a problem with the development as long as Mendota Heights would agree to sign': isethingi ng that they would not use that particular development as a claim of in""' : ir:"' i;':-Mibution. Assistant City Administrator ..... ....., Verbrugge stated that the Airport RelatioliS'Mmmiss'iiW� ted to be on the record stating that this development should have no bearing on the future discussions of the corridor. He said that the ARC determined that MASAC is probably the appropriate arena to have such a discussion. Councilmember Blomquist concurred with Councilmember Bakken s concerns and suggested that a letter.also be sent to the MAC and•.khe Metropolitan Council expressing the City's concerns. Assistant City Administrator Verbrug&. $Ma-kbAt.the Metropolitan Council is copied on the letter to be sent to Mendota Heights. He stated that tY+ ttssed notifying the MAC regarding the City's concerns. He further stated that he and the Qity X* for of Mendota Heights determined that the two cities need to continue the relationship Q has been die*44ped over a number of years and discussed plans for getting the two Airport MakipFcifiis`tons together prior to bringing this issue to the MAC. Mayor Awada asked aboVt.t1%:*.4A:..-an il's position on the townhome development. Assistant City Administrator Verbruggt it was his understanding that the Met Council Housing Division has taken a favorable position toward this project but the Aviation Department is questioning its location. He added that the development meets a number of the criteria that the Met Council has established for housing projects. He mentioned that despite the fact that notice is given on the property deed that the townhomes are located in a noise zone area residents will complain once they realize the level of noise impact. He staledthat,thq greatest concern to the City of Eagan is the corridor. Mayor Awada said that she would lik : oi (4tRt+ aiB# relationship with the City of Mendota Heights and stated that she does not wthat will affect their planning. Councilmember Bakken moved,Counc" ber Caj�%n seconded a motion to approve comments stating certain objections to the City off: ndotaghts Minor Comprehensive Plan Amendment for the Hoffman Homes 46-unit August Shoresnhome development. Aye: 5 Nay: 0 Councilmember Masin stated that she attended a forum sponsored by the Twin Cities Airport Task Force. She suggested meeting with the ARC and EDC to discuss some of the issues. With regard to the Cedarvale Study,Councilmember.:A4asin said that she thought the Council had wanted the Cedarvale Task Force to make a recommenljon without interference from the Council. She further said it was her undVot4nd}n,that the Council specifically did not appoint a Council liaison to the Task Force to en's ; t© DttSifi "ber would exert undo influence. She added that on two separate occasions l�i�tyttt i# taletei��that objective. She said that it was also her understanding that Mayor Awada appeared before the.Taslc Force at one of their initial meetings So provide background on herself. She further said that the lei iir-addressed to the Chair of the Task Force is appalling because Mayor Awada gave specific statementit9intifying what the Council wants and does not want to see as part of their recommendation and she also told them the type of financing to consider. She said she thought the Council was going to wait until they had the finished study before giving personal opinions. She stated that the Mayor should have shown the letter to the Council before sending it to the Chair. She added that since the City is spending close to$100,000 for this study it deserves a recommendation from the Task Force that has integrity. She further added that Mayor t EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 19,1999 PAGE Awada's actions have tainted the proce'gS and the product. S1ie'asked if Mayor Awada gave her personal opinions to the consultant and:#; he had negotiat}bi.4;vith specific developers or,brokers regarding the Cedarvale area. Councilmember Bakken noted that thi��3a's'not scheduled on the agepda and requested that in the future the Council should be provided the courtesy of having such items placed on the agenda. Mayor Awada said that the letter she wrote to the Chair of the Task Force did request that a financial analysis be performed before the study is presented to the Council so they will know if the project will cash flow. She added that,fq: c_ i io kxe%y est was appropriate. She stated that she has not been talking with developers. :j((e"d- .Aas talked to Mark Parranto and Mark Ulfers, of the HRA,regarding the possibility of a:Vts ect in th&rea. Councilmember Masin stated that Mayor kWada's letter referenced the placement df an office lidding at Silver Bell and that consideration is being given to a community center at another t'on. S1f9.f; iterated her understanding that the City Council was not going to interfere wi g g thtZiQ;TaSk:f t , Ma �Awada said she did not interfere but rather asked for additional info rmatiorf*-A t,, ei 10156 i]iquist said that it was her understanding that this project was designed for the Task Force and the Council had agreed they would not provide any input until the study was complete. She referenced a newspaper account regarding increased density and the displacement of 60 businesses. She said that this was not discussed at the public meeting. Assistant City Administrator Verbrugge explained that the Task Force has developed a three- phase concept,which presents a global and comprehensive approach to redeveloping the entire area. He added that this concept was presert :4L�the open house held on September 23,1999. He noted that as part of the three-phase concept, as w %AY: edeveJ9pment project,business relocation is probably a necessary step to accomplish the Task Force''s'go2tls : d that the fate of the businesses to be relocated is unknown at this time. He addecjf$at the guiiiel e�from the Task Force is that they want to support,as much as possible, the existing buMesses.;?ti:%fte;. 5lrict. He said that whether that means keeping the businesses in the redevelopme�€c151 *kW.Tether it means making the relocation process user-friendly has yet to be discussed bYr *%%*ii c'1~orce and will be included in the final report. Councilmember Bakken said that is was not unreasonable to request that all the members of the City Council exercise foresight and provide the other members with the courtesy of scheduling items on the agenda. He added that last minuteitems could also be added at the time the agenda is adopted. He expressed frustration at the amount of time wasted with personal items that are brought up at the last minute as abroad side-attack. ?Here � s}r�lr behavior out of order.ti ?; Councilmember Masin requested to make•R•urotion.;,Iayor Awada called the motion out of order. Councilmember Masin said that she woulo%ke to rest an additional point of clarification. Mayor Awada stated that she could discuss it undijZ Visitori:;t:b Be Heard at the end of the agenda. E .A WNSE TN ' ..................................................... ..................................................... A. Personnel Items Item 1. It was recommended to approve the hiring of Ryan; urelly and Melissa Smith as seasonal skate guards at the Civic Arena. Item 2. It was recommended to apprct :cit:M :Froelich.and Kimber Hartley as seasonal skating instructors at the Civic Arena........... Item 3. It was re6e5nmended to approve the hiring of Chelsee;Crouch and Steve Dykstra as seasonal' Civic Arena supervisors. Item 4. It was recommended to reappoint Assistant City Administrator Duffy as the City of Eagan's community partner representative to the National Organization on Disability. B. Final Subdivision,Rock Cliff Development, LLC for Northwoods Business Park. It was recommended to approve a Final Subdivision for Northwood Business Park to create one lot and one i EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 19,1999 PAGE X. outlot on approximately 24 acres locatk:horth of Northwoo&*P*arkway and west of Lexington Avenue in the SE 1/4 of Section 10. C. Final Subdivision,S. K. Swenson Inc t4i: ' lacX cond Addition It was recommended to approve a Final Subdivision for Majestic OA!2i' :i i' fion to create seventeen lots',on 9.6 acres located north of Cliff Road and west of Hwy.3(So.Robert Trail)in the SE 1/4 of Section 25." D. Subgrantee Agreement,1999 CDBG Program with Dakota Count, HRA. It was recommended to approve the Subgrantee Agreement for•khe.: 99,.9;G1?P :FrRgrx►with the Dakota County HRA. E. Contract 99-03, approve Change Order No2*--Y .,eWbo s e Reservoir(Trunk Water) It was recommended to approve Change Order No.2 td ifontract OF-6(Yankee Doodle Reservoir-Water Reservoir Improvements)and authorize the Ma `and City.; rk to execute all related documents. F. Order public hearing,public right-o% atiiitt;,C#i� iley Memorial Highway-iohn T Young) It was recommended to schedule a public hearing to l e'Ma on November 16,1999 to vacate a public street right-of-way on Old Sibley Memorial Highway. G. Project 766R-A, ap rp ove right-of-way greement (Lillian Bratland). It was recommended to approve a Right-Of-Way Agreement for Project 766R-A(Lexington Avenue &Wescott Road-Traffic Signalization)with Lillian Bratland(PA k I. -01400-030-53)and authorize the Mayor and City Clerk to execute all related documents. H. Renew snow removal contractual servic&;,-1999-2bdI1'''Tf was recommended to approve an amendment to the existing contracts for sno ;zemoval.¢di:a :with Kieger Enterprises and Gallagher's Inc.,for the 1999-2000 season. I. Declaration of surplus property,se i'iifility maintenance equipment. It was recommended to declare sewer utility maintenance equipment#221 and#224 as surplus and authorize its disposal. J. Reschedule public hearing, certification of delinquent false alarm bills-November 16 1999. It was recommended to reschedule the public hearing from November 1,1999 to November 16, 1999 to consider the final assessment of the del3ftt: gxx�n b and to certify them to Dakota County for collection with property taxes. K. Service station license, Kwik Trip located at 31V-Dodd Road. It was recommended to approve the service station license for Kwik Trip located at 31''tx�'•,�odd L. Exemption from lawful gambling license, Burnsville Rotary to conduct a raffle on December 4 1999 at Royal Cliff. It was recommended to approve an exemption from the lawful gambling requirement for the Burnsville Rotary for a raffle to be held on December 4, 1999 at Royal Cliff located at 2280 Cliff Road in Eagan. Councilmember Bakken moved, CouncilmemberCBbn seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 ... PROJECT 75$ FINAL ASSESSMENT HEARING,SIpEEY HEIGHTS (STREET OVERLAY) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. No one was present to speak at the public hearing. Councilmember Bakken moved, Councilmember Carlson seconded a motion to,approve the final assessment roll for Project 758 (Surrey Heights Drive-Street Overlay)and authorize its certification to Dakota County for collection. EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 19,1999 PAGE Mayor Awada opened the pub"aring to anyone:? 8hing to speak. There being no one,she closed the public hearing. Councilmember Masin stated that she•i�3�ifil'c�''$i3 voting against this item because the evaluation process regarding the City's assessment policy has not been completed. Councilntember Blomquist expressed concern about notices being sent to the homeowners association instead of to the property owner. Director of Public Works Colbert explained why notification is sometimes sent to homeowners associations versus individual propertyg :; A vote was taken on the motion.Aye: •3. y:• •2 (Ct ci]members Blomquist and Masin opposedl' PROJECT 757,FINAL ASSESSM ,A*fVIEW ACRES (STREET OVERLAY) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. No one was present to speak at the public hearing. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the final assessment roll for Project 757(Ridge View Acres-Street Overlay)and authorize its certification to Dakota County for collection. Mayor Awada opened the public hearing--ft;Rfi�—..yvishing to speak. There being no one,she closed the public hearing. A vote was taken on the motion. ouncilmembers Blomquist and Masin opposed) ' PROJECT 755,FINAL ASSESSMENT HEARING,MEADOWLAND 1ST ADDITION (STREET OVERLAY) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Carlson moved, Councillftnber Bpi kn seconded a motion to approve the final assessment roll for Project 755(MeadowlancJi6t Ad4an-Street Overlay)and authorize its certification to Dakota County for collection. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one,she closed the public hearing. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Blomquist and.Masin opposed) PROJECT 761,DUCKWQOD DR1Vl;':(5'TREET OVERLAY) City Administrator Hedges priitem. Director of Public Works Colbert introduced Craig Ebeling,representing the consult tgr:firm of Howard R.Green Company,who provided additional details about the project. Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing. EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 19,1999 PAGE Councilmember Bakken moven;&ayor Awada seconded a motion to approve the final assessment roll for Project 761 (DuckwgCc .Drive-Street Q. ay)and authorize the preparation of detailed final plans and specifications. Councilmember Masin said that since�fte 'd3tiiation of the appraisal process has taken longer than anticipated she would vote in favor of the feasibility report as long as staff thinks the projects are important and there is enough money in-house to cover the cost of the project. Councilmember Blomquist raised questions about the assessments to the Forest Ridge and the Crossroads of Eagan apartment complexes. Director of Pub43?:XJ9ke:CpJ)e *ed how the assessments were calculated. . A vote was taken on the motion. Aye: 4'Nay: 1 (Cdtif►cilmember Blomquist opposed) VACATE#? $Zr# �S' T.AUGHT-OF-WAY (OLD SIBLEY MEMO A :3 fGk- :HWj �MUSSES 2ND ADDITION) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Bakken moved,,Councilmember Carlson seconded a motion to approve the vacation of a portion of public street rt"M' fowv y on Old Sibley Memorial Highway and authorize the Mayor and City Clerk to execute all relecl:tt+ ts. Mayor Awada opened the public hung to hing to speak. There being no one,she closed the public hearing. A vote was taken on the motio"�*':.:.A.j:* '*5'Nay: 0 PROJECT 784,LOUIS LANE(STREET IMPROVEMENT) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report and said that upon further review of the feasibility report, and after a meeting with the neighbors,staff notegii2. E385> ?a2 could be better addressed with a continuation. He further said that staff'coW*iiAi;ir•ess&-&assessment policy based on current land use versus future Comprehensive Guide Plan as 0*03 as a pc tial lot equivalency of an undeveloped parcel. He suggested the project be continued fo . to threethonths and that staff be directed to proceed with formdl appraisals to determine the#g'skl of be }T. Mayor Awada moved, Councilmember Carlson seconded a motion to continue the public hearing for Project 784 (Louis Lane-Street and Utility Improvements)to the January 18,2000 City Council meeting and authorize staff to prepare appraisals. Councilmember Masin questioned the contract the iaafs have with the City stating that no road is to be built until the Schaafs so request it. Director o-. blic Works Colbert explained that an easement was conveyed for street purposes in 1970 and corit�a'ined the restriction that no road improvement would be commenced u AE, operty owner. He added that the City does have certain rights but it is not ce. g21#sicfend to a full public street improvement as is being proposed.-Ile further added that an appraisal on 1 value will determine to what extent the City is obligated fo purchase those additional rights to a]14..Tis project to proceed. A vote was taken on the motion. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 19,1999 PAGE ..... ..... FINAL SUBDIVISION,HERITp.U.YELOE1Tf FOR CHERRYWOOD KNOLL X. Senior Planner Ridley noted that conditioil7 of the subdivision approval states that prior to the applicant receiving final subdivision approval the City Council must have approv4d an improvement project for the connection of Chapel Lane to Highway 55. He noted that since Project 784 was continued the subdivision does not meet one of the conditions of approval. Councilmember Carlson movecf,•� ati,4i# i #: c seconded a motion to open the item for discussion. Aye: 5 Nay: 0 .• _•. The applicant discussed the yearlong pr9i:W they Wftone through in attempting to get the subdivision approved. He said they wexeZa.t6eayment of$46,000 of assessments by a Letter of Credit. He further said they wie'williiig:;p. e to a two-week continuance but would not be agreeable to a 90-day continuance. He added that they have tried to purchase property from Frank Huml to accommodate the road and are still willing to negotiate with him. He said that the Trunk Highway 55 Study indicates that Louis Lane is the best option for access to Highway 55. He stated that this area needs more than one access and the road needs to be constructed regardless of the development. He said that the final subdivision should not be held up by the continuance of Project 784. Mayor Awada concurred with W. t it was not appropriate to delay the final subdivision because of the road issue. Councilirieiiiiei:$tcjrgn questioned if the subdivision could be approved with the deletion of condition 11. fC yor Awaiia s4g;ested the condition be changed to reflect that the applicant will put up a Letter Qt.g ,t�iing$46,000 for the road improvement. City Attorney Sheldon said that since the pxd tsSR 3%diiis•Lane was not approved the property is not in a position to develop. He said there i : vidence on the record that the City is within in its rights to require the access to Highwae further added that if the City Council determines that it would be appropriate to allow this development they could amend or delete the requirement of the access to Louis Lane. He expressed concern with the applicant's action of removing some of the requirements in the development contract regarding his responsibility for all the assessments levied by the City. He said that this is very standard language that is required in all development contracts and said the provisions should be reinsertei ::: David Albright,legal counsel for the applj�t,stated-that the deletions were made with regard to the applicant waiving his right to provide inputi, or;t ect to whatever dollar amount of assessments were placed upon the property. He a d that�$phcant does not have any objection to paying their portion of the assessments but they ciafot wish {i;:ivaive their rights to object. City Attorney Sheldon said that the City has a good history of estiWRshing projects and determining fair and reasonable costs and assessing them. Mayor Awada said that it would be wrong to hold the applicant up for 90 days becajuse of an internal battle about assessments with the Council. She sugmsted that condition 11 be deleted and also said that the applicant should agree to a financial commitm9 ;.The applicant said that they would like to be heard with regard to Louis Lane. Councilmember.Carlson concuii ;Lq#l;#i:# p : �ii- She questioned the 60-day agency action rule. She suggested this application be continued for two weeks to ensure that the development contract is in order." Senior Planner Ridley said that the final subdivision is not a zoning action and said that it would not be subject to the 60-day requirement. City Attorney said that if the applicant is willing to agree to a continuance that would be acceptable. The applicant requested a two-week continuance of the final subdivision. EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 19,1999 PAGE Councilmember Carlson moved;: ouncilmember BA &seconded a motion to remove condition 11 of the preliminary subdivi*Q subject to the aQpriate financial guarantees as determined by staff for the future Louis WP.-:project. Councilmember Masin referred to tl;( &&4 P:viiitl the Schaafs. Director of Public Works Colbert stated that the easement will need to be acquired from the Schaafs and the humis. Councilmember Blomquist questioned if the easement could be obtained from the Huml property. She further questioned if ther$..We4wible;alte�tivas to construct Louis Lane other than throught the Schaaf property. Directoroi: ;icl;tS# 3e' aid that alternatives could be investigated during the preparation of the feasibili; c; eport. A vote was taken on the motion. Aye: 5:;Xay: 0 X.:... Councilmember Bakken moved� ig ef>; ided a motion to accept the applicant's request for a two week continuance of t'Eie Final SubdivisiiSii(Cherrywood Knoll)-Heritage Development to the November 1,1999 City Council meeting. Aye: 5 Nay: 0 The attorney representing the Schaafs requested the record show that Mayor Awada did not accept public comment on this item despite his request. Mayor Awada said that since this was not a public hearing,public comment was n*.:]*VP required. She added that the motion on the floor pertained to the final subdivision and riit; q ;I;alae or the Schaaf property. The attorney added that approval of the subdivision and removal of cditt3s q?i .::?K'U affect the property owners bordering Louis Lane. He further added that the assessmentsltvill be Iargi'fo the Schaafs than to the developer. Mayor Awada said that the need for access to Highw y 55 is:pok&.V? per-driven. She noted that the developer needs to resubmit the developmefi6o-Mf i##i tfie correct language. She further noted that the amount of the financial obligation,4-0:3�*:4i; ts'seil with staff. The attorney requested to be made aware of the results of the discussion bfiY�Vffi the developer and staff. Director of Public Works Colbert said that the developer's obligation will not change the financial responsibility to the Schaafs or the Humis. Mayor Awada stated that no developer would be required to construct a through street and pay the entire cost. .. Frank Huml said that the dev@iot}ie,assessments and not the property owners. .. FINAL PLAT,GREGORY PREU§1W FOR FUSSES 2ND ADDITION Senior Planner Ridley gave a staff report. Councilmember Bakken moved,Councilmember Carlson seconded a motion to approve a Final Plat(Preusses 2r�d Addition)that will plat three unplatted parcels of land and a vacated segment of Old Sibley Memorial Highway into three lots located south of O# : ibley Memorial Highway between Trunk Highway 13 and Trunk Highway 77 in the SW 1/4 of Sections} 'Aye: 5 Nay: 0 CHANGE ELECTION PRECINCT V61- X0. " "PRECINCT BOUNDARY CHANGES r City Administrator Hedges provided an overview gti; is item. Mayor Awada noted that all precincts will be changed following redistricting in a couple of years. She questioned the need to split the precincts. Finance Director/City Clerk VanOverbeke explained the reasons for the changes. He said that he was not aware of any changes that will occur to the precincts following redistricting. EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 19,1999 PAGE Councilmember Blomquist moved, Councilmember IVfasin seconded a motion to approve the following election precinct voting locatic and precinct boy�changes: Change the voting location for pr ss from Cross of Christ Community Church to Living Word Lutheran Chiirti Change the voting location for precinct number 7 from the Eagan Municipal Center to the Eagan Fire Administration Building. Change the voting location for precinct number 20 from Pinewood Elementary School to Red Pine Elementary School. .:.. Split precinct number 17(votingi ij�. ;: ioi# r 'adding precinct number 21 to vote at- Pinewood Elementary School. Mayor Awada said that she supported t}o Ocation*Ages but did not support splitting a precinct and therefore would be voting:. �--W'Le ;, A vote was taken on the motion.•Aye:•4 Nay��'1' Mayor Awada opposed) ............................................................................ :...............:....... ............................................. ; iDM ST tA' ?E A RM ............................................................................ ............................................................................ SPECIAL RECOGNITIONS/DR..TOM WILSON/AIRCRAFT RESERVE COMMAND UNIT City Administrator Hedges pro i�icti2L :ch?er}gw on this item. He noted that Dr.Tom Wilson, Eagan High School Principal,was the red pienf•ci<+ en•l;amily Foundation National Educator Award. He asked if the City Council would- to acldff ed Dr.Wilson at a future City Council meeting. He also mentioned that the 934 ArafjcV' riesota's only Air Force Reserve Command ..... Unit,would like to name one of their10 G3 ;tY'tircraft after the City of Eagan. He asked if ( ). ..... the City Council would like the City to: recognition. Mayor Awada moved, Councilmember Carlson seconded a motion to direct the City Administrator to coordinate the recognition events. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETING Mayor Awada moved,CouncflflteiiBaei�s52ii►i d a motion to schedule a Special City Council meeting for November 1, 1999 at 4:45 p.xs fP considg:*presentation of the Community Facilities Land Acquisition Task Force. Aye: 5 l�fia 0 Members of Boy Scout Troop 446 were acknowledged for their attendance at the meeting. Councilmember Masin made a motion to direct staff to write a memo to the Cedarvale Task Force apologizing for Mayor Awada's letter,requesting they,"regard the comments in the letter, informing them that Council comments will follow their reepnendation and that the Council appreciates their hard work and wants them to continue woi'Ifiiig on a plan they support. Councilmember Bakken said has not allowed motions to be made under Visitors To,�.OHeard. He added that this matter could.be scheduled on a future City Council agenda. Councilmember Masin said that when she tried to'; ce the motion under Department Head Business,she was directed to Visitors To Be Heard. Mayor Awada said that an item needs to be added to the agenda at the time the agenda is adopted. She further said that she allowed Councilmember Masin to speak under Visitors To Be Heard, but motions are not allowed. Y EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 19,1999 PAGE 10 Councilmember Carlson said slie;did not have a problem with items such as these being brought up but they should be added at the time"agenda is ado Councilmember Masin asked foriiitj: A=liandling of open meeting violations. She said that as she understands the statute,residenls'iteecf io hire an attorney to charge councilmembers with violations. She questioned what the role and responsibility of the City Admihistrator and City Attorney is if they should become aware of an open meeting violation by councilmembers. City Attorney Sheldon said tha>.-ft; •v es. ...... by a councilmember to the City Attorney's office and information was l 'd• to-Athe form of a memo of the enforceukent of the Open Meeting Law. He said as not 'iyCgonally aware of any violations of the 1X. Open Meeting Law. He said if he was aware of s'u'ch a situation he would advise the parties involved that he thought they were in violation. City Ad; trator I :ges said he would have the same role as the Ci Attorney and would also ad City y vig�;tb��#�A7�tiN:gkaa&i#.i�tembers were going to meet to discuss a matter they would be in violation of the;:C +&Wetii�;ii�in; Councilmember Masin said it was her understanding that recently an investigation had been completed concerning a potential Open Meeting Law violation of this Council. City Attorney Sheldon said there was an allegation that there was an open meeting violation which was reviewed by the League of Minnesota Cities but he did}dot believe they found a violation. Councilmember Masin said tharsl*-#ia3 �1• ltat attorneys were hired for the three members of the council. City Attorney Sheldon said he' it+Y ss.4 that information was correct but reiterated that to the best of his knowledget12;LMC dic�'liot;fixxi that there was a violation of the Open Meeting Law. Councilmember Masin asked:EltettQ? ?3?ia was hired by the LMC prepared a report regarding his findings. Mayor AK4;%:­ mber Carlson said they received a letter. Councilmember Masin said she did nofAe�;�1iy letter. City Administrator Hedges said that the letter might have been sent directly to t#iti'councilmembers and added that anything he received from the LMCIT would have been forwarded to the City Council. Councilmember Bakken suggested that if the letters are an item of public record they be copied to all councilmembers. ............................................ . .......... .... ... .. . The meeting adjourned at 8:2�rp'4ti' ........ •... MLK Date City Clerk If you need these minutes in an alternative form such as large print,Braille,audio tape,etc.,please coptact the City of Eagan,3830 Pilot Knob Road,Eagan,MN 55122,(651)681-4600,.JXPD phone: (651)454-8535). The City of Eagan is committed to the policy that all persons have: access to its programs,services,activities, facilities and employment without regard tcg •iK : }F. kgion,national origin,sex,disability,age,sexual orientation,marital status or status with rte,�q to ptt Qsslez:: "r MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 29, 1999 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 1, 1999 CITY COUNCIL MEETING r ADOPT AGENDA/APPROVE MINUTES After approval is given to the November 1, 1999 City Council agenda and the minutes of the October 19, 1999 regular City Council meeting, the following items are in order for consideration. Agenda Information Memo November 1, 1999 Eagan City Council Meeting s A. CONSIDERATION OF MORATORIUM EXTENSION CEDAR/HWY 13 REDEVELOPMENT STUDY AREA/ CONSIDER DIRECTION TO PREPARE INFORMATION ON REDEVELOPMENT COSTS& USE OF T.I.F. ACTION TO BE CONSIDERED: To consider an extension to the interim ordinance (moratorium) currently in effect for the Cedar Avenue and Highway 13 Redevelopment Study. r OTHER ACTION TO BE CONSIDERED: To direct City staff to provide financial information regarding redevelopment costs, the use of T.I.F. and various other financing methods to the Cedarvale Task Force for inclusion in their report to the City Council. FACTS: Moratorium Extension: • At its meeting on May 4, 1999, the City Council approved a six-month interim ordinance (moratorium) for the area identified as the Cedar Avenue and Highway 13 Redevelopment Study Area. The moratorium took effect on May 11, 1999, and is scheduled to terminate on November 11, 1999. The purpose of the moratorium was to protect the integrity of the task force's planning process. It was limited to six months so that it was only in place during the task force's deliberations. The task force will not complete its work and make a recommendation to the City Council until mid-November. Responding to concerns from the residential and business occupants of the area, the moratorium was designed to be as least restrictive as possible. The moratorium prohibits development of vacant land, demolition of an existing building and rebuild on the same property, and requests for a comprehensive guide plan amendment or rezoning. At its meeting on September 1, 1999, the City Council approved a task force recommendation to remove the southwest quadrant of the 77/13 interchange from the moratorium due to the fact that it was not • A letter was sent to all task force representatives asking for their feedback on the issue of extending the moratorium. Nine members of the task force have responded. Each has stated their support of an extension if it is only for a short time, and not the maximum allowable extension of eighteen(18)months; and in the case of one representative, so Agenda Information Memo November 1, 1999 Eagan City Council Meeting long as the Wuthering Heights neighborhood is excluded from the extension. The suggested limitation has varied from thirty(30)days,to 90(90)days,to six(6)months. • The task force will be meeting on November 16 to consider a draft report and make a final recommendation. The concept, in its current form, does not include any vision of redevelopment for the northwest quadrant of the 77/13 interchange or the Wuthering Hdights neighborhood. • The City is not required to provide public notice of consideration to extend a moratorium. 'As a courtesy to affected businesses and homeowners however, public notice of the City Council's possible action was sent to each property owner in the moratorium area. The original notice included the wrong meeting date and a corrected notice was sent out. Direction: Redevelopment Costs& Use of T.LF. • A memo was forwarded by Mayor Awada to Cedarvale Task Force Chair Margaret Schreiner suggesting that: 1) the task force proposal for the Greater Cedarvale Area consider development at the corner of Silver Bell and TH 13 that would increase tax base generating increment for use in a redevelopment T.I.F. district; and 2) that a financial analysis be made to determine whether there is adequate density in the proposed redevelopment plan to cashflow a T.I.F. district. • This information would be generated by staff with the assistance of Springsted Inc. There would be no additional work performed by SRF or the sub-consultant. • The work program for the RFP contained a financial evaluation, including a review of the financial performance of the Cedarvale Mall. Factors that were included in the financial evaluation by the sub-consultant, Hay - Dobbs and Colliers Towle Real Estate, included tenant retail sales performance and history, lease expiration schedule, rental rates, income and expenses. Historical retail activity was also compared with trade area purchasing power to determine past market share trends. There was some additional consideration given to the competitive position evaluation of the Cedarvale Area and retail sales potential as part of the work program for SRF and consultants. ATTACHMENTS: l • Corrected notice of consideration to extend moratorium on page • Moratorium area(includin SW quadrant of 77/13)map on page�. • Memo attached on page T. • Financial evaluation from RFP document on page 011y 3 "U' a ... .. .... ...................................... PUBLIC NOTICE CONSIDERATION OF MORATORIUM I EXTENSION WHO: Cedar Avenue/Highway 13 Redevelopment Study Area Property Owners WHAT: Consideration to extend current moratorium VVHEN: Eagan City Council Meeting Monday, November 1, at 6:30 am WHERE: 3830 Pilot Knob Road City Hall Council Chambers Correction: The meeting date noticed in a previous mailing— Tuesday, November 2— was incorrect. Eagan City Council meetings are regularly scheduled for the first and third Tuesday of each month and public notices are prepared with those dates in mind. However, due to elections on November 2, the regular City Council meeting had been rescheduled for Monday, November ]. We sincerely apologize for any inconvenience this oversight may have caused The Eagan City Council will consider an extension of the existing development moratorium for the Cedar Avenue and Highway 13 Redevelopment Study Area at its regular meeting on Monday, November 1, 1999, at 6:30 p.m. The meeting will be held in the City Hall Council Chambers, 3830 Pilot Knob Road. In May of this year,the Eagan City Council passed a six-month interim ordinance, also known as a moratorium, for the area included in the Cedar Avenue and Highway 13 Redevelopment Study Area. (over) The purpose of the moratorium was to protect the integrity of the planning process in which the Cedar and 13 Redevelopment Study Task Force was engaged. The moratorium, effected May 11, 1999, and scheduled to terminate November 11, 1999, was enacted to prevent development that might be incompatible with the recommendations of the task force. By state law, the City Council does have the authority to extend an existing moratorium for up to 18 months past the initial length of term. The moratorium prohibits development of vacant land; prohibits total demolition of an existing structure for the purpose of building a new structure; and prohibits rezoning or amending the Comprehensive Guide Plan for a property. Based on a recommendation from the Task Force, the City Council voted in September to remove properties in the southwest quadrant of the Highway 77 and Highway 13 interchange from the moratorium. The reason for lifting the moratorium in this area was that the redevelopment concept did not include any improvements in that quadrant and therefore, no restrictions on development were deemed necessary. Questions or comments may be directed to Assistant City Administrator Jamie Verbrugge at 651-681-4603 or by e-mail to jverbrugge@cityofea ag n.com. (over) ®Etc rLJ VJ L.. Ora oo r fCCit��s • 7 LA v o>>ILI 16 ,,�u �,4 d �■u �i7v ■, p OO .��� i�LAID !�� ���[� un r�R� [I fin:n c'0111 11 �t�=. �fRl Cly L �j .-�� r�� rill r�� ntJ�Vn: A! .��'•`�.!��b O��wiie�ai9 LE ru M113rr� aa� LSu V�f��A� '. ���2I P�U ��'ss.�'�+�`� -- L201 r3 i iii Cie'_�����`Jrrrc��`� �sr►SiI� ` told bM Moratorium Area • D *City of Eagan THIS M"IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information. . ._ TO: MARGARET SCHREINER, CHAIRPERSON, CEDARVALE TASK_ C FORCE FROM: PAT AWADA,MAYOR DATE: OCTOBER 6, 1999 SUBJECT: CEDARVALE TASK FORCE FINAL REPORT A special thanks for all your work and the commitment made by the entire Task Force to the Cedarvale Redevelopment Study. We are all anxious to receive the final results and report. Our staff shared with the City Council copies of exhibits that were presented at the Open House in late September and it has raised a couple of thoughts I would like to share with you. First of all,the.Task Force that is reviewing the possible land acquisition north of Lockheed Martin and adjacent to the Unisys/Northwest facilities is giving consideration to a Community Center at that location. It is my opinion that an office building or some other type of development that would generate tax base for repayment of a redevelopment TIF would be more advantageous at the corner of Silver Bell and Trunk Highway 13. Secondly, it is my hope that the Council will accept and support whatever plan the Task Force forwards as its final recommendation. In order to be able to do that,it is imperative that we all have a grasp on the financial aspects of the redevelopment proposal. I have asked staff to begin looking at the tax base created(revenue generated)from a TIF district compared to the costs associated with relocation and infrastructure improvements.. It is very important that this project can cash flow a large part of the costs. This may mean that we may have to add additional density to the plan in order to afford it,if the proposed redevelopment plan is unable to cash flow a TIF payback. This information would be helpful for the City Council as a part of the final recommendation from the Task Force. Again, thanks for all your work in providing an important leadership to the Task Force. I am very excited about this project. It is my goal to be able to take your end product and"run with it!" Pat Awada i 3. WORK PROGRAM The following tasks will be undertaken as part of the Cedarvale Area evaluation: ➢ Quadrant Review-Each quadrant will be examined independently and evaluated as to its physical characteristics,circulation system,condition,existing buildings and zoning. A general review of possible redevelopment concepts and land use alternatives for each quadrant should be explored. ➢ Physical Evaluation-A physical evaluation of area structures including physical characteristics, design and condition. Sociological factors affecting the viability of existing uses should also be identified. ➢ Comnetitive Centers Evaluation-Competitive commercial areas and retail clusters serving the market area will be evaluated to determine competitive impacts on the Cedarvale area. To the extent possible,the impact of new competitive commercial development will be identified. ➢ Trade Area Analysis-The trade area for the southeast quadrant will be delineated and "draw area"for current uses identified. The economy of the trade area will be analyzed to identify and quantify those factors that generate support for retail establishments. Retail purchasing power within the trade area will be estimated to determine trends in retail spending. ➢ Financial Evaluation-The financial performance of the Cedarvale Mall will be evaluated. Factors to be considered will include: tenant retail sales performance and history, lease expiration schedule,rental rates, income and expenses. Historic retail activity will be compared with trade area purchasing power to determine past market share trends. ➢ Competitive Position Evaluation-Commercial development trends affecting the Cedarvale area will be identified and evaluated. Retail Sales Potential -Future retail sales potential of the southeast quadrant will be estimated taking into account recommended`re-merchandising"and tenant mix of the Cedarvale Mall based on market opportunities. ➢ Land Use Feasibility and Redevelopment Recommendations-Based on the physical rcharacteristics of the area(including accessibility,visibility,proximity to the MSP Airport, Mall of America,Minnesota River Valley and current/anticipated market conditions),recommendations and concepts for the enhancement of the each quadrant within the study area will be identified. Alternative uses to be considered may include(but not be limited to)residential,office,retail commercial, light industrial, and quasi-public (i.e. light rail transit hub). Within the southeast quadrant,this will include recommendations relating to possible re-use of the Cedarvale Mall structure and/or site and possible rezoning recommendations. Agenda Information Memo November 1, 1999 Eagan City Council Meeting B. RESOLUTION TO SEEK CRIME PREVENTION AND INTERVENTION GRANT ACTION TO BE CONSIDERED: To approve or deny a resolution to seek crime prevention and intervention grant. FACTS: ■ The City of Eagan has an opportunity to apply for the"Weed & Seed" Crime Prevention and Intervention Grant administered through the United States Attorney General's Office for increasing community policing presence in the Wescott Hills multi-housing complex. ■ The grant application is a cooperative effort with the Parks and Recreation Department with support from the School District 196 and other organizations. ■ The grant would provide funding for a sworn police officer for a period of three (3) years 2000 through 2002. ■ The sworn police officer funded under the"Weed & Seed" Crime Prevention and Intervention Grant would be assigned to Wescott Hills, however, available to be reassigned for other needs as identified by the Chief of Police. ■ If the City is successful with this grant application, the additional police officer would still keep the total sworn officers within the 1.1 ratio approved by City Council Policy. ATTACHMENTS: ■ Attached on page is a memo to the City Administrator from Chief of Police Therkelsen. r POLICE DEPARTMENT 4. 16- MEMO city of eagan DATE: OCTOBER 28, 1999 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KENT THERKELSEN, CHIEF OF POLICE SUBJECT: "WEED & SEED" CRIME PREVENTION GRANT At the November 1, 1999 City Council Meeting,the Police Department will be seeking direction from the City Council on an application for the"Weed and Seed"Crime Prevention and Intervention Grant administered through the United States Attorney General's Office. The Police Department will utilize the grant to increase our presence in the Wescott Hills multi-housing complex. The grant application has been a cooperative effort between the Police and Park&Recreation Departments. Additionally,the process has received input from School District 196,the Right Step Mentorship Program, Storefront Youth Action,the Community Action Program Agency, and Early Child and Family Education. We would apply for funds to cover the entire cost of salary,benefits,uniforms, and equipment for an additional police officer for the three-year life of the grant. This cost is estimated at $184,937.00, assuming a 3% increase in personnel costs each of the last two years of the grant. The grant would be for years 2000,2001,and 2002. If approved,we would assign an officer to the Wescott Hills complex on a full-time basis. (Although the officer could be reassigned as needs dictate.) This presence would benefit the city in several ways: • Reduce incidents of crime and disorder through a regular,visible police presence. • Improve response to incidents that do occur through better police awareness of conditions and individuals in the area. • Provide opportunities for positive interaction between the police department and residents of the complex. The additional officer requested in the grant would bring our sworn strength to 69 officers (including the three"Clinton Cop"positions granted for budget year 2000). This number is within the staffing projections and goals established by the City Council in 1996. (See attached memo from Chief Geagan dated 8/9/96). At the conclusion of the grant our staffing projection is for 74 sworn officers,meaning that the grant position should be easily absorbed into regularly budgeted staffing. Please let me know if I can provide any further information on this request. /l/ Agenda Information Memo November 1, 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/Receptionist-Maintenance Facility-- ACTION TO BE CONSIDERED: To approve the hiring of Deborah Widstrom as a Clerical Technician III/Receptionist at the Maintenance Facility. Item 2. Seasonal Skate Guards/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Joe Tuset, Jordan Bailey, Daniel Norsten, Nick Boland, Brad Hanson, Sean Cosgrove and Lori Jorgenson as seasonal skate guards at the civic arena. Item 3. Seasonal Concessions Workers/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Theresa McMahon, Nicole Terry, Katie Nelson and Elisa Swenson as seasonal concessions workers at the civic arena. Item 4. Seasonal Supervisor/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Andy Halverson as a seasonal supervisor at the civic arena. Item 5. SeasonalAkating Instructor/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Sarah Payne as a seasonal skating instructor at the civic arena. it Agenda Information Memo November 1, 1999 Eagan City Council Meeting Item 6. Seasonal Parks Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Lynn Streefland as a seasonal parks maintenance worker. Agenda Information Memo November 1, 1999 Eagan City Council Meeting B. RESOLUTION CALLING FOR PUBLIC HEARING ON THE GIVING OF HOST APPROVAL FOR THE ISSUANCE OF REVENUE BONDS FOR AN ASSISTED LIVING FACILITY PROJECT AND ADOPTION OF A HOUSING PROJECT ACTION TO BE CONSIDERED: To approve the resolution calling for a public hearing on the giving of host approval for the issuance of revenue bonds and adopting a housing project and authorizing publication. FACTS: • The City was contacted this past week by representatives of Dakota Communities, Inc. requesting that'the City give host approval for the issuance of revenue bonds for an assisted living facility project. • Eagan is being asked to give host approval because Mendota Heights is actually issuing the bonds. The Cities of Crystal, South St. Paul, Inver Grove Heights, West St. Paul, Maplewood and Vadnais Heights are also involved in the proposed project as host cities. • There are two sites for construction located in Eagan. • Given the applicant's desire to close on this bond issue in November as proposed in the attached letter, the public hearing notice has been published in one of the daily metropolitan newspapers to meet the federal tax law requirement. The City Council's approval of this resolution will provide for publication in the City's official newspaper on November 4, 1999. That publication date cannot meet the technical federal tax law requirement; however, it will provide adequate notice of the public hearing to Eagan citizens. In the event the City Council chooses not to go forward, the public hearing on the 16`h will be cancelled. • The City's bond counsel, Steve Rosholt of Faegre &Benson, will review the required documents on behalf of the City. • Since the action at this meeting only sets the public hearing and we are responding to a tight timeframe, the applicant and staff are requesting that the City Council provide the City Administrator with any concerns or requests for information so it can be available for consideration at the public hearing on November 16. • The applicant has requested that the City waive its application fee as a means of participating directly in the project. That request can be considered as a part of the action at the public hearing as well; 13 ATTACHMENTS: • Enclosed on pages /-!� n through / is a copy of a letter from Kathleen LeMay, President/CEO of Dakota Communities, Inc providing information about their organization and their development proposal. • Enclosed on pages jj( through JT is a copy of a letter providing additional information requested by staff after a meeting with representatives of the organization. • Enclosed on pages and-.2Y is a copy of the resolution calling for the public hearing as well as a copy of the public hearing notice appearing both in the metropolitan newspaper and upon authorization in the City's legal newspaper. Dao ta 680 O'Neill Drive Eagan, MN 55121-1535 oft=niftes� Inc. (651)688-8808 fax(651)688-8892 Founded in 1972 as Dakota's Children Inc. October 26, 1999 Mrs.Pat Awada, Mayor Mr. Tom Hedges, City Administrator Mr. Gene-VanOverbeke Dakota Communities Inc. thanks you for the opportunity to acquaint you with our plans for development of services to people with disabilities and the work we are doing with City of Mendota Heights for issuance of bonds through a Joint Powers Agreement with the cities where services will be located or refinanced. Dakota Communities Inc is a private non profit corporation whose mission is to assist individuals who have disabilities, through housing and support services, to maximize their potential in life through increasing one's independence, promoting inclusion into one's community, and supporting people in making informed choices in all aspects of daily living. DCI is governed by a volunteer Board of Directors comprised of 11 people from our communities and is guided by the core values of respect for people and their needs, integrity of decisions and actions, commitment to service, innovation, excellence, and sound stewardship of the organization. Dakota Communities Inc. first home for people with developmental disabilities at 400 West Marie in West St. Paul was built in 1973 for children. Those children have grown to adulthood and the home is no longer suitable for them. Although the 48 bed home has served the community well for the past 27 years, it is now overcrowded and inconsistent with today's models. In addition, Dakota County and the Minnesota Department of Human Services deems that building to be an institution and inconsistent with their plans to provide care for people in small homelike environments. Presently we find that it is not a model families and social workers wish to consider when looking for out of home care. The Board of Directors of Dakota Communities Inc. has committed to relocating the 48 people who live at that site into nine new homes within Dakota and Ramsey Counties and to list the 400 Marie site for sale. This project has been approved by the Dakota County Human Services Department as part of their local systems need planning and by the Minnesota Department of Human Services through special legislation during the 1998 and 1999 legislative sessions. A formal closure agreement will be signed by all parties effective December 1, 1999. We are requestiriglthat the City of Mendota Heights issue Facilities Revenue Bonds in an amount not to exceed $2,355,000 pursuant to a Joint Powers Agreement to be entered into between Mendota Heights and each of the other participating cities of Eagan, South St. Paul, Inver Grove Heights, West St. Paul, Maplewood, Vadnais �✓ Building Partnerships With People Heights, and Crystal. The present estimate of the project costs, prior to the pricing of bonds, is $2,020,000. Bonds are being issued to provide financing for a variety of capital needs of our organization, including the construction of 5 of the nine new homes to be owned and operated by Dakota Communities as well as refinancing of five of our existing homes to allow for general improvements of those existing group homes. The bonds will be special, limited obligations of the City, payable solely from the revenues received from the Mortgage and will not constitute an indebtedness or charge against the general credit or taxing powers of the City. Debt service will be supported through ongoing revenues for service delivery, primarily from federal and state Medicaid payments. The bonds will be sold by Miller Johnson Kuehn. Bond counsel for the transaction is Briggs and Morgan. The underwriter is represented by the firm of Dorsey Whitney and Dakota Communities Inc is represented by the firm of Gray Plant Mooty. Regel Construction, specialists in accessible housing, has been hired to design and build the homes. Each home will contain approximately 1800 -3000 square feet depending on whether they serve four or six people. Each home will have private bedrooms, two bathrooms, a living room, dining room, kitchen, laundry and small office area and will be designed to blend in with each neighborhood. Each of the houses will be acquired on a turnkey" basis. Construction is anticipated to begin in November with tentative completion in April of 2000. The location the homes will be: xxxx /Casey Court Inver Grove Heights xxxx Highview Eagan 3020 Poppler Lane Eagan 22xx Congress South St. Paul 23xx Maryland Maplewood With respect to refinancing, Dakota Communities Inc plans to refinance the following facilities: 157 Emerson Ave. West West St. Paul 219 E. Thompson West. St. Paul 732 Cheyenne Lane Mendota Heights 463 Walker Drive Vadnais Heights 3609 Brunswick North Crystal The refinancing is anticipated to result in a reduction in average annual debt service requirements based on reduced interest charges and amortization schedules 16 represented by the bonds which will allow the organization to make improvements to the homes going forward. Dakota Communities Inc has had a strong presence in the community since the organization began in 1973. Today, the organization operates 25 homes in the communities of West St. Paul, Mendota Heights, Eagan, Burnsville, Maplewood, Vadnais Heights, Robbinsdale, Crystal, Brooklyn Park, Brooklyn Center, New Hope, Maple Grove, Buffalo, Big Lake, and Cambridge and employs over 400 people. In addition, the development of new sites will create approximately 100 new jobs. r The majority of homes serve 4-6 people, consistent with the plans for the new development and consistent with county, state, and national policies of deinstitutionalization. With the exception of two homes which serve more than 6 people under conditional use permits, each home meets the requirements of Minnesota Statutes 245A.11 subd.2 which provides that licensed residential programs serving six or fewer persons are a permitted single-family use under municipal zoning ordinances. The transition of people from Dakota Communities Inc last large group home to smaller homes is the final step in a process that began more than 10 years ago. At the same time this move is part of an ongoing process to provide the least restrictive living arrangements, and improve the quality of life and opportunities for inclusion for people with disabilities. We are proud to be members of your community and are appreciative of the Eagan's City Council's willingness to consider our request. Sincerely, Kathleen LeMay President/CEO KL/le Cc: Kevin Batchelder, Administrator City of Mendota Heights Daota 680 O'Neill Drive Eagan, MN 55121-153: I/lpf7� itkj, Inc,. (651)688-880E fax(651)688-889-9 Founded in 1972 as Dakota's Children Inc. October 28, 1999 Mr. Gene VanOverbeke City of Eagan Municipal Center Westcott Road at Pilot Knob Eagan, Minnesota 55121 Dear Mr. VanOverbeke: Thank you for taking the time this morning to meet with me and Georgette Peterson to learn about the plans our organization has to close our home for 48 people in West St. Paul and transition these people to smaller homes within their own communities. We are pleased to know that Eagan is supportive of this plan and housing for people with disabilities. A number of the families we serve are residents of Eagan and they are delighted that the new homes will maintain a close proximity with their family member. In my letter of October 26, 1999 to you, I outlined the financing of the project and our desire to seek a Joint Powers Agreement between the City of Mendota Heights who would issue the Facilities Revenue Bonds and the participating cities. We were able to secure this Bond financing option through Miller Johnson Kuehn within a relatively short time period so we are working diligently to make sure all the requirements of each municipality is met. One of the concerns our Bond Counsel and Underwriters have raised is the need to close the transaction in November if at all possible given the issues Y2K is presenting to the lending community. It is their concern that during the month of December, the market will be wary, bond sales and sources of money may be limited, and interest rates may fluctuate. This has caused us to develop a shorter timeframe where the bonds would be priced the week of November 9 with closing scheduled for November 29. We have been advised that the other cities of South St. Paul, Inver Grove Heights, West St. Paul, Maplewood, Vadnais Heights and Crystal can have a Council resolution addressed within that timeframe. We are understanding of the public notice requirements of the City of Eagan and are appreciative of your willingness to work with us and the Council to determine a way where it would be possible for us to complete our bond transaction during the month of November. We anticipate that our builder, Dave Regel of Regel.Construction, will be meeting with your staff shortly to review the plans and specifications. As 1 indicated, this is a "turnkey" project and we anticipate that the homes will be completed sometime in February. The builder has purchased the lot at 3020 (temporary address until a building permit is issued) Poppler Lane for a home for six people and the closing on Building Partnerships With Peoplr the lot at xxxx Highview (Pilot Knob and f ighview) which will be a home for four people is anticipated to occur next week. Dakota Communities requested that the builder advise the seller of the land that he was representing us and that the house would be home to people with developmental disabilities. We understand from him that both sellers were supportive of the plan. Once the plans have been approved by the City, we will be personally contacting our neighbors to introduce ourselves and acquaint them with the design and the people who will be moving in. This is the procedure we have used in the development of the 25 homes we presently own and operate and consistent with our commitment to being good neighbors. We also will be designing the homes to be compatible with neighborhood design. It has been our experience that any concerns neighbors may have initially are short lived and we are appreciative of the support we feel in our neighborhoods. Presently Dakota Communities is undertaking a capital campaign to generate some of the equity needed for the project. One of sources of capital is the Federal Home Land Bank who looks favorably on requests that have city participation. With that in mind and the fact that we are a 501 (c )(3) organization, we are respectfully requesting that the participating cities waive their application fee. We would naturally pay any of the cities'out of pocket and publishing costs. Dakota Communities Inc is excited about this project and the opportunity to continue our mission of providing life cycle housing for people as well as meeting a community need. This has been our commitment for the past 27 years and we hope we might continue our mission for as long as the community need exists. If I can provide any additional information to you, your colleagues, or Council members, please let me know. Sincerely, Kathleen LeMay President/CEO KL/le OCT 28 1999 14:05 FR TO 2#630 P.03i07 Extract of Minutes of a Meeting of the City Council of the City of Eagan Minnesota Pursuant to due call and notice thereof,a regular meeting of the City Council of the City of Eagan,Minnesota,was duly held at the City Hall in said City on the_day of November 1999,at 6:30 P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR AN ASSISTED LIVING FACILITY PROJECT AND A PROPOSED HOUSING PROGRAM PURSUANT TO CHAPTER 462C, MINNESOTA STATUTES AND AUTHORIZING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING The motion for the adoption of the foregoing resolution was duly seconded by member ,and after full discussion thereof and upon vote being taken thereon,the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 1098272.1 00 => CITY OF EAGAN ,TEL=6516814612 10/28199 13:52 OCT 28 1999 14:05 FR TO 2#630 P.04/07 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE GIVING OF HOST APPROVAL FOR THE ISSUANCE OF REVENUE BONDS AND ADOPTION OF A HOUSING PROJECT,AND AUTHORIZING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING (a) WHEREAS, Minnesota Statutes, Chapter 462C (the "Act") and Section 471.59 Minnesota Statutes, gives municipalities the power to issue revenue bonds for the purpose of,among other things,financing multifamily and assisted living housing developments within the boundaries of the municipality and outside of the municipality pursuant to a joint powers agreement; and (b), WHEREAS,Dakota Communities, Inc.(the "Company")has proposed that the City of Mendota Heights,Minnesota(the"Issuer")issue revenue obligations to finance a project described on the attached Notice of Public Hearing; and (c) WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that each governmental unit in which facilities to be financed by the revenue bonds are located must approve the issuance of the revenue bonds following a public hearing;and (d) WHEREAS, it is necessary for the City Council of the City of Eagan, Minnesota(the"City"),to hold a public hearing pursuant to Section 462C.04,Subdivision 4,of the Act to consider giving host approval for that part of the project located in the City; NOW,THEREFORE,BE 1T RESOLVED by the City Council ofthe City of Eagan, Minnesota, as follows: 1. A public hearing on the proposal of the Company will be held at the time and place set forth in the Notice of Public Hearing hereto attached. 2. The general nature of the project and an estimate of the principal amount of Bonds to be issued to finance the project are described in the attached form of Notice of Public Hearing. 3. A draft copy of the housing finance program with proposed forms of all attachments and exhibits thereto will be on file in the office of the Administrator. 4. The Administrator is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of the City,substantially in the form of the attached Notice of Public Hearing. N f 1098272.1 /l => ClTY OF EAGAN ,TEL=6516814612 10/28'99 13:52 OCT 28 1999 14:05 FR TO 2#630 P.05/07 Adopted by the City Council of the City of Eagan, Minnesota, this day of November 1999. Mayor ATTEST: City Clerk 1098272.1 C2 => CITY OF EAGAN ,TEL=6516814612 10/28'99 13:52 OCT 28 1999 14:06 FR TO 2#630 P.06/07 STATE OF MINNESOTA CITY OF EAGAN I,the undersigned,being the duly qualified and acting Administrator of the City of Eagan,,Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office,and that the same is a full,true and complete transcript bf the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated,insofar as such minutes relate to calling for a public hearing on giving host approval to the issuance of revenue obligations. WITNESS my hand this day of November, 1999. City Clerk 1098272.1 03 => CITY OF EAGAN ,TEL=6516814612 10/28199 13:52 OCT 28 1999 14:06 FR TO 221630 P.07i07 CITY OF EAGAN COUNTY OF DAKOTA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the "Council")of the City of Eagan, County of Dakota,State of Minnesota,will hold a public hearing on Tuesday,November 16, l 999 at 6:45 p.m.,at the Eagan City Hall,3830 Pilot Knob Road,in the City of Eagan,Minnesota,relating to the Housing Program proposed by Dakota Communities, Inc. and the proposed Joint Powers Agreement Providing For The Issuance Of Revenue Bonds To Finance Housing Facilities(Dakota Communities,Inc.Project)authorizing the issuance of certain revenue bonds by the City of Mendota Heights. Copies of the Housing Program and the Joint Powers Agreement will be on file and available for public inspection at the office of the City Clerk at City Hall. The properties proposed to be included in the Housing Program are located: 1)Between Pilot Knob Road and Highridge Terrace, directly across from the house on a lot at 1421 Highview and bordered on the east by a house on a lot at 1408 Highview; and 2) 3020 Poppler Lane. All interested persons may appear at the hearing and present their views orally or in writing. r 104:272.1 ** TOTAL PAGE.07 ** => CITY OF EAGAN ,TEL=6516814612 10/28199 13:52 Agenda Information Memo November 1, 1999, Eagan City Council C. FINAL PLAT (BALLANTRAE 2ND ADDITION)—AURORA INVESTMENTS,LLC ACTION TO BE CONSIDERED: • To approve a Final Plat(Ballantrae 2"Addition) consisting of one lot at Silver Bell Road in the NW 1/4 of Section 20. FACTS: • Ballantrae 2nd Addition combines two existing parcels containing the Ballantrae Apartments and the community building into a single lot. These parcels are being replatted into a single lot to allow for a deck addition to the community building which would not meet setbacks with the existing parcel lines. ATTACHMENTS Final Plat,page 1 Cn T� 1 -n i{ � �� d �� r►�xi. rsmx �T� I �I. 1 lF47 O I .z.w• I )� 1 r; / ��8 •� . I � . I C7 I •i m I I z�'w�r. aiy I I f j k�egg ! b r s Wr p rr $s Ea E Y g !€ f SQL ps m z R 8 R Epp' c26t Agenda Information Memo November 1, 1999 Eagan City Council Meeting D. FOOTING & FOUNDATION PERMIT GOPHER RESOURCE CORPORATION FOR GOPHER-EAGAN INDUSTRIAL PARK 6TH ADDITION ACTION TO BE CONSIDERED: To approve a footing and foundation permit for Gopher-Eagan Industrial Park 6th Addition(located north of Yankee Doodle Road and west of T.H. 149 within the SW 1/4 of Section 12. FACTS: )i;- The Gopher-Eagan Industrial Park 6th Addition was approved by Council action on July 20, 1999. Such approval established a plat recording deadline of September 20, 1999. ➢ On October 5, 1999,the City Council approved a 90 extension for the subdivision that established a recording deadline of December 20, 1999. ➢ Due to anticipated delays in the recording of the final Plat and forthcoming weather conditions, the applicants have requested a footing and foundation permit associated with the construction of a 32,000 square foot hygiene/office building. ATTACHMENTS: (1) ➢ Richard L. Licht correspondence dated 10/28/99,paged—FI-0 c;2 7 612 424 5822 Sent By: LOUCKS & ASSOCIATES, INC. ; 612 424 5822; Oct-28-99 10:05AM; Page 2/2 VI:AV"IVG CIVIL TKt;IM1I.I".lural. l f•NVIH!NNILPTAL October 28. 1999 Mr. Mike Ridley City of Eagan 3830 Pilot Knob Riad Fagan,Minnesota 55122-1897 Re: Footing and Foundation Permit Request for Gopher Resource C'orpoTation Dear Mr. Ridley, We submitted the final plat of GOPHER EAGAN TNDUSTIUAL PARK 6TH ADDITION to the Dakota County Surveyor's office on Tuesday,October 26, 1999, The,Dakota County surveyors feel that they will be able to check this plat within two weeks, After their check, it will take us one day to have the inylars made and then the plat will be ready for signatures. On behalf-of Gopher Resource Corporation, we are requesting that you please consider issuing a footing and foundation permit for their new building,so that they may begin construction while the weather is still warm. If you have any yuustions,please feel free to contact me. Richard L. t.icht I-S. l.wid Surveyor Y 1 .'„i I:.R. ,\�.ar-,n.\TF�., tn:i. T2(x)I Ir\al n.r; I..wr til nor :1(x). M,r•i r <�rawr, MIKNI I.rrl.\ 7,7,36f)-!-.7;92 - "I"rI: Oil,�!4;?4 71710: • I1. i1;1"?;1.>.4 .K:?;? c mall: }oucks nunn.na•ticbuauc: I'll 1p:rP,-,MN l.muul.nclr' loucks� }'.'\l'!I. It kl,-I,V,w& }I)K • 601; f:nlmI :AvrNl.r IA�T • (N\T-n (.aamr llrlf'.I IT•1 MIKNr1;0T4n!-Ami . Tw.: l612)4F,7-A647, • I•\r: ((ir21.4 7-K)42 8' Agenda Information Memo November 1, 1999 Eagan City Council Meeting E. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING - WOODCREST CHURCH ACTION TO BE CONSIDERED: ➢ Tojmplement a Comprehensive Guide Plan Amendment that would change the Land Use Guide Plan designation of approximately 1.5 acres of land form D-I, Residential (0-3 units/acre) to P, Public Facility located on the northeast corner of Cliff Road and TH 3 in the southeast '/4 of Section 25. ➢ To approve a Rezoning of approximately 1.5 acres from A, Agricultural to P, Public Facility and on 12 acres from R-1, Single Family to P, Public Facility on land located on the northeast corner of Cliff Road and TH 3 in the southeast 1/4 of Section 25. FACTS: ➢ In 1996, the City Council approved a Comprehensive Guide Plan Amendment for 12 acres owned by Woodcrest Church at the northeast 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. ➢ At their regular meeting on September 7, 1999, the City Council directed staff to forward the Comprehensive Guide Plan Amendment to the Metropolitan Council changing the land use designation of the subject property from D-I, Residential (0-3 units/acre)to P, Public Facility. ➢ Also at their September 7, 1999 meeting,the City Council directed the rezoning request to be brought back to the Council as a consent agenda item upon Metropolitan Council approval of the Comprehensive Guide Plan Amendment. ➢ The Metropolitan Council completed its review and approved the Guide Plan Amendment as documented in the attached letter dated October 13,1999. ➢ At their regular meeting on August 24, 1999, the Advisory Planning Commission recommended approval of the Comprehensive Guide Plan Amendment and rezoning. ATTACHMENT (2): Metropolitan Council letter of approval dated October 13, 1999,page Resolution,pageN-3�2. MetroP olitt _i Council Working for the Region, Planning for the Future 7BY.- Mike VE '999 October 13, 1999 Pidley, Senior Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Comprehensive Plan Amendment—Woodcrest Church Metropolitan Council District 15 Referral File No. 18066-3 Dear Mr. Ridley: Metropolitan Council staff has reviewed the city's comprehensive plan amendment received by the Council on Oct. 1, 1999. We find that it is in conformance with metropolitan system plans, consistent with the Metropolitan Development Guide and compatible with plans of other units of government. Therefore, the Council will waive further review and you may place the amendment into effect. The amendment, explanatory materials supplied, and the information submission form will be appended to the city's plans in the Council's files. If you have questions regarding this review, please contact Liz Van Zomeren,principal reviewer, at 651602-1060. Sincerely, Richard E. Thompson, Supervisor Comprehensive Planning cc: Carolyn Rodriguez, Metropolitan Council District 15 Patrick Peters, Sector Representative Liz Vali Zomeren, Principal Plan Reviewer 30 230 East Fifth Street St. Paul, Minnesota 55101-1626 (651)602-1000 Fax 602-1550 TDD/TTY 291-0904 Metro Info Line 602-1888 An Equal Opportunity Emptoyer RESOLUTION NO.99- A RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and V�HEREAS, the City Council of the City of Eagan adopted the Comprehensive Guide Plan on April 19, 1983,pursuant to the requirements of Minnesota Statutes, Section 473.864; and WHEREAS,Woodcrest Church has submitted an Application for an Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto located at the NE corner of the intersection of TH 3 and Cliff Road changing the land use designation of the subject property from D-I Single family residential(0-3 units/acre)to PF-public facility; and WHEREAS, a public hearing was held by the Advisory Planning Commission of the City of Eagan on August 24, 1999 at which time the Advisory Planning Commission recommended approval of the Amendment to the Comprehensive Guide Plan; and WHEREAS, on September 7, 1999 the City Council of the City of Eagan approved the Amendment to the Comprehensive Guide Plan on approximately 1.5 acres changing the land use designation from D-I to PF subject to the approval of the Metropolitan Council; and WHEREAS, the Metropolitan Council has determined that the Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto has no potential impact upon any of the metropolitan system plans and therefore the City may place the Amendment into effect immediately; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA hereby adopts an Amendment to the Comprehensive Guide Plan changing the land use designation of approximately 1.5 acres of land as shown on Exhibit "A" attached hereto from D-I Residential(0-3 units/acre)to PF (Public Facility). THIS RESOLUTION passed this 7' day of September, 1999 by the City Council of the City of Eagan,Minnesota. BY: Patricia Awada,Mayor ATTEST: E.J. VanOverbeke, City Clerk 3c2 Agenda Information Memo November 1, 1999 Eagan City Council Meeting F. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING- MINNESOTA VALLEY TRANSIT AUTHORITY ACTION TO BE CONSIDERED: ➢ To implement a Comprehensive Guide Plan Amendment that would establish a CA, Central Area Land Use Guide Plan designation upon approximately 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 Rezoning of approximately 4.5 acres from"undesignated"to PD, Planned Development (to allow the establishment of a mixed use, retail and transit facility) located south of Yankee Doodle Road and between Pilot Knob Road and I- 35E in the northwest '/4 of Section 15. FACTS: ➢ At their regular meeting on August 17, 1999, the City Council directed staff to forward the Comprehensive Guide Plan Amendment to the Metropolitan Council changing the land use designation of the subject property from"undesignated"to CA, Central Area. ➢ Also at their August 17th meeting, the City Council directed the rezoning and request to be brought back to the Council as a consent agenda item upon Metropolitan Council approval of the Comprehensive Guide Plan Amendment. ➢ The Metropolitan Council completed its review and approved the Guide Plan Amendment as documented in the attached letter dated October 19,1999. ➢ At their regular meeting on July 27, 1999,the Advisory Planning Commission recommended approval of the Comprehensive Guide Plan Amendment and rezoning on split votes. ATTACHMENT (2): Metropolitan Council letter of approval dated October 19, 1999,page3—Y Resolution, page,-,s 33 Metropolitan Council Working for the Region, Planning for the Future October 19, 1999 Mr. Bob Kirmis City of Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 Re: Comprehensive Plan Amendment—MN Valley Transit Authority Metropolitan Council District 15 Metropolitan Council Referral File No. 18066-2 Dear Mr. Kirmis: Metropolitan Council staff has reviewed the comprehensive plan amendment from the City of Eagan for the Minnesota Valley Transit Authority project. The amendment proposes to establish a Central Area land use designation for approximately 4.5 acres of excess I-35E right-of-way located south of Yankee Doodle Road between Pilot Knob Road and 1-35E. We have determined that the proposed amendment is consistent with the Regional Blueprint and Regional Growth Strategy. Because the proposed amendment appears to be consistent with policies and plans in other chapters of the Metropolitan Development Guide, the Council will waive further review of this amendment, and the city may place the amendment into effective immediately. The amendment, explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. If you have any questions regarding this review,please contact Linda Milashius,principal reviewer,at 602-1541. Sincerely, V Richard E. Thompson, Supervisor Comprehensive Planning cc: Sherry Narusiewicz, MnDOT Metropolitan Division Carolyn Rodriguez,Metropolitan Council District 15 Patrick Peters, Sector Representative Linda Milashius, staff 3y 230 East Fifth Street St. Paul.Minnesota 55101-1626 (651)602-1000 Fax 602-1550 TDD/TTY 291-0904 Metro Info Line 602-1888 Ap Equal Opportunity Employer RESOLUTION NO. 99- A RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, the City Council of the City of Eagan adopted the Comprehensive Guide Plan on April 19, 1983,pursuant to the requirements of Minnesota Statutes, Section 473.864; and ' WHEREAS, the Minnesota Valley Transit Authority(MVTA)has submitted an application for an amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A"attached hereto and located at the southeast corner of the intersection of Yankee Doodle Road and Pilot Knob Road changing the land use designation of the subject property from undesignated to CA, Central Area; and WHEREAS,the subject 4.5 acre property presently exists as highway right-of-way and is without a specific land use guide designation; and WHEREAS,the requested guide plan amendment is necessary to establish a basis to rezone the property and ultimately allow development; and WHEREAS, a public hearing was held by the Advisory Planning Commission of the City of Eagan on July 27, 1999 at which time the Advisory Planning Commission recommended approval of the Amendment(on a split vote)to the Comprehensive Guide Plan; and WHEREAS, on August 17, 1999 the City Council of the City of Eagan approved the Amendment to the Comprehensive Guide Plan on approximately 4.5 acres of land changing the land use from undesignated to CA,Central Area subject to the approval of the Metropolitan Council; and WHEREAS,the Metropolitan Council has determined that the Amendment to the Comprehensive Guide Plan for the land shown on Exhibit"A"attached hereto has no potential impact upon any of the metropolitan system plans and therefore the City may place the Amendment into effect immediately; NOW THEREFORE,BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAGAN,DAKOTA COUNTY,MINNESOTA hereby adopts an Amendment to the Comprehensive Guide Plan changing the land use of approximately 4.5 acres of land as shown on Exhibit"A"attached hereto from undesignated to CA,Central Area. THIS RESOLUTION passed this I'day of November, 1999 by the City Council of the City of Eagan,Minnesota. BY: Patricia E.Awada,Mayor ATTEST: E.J. Van Overbeke, City Clerk 3 Agenda Information Memo November 1, 1999 Eagan City Council G. EXTENSION FOR RECORDING FINAL PLAT (STARKS ADDITION)— GARY STARKS ACTION TO BE CONSIDERED: To approve a five-month extension for recording the final plat for Starks Addition, consisting of one lot located west of Hwy. 149 and south of Hwy. 55 in the NW 1/4 of Section 12. FACTS: • The City Council approved the final plat on May 18, 1999. • The 60-days time period for recording the plat expired in July. The applicant has indicated there are some remaining title issues to resolve and therefore, a five-month extension of time to record the plat. This extension would allow the applicant until December 18, 1999, to record the plat. ATTACHMENTS: nel Letter from Gary Starks dated October 25, 1999, page, 36 October 25, 1999 City of Eagan Mayor Awada and Council members Bakken, Blomquist, Masin and Carlson RE: Recording of the final plat for STARKS ADDITION The recording of the final plat has been delayed due to a mistake in the title papers. At this time I am requesting a five month extension to correct the mistake. Thank you for your consideration. Sincerely, Gary Starks 37 Agenda Information Memo November 1, 1999 H. GARDENWOOD PONDS 4TH ADDITION (LOT 8, BLOCK 2) EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate a public drainage & utility easement and schedule a public hearing to be held on December 7, 1999. FACTS: • On October 20, 1999, City staff received a petition from Ray Brandt, registered land surveyor for the Gardenwood Ponds development, requesting the vacation of an existing drainage & utility easement along the south edge of Lot 8, Block 2 of Gardenwood Ponds 4t Addition. • The easement was inadvertently dedicated with the Gardenwood Ponds 4th Addition plat. The easement is not necessary to accommodate any planned or existing utilities or drainage ways. • The purpose for the request to vacate a portion of the easement is that the property owner is proposing to construct a portion of the house in the vacated easement area. ATTACHMENTS: • Legal Description, graphic,page. • Location Map, pages through . r 39 Vacation of drainage&utility easement That part of the drainage&utility easement on Lot 8, Block 2,GARDENWOOD PONDS FOURTH, Dakota County, Minnesota,according to the recorded plat thereof,that lies southerly of the following described line: Beginning at a point on the westerly line of said Lot 8,Block 2, said point being 30.51 feet northerly of the southwest corner of said Lot 8, Block 2;thence S79°17'20"E a distance of 189.96 feet to the easterly line of said Lot 8, Block 2,and there terminating. Excepting the westerly 5 feet,the southerly 10 feet and the easterly 10 feet thereof. r CERTIFICATE OF SURVEY M32-2080-99 for D.R. HORTON 7 51 r--- S 76'3 7'2,3 01 P O 00 Ito 00 cd q.. �O— 0 C14 z 0)N 0 51 Ix to .30 Q) Co—A000 ............ 8,33 21 ,35*14' C17 771 5 .96 North Wie vv P Top curb to Gar slab Top block — — Lowest bsmt fir Scale: 1" = 30' 3877 Big Timber Trail DESCRIPTION I hereby certify that this survey, plan. or Lot 8, Block 2, report was prepared by me or under my direct GARDENWOOD PONDS FOURTH supervision and that I am a duly Registered Dakota County, Minnesota Land Surveyor under the Laws of the State Plot bearings shown of Minneseo. a Denotes iron monument isting_,, Proposed Dote Reg. No. 8140 EASEMENT VACATION LOT 8, BLOCK 2, GARDENWOOD PONDS 0-991 II II Q m u ppo c SUNCRST O 3 m �� CT. 30� \1;10, yt^ 4i V Li JAY WAY �O A�. }ELRENE CT. Q Jti pp ARBOR No SCALE m V POGO w 9SS� y1p CT. 10-20-99 p� F z FSIC, OOH OVERLOOK PL. SOUTH �0?0 Of 3 i O 0 (,�, 2 S.H. WAYzl- < HILL L . o a �P� m ? CARDINAL m ROSS x V)Li z o 0 o a coo J OfR G0 �, Q 'Lp SISOUTH 8REN1tiy0pp oho WESCOTf ROAD m J H. CT. a- z0 BRIAR CREEK RD. STONYAO/ Y pc O HIDDEN D ARD. �Za R T! A v ,P MEADOW w z KEIT AN URY W 'o� 7R. o ILL RUN I'F T. �p , 0EAR C2 af J z n AVANNAH �Q' �} O <<i�,� m _j O Z to BRA ~ DANBUR 'Q `�� o pJF� v z j BALD �" 0 a o��`o Z G� LAK ��� MILL UN gR�O� w m o� �.G• po H z IL ��z 0G `ap��GOP�� F� F' ���. CGGFj� LRENE HILL D. TICONDEROGA TR. G Pip G� T �Qp C/R <Y <<� WI 0 z_ CT. 4 �' NORTHVIEW PARK RD. z op �a RI AGF c�F2 �.l l of < QP \ . �O�T� PE pEL� pR'(N�l\ ��yFSy m SECTION Rey W 23 F�oti NORTHVIEW O N 3: a F2 0 Of P / < H lv C� m AVE. > � m v ,-, XFORD CA 0 z �O GRAN DIFFLEY ROAD ��' DIFFLEY ROAD CT. z u DIFFLEYY- ROAD w w WN r CRY iz GUgTA X / p p C . YORK OWN PL. O pgTRICK� n F- Z ROAD C EFLOWER CT �S. J I�� E S �Q LN. G �Q- JJ PUBLIC WORKS EASEMENT VACATION LOCATION MAP DEPARTMENT Od.21, 1999 LOT 8, BLOCK 2, GARDENWOOD PONDS City of Eagani - q-/ I Agenda Information Memo November 1, 1999 I. BROOKSTONE AMCON IT ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate a public drainage & utility easement and schedule a public hearing to be held on December 7, 1999. FACTS: • The Brookstone Amcon lst Addition property lies within the Eagan Pointe preliminary subdivision approved by the City Council September 21, 1999. • On August 12, 1999, City staff received a petition from Duke Construction Co. requesting the vacation of an existing drainage & utility easement that covers an existing storm water force main pipe that extends across the Brookstone Amcon property. • As part of the Eagan Pointe development, relocation of the existing storm water force main pipe is necessary. Duke Construction wishes to vacate the existing easement perpetuated with the Brookstone Amcon 1"Addition plat. A new public easement will be dedicated in the area of the pipe relocation as part of the Eagan Pointe plat when recorded with Dakota County. • The engineering staff has reviewed the site plan for the development of the property and has evaluated the site for new easement requirements necessary to accommodate all existing and proposed drainage areas and utilities. Agenda Information Memo November 1, 1999 J. KINGSWOOD PONDS 1sT ADDITION (LOT 4, BLOCK 2) EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate a public drainage & utility easement and schedule a public hearing to be held on December 7, 1999. FACTS: • On October 18, 1999, City staff received a petition from Arvella Horne, property owner of Lot 4, Block 2 Kingswood Ponds 1St Addition, requesting the vacation of a portion of the existing drainage,&utility easement along the west edge of the property. • The easement was dedicated with the Kingswood Ponds 1St Addition plat to accommodate a public storm sewer pipe that drains East Pond Road (private street). The easement can be reduced in width and still sufficiently cover the storm sewer pipe. • The purpose for the request to vacate a portion of the easement is that the property owner is proposing to construct a portion of the house in the vacated easement area. 4113 Agenda Information Memo November 1, 1999 K. PROJECT 96-CC,MAJESTIC OAKS ACTION TO BE CONSIDERED: To acknowledge the completion of Project 96-CC (Majestic Oaks — Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Majestic Oaks was constructed northwest of the intersection of Cliff Road (County Road 32) and Highway 3, and includes Majestic Oaks Court. This single-family residential development required the construction of street improvements and the installation of sanitary sewer, water main, and storm sewer, which was performed privately by the developer under the terms and conditions of the development contract agreement. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. Agenda Information Memo November 1, 1999 L PROJECT 97-C LEXINGTON POINTE 12TH ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Project 97-C (Lexington Pointe 12th Addition — Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Lexington Pointe 12th Addition was constructed southeast of the intersection of Lexington Ave. (County Road 43) and Lexington Pointe Parkway, mainly consisting of Matthew Court. This development required the construction of street improvements and the installation of sanitary sewer, water main, and storm sewer, which was performed privately by the developer under the terms and conditions of the development contract agreement. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. Agenda Information Memo November 1, 1999 Eagan City Council Meeting M. TEMPORARY ON-SALE LIQUOR LICENSE FOR YMCA AND REQUEST FOR WAIVER OF LICENSE FEE ACTION TO BE CONSIDERED: To approve the temporary on-sale liquor license and waive the license fee for the YMCA. FACTS: • The YMCA has requested a temporary on-sale liquor license be issued to them for an event planned for Saturday, November 13, 1999. The event is being held to raise money to expand the day camp programs for kids in Dakota County. • The YMCA is also requesting that the $150.00 license fee be waived. • The application form has been reviewed and deemed in order by staff. • Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS: • Liquor license enclosed without page number. r �6 Agenda Information Memo November 1, 1999 Eagan City Council Meeting N. SUPPORT APPLICATION OF A METROPOLITAN REGIONAL ARTS COUNCIL GRANT ACTION TO BE CONSIDERED: To support the submission of an application for a Metropolitan Regional Arts Council Grant. FACTS: • The Youth Development program has applied for a Metropolitan Regional Arts Council grant totaling $2960.00. Last year, this grant was received for a summer art camp held at the Caponi Art Park. Ninety youth attended the program. • The Metropolitan Regional Arts Council is designated by the State of Minnesota to make decisions on the appropriations for local/regional arts development • The panel will review the grant on December 10 with award notification to follow on December 17. Agenda Information Memo November 1, 1999 Eagan City Council Meeting O. ADOPTION OF RESOLUTION CONSENTING TO THE TRANSFER OF, CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISE TO AT&T CORPORATION OR AFFILIATES THEREOF ACTION TO BE CONSIDERED: To adopt the resolution consenting to the transfer or"change" of control from the current cable TV franchisee MediaOne to AT&T. FACTS: • On July 15, 1999 AT&T submitted to the Telecom Commission, and its Member Cities, the 394 Application to request the "change of control of the existing MediaOne cable television franchise." With the receipt of the Application, the federally mandated 120-day review period commenced. During this period, the Telecom Commission's staff and legal counsel reviewed AT&T's technical, financial and legal qualifications to own/operate a cable TV system. Legal counsel has presented its report, findings and recommendations to the Commission for its consideration at its October 28 meeting. It is assumed the Commission will accept the findings and the recommendation for the Member Cities to adopt the attached resolution. The resolution would allow the change of control of the cable system to AT&T, conditioned upon the eight provisions as noted in the resolution, including the approval the Acceptance and Agreement document (see Consent Agenda Item P). • As the review period will expire on November 13, the Council will need to take action on this item at its November 1 meeting otherwise, absent action by the Council, the transfer will be deemed approved. As the Commission meets after the Council's agenda background and packet is produced, any changes to the assumed recommendation(s) from the Commission will be conveyed as soon as possible to the Council. ATTACHMENTS: • Resolution,consenting to the transfer of control of and certain ownership interests in a cable television franchise to AT&T Corp., or affiliates thereof enclosed on page -5� CITY OF EAGAN RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISE TO AT&T CORP., OR AFFILIATES THEREOF WHEREAS, the cable television franchise ("Franchise") of the City of Burnsville, Minnesota ("Authority") is currently owned and operated by MediaOne North Central Communications Corp. ("Franchisee"), an subsidiary of the parent company,MediaOne Group,Inc. ("MediaOne"); and WHEREAS, MediaOne intends to transfer control of Franchisee to AT&T Corp. ("AT&T") as a result of a parent company level merger pursuant to that certain Agreement and Plan of Merger dated May 6, 1999, (the "MediaOne/AT&T Agreement"); and WHEREAS, the Authority has received a request for consent to the transfer of control of Franchisee from MediaOne to AT&T ("MediaOne/AT&T Transfer"); and WHEREAS, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding; and WHEREAS, the Authority has determined that subject to certain conditions which must be met, AT&T possesses the requisite legal, technical and financial qualifications. NOW, THEREFORE,BE IT RESOLVED, that the MediaOne/AT&T Transfer is hereby consented to by the Authority and permitted conditioned upon: 1. Execution and delivery of Acceptance Agreement acceptable to the Authority in the form attached hereto; 2. Securing all necessary federal, state, and local government waivers, authorizations, or approvals relating to the MediaOne/AT&T transfer to the extent provided by law; 3. Reimbursement of all reasonable fees incurred in the Authority's review of the proposed transaction as required by Franchise; 4. The successful closing of the Transaction described in the MediaOne/AT&T Agreement; 5. Non-waiver by Authority of any unknown yet existing franchise non-compliance issues; 6. Non-waiver by Authority of any right to dispute here-to-date unaudited franchise fee payments; 7. Non-waiver by Authority of any right to require franchise fee payments on future services delivered by AT&T via the cable system; and T / 8. Non-waiver by Authority of any right to pursue any remedies available, whether acted upon by Authority at the time of this approval, regarding Franchisee's compliance with customer service standards or other customer service obligations. BE IT FURTHER RESOLVED, that nothing herein shall be construed or interpreted to constitute any approval of, consent to or support for any proceeding currently pending before the FCC,or any other federal, state, or local government waivers, authorizations or approvals, other than that transaction described above. BE IT FURTHER RESOLVED, that nothing herein shall waive or diminish any lawful authority of Authority in the future to require Franchisee to offer nondiscriminatory open access subject to applicable law, nor shall anything herein diminish or waive any lawful rights of Franchisee regarding Authority's authority to impose such conditions. Prior to the enactment of any such requirement, Franchisee shall be provided with reasonable notice and an opportunity to be heard. BE IT FURTHER RESOLVED, that AT&T may, from time to time, assign, grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender providing financing to AT&T ("Secured Party"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b)made pursuant to the order of any governmental authority, (c) consented to by the Authority or(d) any of such information which was, prior to the date of such disclosure, disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with respect to such information subject, however, to each of the terms and conditions of the Franchise. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, 1✓. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1sT day of November, 1999. E. J. VanOverbeke, City Clerk so Agenda Information Memo November 1, 1999 Eagan City Council Meeting P. APPROVE AGREEMENT AND ACCEPTANCE BETWEEN AT&T, MEDIAONE AND THE CITY OF EAGAN AS IT PERTAINS TO THE TRANSFER OF CONTROL ACTION TO BE CONSIDERED: To approve the agreement and acceptance between AT&T, MediaOne and the City of Eagan and authorize the execution of the agreement and acceptance by the City. FACTS: • The review and analysis of the applicant's (AT&T) financial qualifications to own and operate the cable TV system is one of the main steps in the overall review. While some financial information was received, a detailed analysis of AT&T's ability to acquire and close the transaction was not conducted, as it was assumed that if AT&T has the requisite financial resources to acquire and close the transaction, it will. However, of concern was whether AT&T, or more importantly the affiliate (Meteor) directly responsible for the cable system, has adequate financial resources to own and operate the system and to comply with the City's franchise. Therefore, legal counsel has recommended, and it is assumed the Telecom Commission will concur at its October 28 meeting, that AT&T, MediaOne and the City execute the attached Acceptance and Agreement. Through this action, AT&T formally agrees to all conditions of the Transfer Resolution and, furthermore, all conditions of the franchise. • Additional background for this item is provided under Consent Agenda Item O. ATTACHMENTS: • Agreement and acceptance regarding transfer of control of cable franchise from MediaOne to AT&T on pagestegk- AGREEMENT AND ACCEPTANCE AT&T Corp. ('AT&T') and MediaOne North Central Communications Corp. ("Franchisee") and the City of Eagan, Minnesota ("Authority") make the following agreement on 1999 for the purpose of making certain agreements and confirming acceptance of a Resolution adopted by the Authority consenting to the change of control of the Franchisee and its cable Franchise from MediaOne Group, Inc., ("MediaOne") to AT&T pursuant to certain agreements between MediaOne and AT&T, or its affiliates ("Change of Control"). 1. AT&T acknowledges that Authority has consented to the Change of Control in reliance upon the representations, documents, and information provided by AT&T and on the Form 394 submitted to Authority. 2. AT&T and Franchisee acknowledges, accepts and agrees to the terms of Resolution No. of Authority consenting to the Change of Control and agree that any closing of the Change of Control will be in accordance therewith. 3. AT&T acknowledges, accepts and agrees that, as of closing of the Change of Control, Franchisee will be subject to the terms and conditions of the Franchise of the Authority currently held by MediaOne ("Franchise"). 4. AT&T and Franchisee, from and after the closing of the Change of Control, will act in accordance with the terms and conditions of this Agreement and Acceptance and will not act inconsistent with the terms and conditions contained in the Franchise. AT&T CORP. By: Its: MEDIAONE NORTH CENTRAL COMMUNICATIONS CORP. By: Its: ,r CITY OF EAGAN, MINNESOTA By: Its: U:kable\Beccc 51469\AT&T AGREEMENT AND ACCEPTANCEInd Agenda Information Memo November 1, 1999 Eagan City Council Meeting Q. LICENSE RENEWALS FOR THE YEAR 2000, TRASH HAULER, TREE CONTRACTOR AND TOBACCO LICENSES ACTION TO BE CONSIDERED: To approve the license renewals for the year 2000, trash hauler, tree contractor and tobacco licenses. FACTS: • The City annually licenses parties doing business in the above-referenced categories. These licenses are in order for review by the Council at this time. ATTACHMENTS: • List of licensees requesting renewal. 2000 TRASH HAULER RENEWAL LICENSES CONSTRUCTION/DEMO HAULERS Lloyd's Construction Services Total Sanitation Service 16800 Welcome Avenue 5885 Sunrise Drive Prior Lake,MN 55372 Minneapolis,MN 55419 New Earth Services Keith Krupenny&Son 4841 Biscayne Avenue 1214 Hall Avenue Eagan,MN 55121 W. St.Paul,MN JME of Monticello 1401 Fallon Avenue Monticello,MN 55362 2000 TRASH HAULER RENEWAL LICENSES COMMERICAL/MULTIPLE DWELLING HAULERS New Earth Services 4841 Biscayne Avenue Eagan,MN 55121 2000 TOBACCO RENEWAL LICENSES Bylerly's Inc. Bylerly's Wines& Spirits 1299 Promenade Place 1299 Promenade Place Eagan,MN 55122 Eagan,MN 55122 Tobacco Etc. McG's 1430 Yankee Doodle Road 1969 Silver Bell Road Eagan,MN 55121 Eagan,MN 55122 Pro-Stop Cellars Wines& Spirits 850 Lone Oak Road 2113 Cliff Road Eagan,MN 55121 Eagan,MN 55122 Big Top Wine&Spirits Big Top Wine&Spirits 1282 Town Centre Drive 3900 Beau D'Rue Drive Eagan,MN 55123 Eagan,MN 55122 Kwik Trip Jensens Supper Club 3145 Dodd Road 3840 Sibley Memorial Highway Eagan,MN Eagan,MN Silver Bell Liquor Joe Senser's Sports Grill&Bar 1983 Silver Bell Road 3010 Eagandale Place Eagan,MN Eagan,MN Eagan Amoco 4205 Nicols Road Eagan,MN 2000 TREE CONTRACTOR RENEWAL LICENSES R&R Tree Experts S&S Tree&Horicultural Specialists 24546 Cedar Point Road 6214 Concord Blvd. New Prague,MN 56071 Inver Grove Heights,MN 55076 Agenda Information Memo November 1, 1999 Eagan City Council Meeting ` I ................................. A. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To approve certif}cation of delinquent utility accounts to Dakota County for collection with property taxes. FACTS: • The City currently has approximately 268 utility bill accounts with delinquent payments. The assessable amount of these accounts is $48,753.13. These items are in order for certification to the County. ATTACHMENTS: L— • Delinquent account list attached on pages S through . REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ------------------------------------------------------------------------------------------------ 1010290302 101670305006 130.49 AC 155.49 1010910601 101670314005 92.50 AC 117.50 1030330304 101670106005 227.33 AC 252.33 1030900303 101670110002 342.28 AC 367.28 1030930003 101670107002 68.61 AC 93.61 1031110803 101670116004 160.91 AC 185.91 1040290703 101670125001 260.11 AC 285.11 1040450702 101670109001 249.64 AC 274.64 1040770802 101670331001 216.84 AC 241.84 1041070205 101670308002 158.81 AC 183.81 1050070003 108460007005 161.23 AC 186.23 1050380302 108460001004 61.34 AC 86.34 1050620204 108460019003 58.93 AC 83.93 1051120204 108460005002 189.82 AC 214.82 1060110202 103230011000 107.26 AC 132.26 1060650701 102488021005 253.64 AC 278.64 1060710901 102488004006 173.62 AC 198.62 1061120002 102488011003 204.64 AC 229.64 1070100103 108435101001 16.12 AC 41.12 1070110006 108435102001 1068.02 AC 1093.02 1070120904 108435103001 74.04 AC 99.04 1070350206 108435116002 92.78 AC 117.78 1080250203 108435018002 197.44 AC 222.44 1090070201 108435408601 203.12 AC 228.12 1090110602 108435412001 54.53 AC 79.53 1090510702 108435417003 180.03 AC 205.03 1090650103 108435401004 1143.72 AC 1168.72 . S7 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ------------------------------------------------------------------------------------------ 1090770703 108435422001 91.16 AC 116.16 1091050304 108425020001 185.48 AC 210.48 1091470301 108425001001 1.96 AC 26.96 1100050201 108460105008 378.24 AC 403.24 1100130205 108460108007 181.10 AC 206.10 1110550906 108460230002 202.43 AC 227.43 1111080603 108460232001 57.12 AC 82.12 1112250402 104725210001 70.36 AC 95.36 1120400501 106440005001 167.49 AC 192.49 1140500803 108435518003 144.78 AC 169.78 1150010503 108425116001 76.64 AC 101.64 1150130101 108425104001 73.79 AC 98.79 1150620101 108425107004 196.22 AC 221.22 1150780303 108425201002 113.80 AC 138.80 1170590202 104805007002 124.39 AC 149.39 1171340102 104805010101 365.05 AC 390.05 1171840001 107297514001 159.82 AC 184.82 1173010801 107297614003 110.87 AC 135.87 1173300305 107297619006 214.28 AC 239.28 1173411803 107297806001 103.30 AC 128.30 1174370502 107297703201 139.52 AC 164.52 1180460602 101350003002 141.68 AC 166.68 1181630301 101350017006 206.58 AC 231.58 1181690703 101350011606 181.32 AC 206.32 1181800201 101350011005 161.24 AC 186.24 1190130301 101500309001 99.80 AC 124.80 1200320802 106585019002 94.69 AC 119.69 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ------------------------------------------------------------------------------------------------ 1200730802 108195016001 317.71 AC 342.71 1200930403 108195005002 251.99 AC 276.99 1201770303 108195005006 127.35 AC 152.35 1210070704 101715030002 113.80 AC 138.80 1210870003 101715201003 84.17 AC 109.17 1210940103 101715302001 153.37 AC 178.37 1211080506 101715316001 225.28 AC 250.28 1213450807 105380102102 151.84 AC 176.84 1220350102 105621006002 56.33 AC 81.33 1220550602 104430004002 107.40 AC 132.40 1221370805 105210016005 84.05 AC 109.05 1221570305 105210018002 186.73 AC 211.73 1222250103 105210010005 93.53 AC 118.53 1222800302 105210003006 240.84 AC 265.84 1223380503 107298802004 100.61 AC 125.61 1223460501 102580003001 225.21 AC 250.21 1223920801 102580011102 175.04 AC 200.04 1224720102 107299604001 156.82 AC 181.82 1226020404 102580103005 94.07 AC 119.07 1226260602 102580101004 155.84 AC 180.84 1230660105 103980005002 167.98 AC 192.98 1230930804 103980202001 281.52 AC 306.52 1231130403 103980202006 98.86 AC 123.86 1231170003 103980202007 139.76 AC 164.76 1231760803 103980302009 140.66 AC 165.66 1242070901 105210107001 182.00 AC 207.00 1242600301 104507028004 182.45 AC 207.45 i n � 7 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ----------------------------------------------------------------------- 1250500406 107595003003 145.00 AC 170.00 1251740502 107595134001 160.50 AC 185.50 1260120904 101660001201 119.83 AC 144.83 1260440103 101660105003 389.97 AC 414.97 1260470805 101660102003 96.12 AC 121.12 1260830306 101660204001 257.11 AC 282.11 1260880802 101660209001 182.35 AC 207.35 1260920205 101660212102 235.49 AC 260.49 1261120806 101660202102 65.99 AC 90.99 1261180206 101740014400 206.10 AC 231.10 1261380803 101740016300 102.66 AC 127.66 1261420205 101740016100 33.69 AC 58.69 1261980503 101740106001 91.33 AC 116.33 1262260103 101740005201 95.97 AC 120.97 1262520802 101740225002 124.08 AC 149.08 1262560405 101740209103 165.87 AC 190.87 1263283202 101740403201 266.62 AC 291.62 1263284002 101740403101 223.58 AC 248.58 1263321002 105355001001 113.91 AC 138.91 1264410001 106920010000 113.60 AC 138.60 1270070403 106398007001 273.60 AC 298.60 1270160301 106398004002 97.51 AC 122.51 1270870703 106398004008 212.31 AC 237.31 1280660004 106398201607 38.81 AC 63.81 1280730104 106398204006 119.20 AC 144.20 1280840807 106398609001 184.82 AC 209.82 1281200404 106398303009 161.18 AC 186.18 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ------------------------------------------------------------------------------------------------ 1281250902 106398304008 146.85 AC 171.85 1281680705 106398401011 125.36 AC 150.36 1282760601 105675104003 130.76 AC 155.76 1283610203 101375016003 306.56 AC 331.56 1283830605 101375001002 522.10 AC 547.10 1283910603 101375009002 141.15 AC 166.15 1291130103 102275047002 181.14 AC 206.14 1301410501 103297508001 195.96 AC 220.96 1303020002 102560103004 201.99 AC 226.99 1310570501 101230005005 574.39 AC 599.39 1310990501 104727702003 236.42 AC 261.42 1311270102 107296108001 192.69 AC 217.69 1315590801 103215138002 177.20 AC 202.20 1316630101 108375101004 247.19 AC 272.19 1319200001 105769003005 177.42 AC 202.42 1320970502 104725329001 118.41 AC 143.41 1321310301 104725301002 118.73 AC 143.73 1322840801 103350002001 22.53 AC 47.53 1551390601 100360001082 17.69 AC 42.69 2310680002 101670012003 103.48 AC 128.48 2311200602 101670008006 152.87 AC 177.87 2320620404 101670018009 303.35 AC 328.35 2320730105 101670002009 66.90 AC 91.90 2321260801 101670210004 208.96 AC 233.96 2321300206 101670215006 2.83 AC 27.83 2321370504 101670201006 129.63 AC 154.63 2330080901 101665004001 60.55 AC 85.55 6/ REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ----------------------------------------------------------------------------------------------- 2330100502 101665002001 305.22 AC 330.22 2330580803 101670243008 231.04 AC 256.04 2330760602 101670201007 117.84 AC 142.84 2340831305 101330002001 123.61 AC 148.61 2340841201 101330003001 .50 AC 25.50 2341061603 100170001202 142.06 AC . 167.06 2342000303 101430110001 103.27 AC 128.27 2342060704 101430103001 200.35 AC 225.35 2350740301 101670405005 323.88 AC 348.88 2350780904 101670409005 80.64 AC 105.64 2350930003 101670408011 2.78 AC 27.78 2350980502 101670413011 283.24 AC 308.24 2351250201 101670406006 136.31 AC 161.31 2360150302 101670401007 3.57 AC 28.57 2360260002 101670410001 84.05 AC 109.05 2370770601 101670508004 ' 35.03 AC 60.03 2380030302 101670603005 235.44 AC 260.44 2380330701 101670415010 31.44 AC 56.44 2380360401 101670412010 172.34 AC 197.34 2380880104 101670614002 34.70 AC 59.70 2390010303 100200004177 157.00 AC 182.00 2390620901 101670608010 151.31 AC 176.31 2390680305 101670601009 74.25 AC 99.25 2390960904 101670605008 175.79 AC 200.79 2391100102 101670619008 110.41 AC 135.41 2391210801 101670509009 113.37 AC 138.37 2391660407 103295103002 181.30 AC 206.30 602. REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ------------------------------------------------------------------------------------------------ 2391700804 103295103003 86.72 AC 111.72 2391940003 103295104009 67.39 AC 92.39 2391960802 103295204006 242.41 AC 267.41 2392110902 103295204010 147.77 AC 172.77 2400540703 107710005010 1.87 AC 26.87 2400610802 107710005012 81.42 AC 106.42 2400790806 107710002016 , 25.71 AC 50.71 2401010004 107710001005 45.12 AC 70.12 2401020903 107710002005 201.09 AC 226.09 2401100906 107710001003 207.51 AC 232.51 2401250206 107710002008 73.71 AC 98.71 2410760901 101670708008 265.10 AC 290.10 2410900103 101670704006 79.09 AC 104.09 2410960503 101670727006 201.74 AC 226.74 2411850701 101438705002 402.96 AC 427.96 2420020604 107300202005 208.81 AC 233.81 2420160007 107300203009 106.05 AC 131.05 2420290502 107300001003 68.48 AC 93.48 2420380405 107300007020 178.78 AC 203.78 2421080901 107300104014 139.42 AC 164.42 2421090806 107300101014 112.57 AC 137.57 2421650905 107300402002 502.67 AC 527.67 2430220003 107650001008 58.30 AC 83.30 2430850401 107650202011 157.12 AC 182.12 2431020301 1076.50203008 103.86 AC 128.86 2431870102 107650304010 211.64 AC 236.64 2432450107 105750318003 122.69 AC 147.69 6 3 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ------------------------------------------------------------------------------- 2433110005 108446107002 98.46 AC 123.46 2433380902 108446012001 328.94 AC 353.94 2433570504 108446011002 325.49 AC 350.49 2440641501 100160001379 246.61 AC 271.61 2440840302 103310001001 1.68 AC 26.68 2446660902 104200101001 1.14 AC 26.14 2451180003 108365005105 158.95 AC 183.95 2451630404 108365108002 167.63 AC 192.63 2451800301 108365314001 160.57 AC 185.57 2460660003 102190052001 238.92 AC 263.92 2471268901 101380005001 206.48 AC 231.48 2480720804 106590106001 42.15 AC 67.15 2500200702 101499020001 184.32 AC 209.32 2500280903 101499108001 1.65 AC 26.65 2500410207 101499207001 127.71 AC 152.71 2500520806 101499218001 54.93 AC 79.93 2501140402 101499361001 59.32 AC 84.32 2501260002 101499301002 220.21 AC 245.21 2530480902 102390030002 83.19 AC 108.19 2531098802 101910104002 129.82 AC 154.82 2566550601 106712502013 60.45 AC 85.45 3550140201 100100006030 17.28 AC 42.28 3550490101 100380008002 17.97 AC 42.97 3550660901 104870001200 24.55 AC 49.55 3551320902 104870001300 24.55 AC 49.55 3610080802 106805004101 322.87 AC 347.87 3610710004 104130005001 125.30 AC 150.30 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ------------------------------------------------------------------------------------------------ 3611272002 101815001005 105.45 AC 130.45 3614790804 101815202004 183.90 AC 208.90 3621740403 105530019003 204.03 AC 229.03 3630010102 107725002000 166.82 AC 191.82 3630340201 108140008002 56.73 AC 81.73 3630520902 108140002001 79.05 AC 104.05 3630700702 101830009105 134.08 AC 159.08 3630790804 101830005101 91.29 AC 116.29 3631270001 101830011008 109.64 AC 134.64 3640191707 102096014004 22.63 AC 47.63 3640210504 102096007003 133.81 AC 158.81 3640480411 102096021001 143.62 AC 168.62 3643050201 104465157001 75.91 AC 100.91 3650470203 104775006001 937.53 AC 962.53 3650570902 104775011002 91.67 AC 116.67 3650900805 104775004003 161.46 AC 186.46 3651030305 104775110001 82.54 AC 107.54 3651260601 104775210002 92.90 AC 117.90 3660420502 101560009000 165.09 AC 190.09 3660750502 103200002000 160.94 AC 185.94 3672550501 101550114003 117.41 AC 142.41 3680340101 103299003002 131.69 AC 156.69 3690350801 107079004001 78.34 AC 103.34 3690570104 108447604001 60.40 AC 85.40 3701120202 104506020002 56.33 AC 81.33 3701740701 104506008002 114.77 AC 139.77 3710660601 107250028001 148.55 AC 173.55 6�� REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ------------------------------------------------------------------------------ 3711640702 107250011005 214.70 AC 239.70 3711690203 107250006005 211.14 AC 236.14 3720030003 103090003002 87.13 AC 112.13 3750500502 101827538003 238.37 AC 263.37 3770800502 104507526001 176.07 AC 201.07 3770840101 104507522001 267.64 AC 292.64 3781620402 104507901002, 38.01 AC 63.01 3826180601 101460002001 385.27 AC 410.27 3826280401 108361102002 16.81 AC 41.81 40310.03* <*> 1111420406 108460203001 71.26 CB 96.26 1171600803 107297501207 62.72 CB 87,72 1203850104 102247524003 28.08 CB 53.08 1211170401 101715305002 20.71 CB 45.71 1222590004 105210005007 247.38 CB 272.38 1261840109 101740016900 178.88 CB 203.88 1281810006 106398402009 43.93 CB 68.93 1301030102 107820101001 73.56 CB 98.56 1318040101 104509412002 43.01 CB 68.01 1320740201 104725306001 9.75 CB 34.75 2340233201 100190001211 83.85 CB 108.85 2410880503 101670708005 304.19 CB 329.19 2420570004 107300004014 157.71 CB 182.71 2490110003 103275004002 184.18 CB 209.18 2566990401 104950006002 42.93 CB 67.93 3640181806 102096012004 190.96 CB 215.96 1743.10* <*> 66 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT-NUMB PID AMT-OPEN ACCOUNT-STATUS ASSESS-AMT ------------------------------------------------------------------------------------------------ 42053.13* 48753.13* <eF f Agenda Information Memo November 1, 1999 Eagan City Council Meeting B. VARIANCE (SIDE YARD SETBACK—882 OAK COURT) RAY BRANDT ACTION TO BE CONSIDERED: To approve a 8 foot Variance to the 30 foot side yard setback requirement(from a public street) for Lot 15,Block 1, Gardenwood Ponds 3rd Addition located in the NE 1/4 of Section 23. FACTS: ➢ The vacant lot is zoned R-1, Single Family Residential. The minimum setback from a public street is 30 feet in the R-1 district. ➢ The applicant is requesting a variance of 8 feet to the required 30 foot setback from North Ridge Drive. ➢ According to the applicant,the hardship for the variance is: 1. The home size(2,372 square feet)is consistent with other home sizes in the area and that a smaller home (which meets setback requirements)would be out of character. 2. The curved alignment of North Ridge Drive will make the proposed setback unnoticeable. 3. The buyers prefer this particular lot as it lies adjacent to open space(Eagan High School)on the south. ISSUES: ➢ The lot is vacant and there appears to be no physical constraints that would preclude an alternate design that meets setback requirements. ATTACHMENTS (1) Staff report,pages through PLANNING REPORT CITY OF EAGAN REPORT DATE: October 15, 1999 CASE: 23-VA-17-10-99 APPLICANT: Ray Brandt HEARING DATE: November 1, 1999 PROPERTY OWNER: D.R. Horton, Inc. PREPARED BY: Bob Kirmis REQUEST: Variance (public street setback) LOCATION: 882 Oak Court COMPREHENSIVE PLAN: D-I, Single Family/(0-3 units/acre) ZONING: R-1, Residential Single Family SUMMARY OF REOUEST Mr. Ray Brandt is requesting approval of a 8 foot Variance to the 30 foot setback requirement (from a public street) for a single family residential property located at 882 Oak Court (Lot 15, Block 1, Gardenwood Ponds 3rd Addition). Specifically, Mr. Brandt is proposing to construct a new home that would lie 22 feet from the right-of-way of North Ridge Drive. The subject property is zoned R-1, Single Family Residential. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein i£ 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 4 ? Planning Report—Brandt Variance(882 Oak Court) November 1, 1999 Page 2 CODE REQUIREMENTS The R-1, Residential Single Family zoning district imposes a minimum side yard setback requirement of 30 feet along any front yard or public street. EXISTING CONDITIONS Gardenwood Ponds Yd Addition received Final Subdivisionapproval in October of 1998. The subject property is an undeveloped corner lot and measures 15,578 square feet in area and 98 feet in width (at the front'setback line). The site is bounded on the north, east and west by single family detached homes and on the south by Eagan High School. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the hardship for the requested variance is based on the following factors as summarized below: ➢ The home size (2,372 square feet) is consistent with other home sizes in the area. A smaller home (which meets setback requirements)would be out of character. ➢ The curved alignment of North Ridge Drive would make the proposed setback unnoticeable to passersby. ➢ The buyers prefer this lot as it lies adjacent to open space (Eagan High School) on the south. EVALUATION OF REQUEST The applicant is proposing to construct a 2,372 square foot home on the subject lot. The home would lie 22 feet from the North Ridge Drive right-of-way. The proposed home measures 68 feet in width and includes a three-stall garage. The subject lot is currently vacant and there does not appear to be any unique physical features on-site that would prohibit an alternative design that would meet setback requirements. The hardship determination is considered a policy matter to be determined by City Officials. Planning Report—Brandt Variance (882 Oak Court) November 1, 1999 Page 3 SUMMARY/CONCLUSION The applicant is requesting an 8 foot variance from the 30 foot public street setback applicable to the subject property. The subject lot is currently vacant and there does not appear to be any unique physical features on-site that would prohibit an alternative design that would meet setback requirements. A determination as to whether the applicant has adequately demonstrated hardship is considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To approve an 8 foot Variance from the required 30 foot setback applied to Lot 15, Block 1, Gardenwood Ponds 3rd Addition. 91 Eagan Boundary Street Centerline Lomfion Parcel Building Footprint OR WA RM mill is, Owl MOM CAMP 03 01,m wee Z--- FrJWAjrA gp lu MEN= LZIN ME IN PH 93 eco®� ��a�oo�e����eo�� c®��� o►�►.�� ��� ��� s w� �� ®Q��® - . 0210 ® �caaoo� Devel. . . . Application: Case No.: 1 +City of Eagan THIS MAP 13 INTENDED FOR REFERENCE USE ONLY 1, Ity,Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for error$or emissions. F! Iff �- CERTiFiWE OF SURVEY M32-2083-99 for D.R. HORTON 00 0915 W 'o 65 95 46 X110 `\ se 1 D,..Go +6b \9,09.06 h� .6 GQ0 lgsm —ti t 109 ` LA \ , i 0; \ 1 Z \ \ � I ,i A 0. w J \ 1 uoUSE= 2,372 SOFT ` i �._pro'^O9e. Lot = 15',573 SOFT, \ utility \ ap3ement No N� \ 11D N A \ _ J an Ot 5� m L s 78.453, . 440.00 ft i � view Park Roa North Top curb to Gor slab = Top block = Lowest bsmt fir = Scale: 1" = 30' 882 Oak Court DESCRIPTION I hereby certify that this survey, pion, or Lot 15, Block 1, report was prepared by me or under my direct GARDENW00D PONDS THIRD supervision and that 1 am a duly Registered Dakota County, Minnesota Land Surveyor under the Lows of the State plat bearings shown of Mi eso g o Denotes iron monument Existing Proposed ate )9')) Reg. No. 8140 BRANDT ENGINEERING & SURVEYING 1600 West 143rd Street, Suite 206 Burnsville, MN 55306 (612) 435-1966 M32-1083-99 SURVEY 93 882 Oak Court GARDENWOOD PONDS was approved approximately 5 years ago. At that time,the plan was for larger homes to be built in the area near Bald Lake and Govern Circle. Smaller homes were planned for the North Ridge Drive vicinity. As the project proceeded into later additions,the smaller homes did not materialize.The larger homes were also built along North Ridge Drive. This lot is one that doesn't lend itself to a larger home without a variance of the setback along North Ridge Drive. The curved alignment of North Ridge Drive is such that one wouldn't notice that the house on 882 Oak Court is located closer to North Ridge Drive than the allowed 30 feet. A variance is being requested to allow the setback to become 21.78 feet instead of the 30 feet. There are buyers who want this house on this lot. No change to the Comprehensive Guide Plan or Zoning classification is needed nor being requested. The lot exists in a single-family area and this house would fit on adjacent lots.This lot starts at 95 plus feet wide,widens out as you go to the south along North Ridge Drive and then narrows as you go further along North Midge Drive to the south.At the rear of the lot the width becomes 78.45 feet. The sideyard setback makes it impossible to place this house on the lot. The buyers like this lot for a number of reasons,one being that no one will live to the rear of the house. The high school property is south of Northview Park Road.Northview Park Road is along the rear boundary of the lot. There is one more lot where a variance is being requested in GARDENWOOD PONDS and for similar reasons. There should be no more lots where a variance would be requested. I urge you to give your approval of this request. APPLICANT CORRESPONDENCE Agenda Information Memo November 1, 1999 Eagan City Council Meeting C. VARIANCE (SIDE YARD SETBACK—3877 BIG TIMBER TRAIL) RAY BRANDT ACTION TO BE CONSIDERED: To approve a 8 foot Variance to the 30 foot side yard setback requirement(from a public street) for Lot 8,Block 2, Gardenwood Ponds 4b Addition located in the NE '/4 of Section 23. FACTS: ➢ The vacant lot is zoned R-1, Single Family Residential. The minimum setback from a public street is 30 feet in the R-1 district. ➢ The applicant is requesting a variance of 8 feet to the required 30 foot setback from Northview Park Road. ➢ According to the applicant,the hardship for the variance is: 1. The home size(2,535 square feet)is consistent with other home sizes in the area and that a smaller home (which meets setback requirements)would be out of character. 2. The curved alignment of Northview Park Road will make the proposed setback unnoticeable. 3. The buyers prefer this particular house design on the property. ISSUES: ➢ The lot is vacant and there appears to be no physical constraints that would preclude an alternate design which meets setback requirements. ATTACHMENTS (1) Staff report,pages%through V PLANNING REPORT CITY OF EAGAN REPORT DATE: October 14, 1999 CASE: 23-VA-18-10-99 APPLICANT: Ray Brandt HEARING DATE: November 1, 1999 PROPERTY OWNER: D.R. Horton, Inc. PREPARED BY: Bob Kirmis REQUEST: Variance (frontyard setback) LOCATION: 3877 Big Timber Trail COMPREHENSIVE PLAN: D-I, Single Family/(0-3 units/acre) ZONING: R-1, Residential Single Family SUMMARY OF REQUEST Mr. Ray Brandt is requesting approval of a 8 foot Variance to the 30 foot setback requirement (from a public street) for a single family residential property located at 3877 Big Timber Trail (Lot 8, Block 2, Gardenwood Ponds 4'Addition). Specifically, Mr. Brandt is proposing to construct a new home that would lie 22 feet from the right-of-way of Northview Park Road. The subject property is zoned R-1, Single Family Residential. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein i£ 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable hardship or difficulty. "?6 Planning Report—Brandt Variance (3877 Big Timber Trail) November 1, 1999 Page 2 CODE REQUIREMENTS The R-1, Residential Single Family zoning district imposes a minimum setback requirement of 30 feet along any public street. EXISTING CONDITIONS Gardenwood Ponds 4'Addition received Final Subdivision approval in April of 1999. The subject property is an undeveloped corner lot and measures approximately 21,000 square feet in size and 100 feet in width (at the front setback). The site is bounded on the north, east and west by single family detached homes and on the south by Eagan High School. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the hardship for the requested variance is based on the following factors as summarized below: ➢ The home size (2,535 square feet) is consistent with other home sizes in the area. A smaller home (which meets setback requirements) would be out of character. ➢ The curved alignment of Northview Park Road will make the proposed setback unnoticeable ➢ The buyers prefer this particular house design on the property. EVALUATION OF REQUEST The applicant is proposing to construct a 2,535 square foot home on the subject lot. The home would lie 22 feet from the Northview Park Road right-of-way. The proposed home measures 70 feet in width and includes a three-stall garage. The subject lot is currently vacant and there does not appear to be any unique physical features on-site that would prohibit an alternative design that would meet setback requirements. The hardship determination is considered a policy matter for City Officials. Planning Report—Brandt Variance (3877 Big Timber Trail) November 1, 1999 Page 3 SUMMARY/CONCLUSION The applicant is requesting an 8 foot variance from the 30 foot public street setback applicable to the subject property. The subject lot is currently vacant and there does not appear to be any unique physical features on-site that would prohibit an alternative design that would meet setback requirements. A determination as to whether the applicant has adequately demonstrated hardship is considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To approve an 8 foot Variance from the required 30 foot setback applied to Lot 8, Block 2, Gardenwood Ponds 4ffi Addition. Mwl •� -J:r ® •� ♦10 ®� ®� .� LA VON PIN .� a©Deva®���® �� c�► ♦ t � �. �1•:•�� �'��► �a SCC® INNER ® �� ,omato " .® ♦ ♦ 1 ��s ► . : :� ® s raluo -moo �o� �®, ,® � ► ��I�,�'' Ll �� ���� "LLU , r ��� 0000 `�._ � �®���� ► ���®® � ®®® VAN Subject SiteEM Vigoal i: ������„ .� ®�!��i� �1►� �Ill Development/Developer. Brandt Engineering Applicqtion: Variance CERTIFICATE OF SURVEY M32-2080-99 for D.R. HORTON I I I — 7 S7 270 03E 1 I — I w I �ro I �oae q N 770 N lU 2 I 4 l 0;K 00 acb QD- 0 g 183.21 �✓'—_J ^ R s1 7'.564• h •� h view Pork Rood LOT = 21,onn sQ.FF. HovyE = 2,535 SO-VT Top curb to Gar slab = Top block = Lowest bsmt fir = Scale: 1" = 30' 3877 Big Timber Trail DESCRIPTION I hereby certify that this survey, plan, or Lot 8, Block 2, report was prepared by me or under my direct GARDENWOOD PONDS FOURTH supervision and that I am a duly Registered Dakota County, Minnesota Land Surveyor under the Laws of the State of Minnesota. Plat bearings shown o Denotes iron monument Date, :n ')3 �Reg. No. 8140 Existi_g j Proposed BRANDT ENGINEERING & SURVEYING 1600 West 143rd Street, Suite 206 Burnsville, MN 55306 (612) 435-1966 M32-2080-99 SURVEY �v 3877 Big Timber Trail GARDENWOOD PONDS was approved approximately 5 years ago. At that time,the plan was for larger homes to be built in the area near Bald Lake and Govern Circle. Smaller homes were planned for the North Ridge Drive vicinity. As the project proceeded into later additions,the smaller homes did not materialize.The larger homes were also built along North Ridge Drive. This lot is one that doesn't lend itself to a larger home without a variance of the setback along Northview Park Road. The curved alignment of Northview Park Road is such that one wouldn't notice that the house on 3877 Big Timber Trail is located closer to Northview Park Road than the allowed 30 feet.A variance is being requested to allow the setback to become 22'.13 feet instead of the 30 feet.There are buyers who want this house on this lot. No change to the Comprehensive Guide Plan or Zoning classification is needed nor being requested.The lot exists in a single-family area and this house would fit on adjacent lots.This lot starts at 102 plus feet wide and widens out as you go to the west along Northview Park Road. At the rear of the lot the width becomes 118.81 feet.The sideyard setback makes it impossible to place this house on the lot. There is one more lot where a variance is being requested in GARDENWOOD PONDS and for similar reasons.There should be no more lots where a variance would be requested. A vacation of part of the Drainage and Utility Easement is also being requested on this lot but this is not needed to help with the setback request.This easement was needed as part of the original development but the sanitary sewer that was to be within this easement was actually installed in a different location.This Drainage and Utility Easement shouldn't have been platted in the first place. I urge you to give your approval of this request. APPLICANT CORRESPONDENCE g� Agenda Information Memo November 1, 1999 Eagan City Council VII. OLD BUSINESS A. FINAL SUBDIVISION (CHERRYWOOD KNOLL) -HERITAGE DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Final Subdivision for 23 single-family lots and one outlot on 12.1 acres, subject to the conditions listed in the APC minutes. FACTS: • The preliminary subdivision was approved June 15, 1999. • Approval of this final subdivision was continued at the last City Council meeting on October 19, 1999, to be considered at the November 1, 1999 Council meeting. • Pursuant to the discussion at the October 19, 1999 City Council meeting, staff has met with the Developer to review the level of benefit and related financial obligation relating to the proposed Louis Lane street improvement(Prof. 784). The developer has agreed to accept the Feasibility Report's cost of$46,000 as a maximum assessment amount and has signed all the required contractual waivers accordingly. The development contract has been revised and. all documents are anticipated to be in order for execution at the November 1, 1999 regular City Council meeting. ATTACHMENTS: (1) Final Plat,page o - !s: - ^s}'�s jtj ,: s ��$�eb •} a '-g };E, I � � � � � a�� "' ���=a .._ EtS �Epp = i I; IS] �! 4stlEg it � �� � as•� _ ' � Q �= i} � �'� �� .,@zas .a E&;��� _ �I1 R j �i 3 �Yi� � �K �j •I � S�'s t� � OR i lls 4^ g i 8 8 LA �IFIF Z N r a �` y: 5• �'c ! g bb ,t be i .i :y� Se - jy io a 3g n 8 U� g E s i✓uaur,u sir+t FI Z er'LLL JFJ1,LO.00S' ' 7 cc` I t I I I I •�` I O jY8.a�� W +lam, I jai�dl y lyj � s a 11 1 I I o.ao,., � 1 �\�c J l-- -J f-- -J A`a� '4 iC-I t os oosa•nx'� 4 �"F'� S -llE.ib I - � (�y• ae I •. b ------—-- A�iaoof- .s►�cr ao NYiti' S - ------------ - ----- L.. ------------- -------1KL600S l 1 .r Q•I VI a. •.: / .I i-,[K:16DEN-� � i �K•tpt•)�° �. a x I 1 �:� f 1 „ 1 sr'iu__� •4b --------------il'[K____'_________J - � 00 f-. ale 419 a 1K.t000S --,nac--� I I a,`' ,i a 0' I id •�. I ` 1 rl L q. a r_ IN _atccaaad--i bJ ~ za s � (azza) or'eppyf'sraJt a eri s.es.Lo oac Y e 1 �* Iq i• Y 1 1 l v jol o N __ ___________-—___ _ 93 Agenda Information Memo November 1, 1999 Eagan City Council Meeting B. OFFICIAL MAP#1,NORTHWOOD PARKWAY ACTION TO BE CONSIDERED: Cancel/Adopt/Continue Official Map#1 (Northwood Parkway); and Authorize/Reject the preparation of a Phase H Environmental Site Assessment. 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 developmentexpansion 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 minimize future land acquisition costs by preserving undeveloped land values with a formal recorded survey(Official Map) 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 it 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 2" Addition which was an expansion of the existing 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' Addition proposal. 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 application submittal was insufficient in required support plan details. • 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 lands swap. MnDOT has subsequently agreed to sell their excess land to the City ($145,000 = $0.91/sq.ft.). However, their asking price is greater than the City's appraised valuation ($110,000 = $0.69/sq.ft.). (Neither of these values took into consideration the recent Phase I Environmental Site 7 Item B.—Official Map #1 —Continued Assessment (ESA) results) Staff will continue its negotiations with MnDOT for the final acquisition cost. In addition, the City also had a formal appraisal performed to determine the valuation of the actual Northwood Parkway right-of-way acquisition ($240,000=$1.72/sq.ft.). Again,this did not take into consideration the Phase I ESA Study results. • On September 7, 1999 the City Council accepted the recommendations of the Advisory Planning Commission and denied the development application for Glen Pond Estates 2nd Addition. They also reviewed the status of the potential lands swap discussions and the estimated $14,000 cost of Mr. Wenzel's requested Phase I Environmental Site Assessment (ESA), Wetland Delineation, Soil Borings, and Boundary Surveys. They then directed staff to proceed and bring a report back within 60 days. • A preliminary report has been completed with no significant wetlands identified in the affected areas and the borings indicating soil conditions suitable for development with no unusual preparation requirements for either MnDOT's or Wenzel's property. However, the report also indicated that there are some old waste dumps on the property currently owned by both Mr. Wenzel and MnDOT but none within the City's proposed Northwood Parkway Official Map alignment. Based on this information, the report recommends that a Phase II Analysis (est. $10,000) be performed to identify the extent of the potential contamination and the estimated cost of cleanup (Phase III). • On Nov. 2, Mr. Wenzel will be submitting new concept sketch layouts for his proposed development accommodating the proposed lands swap option and the Marice Dr. street vacation. ISSUES: • Because the formal development application has been denied, there is no need to pursue the Official Map at this time. The developer has been actively working with staff to try and create a proposal that addresses all City issues. However, they have a concern regarding the findings in the Phase I ESA Report identifying potential environmental issues. They believe that it is necessary to proceed with the Phase II study to identify the extent of these concerns and the related estimated cost to mitigate. It would also be in the City's best interests to similarly proceed with Phase H. If the costs to acquire and mitigate are determined to be excessive, the City may want to consider rejecting the lands swap proposal and proceed directly with the right of way alignment acquisition through Eminent Domain, if necessary. • If the Phase II analysis is authorized, does the City Council want the developer and/or MnDOT to finance any portion of the cost? ATTACHMENTS: • Official Map# 1,pages�VAd • Phase I ESA Report, enclosed without page number. La C-4 531� 8X '3nv 30MWSdqj gb Y Y€ = ansa : v " p 06 1 W J ' I W 3 I 5v� '3nv >WM30 ASF ---xwm3o - S � � W W ' 1 I U 1V I I It Y J > r• I u „ s• v iy. o qY j 1 L --- - - --- Oil 80NH L011d -lilt ,- -' Agenda Information Memo November 1, 1999 Eagan City Council VIII. NEW BUSINESS A. CONDITIONAL USE PERMIT—SAINTS MARTHA AND MARY EPISCOPAL CHURCH ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow construction of a pylon sign on property located at 4180 Lexington Avenue, legally described as Lot 1,Block 1,Episcopal Church Addition, in the SW 1/4 of Section,23, subject to the conditions in the APC minutes. FACTS: • The existing church was constructed in 1993, and a future addition is planned. • The City Code allows one free-standing sign per building. By definition in the Sign Code, any sign which projects more than seven feet above ground level is considered a pylon sign and requires a conditional use permit. • The proposed sign is ten feet in height and contains 50 square feet of sign area and will be located toward the southwest corner of the site. A landscape plan has also been submitted. • The applicant indicates that the additional height is necessary to accommodate letters large enough to be readable from both Lexington Avenue and Diffley Road, and also to extend the message area above a utility box which is located at that intersection. • The Advisory Planning Commission held a public hearing on October 26, 1999, and recommended approval of the Conditional Use Permit, subject to the conditions listed in the APC minutes. ATTACHMENTS: October 26, 1999,APC Minutes,pages Zg4lwe� Staff report,pages through Page 2 October 26, 1999 ADVISORY PLANNING COMNUSSION r OLD BUSINESS Chair Heyl noted that the Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development and Preliminary Subdivision matters requested by Tom Gallaher had been continued to the next regular scheduled meeting of the APC. PUBLIC HEARINGS CONDITIONAL USE PERMIT SS MARTHA & MARY EPISCOPAL CHURCH Chair Heyl opened the first public hearing of the evening regarding a Conditional Use Permit to construct a pylon sign on property located at 4180 Lexington Avenue on the northeast corner of Lexington Avenue and Diffley Road, legally described as Lot 1, Block 1, Episcopal Church Addition in the SW'/4 of Section 23. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated October 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 applicant's request indicates that the applicant believes a 10-foot sign is needed to accommodate letters of sufficient size to be readable by passing traffic. The applicant noted its presence. No one addressed the APC. Chair Heyl noted that the applicant met the signage standards and confirmed that there is a high volume of traffic adjacent to the site and that other properties have similar signage. Member Steininger moved, Member Tilley seconded, a motion to recommend approval of a Conditional Use Permit to construct a pylon sign on property located at 4180 Lexington Avenue on the northeast corner of Lexington Avenue and Diffley Road, legally described as Lot 1, Block 1, Episcopal Church Addition in the SW'/4 of Section 23, subject to the following amended conditions: I. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The pylon sign shall be located in the southeast portion of the site, as shown on the site plan received 9/21/99. 3. The pylon sign shall comply with the sign plans received 9/21/99. 4. Landscaping consistent with the landscape plan dated 3/19/99 shall be implemented with the installation of the sign All voted in favor. U to PLANNING REPORT CITY OF EAGAN REPORT DATE: October 18, 1999 CASE: 23-CU-13-09-99 APPLICANT: Ss. Martha&Mary Church HEARING DATE: October 26,1999 PROPERTY OWNER: Trustees of the Diocese PREPARED BY: Pamela Dudziak of Minnesota, Inc. REQUEST: Conditional Use Permit LOCATION: 4180 Lexington Avenue COMPREHENSIVE PLAN: PF, Public Facilities/Quasi-Public ZONING: P, Public Facilities SUMMARY OF REQUEST Ss. Martha and Mary Episcopal Church is requesting approval of a Conditional Use Permit to construct a pylon sign on property located 4180 Lexington Avenue on the northeast corner of Lexington Avenue and Diffley Road, legally described as Lot 1, Block 1, Episcopal Church Addition in the SW '/4 of Section 23. AUTHORITY FOR REVIEW City Code Chapter 4, Section 4.20, Placement, erection and maintenance of signs,provides that pylon signs are considered a conditional use and as such, are subject to all conditions,regulations and fees required for conditional uses. 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 dibtrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. Planning Report—Ss. Martha&Mary Episcopal Church October 26, 1999 Page 2 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. BACKGROUND/HISTORY According to the narrative submitted by the applicant, Ss. Martha and Mary church was started in 1986, worshiping first at Klecatsky Funeral Home and then for six years at Deerwood and OakRidge Schools. The existing church was constructed on this five-acre site in 1993, and a future addition to the church is planned. EXISTING CONDITIONS The site contains, 9,450 square foot church located approximately in the center of the site. Parking is located north of the church with a detention pond in the northeast corner of the site. 90 Planning Report—Ss. Martha&Mary Episcopal Church October 26, 1999 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Apartments; zoned PD (Planned Development); guided D-III (Mixed Residential 6-12 units/acre) South - Walgreen's; zoned PD; guided CPD (Commercial Planned Development) East- House; zoned R-1 (Single-Family Residential); guided D-III School; zoned P (Public Facilities/Quasi-Public); guided PF (Public Facilities) West - Holiday; zoned PD; guided NB (Neighborhood Business) EVALUATION OF REQUEST Sign Code Requirements—The City's Sign Code allows "one on-property church sign for each church site"up to 16 square feet in area without a sign permit. The Sign Code defines "pylon sign"as "a business sign erected on freestanding shafts,posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the zoning chapter and are subject to all conditions, regulations and fees required for conditional uses." The Code allows one free- standing sign per building. Performance Standards—The performance standards for pylon signs are as follows: • No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. • No pylon signs shall project more than 27 feet above the lot level, roadway level, or a specified point between the two levels as determined by the council. The level used shall be based upon visibility factors from the adjacent roadway(s). • No pylon sign shall exceed 125 square feet in area per side. Proposed Sign—The church is proposing to install a permanent sign on their property at the northeast corner of Lexington Avenue and Diffley Road. The sign structure is ten feet in height. The sign is internally lit, and is 10 feet wide and 5 feet in height (50 square feet). The sign area consists of the Church name in the top two feet, and three rows of changeable message area below that. The property address will be located on the support below the main sign area. Site Plan—The sign is proposed to be located at the southeast corner of the site, facing the intersection at an angle. The sign placement is part of the comprehensive site development plan and is positionedt,ro be located adjacent to the future building addition. The sign is proposed to be set back about 50 feet from the property lines. There are no other pylon signs within 300 feet on the same side of the street. �j Planning Report—Ss. Martha&Mary Episcopal Church October 26, 1999 Page 4 Landscaping—A landscape bed is proposed around the base of the sign. Proposed landscaping consists of a variety of shrubs,perennials and annuals. Applicant's Narrative- The applicant's narrative indicates that the ten-foot sign height is needed to accommodate letters of sufficient size to be readable by passing traffic. There is also a utility box on the northeast corner of Lexington Ave. and Diffley Rd. which interferes with the visibility of a shorter ground sign. In addition, the businesses located on the other corners of the intersection have pylon signs. SUMMARY/CONCLUSION The proposal appears to satisfy the performance standards for pylon signs in the Sign Code. The proposed sign appears compatible with the surrounding area and should not have a detrimental effect on traffic or surrounding properties. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for a pylon sign on property located 4180 Lexington Avenue on the northeast corner of Lexington Avenue and Diffley Road, legally described as Lot 1, Block 1, Episcopal Church Addition in the SW 1/4 of Section 23. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The pylon sign shall be located in the southeast portion of the site, as shown on the site plan received 9-21-99. 3. The pylon sign shall comply with the sign plans received 9-21-99. 4. Landscaping consistent with the landscape plan dated 3-19-99 shall be implemented with the installation of the sign. FINANCIAL OBLIGATION- 10-24100-010-01 23-CU-13-09-99 There are pay-off balances of special assessments totaling $2,825 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 TOTAL $-0- P .� Gd»GGG/� c:1�� ��DDo:Gv ccccc:co�cc» ■�� �� �► o ecc.ee�ececccceecl� u 0o u� wwFIN on �►Do a LB aP�� t� ► p e� �eeA�� �i11111� �III�r.� �l�e LasK-1 rjiwi e►�1111� VIII/��-SOW, ��.. /r�•�.v� ��' � y �e0�� � t■11111 �111/�� '=n t� `��� t►'QO� �'■ ' >� ©d� /�1111�� :o©LAW 0 nG0 �o o.•� nu rICC�o ��7 FJLl AD d� ��'�� o A+ � �D��Q �J;G•: �o vo ��� AGO �■� o� va v� ;���. �� � � LCIS■���CIC'��.�n P o � 1111■11■■■ID� �esc-� HIMlaw DevelOpment/Developer: Ss. Martha & Mary Episcopal Application: Conditional 3.09-99 *City of Eagan THIS MAP 13 INTENDED FOR REFERENCE USE ONLY 1 Community D*vsl*Pment Department The City of Eagan and D1111I the accuracy of this Information and are or error*or Ornissionit. ZoningCurrent and Comprehensive Guide Plan City of Eagan Land Use . . Case No. 23-CU-13-09-99 MEN -rl A IMF `awe /� �i�1111 ■■■■rr1�i�: OWNI' 1 �� i ���- ■: own Mmm 11 �. MW W MW ... Im Cm : :: :�► • ►..�r..rr.■� � : 11.11■.. INMAN �►�11111 1111r aM '� ■ t■11.11■ ■■■■k ' t�11111 1111i" goals MM 3 M TE D FOR REFERENCE USE ONLY + . .. r -o - ---- , }Z INS SZE + — --Mr d tIle- ilz IL Lu C 2 I -- — -- spa p� \ � W , zom 2 LL I JJ1IA v jL '� ROS • rl (�/ SITE PLAN ��Parkland Dr.RobsonSarasota, FL 34243 1 -800-770-8585 Corporation Buy direct and save SUNDAY SCHOOL WORSHIP RECTOR 8:30 & 10:30 AM 8:30 & 10:30 AM & 5:00 PM Dr. Gordon Martin GOD LOVES YOU GOD- LOV ES Y0 4180 Lexington Ave. So. AL O a � a r O communicator This is an original,unpublished drawing,submitted in connection with a project, we are planningg for you. Please do not copy or show it to anyone outside your organ¢afion without written permission from Robson Corporation. �1 ®1999 Robson corporation 7 9 ,Size /Selection/Selection Chart - Custom sizes are available. — 6' ----- « Readability is a function of speed and distance. i Letter Size Speed Readability Distance 4" to 25 mph 165' 3T UNES OF 6" to 40 m h 220' 8" to 55 mph 385 --_--- T Sign Size Symbol Area Letter Size 4' x 6' n/a 4 13'4 '-x6' 4' x 8' with - —4.. -- ' without (20 sq. ft.) 5'x 80' + ---with - 6„ 6" 5'x 10' without 8" 6' -. � 8' z _ : 4' 4 FOUR LINES OF 4-INCH CHANGEABLE LETTERS OR z I 8- THREE LINES OF 6-INCH > > 8' 4 x6 F2s '8i . (24 sq. ft.) ft.) w 8' - S' — I' 118 1 E FOUR LINES OF 6-INCH CHANGEABLE LETTEROFS _ I OR f I out o os area )Q' I THREE LINES OF 8-INCH i 5'x 10' (40 sq. ft.) (50 sq. ft.) Robson Sara Parkland Sarasota FL 3422 .13 Co"rporation - 0 -7 -8 18070 . 585 Re 1),,st buy w sl-yJo,s � All signs manufactured at Robson's state-of-the-art faccl t,, X Buy direct and save! K ISANTI DOGWOOD - / / ARBO11TAE` N' \` VIC RUD CKIA GOLDS RM •� IGN 1 _ f SHIBORI. � - � 5�,��I• .u.� AUTUMNJOYp ~I SPIREA SEDU ✓✓ BULBS& "•-; �' • ANNUALS OVERHEAD VIEW f+ ; pie rNn fj,s..�I clo" pp FRONT VIEW sr /IJ�RrHA / AMRY GA-Pr4 wn: 3 Sf6�✓ PL/1NTIN6� M„eEo Drfq. U �Islw�IrAf I✓ DAN wtMr• Ss. Martha and Mary Episcopal Church (A Mission of the Diocese ofMinnesotaT 4180 Lexington Avenue South Eagan, Mn 55123 681-0219-phone/686-6006-fax Sept 15, 1999 Re: The Sign for Ss. Martha and Mary From: The Rev. Dr. George H. Martin Background: Ss. Martha and Mary was a church started in 1986. The congregation initially met at the Klecatsky Funeral Home and then worshipped for six years at Deerwood and OakRidge Schools. The first phase of the church on its five acre site at the corner of Diffley and Lexington was constructed in 1993. The congregation which began with one family now has 230 households in membership. Throughout the years of development, beginning when corn and then pumpkins were planted on the corner, the church has had a temporary sign on the comer(which received approval) which consisted of two 4x8 sheets of plywood. (64 square feet of total space) Proposed Sign: A single lighted sign using 8" and 6" movable letters on three available lines within a 5x10 foot frame (50 square feet of total space.) Reasons for having a sign slightly larger than the standard for signs on public use property 1. We are located on a busy corner where the traffic can speed by at 45-50mph. There are standards in signage which dictate that you need letters at least as high as 6" or 8" at the required set-back distances if the words are to be read. To have smaller letters is to invite people to either slow-down (which is dangerous) or to fail to read the sign (which hurts, in our instance, the purpose of having the sign). 2. We are located at an intersection where we have two major businesses(The Walgreens and the Holiday Store) which have signs of a size that the zoning permits for businesses. The size and visibility of such signs is much greater than what the code allows for public use spaces. Relevant also to the discussion about our application is that when the Holiday Store (and adjacent McDonalds) were being developed the city council allowed them to have more signs and larger pylons than were currently allowed by code. At the time, when asked by members of the city council, how we felt about this exception, I pointed out to both the planning commission and the city council,that we would not object as long as the city council would consider fairly and equitably our application for a sign which would stand some chance of being seen on the same corner. I believe my presentation is part of the public record of those proceedings. 3. We face a visibility issue with our sign because of the location of a large upright green light utility box which the county placed on the northeast corner of Lexington and Diffley. We need to have our sign high enough and large enough in order to be seen, since it must be set-back from this utility box. We are particularly concerned that traffic heading toward the east on Diffley might be able to read our sign even though that utility box is in the way. Agenda Information Memo November 1, 1999 Eagan City Council Meeting B. REZONING—ROCCO & DIANNE ALTOBELLI ACTION TO BE CONSIDERED: To approve the Rezoning of 11.5 acres of land from A (Agricultural)to R-1 (Single Family) located south of Deerwood Drive between Pilot Knob Road and Denmark Avenue in the southwest '/4 of Section 22. FACTS: ➢ The subject property overlays four unplatted parcels of land and is occupied by a single residence which was constructed in 1948. ➢ The requested zone change is necessary to allow the creation of a new lot which is less than five acres in size (the minimum lot size allowed within the present Agricultural zoning designation). ➢ Should the requested rezoning be approved, it is the applicant's intent to consolidate and reconfigure the four parcels which comprise the subject property into a 10.4 and 1.1 acre lot via a final plat. A new home would then be constructed upon the 1.1 acre parcel. ➢ At their regular meeting on October 26, 1999, the Advisory Planning Commission held a public hearing to consider the Rezoning and recommended approval. ATTACHMENTS (2) October 27, 1999 APC Meeting Minutes page Staff report,pages/a through Page 3 October 26, 1999 ADVISORY PLANNING COIvMSSION REZONING 1 ROCCO & DIANNE ALTOBELLI Chair Heyl opened the next public hearing of the evening regarding a Rezoning of 11.5 acres of land from A (Agricultural) to R-1 (Single Family) located south of Deerwood Drive between Pilot Knob Road and Denmark Avenue in the southwest '/4 of Section 22. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in City staffs planning report dated October 15, 1999. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Planner Kirmis stated that the rezoning request was the first step required by the applicant in connection with providing a second lot on the site to accommodate another dwelling. The applicant noted his presence. In response to an inquiry from the audience, City staff identified the location of the anticipated second dwelling, as being adjacent to Deerwood Drive. Chair Heyl closed the public hearing. Member Frank moved, Member Tilley seconded, a motion to recommend approval of a Rezoning of 11.5 acres of land from A (Agricultural) to R-1 (Single Family) located south of Deerwood Drive between Pilot Knob Road and Denmark Avenue in the southwest '/4 of Section 22. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 15, 1999 CASE: 22-RZ-13-09-99 APPLICANT: Rocco and Dianne Altobelli HEARING DATE: October 26, 1999 PROPERTY OWNERS: Rocco and Diane Altobelli PREPARED BY: Bob Kirmis REQUEST: Rezoning LOCATION: South of Deerwood Drive between Pilot Knob Road and Denmark Avenue (1300 Deerwood Drive) COMPREHENSIVE PLAN: D-I, Single Family Residential (0-3 units/acre) ZONING: A, Agriculture SUMMARY OF REQUEST Rocco and Diane Altobelli are requesting a Rezoning of 11.5 acres of land from A (Agricultural) to R-1 (Single Family) located south of Deerwood Drive between Pilot Knob Road and Denmark Avenue in the southwest '/a of Section 22. The requested zone change is necessary to allow the future platting of the property and creation of a new lot which is less than five acres in size (the minimum lot size allowed within the present Agricultural zoning designation). 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 it's consideration and recommendation. , /a3 Planning Report—Altobelli Rezoning October 26, 1999 Page 2 BACKGROUNDMISTORY The site's present Agricultural zoning designation establishes a minimum lot size of five acres. Therefore, to create a"new" lot less than five acres in size, it is necessary to rezone the property to an R-1, Single Family Residential designation. Should the requested rezoning be approved, it is the applicant's intent to consolidate and reconfigure the four parcels which comprise the subject property into a 10.4 and 1.1 acre lot via a final plat. A new home would then be constructed upon the 1.1 acre parcel. EXISTING CONDITIONS While the subject property overlays four unplatted parcels of land, it is occupied by a single residence. The site is zoned A, Agricultural and guided D-I, Single Family Residential (0-3 units/acre). The subject 11.5 acre property currently overlays four unplatted lots, two of which are landlocked. Three of the lots measure less than five acres in size and thus exist as nonconformities under the present Agricultural zoning designation. The subject property is heavily wooded and is bordered on the south by pond (JP-7). The existing single family residence was constructed in 1948. The home is centrally located on the site. Access to the property is provided from Deerwood Drive via a shared ingress and egress easement that exists along the subject property's western boundary. While the existing residence is serviced by municipal water, sewage is handled on-site via a private septic system. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Single F? mily Residential; zoned PD, Planned Development and designated D-I, Single Family Residential (0-3 units/acre) South- Single Family Residential; zoned R-1, Single Family Residential and designated D-I, Single Family Residential (0-3 units/acre). /0/51 Planning Report—Altobelli Rezoning October 26, 1999 Page 3 East- Single Family Residential, zoned A, Agriculture and designated D-I, Single Family Residential (0-3 units/acre). West - Single Family Residential, zoned A, Agriculture and P, Public Facilities and designated D-I, Single Family Residential (0-3 units/acre). EVALUATION OF REQUEST Compatibility with Surrounding Area-The requested rezoning, is consistent with the D-I Guide Plan designation and appears compatible with existing and planned uses in the area. Platting - As previously mentioned, the requested rezoning of the subject property would establish a means by which a lot consolidation/reconfiguration may be processed. Because no additional lots are being created (than what presently exist), the applicant may proceed through a final plat rather than a formal subdivision process. As shown on the final plat, two individual lots have been proposed. Proposed Lot 1 measures 10.4 acres in size and would contain the applicant's existing residence. Proposed Lot 2 measures 1.1 acres in size and would accommodate a new single family dwelling. Access - As previously indicated, access to the property is provided from Deerwood Drive via a shared ingress and egress easement that exists along the subject property's western boundary. As a condition of final plat approval, the applicant should provide proof of such easement to the City in a form deemed acceptable by the City Attorney. En ing eering Issues -Engineering issues will be addressed in conjunction with the final plat. Water Quality/Wetlands - Water quality issues will be addressed in conjunction with the final plat. Parks and Trails -Park and trail related issues will be addressed in conjunction with the final plat. SUMMARY/CONCLUSION The proposed rezoning and resulting residential density allowances are consistent with that suggested by the Comprehensive Guide Plan and appear compatible with existing and anticipated uses in the area. Planning Report—Altobelli Rezoning October 26, 1999 Page 4 ACTION TO BE CONSIDERED To recommend approval of a Rezoning of 11.5 acres of land from A(Agricultural) to R-1 (Single Family) located south of Deerwood Drive between Pilot Knob Road and Denmark Avenue in the southwest '/<of Section 22. FINANCIAL OBLIGATION—ALTOBELLI ADDITION There are pay-off balances of special assessments totaling $5,825 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. There is no financial obligation related to the rezoning of the affected parcels. The City will collect connection charges at time connection of the new building. /�b .•••���. � �, oma© �de� ��=�'�a Ifir�ru.�c� �'►� ,,��■ e�■■���■cee��j � -. a! � e� �Q� S4�ooze���� t ���� �0■t■D©� � INA-0- rV - -- �IIIIII� ��� • -�,� a ©�°�G ��°n<' e � v G�G�►�n n� o 4► a n�� E ©� dc�� a� �© � ©► ��r��s© dELM s" ; �� ��o eeeo v6s ©cccoo� ©o:�� o� 'bio r, v Eli Development/Developer. Addition Application: Case No.: 22-RZ-13-09-99 Courty Larid Survey'`*City of Eagan THIS MAP IS ERENCE USE ONLY �._ co-nfty Development Department The City of Eagan and Dakota C the accuracy of this Information and are 'or omissions. i�� Current Zoning and Comprehensive Land Use Map Case No. 22-RZ-13-09-99 million ■■rv■■� %�►I j WE ioIrNO �, r .. ♦ m ,111. �. �1� ■�Iff 2"Al►. till WA ow � m ,111. � ��i�� ■��• ►. Allk-city of Eagan 2,"."s II " w E Oxmitsity Developmerd• � �. 5 \ ~ \ CITY OUTLOT B , O� 5 \, 6 5 y j ate OUTLOT A 7 r� N a �1 t,�►' 7 7L 7 q0. 1 14 6 8 �\ \ ' 19. 1 )o 197,959 \\ 8 et.se tUkrASr20 a n L10 1 DEERRIDGE CT. 020-00 4 n g p 11 7.93 141. ' 2 .13 12 030-GG 17 12 1 .00 130.00 16 15 14 13 91 1 .00 1 13 14 15 + 00 200.00 192.47 117. 130.23 1 OMD, 1. t 44 01 1 51 4 I g b + 014-50 I 040-51 HIL D' FiDLRR.. ,o i Q I Q 014-54 3 016- 00 ie� 020-51 050-51 100.00 2 I I 1 8 BEkRY PATCH I 147. O 406. X 1 4. I+ ARK 1 1 4 �15 18 � ' � 060-51 2dJ.71 20.00 1 0. 18 ; 1ATTERTO 1 1 2 19 • o .A tt . 4 23 20 OUTLO; A I CITY OF EAGAN �� 1 24 ,,22 21 1 ,/ 2- - 7 `3. EXISTING PARCEL CONFIGURATION A: V s dQJ 771t! "`YYY I C � _ tea. 'v.,,,w ��. ;�I •_ � Zi' - ! t 1 t t •#tl e,'� 1 �•{� � iR t##1# If---------- ------------- ------------ �Iof CL� �1tt� ! FINAL PLAT Agenda Information Memo November 1, 1999 Eagan City Council C. INTERIM USE PERMIT—WAL-MART ACTION TO BE CONSIDERED: To approve an Interim Use Permit to allow outside storage of up to fifteen storage containers within the existing garden center at the Wal-Mart store at 1360 Town Centre Drive,legally described.as Lot 1,Block 1, Town Center 70 Eleventh Addition, subject to the conditions in the APC minutes. FACTS: • The store contains about 115,000 square feet and is located at the east end of the site, with parking to the west. The garden center is located on the south side of the store, consists of about 7,000 square feet and is enclosed with a wrought iron fence. • Wal-Mart submitted a similar proposal for a conditional use permit last month, and in response to the City Council's concerns about the permanent nature of the conditional use permit, Wal-Mart agreed to withdraw that application and reapply for an interim use permit. • Whereas the conditional use application previously submitted was for ten storage containers, this revised proposal involves the storage of up to fifteen cargo containers within the garden center area from September through December in 2000 and 2001 for the holiday shopping season. • The Advisory Planning Commission held a public hearing on October 26, 1999, and recommended approval of the Interim Use Permit, subject to the conditions listed in the APC minutes. ATTACHMENTS: October 26, 1999, APC Minutes,pages through Staff report,pages through , Page 4 October 26, 1999 ADVISORY PLANNING CONMSSION - ' ?"'7 .i INTERIM USE PERMIT WAL-MART Chair Heyl opened the next public hearing of the evening regarding an Interim Use Permit for outside storage of fifteen (15) storage containers within the existing garden center at the store at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre Eleventh Addition. PlAnner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated October 20, 1999. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Planner Dudziak stated that this item had appeared before the APC at its last regular scheduled meting as a conditional use permit and that it was being brought forward now as an interim use permit in order to put a time limitation on the storage. The applicant noted its appearance. No one from the audience addressed the APC. Chair Heyl closed the public hearing. Member Frank moved, Member Tilley seconded, a motion to recommend approval of an Interim Use Permit for outside storage of fifteen (15) storage containers within the existing garden center at the store at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre Eleventh Addition, subject to the following amended conditions: 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the City. 2. The Interim Use Permit shall terminate December 31, 2001. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The outdoor storage shall be allowed only between September 15 and December 28 of each year. 5. There shall be no more than fifteen (15) storage containers and the containers shall be located within the fenced area south of the building. 6. The storage area shall be screened from view from the public right-of-way and other retail areas. Screening shall be provided by a dark green canvas attached to the wrought iron fence. Page 5 October 26, 1999 ADVISORY PLANNING CONMSSION 1 <J' 7. The applicant shall submit a site layout showing how the trailers will be situated within the garden center area. The layout shall be subject to the review and approval of the City Fire Marshal. 8. Access into the fenced storage area during the time the trailers are being stored shall be restricted to employees only. All voted in favor. 113 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 20, 1999 CASE: 15-IN-06-10-99 APPLICANT: Wal-Mart Stores, Inc. HEARING DATE: October 26, 1999 PROPERTY OWNER: Wal-Mart Stores, Inc. PREPARED BY: Pamela Dudziak REQUEST: Interim Use Permit LOCATION: 1360 Town Centre Drive COMPREHENSIVE PLAN: CA, Central Area ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST Wal-Mart is requesting an Interim Use Permit for outside storage of fifteen(15) storage containers within the existing garden center at the store at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Center 70 Eleventh Addition. AUTHORITY FOR REVIEW City Code Chapter 1 l; Section 11.22 states: The Council may issue interim use permits for an interim use of property if. A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to'the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The use agree4 to any conditions that the Council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. 1i� Planning Report—Wal-Mart October 26, 1999 Page 2 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 Compre- hensive 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. BACKGROUND/HISTORY The property was platted in 1991 and the store constructed in 1992. A Conditional Use Permit for outdoor sales and display for the garden center was approved with the initial plans, with the 1 1,5'" Planning Report—Wal-Mart October 26, 1999 Page 3 stipulation that the outside sale and display be restricted to garden items only. The initial building plans also included a 30,000 square foot future addition at the rear(east end) of the store which has never been constructed. Over the past several years, city staff has dealt with code enforcement issues pertaining to outdoor storage with Wal-Mart. In 1998, Wal-Mart constructed an addition to the front of the store and extended the screening wall at the rear of the store to enclose and screen the storage area for trash dumpsters, wood pallets and bundled boxes. In 1996, Wal-Mart submitted a CUP request for outside storage of cargo containers to provide additional merchandise storage space during the fall shopping season. The containers were proposed to be located behind the store (to the east of the building), and the City did not approve that CUP request. r Wal-Mart again submitted an application for a Conditional Use Permit for outdoor storage of cargo containers earlier this fall. After the City Council indicated that they were reluctant to approve a CUP, which runs with the land indefinitely, Wal-Mart withdrew the CUP request and resubmitted the proposal as an Interim Use, requesting the outdoor storage commencing in September 2000 and running through December 31, 2001. EXISTING CONDITIONS The store contains about 115,000 square feet and is located at the east end of the site, with parking to the west. Direct access is provided from Duckwood Drive and Town Centre Drive. The garden center is located on the south side of the store, consists of about 7,000 square feet and is enclosed with a wrought iron fence. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Kohl's, zoned Community Shopping Center(CSC), guided Central Area(CA) South- Retail, zoned CSC, guided CA East- Veterinary Clinic and Self-storage (under construction), zoned CSC, guided CA West- Super America, zoned CSC, guided CA EVALUATION OF REQUEST Proposal—Wal-Mart is proposing to store up to fifteen 20-foot storage containers within the existing garden ceflter for the holiday season. They would be placed within the fenced garden center from September 15th through December 28ffi. Compatibility with Surrounding Area—The subject site is within a large commercial retail/service area in the Community Shopping Center(CSC)zoning district. Outside storage is a 4/;o Planning Report—Wal-Mart October 26, 1999 Page 4 conditional use in the CSC zoning district. The City has in the past granted permits for outside storage in the CSC district for things such as product displays, garden centers and shopping carts, but not to serve as additional warehouse space for a retail facility. One recent exception was the approval earlier this year of an 18-month Interim Use Permit for Kohl's to store a few semi- trailers behind their building pending a long-term solution to their storage needs (construction of a new store in the area or expansion of the existing store). Performance Standards - In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: 1 Outdoor store items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In-eneral business (GB) and community shopping center (CSC) zoninz districts the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) andgeneral industrial (I--2)zoning districts the enclosure may be detached -from the principal building. The proposed storage area within the garden center is completely enclosed by an existing wrought iron fence. 2 The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposed storage area within the garden center is located at the side of the store,but faces a public right-of-way. The garden center satisfies principal structure setbacks and is not located within any required yard or setback areas. 3 The outdoor storage area shall be screened from view from the public right-of-way and from any ad iacent property which is designated for residential uses in the comprehensive ,,guide plan. The existing wrought iron fence does not provide screening. Wal-Mart proposes to hang a green tarp-like fabric (similar to the wind screen fabric commonly used around tennis courts) inside the fence during the fall and winter months to screen the container storage. The fabric is green and would provide screening of the containers from the public right-of-way. During the public hearing on the previous CUP request, the Advisory Planning Commission indicated that screening should be not only from the public rights-of-way,but also from other properties. In addition, the APC added a condition that the screening material should be dark green canvas,which is more opaque than what the applicant proposed. 4 The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage area should not interfere with pedestrian or vehicular movement. Planning Report—Wal-Mart October 26, 1999 Page 5 S. The storage area shall not take up required parking spaces or landscaping areas The storage area does not take up required parking spaces or landscaping. 6._ The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration The storage area has a concrete surface. Additional Considerations—With the previous request for a Conditional Use Permit, the City Fire Marshal expressed some concerns about emergency access and asked that a site layout be submitted that shows how the trailers will be situated within the fenced area to ensure proper emergency access. In addition, access into the garden center area during the time the trailers are being stored should be restricted to employees only. The previous CUP application requested storage for ten containers,but Wal-Mart has determined - that they will need fifteen containers, not ten as previously requested. Staff is not concerned about the increased number of containers,provided there is sufficient space within the fenced area and adequate emergency access throughout the storage area can be maintained. SUMMARY/CONCLUSION Wal-Mart is requesting an Interim Use Permit for outside storage of ten storage containers within the existing garden center at the store at 1360 Town Centre Drive. Staff has some concerns about the policy precedent this proposal presents. The City has in the past granted CUP's for outside storage in the CSC district for things such as product displays, garden centers and shopping carts. In only one other recent case has the City approved outside storage for this purpose to function as additional stockroom or warehouse space in a retail/service district. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit for the outside storage of up to fifteen (15) storage containers within the existing garden center at the store at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Center 70 Eleventh Addition. If approved, the following conditions should apply: 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the City. 2. The Interim Use Permit shall terminate December 31, 2001. He Planning Report—Wal-Mart October 26, 1999 Page 6 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The outdoor storage shall be allowed only between September 15 and December 28 of each year. 5. There shall be no more than fifteen(15) storage containers and the containers shall be located within the fenced area south of the building. 6. The storage area shall be screened from view from the public right-of-way and other retail areas. Screening shall be provided by a dark green canvas attached to the wrought iron fence. 7. The applicant shall submit a site layout showing how the trailers will be situated within the garden center area. The layout shall be subject to the review and approval of the City Fire Marshal. 8. Access into the fenced storage area during the time the trailers are being stored shall be restricted to employees only. 1lq r-gan Boundary Street Con wriin* Location . • ,. Parcel Are at Building Footprint i� 1 11111111= mho �o oar � _ © e � �: 1'1i`'` ���_� � � e u•�v � O� �0 tnuJ ut�tat�r w 040rv�rR] ©� fi� ��•� fnu rill © _ ut�tu� n o� r7r1 € �G rl i LOME 014,E �� �� ���/■LI L��� 11111 �i - ��■�`.:�i JL C Ej�►���© �©ll 11111 e �� 1►� � �::�' �11� t toy Q�©rte V� � ��� ► : '� - oda �� 1►►!v1 i �_ CAD �© �i►�►s� •� Las Development/Developer. Wal-Mart Application: Interim Use Permit Case No.: 1 1 by amront as of Jurw 1999. *City of . an THIS MAP TENDED ;�DFRt,RE.F ENCE USE ONLY COMMUfthY b*V-I*Pnmnt Departm.nt The City of Eagan and Dakota Co tyo e. lnt" 0 accuracy of this Information and are is not rs:R- - Current Zoning and Comprehensive Guide Plan City of Eagan - No. 15-IN-06-10-99 Land Use Map 7 mmmm am am . . . - � ` �\�► iii ■ �� '.' :ice: .ONE III so .■■■■■. i. . .. ...r _- • - �� :ice: 2". .. �. ■. WE ■■.t� i .■....a��,•1 �rOki - : ...- uun uud MM,a. t• . ! !,� ������=iii:i::ij`•/•• _ ■..■. :gin: 0000..■. , . �� HIM: i so In *City of Eagan 21- THIS MAP, RENCE USE ONLY Developff"*Dqwftalt The CIty of Regan and Do kT' accuracy of this In formation. - � 1 �='.is ii iTtii•i T•Tt1 T•r Ist !. {{d � lf�� { !�j!! ! ie I ..TOWN �... ` ......... ............. ite o� Ire- ! 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DENMARK AVENUE -__....-.........................................................il3.._ -_............ ---- '�f� SITE PLAN OPP Application for 1 to 4 Day Temporary On-Sale Liquor License [} Page 1 of 2 f i Minnesota Department of Public Safety LIQUOR CONTROL DIVISION 444 Cedar St./Suite 100L ` St. Paul,MN 55101-2156 Y ''= (612)296-6439 TDD(612)282-6555 . .: APPLICATION AND PERMIT FOR A I TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE (Orgavim ion or location limitod to 3 permits in a 12 month period) TYPE OR E'RINI'INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NNSW R .90(4T14 fC-s r I'i2C--)4 YM cv9 /993 V/- 0 6 y3 93 2 Sl MA.I AI)I)RF,SS CITY STATE. LlE'CODE SSo oPPrRm,4..� DLL C�4Cr - � SS/2� NAME OF P RSON MAKING APPLICATION ICATION BUSINESS PRONE I TOME PRONE. T?9 C Gs/ exr& b Z 2 40 "s— 961-7 DATTS LIQUOR Vl'Iu.RE SOLD(1 to 4 days) TYPE OF ORCYAN17ATION OV OU ��t A J 3 /922 �CLUB CI•LIRITABLE G RELIGIOUS 0 U11IER NONPROI ORGANIZATION OFFICER'S NAME: ADDRESS rki 4/2-?(. %-R&W7-,-j /?0 77,v .ST72s ORGANWATION OFFICER'S NAMr. ADDRESS OROANIZATION OFFICER'S NAME ADDRI~SS Location where licemc will bc used. an outdoor arra,dc--scnbc Will the applicant Contract for intoxicating liquor scnicies? If so,give the name and addxsa of the Liquor licenm provking the senice NU Will the applk4at carry liquor liability inswance? If so.the carrier,s amne and amount of 6D5,erage. (NOTE. lnsurauoe is not mandauxy) A10 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO LIQUOR CONTROL CITY/COUNTY - _ DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CI.ERK OR COUNTY OFFICIAL. APPROVED LIQUOR CONTROL DMCT'OR NOTE: Do not separate these two parts,send both parts to the address above and the original signed be this division will be returned as the license. Submit to the City or County at least 30 days before the event. PS409t179(8o http://www.dps.state.mn.us/alcgamb/aleenf/fonns/4daytemp.html 1/21/99 �:.D ATE M /("may ::; .::.:. .::a■a:.: : ::. :ee ■j■: .. . : . :: : : . ( M/DDNY) ii .ii4.::.:.. .i?i .::.: 1} .R:#TR ?i:R: '... :. :. ::. .i. »>:.::<.i:.iiiii:.i:.:>:::«.i}i:.iii 12 .............. 12/17/1998 1 998 PRODUCER — THIS CERTIFICATE 507 288 7600 � FAX::(507)287-3579:� � EIS ISSUED AS A MATTER) . ER OF INFORMATION 0. Brown Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 300 South Broadway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Post Office Box 429 COMPANIES AFFORDING COVERAGE Rochester, MN 55904 COMPANY CNA Insurance Company Attn: Ext: A _........._ ....._................._........................ ........_..._............................................._.....:_..._.........................__.... ._._......._..............._.._..._._.... ._..._._.. ..._...... ......._..... INSURED COMPANY Kaufman Enterprises, Inc. B PoBox 248 ...... _.._................................................. ...... Farmington, MN 55024 COMPANY C ............................ _... .............. _ .............................................. COMPANY D .;.......:......::.::....:...::: ii::i::ii::::%:::: : : :;:i::::::is:::;:;::: :;......: ::>::>.....::::::>::>.. :<t ;:;:;::;::;:..........;::::::;:i;::::i;:;::;::;:isc;::>::>:>.:::::::::;::;::;::;:................j;::;:::; C .. THIS IS TO CERTIFY THAT THE POLICIES� F INSURANCE�� � O LISTED HAVE BEEN�I SSUED�TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _......................_........_......_............._..........._..............................................................,............._..._....................................._..._.........................__._.................._...................-......... ._..... CoI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION: LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S 1,000,000 _.. ENE _ ... _.. X COMMERCIAL GENERAL LIABILITY :PRODUCTS-COMP/OP AGG $ 1,000,000 _. CLAIMS MADE X i OCCUR: PERSONAL&ADV INJURY $ 500,000 A 1076974535 : 12/01/1998 12/01/1999 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 5OO,OOO i FIRE DAMAGE(Any one fire) $ 100,000 MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X.. ANY AUTO ... - _....... .. ALL OWNED AUTOS .... ......_ .......-. BODILY INJURY SCHEDULED AUTOS (Per person) $ 500,000 A 1076974549 12/01/1998 12/01/1999 : - X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) -.5,09,009 .......: ..._............................................... i PROPERTY DAMAGE $ 250,000 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO ?OTHER THAN AUTO ONLY: ................................................................ EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 A X UMBRELLA FORM 1076974552 12/01/1998 12/01/1999 'AGGREGATE $ 1,000 000 .. ...... ........... ....l....._... OTHER THAN UMBRELLA FORM $ TATU TV WORKERS COMPENSATION AND X :TORY LIMITS ER E'z EMPLOYERS'LIABILITY ELEACH ACCIDENT $ 500,000 A :1076986183 12/01/1998 12/01/1999 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ 500,000 PARTNERSIEXECUTIVE - -- OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS AtrCEILLATION...:..:.:....................................::::::::::::::::.:.::..:::::::::: ... ..................................................................................................:.... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Southwest Area YMCA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 550 Oppemen Drive OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Eagan, MN 55123 AUTHORIZED REPRESENTATIVE Steven Meyer ` Y ...........� :..::.::::::::::.: ::::::,::.:::::.::.:::.:::::::::.::::::,:::::::::::::::::.::::::::::::::::::.:,:.:::.:... ....... . :>:» <:<<:>::>::>::>:::>:::>::»:>::>:<:::><:>'<:>::<:»>:>:::>:::<:;::;:>:;»....................................;.................> .....:>;> > :<::>;:;:;:;>:::>:::>:>': >::>:>'::>::>.`.:..: ..:, .:0: 4. t...... .................................................................................................................................... .....................:.::. :,.::.::: ::::.::.: aa�cPartss ♦r .}/.i ,:'fes �' MEMO � city of eagan TO: HONORABLE MAYOR EGAN AND CITY COUNCILMEMBERS AWADA, MASIN AND WACHTER FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 13, 1998 SUBJECT: ADDITIONAL INFORMATION/SEPTEMBER 21, CITY COUNCIL MEETING CONSENT A. Personrei items: Item 9. Clerical Technician III/Central Services Maintenance -- In official action at the September 7, 1999 City Council, the Council approved the hiring of a person to be recommended for hire for the position of Clerical Technician III at Central Services Maintenance. For the Council's information, that person is Barbara Murphy. S. Findings of Fact/Preliminary Plan Development for Glen Pond Apartments--The owner and proposed developer of Glen Pond Apartments has expressed a preference to revise his plans to meet the City code allowing for the development of apartments on property that he owns adjacent to the existing Glen Pond Apartment buildings. Attached on pages 34 through is a copy of a letter that was sent by the Director of Public Works to Mr. Wenzel dated Friday, September 17, providing a recap on various discussions and action that has taken place regarding the proposed ring road alignment during the past several months and asking Mr. Wenzel for his position on the MnDOT property and/or the Marice Drive vacation. The City will more than likely receive further confirmation that Mr. Wenzel's intentions, as stated, are to develop his property meeting all the City code requirements with no swap of property with MnDOT. NEW BUSINESS A. Contract 99-13, Ashbury RoadBlackhawk Hills Road—Traffic Calming Improvements -- A revision to the Council Action for this item is being recommended to allow the construction of the traffic calming improvements this fall. The original "Action to Be Considered' would require the City Council's future approval of the various solicitations for services prior to proceedings with the construction work. This additional step may delay the work long enough to prohibit the completion of the improvements yet this year. The Council's authorization of City Staff to proceed with the improvements using Change Order of current contracts and additional solicitations, as needed, would allow the improvements to proceed in a more timely manner. The cancellation of the advertisement for bids would remain as part of the action. The preliminary estimate of the construction costs in the feasibility report for Project 777 was $26,900.00. ACTION TO BE CONSIDERED: To cancel the advertisement for bids for Contract 99-13 (Ashbury Road/Blackhawk Hills Road— Traffic Calming Improvements) and authorize staff to proceed with the construction of the improvements through change orders of current contracts and the solicitation of other needed services. /s/Thomas L. Hedges City Administrator 4tlilll� city of acigan PATRICIA E AWADA September 17, 1999 Mayor PAUL BAKKEN BEA BLOMQUIST PEGGY A.CARLSON SANDRA A MASIN Council Members MR LARRY WENZEL THOMAS HEDGES WENZEL PLUMBING&HEATING City Administrator 1959 SHAWNEE RD E J VAN OVERBEKE EAGAN MN 55122 city Clerk Re: Project 768, Northwood Parkway (Ring Road Extension),Right-of-Way Acquisition Dear Mr. Wenzel: As you are aware, the City has had a long standing plan to ultimately build a "Ring Road" around the Yankee Doodle/Pilot Knob/35E interchange. It has been identified in our Comprehensive Guide Plan since 1991 and has been incorporated into the planning of much of the development in this area since then. Part of this Ring Road alignment impacts the Glen Pond Apartment complex located in the northeast quadrant of Pilot Knob and Yankee Doodle Roads. The City is aware of your interest to expand the development of this apartment complex since you first approached the City in the spring of 1998. However, your development applications have not taken into consideration this future community collector roadway alignment. The City is very much aware of your concerns regarding the impact that this proposed alignment will have on your ability to fully develop on the remaining vacant land. You have expressed your objections regarding the location of this alignment to the City Council on numerous occasions. In the summer of '98, they directed staff to investigate potential alternative alignments to minimize the impact on your proposed development. In the fall of '98, the City held several neighborhood meetings with you and other potentially affected property owners to investigate other possible alignments. As a result of that collaborative process, you informed us that while the original alignment was not your preferred choice, it was the agreed upon consensus of the affected property owners. You also indicated that you were very interested in my proposal to try to effectuate a land swap to minimize and mitigate the impacts of this proposed alignment. This land swap would involve the City's acquisition of surplus MnDOT property consisting of Lots 1 and 2, Block 3, Effress Addition. You and I also spoke about the potential advantages of the City vacating that portion of Marice Drive adjacent to these lots allowing your development to expand due east towards the Interstate of equal or greater proportions than your current vacant land could provide. Your interest in this concept was then presented to the City Council and I received authorization to pursue the reconveyance of this MnDOT property, which began in December of'98. 3 MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PLOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT PAGAN.MINNESOTA 55122-1897 EAGAN,MINNESOTA 55122 PHONE:(651) 4600 PHONE (651)681-4300 FAX (651)681-4612 Equal Opportunity Employer FAX.(651)681-4360 TDD (651)454-8535 www.cityofeaaan.com Trnn (ACI�As„ MCI. 4 Page 2 To facilitate the typical engthy reconveyance process, the City expended funds and contracted for a formal appraisal to determine the acquisition value of MnDOT's land. Local legislative representatives also assisted in securing MnDOT's approval for this reconveyance, which was subsequently issued in July of '99. However, MnDOT did not agree with our appraised valuation and classified its value at 35% higher. During the month of August, I initiated negotiation strategies to reduce MnDOT's asking price. On August 30, your legal representative, Mr. Dennis Trooien, submitted a list of 13 conditions that needed to be taken into consideration as a part of the proposed land swap agreement. Condition #12 required the City to perform a rather expensive environmental assessment of both your and MnDOT's property. The City Council agreed to that concept and directed me to initiate that process. However, to everyone's surprise, you then stated you are no longer interested in MnDOT's property and did not want the City to vacate Marice Drive. We had thought that the process that the City initiated and managed during the last 9 months was with your concurrence in trying to achieve a win-win solution. However, the position of your attorney and your recent comments at the public meeting seemed to indicate that the City is trying to force a public street vacation and transfer of surplus MnDOT property on to you. This has not been our intention and we would not have pursued this course of action if we had any indication that it might have alienated our relationship or opportunity to reach a satisfactory agreement for the acquisition of the Northwood Parkway Ring-Road alignment. Before the City proceeds with expending additional funds to perform the .retailed environmental assessment, soil borings, wetland delineations and boundary surveys on MnDOT's property, it would be very helpful if you could reaffirm your previous interest in this property. An acceptable alternative would be to no longer consider the potexitial for this land swap and have the City proceed with the acquisition of the Northwood Parkway alignment through the eminent domain process. I will be presenting the cost estimate to perform the environmental assessment study to the City Council at the October 5 meeting. It would be very much appreciated if you could provide a letter stating any potential interests you might have in the MnDOT property and/or the Marice Drive vacation. If you have the interest and desire, I'm sure the City Council will be more than willing to continue its initiative. If you are no longer interested, we can proceed much quicker thereby allowing you to proceed with your development interests. We feel confident that we can work with you through whatever process you find most acceptable. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC/jj C: Mayor and City Council c/o Thomas L. Hedges, City Administrator G:TAC/LTRS/Proj.768/Wenzel 39,b